Florida Senate - 2010                                     SB 950
       
       
       
       By Senator Dockery
       
       
       
       
       15-00898-10                                            2010950__
    1                        A bill to be entitled                      
    2         An act relating to the Department of Corrections;
    3         amending s. 20.315, F.S.; providing for the Secretary
    4         of Corrections to appoint no more than three deputy
    5         secretaries; amending s. 120.81, F.S.; setting forth
    6         the administrative actions that an agency must take if
    7         a prisoner files a petition that is directed to an
    8         unadopted agency rule; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (a) of subsection (3) of section
   13  20.315, Florida Statutes, is amended to read:
   14         20.315 Department of Corrections.—There is created a
   15  Department of Corrections.
   16         (3) SECRETARY OF CORRECTIONS.—The head of the Department of
   17  Corrections is the Secretary of Corrections. The secretary is
   18  appointed by the Governor, subject to confirmation by the
   19  Senate, and shall serve at the pleasure of the Governor. The
   20  secretary is responsible for planning, coordinating, and
   21  managing the corrections system of the state. The secretary
   22  shall ensure that the programs and services of the department
   23  are administered in accordance with state and federal laws,
   24  rules, and regulations, with established program standards, and
   25  consistent with legislative intent. The secretary shall identify
   26  the need for and recommend funding for the secure and efficient
   27  operation of the state correctional system.
   28         (a) The secretary shall appoint no more than three a deputy
   29  secretaries secretary. The deputy secretaries secretary shall be
   30  directly responsible to the secretary and shall serve at the
   31  pleasure of the secretary.
   32         Section 2. Paragraph (d) is added to subsection (3) of
   33  section 120.81, Florida Statutes, to read:
   34         120.81 Exceptions and special requirements; general areas.—
   35         (3) PRISONERS AND PAROLEES.—
   36         (d) Notwithstanding s. 120.54(7)(b), if a prisoner, as
   37  defined in s. 944.02, files a petition pursuant to s.
   38  120.54(7)(a) which is directed to an unadopted agency rule, the
   39  agency shall, not later than 30 days following the date of
   40  filing the petition, initiate rulemaking proceedings under this
   41  chapter, otherwise comply with the requested action, or deny the
   42  petition and issue a written statement of its reasons for the
   43  denial.
   44         Section 3. This act shall take effect July 1, 2010.