JAMES JONES, APPELLANT,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
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A prisoner appealed a disciplinary decision to the Florida Department of Corrections, and the department denied his administrative appeal. The appellate court dismissed his direct appeal to the district court of appeal, holding that prisoners lack jurisdiction to seek direct judicial review of disciplinary decisions in the appellate court under Florida's statutory framework.
A prisoner may not seek direct judicial review in the district court of appeal of an administrative appeal denial from a disciplinary proceeding. Under section 120.52(12)(d), Florida Statutes, prisoners may only participate in proceedings under section 120.54(3) or (5) and cannot seek judicial review under section 120.68 of other agency actions. The appropriate remedy is to petition for extraordinary relief in the circuit court.
[1] Prisoners may not seek judicial review under section 120.68, Florida Statutes, of agency action unless the proceedings fall under section 120.54(3) or (5), Florida Statut…
[2] The appropriate remedy to seek review of an order denying an administrative appeal of a disciplinary report is by petition for extraordinary relief in the circuit court.
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Join FLexlaw to unlock all legal intelligence“Prisoners as defined in s. 944.02(5) may obtain or participate in proceedings under s. 120.54(3) or (5). Prisoners shall not be considered parties in any other proceedings and may not seek judicial review under s. 120.68 of any other agency action.”
The statutory provision that limits prisoners' ability to seek judicial review and defines which proceedings they may participate in.
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Join FLexlaw to unlock all legal intelligenceJames Jones, a prisoner confined in Sumter Correctional Institution, was charged by prison officials with possession of a weapon. A disciplinary heari…
The full statement of facts, procedural history, and disposition for this case are member content.
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ON APPELLEE’S MOTION TO DISMISS
PER CURIAM.
Appellant is a prisoner presently confined in Sumter Correctional Institution. Prison officials charged appellant with possession of a weapon. A disciplinary hearing was held and appellant was found guilty. As a penalty, he lost 60 days of gain-time. His administrative appeal was denied by the Secretary of the Department of Corrections. He filed a notice of appeal seeking review of the Secretary’s order of denial. Appellee moves to dismiss arguing that appellant cannot seek review of that order in this court. We agree and dismiss this appeal.
We write because of this recurring jurisdictional issue. Section 120.52(12)(d), Florida Statutes, limits the types of proceedings to which a prisoner may be a party and from which prisoners may appeal pursuant to section 120.68. Chapter 92-166, Laws of Florida, has recently amended section 120.-52(12)(d) so that section now states in part:
Prisoners as defined in s. 944.02(5) may obtain or participate in proceedings under s. 120.54(3) or (5). Prisoners shall not be considered parties in any other proceedings and may not seek judicial review under s. 120.68 of any other agency action. Parolees shall not be considered parties for purposes of agency action or judicial review when the proceedings relate to the rescission or revocation of parole.
Accordingly, unless a prisoner is proceeding under section 120.54(3) or (5), a prisoner may not seek direct judicial review in this court. See Endress v. Florida Department of Corrections, 612 So. 2d 645 (1993). The appropriate remedy to seek review of an order denying an administrative appeal of a disciplinary report is by petition for extraordinary relief in the circuit court pursuant to Rule 1.630, Florida Rules of Civil Procedure. Cf. Parole and Probation Comm’n v. Fuller, 491 So. 2d 275 (Fla.1986) and Griffith v. Florida Parole and Probation Comm’n, 485 So. 2d 818 (Fla.1986). If the petition is denied, petitioner may then seek review of the final order of the circuit court pursuant to Rule 9.110, Florida Rules of Appellate Procedure. Accordingly, the motion to dismiss is granted without prejudice to appellant’s right to proceed in the circuit court. This appeal is hereby dismissed.
MOTION GRANTED, APPEAL DISMISSED.
JOANOS, C.J., and WIGGINTON and WOLF, JJ., concur.
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Sheley v. Fla. Parole Comm'n, 720 So. 2d 216 (Fla. 1998)…n accepted remedy for reviewing an order of the Florida Parole Commission. Griffith v. Florida Parole and Probation Comm’n, 485 So. 2d 818 (Fla.1986). Such petitions are properly directed to the circuit courts. Jones v. Florida Dep’t of Corrections, 615 So. 2d 798 (Fla. 1st DCA 1993). A circuit court order denying relief is reviewable in the district court by certiorari pursuant to Florida Rule of Appellate Procedure 9.030, which provides in relevant part: (2) Certiorari Jurisdiction. [ ] The cer-tiorari jur…
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Amendments to the Florida Rules of Appellate Procedure, 685 So. 2d 773 (Fla. 1996)…c)(3) must be filed within 30 days after final disposition of the prisoner disciplinary proceedings conducted through the administrative grievance process under chapter 33, Florida Administrative Code. See Jones v. Florida Department of Corrections, 615 So. 2d 798 (Fla. 1st DCA 1993). Subdivision (e) was added, and subsequent subdivisions re-lettered, in order to alter the procedural requirements placed or apparently placed on lower court judges in prohibition and mandamus proceedings. The duty to respond to…
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Sheley v. Fla. Parole Comm'n, 703 So. 2d 1202 (Fla. 1st DCA 1997)…tition for writ of mandamus seeking review of a Parole Commission order should be directed to the circuit court. See Johnson v. Florida Parole and Probation Commission, 543 So. 2d 875 (Fla. 4th DCÁ 1989); see also Jones v. Department of Corrections, 615 So. 2d 798 (Fla. 1st DCA 1993). Under the current practice then, a petition for writ of mandamus in the circuit court takes the place of an appeal. Our system of appellate review was not designed to allow an inmate the right to review a Parole Commission Orde…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Griffith v. Fla. Parole & Prob. Comm'n, 485 So. 2d 818 (Fla. 1986)
- Endress v. Fla. Dep't OF Corr., 612 So. 2d 645 (Fla. 1st DCA 1993)
- Parole & Prob. Comm'n v. Fuller, 491 So. 2d 275 (Fla. 1986)