33-210.102

33-210.102 Legal Documents and Legal Mail.

(1) All inmates have a right of access to the courts. No provision of this rule may be applied in a way that conflicts with any rule of court. In any filings or correspondence with state courts, inmates are restricted by section 92.351, F.S., to mailing paper documents only, unless prior authorization is obtained from the court for inclusion of non-paper materials. No non-paper materials will be forwarded to the court until the inmate presents a court order authorizing the mailing of non-paper materials to the court. Inmates will be given ample time to prepare petitions and other legal documents. These documents will be processed promptly subject to the procedures outlined in this rule.

(2) Legal mail is defined as mail to and from the following entities:

(a) State attorneys.

(b) Private attorneys.

(d) Government attorneys.

(e) Approved legal aid organizations. For purposes of this rule, an approved legal aid organization is a not-for-profit legal aid organization that has been approved by the Supreme Court of Florida as set forth in the Rules Regulating the Florida Bar.

(f) Agency clerks.

(g) Municipal, county, state, and federal courts.

(3) Authentication of the identity of a person or entity listed in paragraphs (2)(a)-(e) of this rule will be required before processing any legal mail from such person or entity.

(4) Legal Mail from Attorneys.

(a) Attorney Registration.

1. All incoming legal mail from persons and entities listed in paragraphs (2)(a)-(e) is subject to an authentication process. As part of this process, all attorneys who wish to send legal mail to an inmate or inmates must register and obtain an Attorney Registration Number (ARN) from the Department.

2. A link to the registration portal will be provided on the Department’s public website. To obtain an ARN, an applicant must register with the Florida Department of Corrections by accessing the registration portal and completing Form DC1-214, Attorney Registration Number Request. Form DC1-214 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee FL 32399-2500, http://flrules.org/Gateway/reference.asp?No=Ref-18262. The effective date of the form is 08/25.

3. After an applicant submits Form DC1-214, Department staff will review information provided by the applicant and verify that the applicant is a member in good standing of a state bar association or the District of Columbia Bar Association.

4. Following verification, the applicant will receive a designated ARN at the e-mail address provided on Form DC1-214. The e-mail will also contain a unique link, which the applicant must use to send legal mail to an inmate.

5. If an applicant’s registration request is denied, the applicant will receive notice of the denial at the e-mail address provided on Form DC1-214.

(b) Review of Registration Denial

1. An applicant who is denied registration approval may request a review by the Office of the General Counsel.

2. The Office of the General Counsel will review the request and determine whether an ARN should be issued.

1. After receiving an ARN, an attorney may send legal mail directly to an inmate.

2. An attorney must treat as confidential his or her ARN and the unique link provided pursuant to subparagraph (4)(a)4. of this rule. By using his or her ARN, an attorney agrees to send only authorized legal mail in compliance with this rule.

3. For each piece of mail sent to an inmate, an attorney must access the link provided pursuant to subparagraph (4)(a)4. and provide the following information:

a. Attorney’s ARN;

b. Name of law office (if applicable);

c. Attorney’s first and last name as submitted during the attorney registration process;

d. Attorney’s e-mail address;

e. Inmate DC number;

f. Inmate name;

g. Name of institution;

h. Signature.

4. Submitting the information required by subparagraph (4)(c)3. of this rule will automatically assign a unique tracking number to that piece of mail and generate an e-mail notification to the requesting attorney. The notification will contain the following information:

a. Attorney Registration Number (ARN);

b. A unique Legal Mail Tracking Number (LMTN);

c. Inmate Department of Corrections number (DC#) and full committed name.

d. The institution to which the inmate is currently assigned.

5. The information in subparagraph (4)(c)4. of this rule must be legibly handwritten or typed on the outside of each envelope containing legal mail to be sent to an inmate. No labels of any kind may be affixed to the outside of the envelope. All incoming legal mail must provide a Department-issued ARN and a unique LMTN. Mail received without this required tracking information on the envelope will be returned to the sender as specified in subsection (13) of this rule.

(d) Institutional mailroom staff will compare the ARN and the LMTN to the information contained in the Department’s database to ensure the mail has been authenticated pursuant to this subsection before delivering it to the inmate.

