DEPARTMENT OF CORRECTIONS v. ADAMS

No. AY-249.

464 So.2d 1316 (1985)

DEPARTMENT OF CORRECTIONS, Appellant, v. Douglas L. ADAMS, Joe Lewis Holland, Curtis Head, and Melvin Davis, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied April 3, 1985.


Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Randall A. Holland, Asst. Atty. Gen., for appellant.

Douglas L. Adams and Joe Lewis Holland, in pro. per.


THOMPSON, Judge.

The Department of Corrections (DOC) appeals a final administrative order declaring that Baker Correctional Institution's (BCI) Institutional Operating Procedure (IOP) 78-G-7 was invalid. We reverse.

The appellees, inmates at BCI, filed a petition to determine the invalidity of a rule and alleged, inter alia, that BCI's IOP 78-G-7 was an unpromulgated and therefore invalid rule. The IOP provides in pertinent part as follows:

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