Laserfiche WebLink
has contributed to allegations and charges of overcrowding of various county ticiention <br />facilities. <br />18. The Department of Corrections is autlunriz d and directed, pursuant to <br />Section 951.23(6), Florida Statutes, to seek injunctions against the chief correctional <br />officer of the county correctional system for failure to comply with adoptcd rules and <br />regulations pr, scribing minimum standards and iequi ements for the operation and <br />train o lezndt ,tidos, including standards and mquiremennts rotating to <br />evoz=wdins. <br />19. The Depatnwnt of Corrections has instituted actions against several of the <br />Plaintiff Sheriffs for alleged overcrowding, caused in part by the commutation of the <br />sentences of thousands of prisoners by the Department of Corrections or the Secretary of <br />the Department of Corrections. <br />20. As a result of various legal actions institutes by die Departnxnt of <br />Corrections, residents and taxpayers of several counties have incurred additional ad <br />valorem tax obligations and/or additkmal sales tax obligations to expand county qtri;4�4atnal <br />facilities to comply with state -mandated requirements. <br />21.Opptradon and effect of the herein referenced statutes relating to gain-timc <br />and provisional release credits have had it tangible and continuing effect upon each of die <br />Plaintiff Sheriffs with respect to the exercise of their responsibilities as Sheriff of their <br />respective counties, as chief correctional officer of the county correctional system for their <br />respective cocities, and as a resident and taxpayer of their respective countics.. <br />22. The provisions of the herein referenced statutes relating to gain-timc and <br />provisional release credits are unconstitutional under Article IV, Section 8(a), Florida <br />Constitution, and Article IV, Section 8(c), Florida Constitution. <br />23. Each Plaintiff, as Sheriff of their respective counties, is uncertain and in <br />doubt as to the effect of the herein referenced statutes relating to gaimtinne and provisional <br />release credits upon his rights, hrmunities, powers and privileges. Therefore, Plaintiffs <br />seek a declaratory judgment adjudicating and dctemuni,g such rights, immunities, powers <br />and privileges. <br />WHEREFORE, the Plaintiff Sheriffs pray that the Court: <br />1. Declare that Sections 944.275(4)(a), 944.274(4)(b), and 944.274(4)(c), <br />Florida Statutes, and Sections 944.277, 944.598(2), and 944.598(3), Florida Statutes, <br />insofar as they authorize die Department of Cortrzoons or tote Secretary of the Dcpa inxnt <br />7 <br />