144 So. 3d 613
Fla. Dist. Ct. App.2014Background
- Donald Waters (inmate) filed a petition for writ of mandamus after the Florida Department of Corrections (DOC) returned his grievance appeal as untimely under Fla. Admin. Code R. 33-103.011(1)(c).
- Waters contended he handed the appeal to prison officials for mailing within the 15-day deadline and relied on the prison "mailbox rule" (i.e., filing deemed made when inmate entrusts document to prison agents).
- DOC returned the appeal as received one day late and noted Waters had not used the institution’s logging/tracking procedure in Rule 33-103.006(8).
- DOC argued the institutional mailing procedure supplanted the mailbox rule because inmates are not required to use U.S. mail and can use the logging/tracking process that provides institutional date verification.
- The circuit court dismissed Waters’ mandamus petition for failure to state a cause of action; Waters appealed only the timeliness/mandamus question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prison mailbox rule applies to DOC grievance appeals so that an appeal is "received" when the inmate turns it over to prison officials | Waters: mailbox rule applies; his dated grievance and institutional "legal mail" stamp show he gave it to officials within 15 days | DOC: Rule 33-103.006(8) provides a logging/tracking procedure; inmate not required to use U.S. mail, so Gonzalez mailbox rule no longer applies; receipt is when central office actually receives it | Court: mailbox rule still applies where inmate shows he gave documents to institution for mailing and DOC failed to rebut that presumption; reversed dismissal and remanded for writ entry |
| Whether mandamus is the proper vehicle to obtain relief on constitutional claims, appointment of counsel, or injunction against retaliation | Waters sought broader relief (counsel, injunction, constitutional rulings) in mandamus petition | DOC: mandamus inappropriate for constitutional claims and other relief | Court: mandamus may compel agency to follow its rules but is not the correct remedy for constitutional claims or to obtain appointment of counsel or injunction; no error in circuit court declining those remedies |
Key Cases Cited
- Haag v. State, 591 So. 2d 614 (Fla. 1992) (adopted the prison mailbox rule for pro se inmate filings)
- Gonzalez v. State, 604 So. 2d 874 (Fla. 1st DCA 1992) (applied mailbox rule to inmate grievance appeals)
- Houston v. Lack, 487 U.S. 266 (U.S. 1988) (federal mailbox rule: pro se inmate filing deemed filed when placed in prison officials' control)
- Thompson v. State, 761 So. 2d 324 (Fla. 2000) (certificate of service creates presumption an inmate placed documents with prison officials for mailing; State bears burden to rebut)
- Crews v. Malara, 123 So. 3d 144 (Fla. 1st DCA 2013) (discussed mailbox rule history and DOC's institutional procedures as mechanisms to rebut presumption)