33-210.101 Routine Mail.

(1) The provisions of this rule apply to all incoming and outgoing routine mail. “Routine mail” is all incoming and outgoing inmate mail, except legal mail as defined in Rule 33-210.102, F.A.C., privileged mail as defined in Rule 33-210.103, F.A.C., and publications as defined in Rule 33-501.401, F.A.C. “Electronic mail processing,” where used herein, refers to the process of electronically scanning routine mail to digitize the documents received.

(2) Except as provided in this rule, an inmate may receive mail from any person or group.

(3) Inmates are responsible for informing correspondents of the regulations concerning incoming routine mail.

(4) Inmates are permitted to receive only the following items through incoming routine mail:

(a) Up to and including 15 pages of written materials, including correspondence, unless an inmate receives prior approval from the warden to receive correspondence of greater than 15 pages. Each page can be no larger than 8 1/2'' x 11'' in size; material can be on both sides of a page. No item can be glued, taped, stapled or otherwise affixed to a page. Requests to receive correspondence of greater than 15 pages shall be made to the warden prior to receipt of the material using Form DC6-236, Inmate Request. Exceptions to the 15-page limitation requirement shall be granted by the warden only when extraordinary circumstances are shown. Examples of extraordinary circumstances include imminent death of a friend or family member in which regular correspondence is not possible and when the health and/or safety of an inmate is involved. The warden or his/her designee shall advise the sender and the mail room of his or her approval or disapproval of the request within 15 days of receipt of the request.

(b) Written correspondence that is written in English, Spanish, or Creole. Inmates who cannot read and write in English, Spanish, or Creole may request approval from the warden to correspond and receive correspondence in the language that the inmate can read and write using Form DC6-236, Inmate Request. The warden shall approve such requests when there is Department staff who can translate the correspondence or when it is otherwise possible to obtain translation services to translate the correspondence at a de minimis cost to the Department. For purposes of this rule, a de minimis cost to the Department is a cost less than $1.00 (one dollar). Correspondence may be written on greeting cards, but greeting cards containing electronic or other non-paper parts, cards that are constructed in such a way as to permit concealment of contraband, or cards that are larger than 8'' x 10'' when unfolded will not be permitted. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(c) Written material on paper that is no larger than 8 1/2'' x 14''. Written material can be on both sides of a page. This does not include publications, which shall be handled pursuant to Rule 33-501.401, F.A.C. Individual articles or clippings from publications, the content of which is otherwise admissible, are permissible. No item can be glued, taped, stapled, or otherwise affixed to a page.

(d) Photographs that are no larger than 8” x 10” in size. Nude photographs or photographs that reveal genitalia, buttocks, or the female breast will not be permitted. Polaroid photographs and commercial photographs will not be permitted. Commercial photographs are those produced in bulk that are not actual photographs but are computer or printer copies usually produced for sale or purchase.

(5) Except for items that are illegal, if an impermissible item is received by the Department or a Department contractor, the entire correspondence will be returned to the sender pursuant to subsection (9) of this rule. For example, the following items may not be included with or attached to incoming routine mail:

(a) non-paper items;

(b) items of a non-communicative nature such as lottery tickets or matchbooks;

(c) stickers or stamps (other than postage stamps affixed to the outside of the mailing envelope, postal service attachments, and address labels affixed to the outside of the mailing envelope);

(d) address labels (other than those affixed to the outside of the mailing envelope);

(e) laminated cards or other laminated materials; or

(f) unused or blank greeting cards.

