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affirming the denial of prisoner's petition to initiate rulemaking by the Department of Corrections "[b]ecause the Administrative Procedures Act does not apply" to prisoners and, thus, prisoner was "not entitled to appellate review of the department's denial of his petition."
Summary of this case from Jean-Denis v. InchOpinion
No. 1D00-4362.
July 9, 2002.
An Appeal from an order of the Department of Corrections.
Craig Caldwell, pro se, for Appellant.
Louis Vargas, General Counsel; Anthony W. Garcia, Assistant General Counsel, Tallahassee, for Appellee.
Craig Caldwell, a prisoner within the meaning of section 944.02(6), Florida Statutes (2000), challenges the denial of his petition to initiate rulemaking by the Department of Corrections. Because the department complied with section 120.54(7)(a), Florida Statutes (2000), by denying Caldwell's petition within 30 calendar days with written reasons, we affirm.
We do not address the merits of Caldwell's claims on appeal. Because the Administrative Procedures Act does not apply to him, Caldwell is not entitled to appellate review of the department's denial of his petition. See Quigley v. Dep't of Corrs., 745 So.2d 1029, 1031 (Fla. 1st DCA 1999). A prisoner's only avenue for judicial review is to seek declaratory or other relief in the circuit court. See id.
AFFIRMED.
ALLEN, C.J., BROWNING and LEWIS, JJ., concur.