HARRY K. SINGLETARY, SECRETARY FOR THE FLORIDA DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
RAFAEL DE JESUS ACOSTA, APPELLEE
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PER CURIAM.
Upon consideration of the appellee’s commendable motion to remand, which we treat as a confession of error, those portions of the “order of judgment and sentence” which purport to direct the Department of Corrections to place the defendant in a specific drug treatment center and to provide specified medical treatment and medication — that is, each of the four substantive paragraphs on page two of the order and judgment — are hereby vacated. While it may make nonbinding recommendations, the trial court wholly lacks authority to regulate the treatment and placement of a sentenced defendant in the prison system. See Art. II, § 3, Fla.Const. (1968); Brown v. State, 427 So. 2d 821 (Fla.2d DCA 1983); Florida Dep’t of Health & Rehabilitative Sews. v. Gross, 421 So. 2d 44 (Fla.3d DCA 1982); State ex rel. Dep’t of Health & Rehabilitative Servs. v. Sepe, 291 So. 2d 108 (Fla.3d DCA 1974). After remand, the trial judge shall enter sentence in the usual form.
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Singletary v. Lancy Duggins, 724 So. 2d 1234 (Fla. 3d DCA 1999)…v. Wilson, 594 So. 2d 330 (Fla. 3d DCA 1992). We also observe that even if notice had been given, the trial court lacks authority in this criminal action to regulate the treatment of a sentenced defendant in the prison system. Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DCA 1995). Duggins states that he desires to challenge the validity of the DOC’s hair regulation. Our deci [*1235] sion is without prejudice to Duggins’ seeking such relief in an appropriate forum. Writ granted; order quashed.…
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Dep't OF Child. & Fam. Servs. v. M.H. & State of Fla., 830 So. 2d 849 (Fla. 2d DCA 2002)…litative Servs. v. Pelz, 609 So. 2d 155 (Fla. 5th DCA 1992). The same principles apply when circuit courts attempt to exercise' authority over placement [*851] by the Department of Corrections of sentenced prisoners. See, e.g., Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DCA 1995). The children argue that the principles outlined in the foregoing opinions should be disregarded on three bases. First they argue that because section 985.223 does not contain any specific time limitation for placement in a treat…
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Singletary v. Carpenter, 705 So. 2d 110 (Fla. 2d DCA 1998)…hat authority. To. this question the DOC has provided an incisive answer which harmonizes this statute with the abundant case law which proscribes criminal trial judges from interfering with the authority of the DOC. See, e.g., Singletary v. Acosta, 659 So. 2d 449 (Fla. 3d DCA 1995), and cases cited therein. Civil trial courts routinely enter orders denying or restricting the access of adults to their children. A parent imprisoned for a child sex offense not uncommonly becomes a respondent in a proceeding to…
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- Brown v. State, 427 So. 2d 821 (Fla. 2d DCA 1983)
- State v. Sepe, 291 So. 2d 108 (Fla. 3d DCA 1974)
- Fla. Dep't OF Health & Rehabilitative Servs. v. The Honorable Howard Gross, 421 So. 2d 44 (Fla. 3d DCA 1982)