(5) Legal Mail from Courts and Agency Clerks. Municipal, county, state, and federal courts, and agency clerks, are not subject to the registration and mail tracking requirements described in subsection (3) of this rule.

(6) Legal mail must be mailed to the institution or facility using the United States Postal Service (USPS). Legal mail received through other carriers will not be processed.

(7) Inmates may receive only legal documents, legal correspondence, written materials of a legal nature (other than publications), and self-addressed reply envelopes through legal mail. For purposes of this rule, a self-addressed reply envelope is defined as an envelope with the sender's name and address printed or handwritten on the outside and includes business and metered reply envelopes that otherwise meet the requirements of this subsection. Self-addressed reply envelopes with postage stamps or labels affixed to them by the sender are not permitted. No other items may be received through legal mail.

(a) The following items are not permitted in legal mail:

1. Greeting cards, blank greeting cards, stationery or other blank writing paper or envelopes;

2. Articles or clippings or other written materials of a non-legal nature;

3. Photographs, unless related to the inmate’s legal case. If related to the case, the photographs will be subject to restriction based on content if the photographs present a threat to the security or order of the institution or to the rehabilitative interests of the inmate. Polaroid photographs are prohibited;

4. U.S. postage stamps;

5. Non-paper items;

6. Items of a non-communicative nature, such as lottery tickets or matchbooks;

7. Stickers or stamps, including those affixed to the outside of the envelope;

8. Address labels, including those affixed to the outside of the envelope;

9. Laminated cards or other laminated materials.

(b) The height or thickness of incoming legal mail must not exceed nine (9) inches.

(8) Incoming mail from an attorney or law firm that is soliciting clients is considered an advertisement and must be mailed to the centralized address designated by the Department, in accordance with Rule 33-210.101, F.A.C. The attorney or law firm must clearly write on the front of the envelope “Advertisement.” Advertisements will not be considered or interpreted as legal mail under the provisions of this rule. Any advertisements labeled as legal mail will be returned to the sender as specified in subsection (13) of this rule.

(9) When an inmate is prohibited from receiving any item of legal mail, the inmate and the sender will be notified in writing on Form DC2-521, Unauthorized Mail Return Receipt, that the mail has been disapproved and the reason for its disapproval. One copy of Form DC2-521, Unauthorized Mail Return Receipt, will be placed in the original envelope with the correspondence and returned to the sender. One copy of Form DC2-521 will also be given to the inmate. Form DC2-521 is incorporated by reference in Rule 33-210.101, F.A.C. If an unauthorized item is discovered in the mail (other than items of an illegal nature) or the mail otherwise appears to have been tampered with to circumvent the Department’s contraband restrictions, the unauthorized item and the correspondence will be returned to the sender along with Form DC2-521.

(10) Inmates may prepare legal documents and legal mail in their living area. Additionally, some institutions may designate other areas specifically for this purpose.

(11) Inmates may prepare legal documents and legal mail during their off-duty time only. If a separate area is designated, it must be available for use a reasonable number of hours each week, and an inmate will be allowed to go to such place during scheduled periods as soon as practicable after receipt of his or her request to do so.

(12) Inmates may assist other inmates in preparing legal documents and legal mail. However, no money or other form of compensation may be given or received. Any inmate who violates this provision will be subject to disciplinary action.

(13) Processing of Legal Mail.

(a) The return address on incoming legal mail must contain sufficient information, including the name of the attorney and the name of the law firm, if applicable, to identify the sender as one of the persons or entities identified in subsection (2) of this rule. For attorneys, the envelope must display the sender’s ARN and the LMTN assigned to that piece of mail. The ARN and the LMTN will be validated against the Department’s database to ensure the mail has been authenticated pursuant to subsection (3) of this rule before the mail is delivered to the inmate.

(b) Except as provided in Rule 33-603.101, F.A.C., the address on all incoming legal mail must contain the inmate’s committed name and DC number and the institution’s name and address. The inmate’s dorm and bunk locations are not required. However, if the addressee can be identified, the mail will be delivered without delay. When legal mail cannot be delivered because the envelope does not contain enough information for a positive identification of the inmate recipient or, when applicable, does not provide a valid ARN and LMTN, the mail will be returned to the sender along with Form DC2-528, Legal Mail – Unable to Deliver. Form DC2-528 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://flrules.org/Gateway/reference.asp?No=Ref-18263. The effective date of this form is 08/25.