(6) Electronic processing of routine mail reduces the introduction of contraband through the routine mail process. Any incoming routine mail received by the Department or a Department contractor for electronic mail processing shall be opened and examined and is subject to being read by designated Department employees and by the Department contractor. If the warden has approved an inmate to receive correspondence written in a language other than English, Spanish, or Creole, the correspondence may be translated to confirm that it complies with all applicable Department rules. If the correspondence cannot be translated by a Department employee where an inmate is housed or by the Department contractor, the correspondence will be processed, and a copy will be sent to another institution or the central office for translation, in which case the deadline for the amount of time to process mail does not begin until after an item has been translated. Incoming routine mail that is properly addressed and otherwise in compliance with applicable Department rules shall not be held for processing for more than 72 hours after receipt by the Department or a Department contractor, excluding weekends and holidays. Except for inmates in certain housing assignments identified in subsection (7) below, mail processed electronically will be available to inmates through kiosk and tablet services pursuant to Rule 33-602.900, F.A.C. All original incoming routine mail that is received for electronic mail processing shall be retained for 90 days by the Department contractor from the date of receipt, after which it will be shredded. The sender of incoming routine mail that is to be or that is processed electronically may request that the original correspondence and contents be returned by sending a written request with a self-addressed stamped envelope to the Department contractor any time prior to the expiration of the 90-day retention period. Following an inmate’s release, digitized files of an inmate’s routine mail are available from the contractor on a data storage device, upon a written request to the contractor. A written request from a former inmate must be received by the contractor within 30 days of a former inmate’s release, and the contractor has 30 days from receipt of a written request in which to comply with the request. The contractor’s contact information can be found on the Department’s public website at http://www.dc.state.fl.us/.

(7) Inmates, that as a result of their housing designation or status are not permitted to access kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C., will have their scanned mail printed and delivered at no cost to the inmate.

(8) Outgoing or incoming mail shall be disapproved for mailing by or delivery to the inmate if any part of it:

(a) depicts or describes procedures for the construction of or use of weapons, ammunitions, bombs, chemical agents, or incendiary devices;

(b) depicts, encourages, or describes methods of escape from any correctional institution or facility, contains blueprints, drawings, or similar depictions of any Department institution or facility, or includes road maps that can facilitate escape from any Department institution or facility;

(c) depicts or describes procedures for the brewing of alcoholic beverages or the manufacture of drugs or other intoxicants;

(d) is written in code or is otherwise written in a manner that is not reasonably subject to interpretation as to meaning or intent by Department staff or the Department contactor;

(e) depicts, describes, or encourages activities that may lead to the use of physical violence or group disruption;

(f) encourages or instructs in the commission of criminal activity;

(g) is dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution, or violation of Department or institution rules;

(h) threatens physical harm, blackmail, or extortion;

(i) pictorially depicts sexual conduct as defined by Section 847.001, F.S., as follows:

1. actual or simulated sexual intercourse;

2. sexual bestiality;

3. masturbation;

4. sadomasochistic abuse;

5. actual contact with a person’s unclothed genitals, pubic area, buttocks, or, if such person is a female, breast;

6. any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed;

(j) presents nudity in such a way as to create the appearance that sexual conduct is imminent (i.e., the display of contact or intended contact with genitals, pubic area, buttocks, or female breasts orally, digitally, or by a foreign object, or the display of sexual organs in an aroused state);

(k) contains photographs that depict nudity;

(l) contains criminal history, offender registration, or other personal information about another inmate or offender which, in the hands of an inmate, presents a threat to the security, order, or rehabilitative objectives of the correctional system or to the safety of any person;

(m) contains an advertisement promoting any of the following where the advertisement is the focus of, rather than incidental to, the publication, or the advertising is prominent or prevalent throughout the publication:

1. three-way calling services;

2. pen-pal services;

3. the purchase of products or services with postage stamps; or

4. conducting a business or profession while incarcerated.

(n) is not in compliance with the incoming mail regulations set forth in subsections (4) and (5) of this rule;

(o) contains or appears to contain unknown or unidentifiable substances; or

(p) otherwise presents a threat to the security, order, or rehabilitative objectives of the correctional system or to the safety of any person.

(9)(a) When an inmate is prohibited from receiving incoming routine mail, the inmate and the sender will be given notice in writing on Form DC2-521, Unauthorized Mail Return Receipt, that the correspondence has been disapproved for delivery and stating at least one of the authorized reasons for disapproval. One copy of Form DC2-521 will be given to the inmate and one copy will be placed in the original envelope with the correspondence and returned to the sender. However, if incoming correspondence is rejected by the Department or a Department contractor because it does not comply with the requirements of subsections (16) or (21) of this rule, Form DC2-521 will not be prepared. Instead, Department staff or the Department contractor shall write or stamp the reason for rejection on the correspondence and it shall be returned unopened to the sender by the U.S. Postal Service. Form DC2-521 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, https://www.flrules.org/Gateway/reference.asp?No=Ref-06806. The effective date of this form is 05/16.

