July 17, 2019

Petition for Rule Development on "Cell Inspections"

by Ronald W. Clark, Jr (author's profile)


Date: 7/10/2019 4:10:28 PM


To: FDOC General Counsel
501 South Calhoun Street
Tallahessee FL 32399-2500

From: Ronald W. Clark Jr. #812974
Union Correctional Institution
PO Box 1000
Raiford, FL 32083

Date: July 11, 2019

This petition for rule development is authorized under F.S. Section 120.81 and F.S. Section 120.54. The Florida Dept. of Corrections in 2016, arbitrarily and capriciously implemented a new rule/process, outside the guidelines of 33-Florida Administrative Codes, and without going through the rule development process set forth in F.S. Section 120.54, they implemented this new rule "Cell Inspections."

The wardens and administrations are placing inmates on disciplinary confinement, denying inmates of federal and state created liberty interest, in taking property and privileges for noncompliance, of this "nonexistent" rule.

Without a true structured rule, staff nor inmates have a true solid foundation and set of rules and guidelines for which to follow. That in and of itself is causing chaos and confusion, within the department and unnecessary disciplinary action. Which results in loss gain time, disciplinary confinement, and the denial of other property privileges and rights.

And is causing extreme paranoia and having negative psychological effects on the inmates, who are having to put all property away, stop doing legal work, writing family and friends, exercising, or any other daily activities—get in class A uniforms and be on standby from anywhere from one to three hours for an inspection that may not ever take place. It's also causing wing staff undo stress and hardship by trying to comply with each new warden's constant changes to this nonexistent rule.

There are many rumors about who implemented this rule or why—none of which is relevant.

The one thing that remains relevant is this rule has never been deployed and put through the outlined process set forth in F.S. Section 120.54 rule making. And the current process is a facade of an inspection, where the inmates are not asked, "How are you doing? Are there any issues that you need addressed with your cell? etc."

Many times during the current process, staff have walked by cells where the plumbing has been inoperable, screens on the windows are hanging off, allowing mosquitoes into the living quarters. Ants and dead roaches are in the hall. Florescent lights are missing covers, vents are clogged with dust and debris due to not being cleaned in over a year. All of which is ignored!

Which is unequivocal evidence that the current process does not work.

Wherefore when implementing and developing this new rule, stopping and speaking with an inmate to address these type of issues need to be written into the rule. Conclusion A rule needs to be fully developed on these "cell inspections", and all cell inspections need to cease and desist until the rule is fully developed and passed into 33-Florida Administration Codes as an authorized rule per Florida Statute Section 120.54.

The current process is violating both state and federally protected constitutional rights.

Thank you for your time and help in this matter.

Respectfully submitted,
Ronald W. Clark Jr.

C.C. Senator Randolph Bracy, Senator Darryl Rouson, Senator Gary Farmer, House of Representative Carlos Guillermo


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