(c) No packaging other than standard envelopes that comply with this rule will be given to inmates. Staff will remove the following types of packaging before providing the contents to the inmate: envelopes with postage stamps or labels affixed to the outside, boxes, padded envelopes, envelopes that include metal parts, multilayer packaging, bubble wrap, packing peanuts, or other forms of extra packaging.

(d) All incoming legal mail will be opened in the presence of the inmate to determine that the correspondence is legitimate legal mail and that it contains no unauthorized items. Only the signature and letterhead may be read. Incoming legal mail must clearly state on the front of the envelope “Legal Mail – Open only in the presence of the inmate.” If this statement is not included on the envelope, the mail will be inspected in accordance with Rule 33-210.101, F.A.C.

(e) If legal mail is written in a foreign language, the signature block and letterhead will be translated to confirm that it is legitimate legal mail. If the signature block and letterhead indicate that it is legal mail, the mail will be provided to the inmate. If the letterhead and signature block cannot be translated by an employee at the facility, the envelope, letterhead, and signature block of the correspondence may be photocopied and sent to another institution or the Department of Corrections central office for translation.

(f) When legal mail is received for an inmate who has been transferred within the Department, the institution will return the correspondence within five working days to the post office with the forwarding address of the facility where the inmate is currently incarcerated. If additional postage is required to forward the legal mail, regardless of the class, to the transferred inmate’s new institutional assignment, the Department will pay the cost of this additional postage if the mail contained sufficient postage for delivery to its original destination.

(g) When legal mail is received for an inmate who has been released from the Department, it will be returned to the post office within five working days with a forwarding address, if available, and a request will be made to postal authorities to forward the legal mail to the former inmate. If no forwarding address is available, all legal mail will be returned to the sender.

(14) Incoming Mail Log.

(a) All incoming legal mail must be entered on Form DC2-522, Incoming Legal and/or Privileged Mail Log. The entry must include the inmate’s name, DC number, the date the mail was received by the institution, the full address of the sender, the date the mail was received by the inmate, the signature of the inmate, and the initials of the mailroom officer who is present when the inmate signs for receipt of the mail. Form DC2-522 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://flrules.org/Gateway/reference.asp?No=Ref-18264. The effective date of the form is 2/23/10.

(b) In the event that the inmate has been released or transferred, in addition to the procedures required by paragraphs (13)(f)—(g) of this rule, Form DC2-522 must be completed as required in paragraph (14)(a), except that mailroom staff must write “Transferred” or “Released” in the “Date Mail Received By Institution” section and the date that the mail was forwarded in the “Inmate Signature” section.

(15) Outgoing Legal Mail

(a) The return address on all outgoing legal mail must contain the inmate’s committed name and DC number and the institution’s name and address spelled out completely. The inmate’s dorm and bunk locations are not required. No prefix other than Inmate, Mr., Ms., Miss, or Mrs. or any suffix other than Jr., Sr., or Roman numerals such as II or III may be included as part of the committed name in the return address. If the inmate’s committed name or DC number is missing, the letter will be returned to the inmate for proper addressing. If the institution’s name or address is incomplete, the institution is authorized to stamp the outgoing legal mail with the institution’s complete name and address and must mail it without delay. All outgoing legal mail will be stamped “mailed from a state correctional institution” by mailroom staff.

(b) Inmates must present all outgoing legal mail unsealed to the mail collection representative to determine, in the presence of the inmate, that the correspondence is legal mail, that it bears that inmate’s return address and signature, and that it contains no unauthorized items. Only the address may be read to determine whether the mail is properly addressed to a person or entity identified in subsection (2) of this rule. If the outgoing mail contains unauthorized items or is not legal mail, the inmate will be subject to disciplinary action. If the outgoing mail is legal mail and contains no unauthorized items, the mail collection representative must date stamp the document(s) to be mailed and the inmate’s copy, if provided by the inmate. The date stamp must be in the following format: “Provided to (name of institution) on (day, month and year blank to insert date) for mailing, by (officer’s initials).” The mail collection representative must then have the inmate initial the document(s) next to the stamp and have the inmate seal the envelope in the mail collection representative’s presence. For confinement areas, the staff member who picks up the legal mail each day must stamp the documents, have the inmate place his or her initials next to the stamp, and have the inmate seal the envelope in the staff member’s presence. The use of mail drop boxes for outgoing legal mail is prohibited.

