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1989-157
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1989-157
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Last modified
3/29/2022 11:36:29 AM
Creation date
3/29/2022 11:35:13 AM
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Resolutions
Resolution Number
1989-157
Approved Date
12/19/1989
Resolution Type
Early Release Provisions
Entity Name
Florida Association of Counties
Subject
Florida Association of Counties in support of lawsuit filed in 2nd Judicial Court on behalf
of Sheriffs of 56 Florida counties asking for a declaration that Early Release
Provisions of Florida law are unconstitutional
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• <br />i <br />T` -.I., . , n <br />(bhb) Plaintiff Joe Varnadore is the duly elected and serving Sheriff of Desoto <br />County. Ile is a resident and taxpayer of DeSoto County. <br />(ecc) Plaintiff Walter C. Heinrich is the duly elected and serving Sheriff of <br />Hillsborough County. tic is a resident and taxpayer of Ftillshorough County. <br />(ddd) Plaintiff C. W. "Jake" Miller is the duly elected and serving Sheriff of <br />Brevard County. lie is a resident and taxpayer of BmvaM County. <br />3. hot stiff Sheriff is conwvatorof the peace in his respccp`ve County and <br />is authorized to mike arrests. Each Plaintiff Sheriff has gpainrod ttumerrottsdeputies who <br />have the sante power of due Sheriff as conservators of the peace. <br />A. Several Plaintiff sheriffs have been designated the chief correctional officer <br />of the county correctional system and is responsible for the operation and maintenance of <br />the county correctional system in their respective counties. <br />_..„ 1. Defendant Richard I- slugger is the SccreWY of the Deparurtent of <br />Corrections. As Secretary of the i>epiumttent of Corrections, he is the chief administrative <br />officer of the Department with authority and responsibility to plan, direct, coualinate, and <br />execute tic—powers. duties, and respomibilit%s assigned to the Departn>cnL <br />6. Pursuant to Atticle IV, Scction 8(a). Florida Cons6ttuion, except in cases o: <br />treason and in cases where impeachment results in conviction, the Govemor, with the <br />approval of three members of the Cabinet, has sole, unrestricted, unlimited and exclusive <br />power to grant full or conditional pardons, restore civil rights, commute punishment, and <br />remit fines and forfeitures for offenses. <br />7. Pursuant to Article IV, Section 8(c) Florida Constitution, the Legislature has <br />created a Parole and Probation Commission with the power to supervise persons on <br />probation and to grant paroles or conditional releases to persons convicted of crime. <br />8. Section 944.272(4)(a), Florida Statutes, audiorizcs the Npanment of <br />Corrections to grant deductions from sentences lawfully imposed on prisoners in the font <br />of "basic gain -time" at a rate of 10 days for each month of sentence imposed on a pri..oncr. <br />9. Section 944.272(4)(b), Florida Statutes, authorizes the Department of <br />CorTcctions to grant deductions from sentences lawfully imposed on prisoners.in the funn <br />of 'incentive gain -time" of up to 20 days for each month in which a prisoner works <br />diligently, participates in training, uses time constructively, or otherwise engages in <br />positive activities. <br />10. Section 944.272(4)(c), Florida Statutes, authorizes the Department of <br />Corrections to grant deductions front sentences lawfully imposed on prisoners in the form <br />of "meritorious gain -tint" of from I to 60 days. <br />5 <br />
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