Judge Orders Hearing in Teamsters' Challenge to FDOC Probation Rules

Petition Would Restore Minimum Supervision of Probationers

TALLAHASSEE, Fla., March 29, 2012 /PRNewswire-USNewswire/ -- An administrative judge today ordered a hearing in Teamsters Local 2011's legal challenge to restore the requirement that probation officers visit the homes of dangerous criminals on probation.

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Robert S. Cohen, chief judge for the Division of Administrative Hearings, wrote that the Teamsters' petition complies with Florida statute. He assigned the case to Administrative Law Judge Elizabeth W. McArthur. A hearing is to be held within 30 days.

The Florida Department of Corrections on Feb. 29 suspended officers' visits to offenders' homes and treatment providers until June 30. The Teamsters argue the suspension breaks Florida law and endangers Florida's communities.   

The Teamsters say FDOC's action violates Florida Statute 944.09(4), which states, "the department shall…keep informed concerning the conduct, habits, associates, employment, recreations, and whereabouts of such probationer, by visits, by requiring reports, and in other ways." The Teamsters also argue FDOC violated Section 120.54(a)(1) of the Florida statutes, which requires the agency to engage in the rulemaking procedure before acting to change offender supervision.

Within 30 days of the hearing, the administrative law judge must determine if FDOC acted improperly. If the judge rules against FDOC, the agency must restore home visits.

Probation officers say field visits to probationers prevent future criminal activity. They have found guns, drugs, credit card fraud and other illicit activity in probationers' homes.

For more information, visit http://fdocteamsters.org. The petition can be found here.

Founded in 1903, the Teamsters Union represents 1.4 million hardworking men and women throughout the United States, Canada and Puerto Rico. For more information, go to www.teamster.org or follow us on Twitter @TeamsterPower.

SOURCE Teamsters Local 2011

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