(16) Incoming and outgoing legal mail that is properly addressed and otherwise in compliance with applicable rules must not be held for processing for more than 24 hours following its receipt by the mail room, excluding weekends, holidays, and periods of declared emergencies.

(17) Inmates may keep legal material in their living area subject to storage limitations. The Department of Corrections will not be responsible for lost, stolen, or misplaced legal materials. The institution must provide white paper, envelope(s), and a pen for the preparation of legal documents and legal mail to inmates who lack sufficient funds to purchase their own paper, envelopes, and pen. Inmates may not use hand-made envelopes or packages to send legal mail. Mail enclosed in such materials will be returned to the inmate without processing. Outgoing packages and envelopes must not bear any artwork, additional lettering, or designs other than the required address and return address.

(18) Postage.

(a) If an inmate does not have sufficient funds to cover the cost of mailing documents at the time the mail is submitted to the mailroom, the institution must provide postage for mail to be sent to persons or entities identified in subsection (2) of this rule, for pleadings to be served upon each of the parties to a lawsuit, and for complaints to be mailed to the Florida Bar concerning ineffective assistance of counsel in the inmate’s criminal case. Submission of unstamped legal mail to the mailroom or mail collection representative by an inmate will be deemed a request for the institution to provide postage and a lien to be placed on the inmate’s account as provided in paragraph (18)(b) of this rule. Postage furnished pursuant to this paragraph will not exceed payment for the original and two copies except when additional copies are legally required. The inmate will be responsible for proving that copies in addition to the routine maximum are legally necessary.

(b) At the time postage is provided to an inmate pursuant to paragraph (18)(a) of this rule, the Bureau of Finance and Accounting, Inmate Trust Fund Section, will place a hold on the inmate’s account for the cost of the postage. The cost of providing the postage will be collected from any existing balance in the inmate’s trust fund account. If the account balance is insufficient to cover the cost, the account will be reduced to zero. If costs remain unpaid, a lien will be placed on the inmate’s account subject to priorities of other liens, and all subsequent deposits to the account will be applied against the unpaid costs until the debt has been paid.

(19) The warden of each institution must designate one or more employees who are Notaries Public to notarize legal material presented by inmates. Each document presented by an inmate for notarization and mailing which legally requires notarization must be notarized and mailed immediately, subject to the following conditions:

(a) When an inmate presents a document for notorization, the designated employee must:

1. Ascertain that the inmate can read and has read the document and understands its contents; or

2. Read the document to the inmate and ascertain that the inmate understands its contents.

(b) The employee must not accept any document for notarization until the inmate indicates the document is ready to be mailed or forwarded. The employee is not required to notarize the inmate’s file copy of the document.

(c) Before notarizing an affidavit to any legal material, the employee to whom it is submitted must inform the inmate that they are a Notary Public and that the inmate must swear to the statement in the affidavit. The employee must then require the inmate to raise his or her right hand and give an affirmative answer to the following question: “Do you solemnly swear or affirm that the statements made in this affidavit are true?” After administering this oath, the employee must witness the inmate sign the affidavit.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 10-8-76, Amended 4-19-79, 7-2-81, 6-8-82, 9-23-85, Formerly 33-3.05, Amended 10-7-86, 8-20-89, 4-4-91, 9-1-93, 4-28-96, 2-12-97, 5-25-97, 10-7-97, 12-7-97, 2-15-98, Formerly 33-3.005, Amended 12-20-99, Formerly 33-602.402, Amended 5-5-02, 12-4-02, 5-11-03, 8-25-03, 9-20-04, 12-23-07, 4-23-09, 2-23-10, 10-21-10, 12-5-12, 8-5-25.