SMITH v. FLORIDA DEPT. OF CORRECTIONS

No. 1D03-4571.

920 So.2d 638 (2005)

Glenn SMITH, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 29, 2005.


Attorney(s) appearing for the Case

Appellant, pro se.

Charlie Crist, Attorney General; Joe Belitzky, Assistant Attorney General, Tallahassee, for appellee.


WOLF, C.J.

Appellant challenges a final judgment of the circuit court declaring valid certain portions of Rule 33-501.302 of the Florida Administrative Code. Appellant raises two points on appeal, one of which has merit and is dispositive. We conclude that the administrative rule which allows the Department of Corrections ("Department" or "DOC") to charge inmates for photographic copying services is not supported by a specific grant of legislative authority...

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