CARRIE MARIE BURNETT, PETITIONER,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT
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PER CURIAM.
We have for review the following question passed upon by the First District Court of Appeal and certified to be of great public importance:
WHETHER THE DEPARTMENT OF CORRECTIONS MAY BE HELD LIABLE AS A RESULT OF THE CRIMINAL ACTS OF AN ESCAPED PRISONER?
Department of Corrections v. Burnett, 653 So. 2d 1102, 1102 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered the identical question in Vann v. Department of Corrections, 662 So. 2d 339 (Fla.1995), in the negative by holding the Department of Corrections “could not be held liable for the criminal acts of an escaped prisoner because no common law duty was owed by the department to protect a particular individual from such potential harm.” Id. at 340. We likewise answer the certified question in this case in the negative and approve the district court’s decision.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
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Andreas Keck v. Ashleigh K. Eminisor, 104 So. 3d 359 (Fla. 2012)…ascertain the general purpose and meaning of each part; each subsection, sentence, and clause must be read in light of the others to form a congruous whole.” Bush v. Holmes, 919 So. 2d 392, 407 (Fla.2006) (quoting Dep’t of Envtl. Prot. v. Millender, 666 So. 2d 882, 886 (Fla.1996)). It is apparent that reference to “the state” in the third clause must refer to those entities listed in the first clause of that section: “the executive departments, the Legislature, the judicial branch (including public defenders)…
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John Ellis "Jeb" Bush v. Holmes, 919 So. 2d 392 (Fla. 2006)…e provision should “be construed as a whole in order to ascertain the general purpose and meaning of each part; each subsection, sentence, and clause must be read in light of the others to form a congruous whole.” Dep’t of Envtl. Prot. v. Millender, 666 So. 2d 882, 886 (Fla.1996); see also Physicians Healthcare Plans, Inc. v. Pfeifler, 846 So. 2d 1129, 1134 (Fla.2003). The second sentence of article IX, section 1(a) provides that it is the “paramount duty of the state to make adequate provision for the educa…
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- Vann v. Dep't OF Corr., 662 So. 2d 339 (Fla. 1995)
- Dep't OF Corr. v. Burnett, 653 So. 2d 1102 (Fla. 1st DCA 1995)