Frederick E. Melvin v. Julie L. Jones, Secretary, Florida Department of Corrections, et al.
(1) Would it be unconstitutional if the Florida Commission on Offender Review formerly the Florida Parole Commission knowingly operate Florida's Consolidated Senate and House Bill 1574, 1402, 1430, 1438, 1439, and 1567, which passed as Chapter 88-122 and, among other things, enacted sec. 947.1405, Florida Statutes (1988), which was eliminated from the Senate's Journal on June 3, 1988, after the Senate amended the bill by striking everything after the enacting clause?
(2) Would it be unconstitutional if the Florida Commission on Offender Review formerly the Florida Parole Commission knowingly operate Florida's Consolidated Senate and House Bill 1574, 1402, 1430, 1438, 1439, and 1567, which passed as Chapter 88-122 and, among other things, enacted sec. 947.1405, Florida Statutes (1988), which was eliminated from the Senate's Journal on June 3, 1988, after the Senate amended the bill by striking everything after the enacting clause, despite the bill not being finally enacted prior to the amendment of the statute, and a prisoner's offenses being committed?
(3) Does the Florida Commission on Offender Review formerly the Florida Parole Commission violate the ex post facto clause of both the United States and Florida Constitutions when it applies the 1988 version or the 1989 amended version of sec. 947.1405, Florida Statutes, to a prisoner's sentence where the Florida Senate amended Consolidated House Bill 1574, 1402, 1430, 1438, 1439, and 1567, which passed as Chapter 88-122 and among other things, enacted sec. 947.1405, Florida Statutes (1988), which was eliminated from the Senate's Journal on June 3, 1988, after the Senate amended the bill by striking everything after the enacting clause, in which, neither the true bill nor the statute was re-enacted prior to the date a prisoner's offenses were committed?
(4) Does the Florida Department of Corrections knowingly violate the ex post facto clause of both the United States and Florida Constitutions when it applies the 1989 amended version of sec. 944.08(1), Florida Statutes (effective date September 1, 1990), to a prisoner's sentence whose offenses were committed on October 1, 1989 and January 1, 1990, to forfeit a prisoner's previously awarded one-third statutory basic gain-time, earned incentive upon a prisoner's revocation of Conditional Release when a prisoner's offenses were committed prior to the statute's amended effective date?
Whether the Florida Commission on Offender Review (formerly the Florida Parole Commission) unconstitutionally operates under Florida Senate and House Bills 1574, 1432, 1430, 1488, 1489, and 1507, which passed as Chapter 88-122 and, among other things, enacted Sec. 947.146, Florida Statutes (1988), which was eliminated from the Senate Journal on June 3, 1988, after the Senate amended the bill by striking everything other than the enacting clause