STATE OF FLORIDA
DEPARTMENT OF CORRECTIONS
OFFICE OF GENERAL COUNSEL

RONALD W. CLARK, JR. #812974
Inmate Petitioner,

Vs.

DC Case No.: DC14-119

MICHAEL D. CREWS,
DEPT. OF CORR. SECRETARY,]
Respondent.

PETITION TO AMEND RULE 33-601.830 (7)(i)
RECREATION FOR DEATH ROW INMATES
FOR CLARIFICATION PURPOSES

Comes now the Petitioner, pro se, pursuant to 120.54 (7), Fla. Stat. (2014),
and request that the Secretary amend the questioned rule for the following reasons:

PRELIMINARY STATEMENT

All references to documentary exhibits will be by: "App: (3)" and found in the attached "APPENDIX".

STATEMENT OF FACTS

1. In 2010 the F.D.O.C. implemented a new rule 33-601.830 for Death Row inmates which permitted them to receive six hours of out door exercise per week. Unlike the close management exercise rule which states:
"However, an exercise schedule shall be implemented to ensure a minimum of six hours per week (two hours three days per week) of exercise out of doors."

F.A.C. 33-601.800 (10)(m) (EXHIBIT "A"). The death row rule is not written up in a clear precise manner, the rule states:

"...An exercise schedule shall be implemented to ensure a minimum of six hours per week of exercise out-of-doors."

FAC 33-601.830 (7)(i) (EXHIBIT "B").

2. Staff are now able to run two three hour recreation periods which present the following problems:

(a) Death row recreations yards have no rest room facilities, so inmates are forced to be out there three hours with no bathroom breaks.

(b) The four death row recreation yards have no shelter from the weather, so inmates have to endure extreme heat, cold or rain for three straight hours.

(c) If staff cancels a recreation period for any reason, we automatically lose half of our out door recreation. If it were three two hour yards, we would only lose 1/3rd of our out door time.

3. This is an issue that must be settled by the rule making authority who has the power to amend and clarify this rule.

ARGUMENT

4. P-dorm video of recreation yards one, two, three and four, will show that Administrative Recreational officers are only using ONE of the four recreational yards in the morning and afternoon.

5. This is proof that there is ample opportunity time and space to operate three two hour rec periods a week by simply using all four rec yards at once as was the case before 2010.

PROPOSED AMENDMENT TO RULE

6. Since there is clearly sufficient time and space to run three two hour recreation periods a week, and the rule making authority seen, in 33-601.800 (10)(m) to allow inmates housed close management three two hour rec's a week, it seems sensible to change the wording in 33-601.830 (7)(j) to read as follows:

"(i) Exercise - an exercise schedule shall be implemented to ensure a minimum of six hours per week (two hours three days per week) of exercise out-of-doors."

7. Being that death row is a long term status, and we are on 24-7 lock down, and its clear by (7)(i) 2. and 3. that death row inmates who are on disciplinary confinement are denied recreation due to major rule violations through the ICT's authorization: we need further clarity of this, where the administrative recreational officers are not superseding this rule by applying 33-601.222 (p) Disciplinary confinement exercise which is designed for population inmates who are not confined 24-hours a day 7 days a week for decades.

Respectfully Submitted:

/s/ Ronald W. Clark Jr. June 11, 2014
Ronal W. Clark, Jr. #812974
Union Correctional Institution
7819 NW 228th Street
Raiford, Florida 32026