33-103.011 Time Frames for Inmate Grievances. 🔗 📘
When determining the time frames for grievances in all cases, the specified time frame shall commence on the day following the date of the incident or response to the grievance at the previous level. For example, if an incident occurred on December 1, fifteen days from that date would be December 16.
(1) Filing of Grievances.
(a) Informal Grievances -- Must be received within 20 days of when the incident or action being grieved occurred, unless the inmate has requested in writing and received approval for a 45 day extension to file an informal grievance about being physically restrained during pregnancy, labor, or post-partum recovery, pursuant to Rule 33-602.211, F.A.C. The request for an extension must be submitted on Form DC6-236, Inmate Request, and received within 20 days of the application of restraints. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.
1. When an inmate places his or her grievance or extension request into the grievance box on the 20th day after the date of the alleged incident but after the grievances were retrieved from the box for that day, the grievance shall be treated as timely.
2. When the grievance of an inmate who was granted a 45-day extension is retrieved from the grievance box on the 66th day and dated accordingly by Department staff, the grievance shall be treated as timely.
(b) Formal Grievances -- Must be received no later than 15 calendar days from:
1. The date on which the informal grievance was responded to; or
2. The date on which the incident or action being grieved occurred, if an informal grievance was not filed pursuant to the circumstances specified in subsection 33-103.006(3), F.A.C., unless the grievance is an issue related to sexual abuse.
3. When an inmate places his or her grievance into the grievance box on the 15th day after the date of such response or such alleged incident/action, but after the grievances were retrieved for that day, the grievance shall be treated as timely.
4. Pursuant to paragraph 33-103.006(3)(j), F.A.C., and notwithstanding the above provisions, sexual abuse grievances filed by the inmate or a third party may be filed at any time after the incident is alleged to have occurred. After the initial filing, all other applicable timeframes shall apply.
5. If the grievance is filed by an inmate who is visually impaired and requires accomodation as provided in Rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.
(c) Grievance Appeals to the Office of the Secretary -- Must be received within 15 calendar days from the date the response to the formal grievance is returned to the inmate.
1. When an inmate places his or her appeal into the grievance box on the 15th day after the date of the response to his or her formal grievance, but after the grievance box was emptied for that day, the grievance shall be treated and processed as timely.
2. If the grievance is filed by an inmate who is visually impaired and requires accomodation as provided in Rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred
(d) Direct Grievances to the Office of the Secretary -- Must be received within 15 calendar days from the date on which the incident or action being grieved occurred.
1. When an inmate places his or her grievance into the grievance box on the 15th day after the date on which the incident or action being grieved occurred, but after the grievance box was emptied for that day, the grievance shall be treated and processed as timely.
2. If the grievance is filed by an inmate who is visually impaired and requires accomodation as provided in Rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.
(2) An extension of the time periods provided in subsection (1) of this rule shall be granted when an inmate clearly demonstrates, to the satisfaction of the reviewing authority as defined in Rule 33-103.002, F.A.C., or the Secretary, that it was not feasible to file the grievance within the relevant time periods and that the inmate made a good faith effort to file in a timely manner. An extension may be granted under this subsection for filing an original grievance or re-filing a grievance after correcting one or more deficiencies cited in Rule 33-103.014, F.A.C.
(3) Responding to Grievances.
(a) Informal Grievances -- A written response to an informal grievance must be completed within 15 calendar days after the grievance is received. See Rule 33-103.005, F.A.C.
(b) Formal Grievances -- The reviewing authority as defined in Rule 33-103.002, F.A.C., shall take action and respond to a formal grievance within 20 calendar days after the grievance is received. See Rule 33-103.006, F.A.C.
(c) Grievance Appeals and Direct Grievances to the Office of the Secretary -- A written response to a grievance appeal or a direct grievance to the Office of the Secretary must be completed within 30 calendar days after the grievance is received. See Rrule 33-103.007, F.A.C.
(d) Emergency Grievances -- A written response to an emergency grievance must be completed within 15 calendar days after the grievance is received, pursuant to Rules 33-103.006 and 33-103.007, F.A.C.
(e) Emergency Grievances Alleging Substantial Risk of Imminent Sexual Abuse -- Corrective action must be taken within 48 hours after the grievance is received, and a response must be provided within 5 calendar days after the grievance is received.
(4) The time limit for responding to grievances and appeals may be extended for a reasonable period agreeable to both parties if the extension is agreed to in writing by the inmate. Unless the grievant has agreed in writing to an extension, expiration of a time limit at any step in the process shall entitle the complainant to proceed to the next step of the grievance process. If this occurs, the complainant must clearly indicate this fact when filing at the next step. If the inmate does not agree to an extension of time at the central office level of review, and provided the inmate is not required to file a Petition to Initiate Rulemaking pursuant to subsection 33-103.001(6), F.A.C., and section 120.54(7), F.S., he or she will have exhausted his or her administrative remedies and may proceed with judicial remedies. The Bureau of Policy Management and Inmate Appeals will ensure that the grievance is investigated and responded to even though the inmate has not agreed to an extension.
(5) If the 15th day referenced in paragraphs (1)(b), (c), and (d) of this rule, falls on a weekend or holiday, the due date shall be the next regular work day.
(6) If the 15th, 20th, or 30th day referenced in paragraphs (3)(a), (b), and (c) of this rule falls on a weekend or holiday, the due date shall be the next regular work day.