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1989-157
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1989-157
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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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