STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ARCHIE D. WHITE, )
)
Petitioner, )
)
vs. ) CASE NO. 92-3738RE
)
FLORIDA PAROLE COMMISSION, )
)
Respondent. )
)
FINAL ORDER OF DISMISSAL
This cause came on for consideration of Respondent's Motion To Dismiss. As grounds therefore, it is alleged that during the 1992 session the Florida Legislature amended Section 120.52(12), Florida Statutes, eliminating the right of prisoners as defined in Section 944.02(5) to obtain or participate in proceedings under Sections 120.54(4) and (9), and 120.56, Florida Statutes. The effective date of this legislation is July 1, 1992.
The amendment to Section 120.52(12) deleting prisoners from those eligible to challenge rules removes this tribunal's jurisdiction to consider rule challenges initiated by prisoners, and all cases pending at the time statutory jurisdiction was abolished. Griffith v. Florida Parole and Probation Commission, 485 So.2d 818 (Fla. 1986); Rothermel v. Florida Parole and Probation Commission, 441 So.2d 663 (Fla. 1st DCA 1983). Accordingly, it is
ORDERED that Archie D. White's petition to challenge emergency rules 23ER- 1,2,3,4 and 5 be dismissed.
DONE and ORDERED this 16th day of July, 1992, in Tallahassee, Florida.
K. N. AYERS Hearing Officer
Division of Administrative Hearings The Desoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 16th day of July, 1992.
COPIES FURNISHED:
Kurt E. Ahrendt, Esquire 1309 Winewood Boulevard
Building 6
Tallahassee, FL 32399-2450
Peter B. Dolinger Qualified Representative
Florida Prisoner Legal Research and Representation Services
35246 U.S. Highway 19 North
Suite 111
Palm Harbor, FL 34684
Archie D. White, #117187
Apalachee Correctional Institution Post Office Box 699 (Dorm D-56) Sneads, FL 32460
William L. Camper, Esquire Parole and Probation Commission 1309 Winewood Boulevard
Tallahassee, FL 32399-2450
Claire Dryfuss, Esquire Assistant Attorney General The Capitol, Suite 1603 Tallahassee, FL 32399-1050
Donna Malphurs Room 439
Department of Corrections 2601 Blairstone Road
Tallahassee, FL 32399-2500
Carroll Webb Executive Director
Administrative Procedures Committee Room 120, Holland Building Tallahassee, FL 32399-1300
Liz Cloud Chief
Bureau of Administrative Code Room 1802, The Capitol Tallahassee, FL 32399-1300
NOTICE OF RIGHT TO JUDICIAL REVIEW
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
| Issue Date | Proceedings |
|---|---|
| Jul. 16, 1992 | CASE CLOSED. Final Order of Dismissal sent out. (Motion to Dismiss filed) |
| Jul. 14, 1992 | (Respondent) Motion to Dismiss filed. |
| Jun. 26, 1992 | Order of Assignment sent out. |
| Jun. 25, 1992 | Petition for Determination of Validity of Emergency Rule(s) filed. |
| Jun. 25, 1992 | Letter to Liz Cloud & Carroll Webb from Marguerite Lockard |
| Issue Date | Document | Summary |
|---|---|---|
| Jul. 16, 1992 | DOAH Final Order | Proceedings dismissed for lack of jurisdiction. Prisoners can no longer challenge rules. |
