Richard Franklin Miller v. Dale Carson, Etc., Louis L. Wainwright, Director, Division of Corrections, T. Edward Austin, Amicus Curiae

599 F.2d 742, 1979 U.S. App. LEXIS 12907

Opinion

PER CURIAM:

We certified the following question to the Supreme Court of Florida:

WHETHER THE RULE PROPOSED BY THE SECRETARY OF THE FLORIDA DEPARTMENT OF OFFENDER REHABILITATION COMPLIES WITH THE REQUIREMENTS OF SECTION 951.23(2)(b), FLORIDA STATUTES.

The Court has answered the question in the negative. Carson v. Miller, Fla.1979, 370 So.2d 10.

We REMAND to the district court for further proceedings consistent with this opinion of the Supreme Court of Florida and our earlier opinion in this case, Miller v. Carson, 5 Cir. 1977, 563 F.2d 741.

REMANDED.