Barbara Pinault; The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as ...

 

DEPARTMENT OF CORRECTIONS

RULE NOS.:RULE TITLES:

33-601.713Inmate Visiting - Definitions

33-601.714Inmate Visiting - General

33-601.721 Visiting Operations

NOTICE IS HEREBY GIVEN that the Florida Department of Corrections has issued an order disposing of the petition for declaratory statement filed by Barbara Pinault on July 5, 2016. The following is a summary of the agency’s disposition of the petition:

The Petitioner asserted that the “local rules” at Okeechobee Correctional Institution are inconsistent with section 944.8031(3), Florida Statutes, and rules 33-601.713, 33-601.714, and 33-601.721, Florida Administrative Code, as written. The Petitioner did not allege that she is unsure of how the provisions of the Florida Statutes and the Florida Administrative Code should be applied to her particular situation. Such uncertainty is a necessary element of any statutorily sufficient Petition for Declaratory Statement. As for the unidentified form and the “Policy and Procedure Manual” referenced in the Petition, the Petitioner failed to set forth any issue, controversy, or confusion regarding either. Accordingly, the Department was unable to make any declaration regarding those items. For the foregoing reasons, the Petition was denied.

A copy of the Order Disposing of the Petition for Declaratory Statement may be obtained by contacting: Valerie Robinson, 501 South Calhoun Street, Tallahassee, Florida 32399, [e-mail], [phone].