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1989-157
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3/29/2022 11:36:29 AM
Creation date
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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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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 />
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