CARL BRUCE CRIBBS, DOUGLAS L. ADAMS AND JOE L. HOLLAND, APPELLANTS,
v.
DEPARTMENT OF CORRECTIONS, APPELLEE

Fla. 1st DCA | 1985-05-29
No. AZ-205
ERVIN, C.J., and WENTWORTH, J„ concur., BARFIELD, J., concurs specially with an opinion.
470 So. 2d 757 Florida District Court of Appeal, First District (1985) Caution
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

ERVIN, C.J., and WENTWORTH, J„ concur. BARFIELD, J., concurs specially with an opinion.

Concurrence
BARFIELD, Judge,

BARFIELD, Judge,

concurs:

The hearing officer erred in holding that inmates of Union Correctional Institution were not substantially affected parties in a challenge to an interoffice memorandum and an institutional operating procedure governing hours during which inmates could watch television. However, the memorandum and operating procedure are not rules subject to challenge under section 120.56, Florida Statutes (1983), Department of Corrections v. Holland, et al., 469 So. 2d 166 (Fla. 1st DCA 1985); Adams v. Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985); Department of Cor rections v. Adams, 458 So. 2d 354 (Fla. 1st DCA 1984); Department of Corrections v. Sumner, 447 So. 2d 1388 (Fla. 1st DCA 1984). I therefore agree to affirming the dismissal of the petition.

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Citator

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  • Harris v. Dep't OF Corr., 499 So. 2d 9 (Fla. 1st DCA 1986)
    …g, confining their enactments to rules promulgated by the Department of Corrections pursuant to legislatively delegated authority. See also, Adams v. Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985); Cribbs v. Department of Corrections, 470 So. 2d 757 (Fla. 1st DCA 1985); Department of Corrections v. Piccirillo, 474 So. 2d 1199 (Fla. 1st DCA 1985). Harris’ argument that inmates are being disciplined pursuant to rules in the Handbook that are outdated may in fact be a valid complaint. However, h…
  • Hendrix v. Fla. Dep't OF Corr., 574 So. 2d 195 (Fla. 1st DCA 1991)
    …So. 2d 1199 (Fla. 1st DCA 1985). See also Florida Department of Corrections v. Holland, 469 So. 2d 166 (Fla. 1st DCA 1985); Adams v. Florida Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985); Cribbs v. Florida Department of Corrections, 470 So. 2d 757 (Fla. 1st DCA 1985); Adams v. Barton, 507 So. 2d 665 (Fla. 1st DCA 1987). In each of the above cases, the court’s holding that the prisoner must utilize the inmate grievance procedure rather than section 120.56, applied to challenges of inter-office…

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