TERRY W. VAUGHN,
v.
FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
Explore caselaw by topic → Browse Delegated Legislative Authority cases and more on FLexlaw
PER CURIAM.
Terry Vaughn appeals an order of the Department of Corrections, which held that the department was statutorily authorized to enact Florida Administrative Code Rule 33-22.012, section 9-4, prohibiting the offense of “attempted conspiracy.”1
Vaughn contends that the enactment of section 9-4 was unconstitutional and an invalid exercise of delegated legislative authority. We affirm, because section 120.81(3), Florida Statutes (1999), provides that an inmate has no standing to challenge a rule on these grounds under chapter 120. See Quigley v. Florida Department of Corrections, 745 So. 2d 1029 (Fla. 1st DCA 1999). Vaughn’s “only avenue for judicial review is to seek declaratory or other relief in circuit court, as was done in Bass v. Department of Corrections, 684 So. 2d 834 (Fla. 1st DCA 1996).” Id. at 1031.
AFFIRMED, without prejudice to Vaughn’s right to seek relief in circuit court.
ERVIN, BOOTH and BENTON, JJ., CONCUR. . Rule 33-22.012 is now codified as Florida Administrative Code Rule 33-601.314.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Smith v. Fla. Dep't OF Corr., 797 So. 2d 1272 (Fla. 1st DCA 2001)…ef on his constitutional challenge. We accordingly observed in our opinion that the appellant had sufficiently stated a cause of action and that he was seeking an appropriate remedy in the circuit court. We cited Vaughn v. Department of Corrections, 754 So. 2d 752 (Fla. 1st DCA 2000), which is authority for the proposition that the appellant lacked standing to raise his constitutional challenge in an administrative proceeding and was thus appropriately seeking relief in the circuit court. Because the appell…
-
Smith v. Fla. Dep't OF Corr., 763 So. 2d 1264 (Fla. 1st DCA 2000)…ause of action pursuant to Martinez v. Scanlan, 582 So. 2d 1167 (Fla.1991), and May v. Holley, 59 So. 2d 636 (Fla.1952), and because the appellant is seeking an appropriate remedy in the circuit court, see, e.g., Vaughn v. Department of Corrections, 754 So. 2d 752 (Fla. 1st DCA 2000), we reverse and remand for further proceedings. The appellant filed an amended notice of appeal in response to the trial court’s entering a second order on August 23, 1999, [*1265] again denying the complaint. Because this seco…
-
Jackson v. Dep't OF Corr., 753 So. 2d 789 (Fla. 1st DCA 2000)…PER CURIAM. Affirmed. See Vaughn v. Department of Corrections, 754 So. 2d 752, 752 (Fla. 1st DCA 2000); Quigley v. Department of [*790] Corrections, 745 So. 2d 1029, 1030-31 (Fla. 1st DCA 1999). DAVIS, BENTON, and PADOVANO, JJ., Concur.…
Authorities Cited
- Quigley v. Fla. Dep't OF Corr., 745 So. 2d 1029 (Fla. 1st DCA 1999)
- Bass v. Dep't OF Corr., 684 So. 2d 834 (Fla. 1st DCA 1996)