Grievance concerning Fla Inmates and their trust funds
Recently Florida Legislators helped the FDOC step on the toes of prisoners and their families once again. A "banking fee" of $4 per month is to be levied against the money on any inmate's account. Since the FDOC does not feel it important that people in prison have jobs, in most cases, this fee has to be paid by families and friends of the inmate. Prisoners seek relief with the following statement:
February 27, 2005 5:55 PM
Informal Grievance-To Hamilton CI Warden
This grievance is filed in accordance with Chapter 33-103.005 F.A.C. with the warden concerning the bureau of Finance & Accounting Inmate Trust Fund section. The focal point of my grievance is the application of state law, Chapter 944.516(1)(H), to my inmate trust fund/bank account. This addition to the aforementioned statute became effective on July 1, 2004. The addition to the statute reads,
"The D.O.C. may charge an administrative processing fee of up to $6.oo each month to inmates for banking services. Such fee shall be deposited in to the department's grant & donations trust funds and shall be used to offset the cost of the department's operations."
The statutory language is not mandatory that my account be charged therefore, I assert that I am entitled and limited to Florida's exemptions, including a $1,000 personal property exemption as afforded Florida residents pursuant to article 10 section (4) (2) of the Florida constitution.
Financial resources deposited in my name with D.O.C. and/or bureau of finance and accountability, that's received in the form of a money order, cashiers check, gov't check, and/or western union quick collect deposit is constitutionally protected and exempt from implications of 944.516(1)(H) F.S. because the above referenced deposits become and are my personal property.
As long as my account does not exceed $1,000 the exemption applies to my deposits and account and I make that claim herein.
I further assert, that under Florida's "Wild Card" exemption, personal property up to $1,000 and "any" type of personal property may be exempt provided that the value does not exceed $1,000.
I assert that the application of 944.0516(1)(H) F.S. to my account arbitrarily, unreasonably, and unconstitutionally deprives me of my rights pursuant to article 10sS 4 (20, federal and state constitution due process right, and is discriminatory.
In consideration of the fact asserted herein and the grim reality that the D.O.C. does not have an operating procedure, nor does Chapter 33-203 of the Fla. Administrative Code afford me "any" process that is due to me so that I may claim exception before my financial resources are therein;
I seek the following relief:
1) The Fla. Dept. Of Corrections and/or the Bureau of Finance & Accounting Inmate Trust Fund Section refrain from applying 944.516(1)(H)F.S. to my account.
2) The D.O.C. establish a procedure in which any exemptions can be asserted.
If you have stories relating to FDOC fees on prisoners,
please send information to kaylee1@charter.net