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Florida Statutes 945.6036 - Enforcement

 

Florida Statutes > Title XLVII > Chapter 945 > § 945.6036 - Enforcement


Current as of: 2011
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2010 version

   (1) If the department fails to substantially comply with the dispute resolution decision of the Administration Commission or fails to implement required remedial action within 45 days after such decision or within the time period set by the Administration Commission, whichever period is longer, the authority is authorized to petition the Circuit Court in Leon County for an order requiring the department to comply. For the purposes of this section, "substantial compliance" means a firm effort to comply fully with the decision without omitting any essential part, and that any omission consists solely of an unimportant defect.

   (2) If the authority fails to initiate a circuit court proceeding pursuant to this section, an inmate has the right to file a verified petition with the authority requesting that such a proceeding be initiated. The petition shall set forth with particularity the manner in which the department has failed to implement the decision of the Administration Commission, including any required remedial actions. The authority has 45 days after receipt of a verified petition to either initiate an action in circuit court pursuant to this section or advise the inmate in writing of the reason such an action will not be initiated.

   (3) Within 30 days after service of the written decision of the authority setting forth its reason why an action will not be initiated by the authority pursuant to this section, an inmate may initiate an appropriate proceeding in the Circuit Court in Leon County to require the department to substantially comply with the decision of the Administration Commission.

s. 7, ch. 92-47.

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U.S. Code Provisions: Corrections

U.S. Code Title 18 > Part I > Chapter 85 - Prison-Made Goods
U.S. Code Title 18 > Part I > Chapter 87 - Prisons
U.S. Code > Title 18 > Part III - Prisons And Prisoners
U.S. Code Title 42 > Chapter 46 > Subchapter XX-B - Grant Program To Evaluate And Improve Educational Methods At Prisons, Jails, And Juvenile Facilities
U.S. Code > Title 42 > Chapter 147 - Prison Rape Elimination

Federal Regulations: Corrections

U.S. Code Title 18 > Part I > Chapter 85 - Prison-Made Goods
U.S. Code Title 18 > Part I > Chapter 87 - Prisons
U.S. Code > Title 18 > Part III - Prisons And Prisoners
U.S. Code Title 42 > Chapter 46 > Subchapter XX-B - Grant Program To Evaluate And Improve Educational Methods At Prisons, Jails, And Juvenile Facilities
U.S. Code > Title 42 > Chapter 147 - Prison Rape Elimination
 

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