(b) If the incoming routine mail is disapproved for one of the reasons listed in subsections (10), (11), or (12), paragraphs (8)(a) through (l) or (o), or subsection (14) or (15) of this rule, Department staff or the Department contractor shall make a copy of the correspondence before returning the original to the sender along with Form DC2-521, Unauthorized Mail Return Receipt. If the Department or the Department contractor receives identical correspondence from the same individual or entity that is addressed to more than 10 different inmates and the correspondence is disapproved for one of the reasons stated above, Department staff or the Department contractor shall make only one copy of the correspondence before returning the originals to the sender along with one Form DC2-521. The originals may be returned together in a single package.

(c) The copies of returned correspondence shall be retained by the Department or the Department contractor for 30 days, not including any time that a grievance appeal is pending, provided the inmate has initiated the process by filing a formal grievance within 15 days of notice of the delivery disapproval. The inmate is not required to file an informal grievance regarding the delivery disapproval.

(d) If unauthorized items are discovered in incoming routine mail (other than items of an illegal nature), the unauthorized item and the correspondence will be returned to the sender along with Form DC2-521, Unauthorized Mail Return Receipt.

(10) Correspondence between inmates at different institutions or facilities is subject to the prior approval of the warden of each institution or facility. Either warden shall withhold approval if he or she finds that the intended correspondence would present a substantial threat of interference with the security, order, or rehabilitative objectives of his or her institution or facility.

(11) Correspondence with individuals under civil commitment as sexually violent predators is subject to the prior approval of the warden. The warden shall withhold approval if he or she finds that the intended correspondence would present a substantial threat of interference with the security, order, or rehabilitative objectives of his or her institution.

(12) Inmates shall not use correspondence privileges to solicit or otherwise commercially advertise for money, goods, or services. For the purposes of this rule, this includes the placing of ads soliciting pen-pals. Inmates who post ads or have ads posted with the assistance of another person shall be subject to disciplinary action. If an inmate alleges that an ad was posted by another person without his or her permission or that the ad was placed before the restriction on soliciting pen-pals became effective, it is the responsibility of the inmate to request that the ad be removed by submitting a written request to the owner, operator, or administrator of the forum in which the ad is located if it is reasonably possible for the Department to identify the physical address of such entity. No inmate shall be subject to discipline if the ad is not removed subsequent to submission of the written request. If it is not reasonably possible for the Department to identify the physical address of the owner, operator, or administrator of the forum in which the ad is located, the inmate must submit Form DC6-236, Inmate Request, to the warden indicating that the ad was placed without the inmate’s knowledge or consent or that it was placed prior to the restriction on solicitation of pen-pals. In such case, the inmate shall be subject to disciplinary action only if it is discovered that the inmate posted the ad or requested that the ad be posted and, when applicable, that the ad was posted subsequent to the restriction on solicitation of pen-pals.

(13) Inmates may not send mail to any person who has advised the warden that he or she does not wish to receive mail from the inmate. The parents or legal guardians of a person under the age of 18 may advise that mail is not to be sent to such person. Upon receipt of such advisement, the warden will cause to be prepared an acknowledgment specifying that the inmate will not be permitted to send mail to the person requesting the correspondence restriction and that such person should return any further mail received from the inmate and notify the warden of the attempt to correspond. After the inmate is notified of the correspondence restriction, any further attempt to correspond will be considered a violation of this rule and of section 9-14 of the Rules of Prohibited Conduct set forth in Rule 33-601.314, F.A.C., and will subject the inmate to disciplinary action. This restriction does not apply to civil pleadings or other legal documents pertaining to a civil case in which both the inmate and the receiver are parties, and no inmate shall be subject to disciplinary action for mailing such items.

(14) Inmates shall not establish or conduct a business through the mail while incarcerated.

(15) Inmates are prohibited from entering contests or sweepstakes through the mail while incarcerated.

(16) Incoming and outgoing routine mail shall be delivered to and picked up from the institution or facility by the U.S. Postal Service only. Incoming routine mail that is to be processed electronically shall be sent via the U.S. Postal Service to a centralized address designated by the Department that is posted on the Department’s public website. All such mail will be picked up for electronic mail processing by the Department contractor. All legal mail as defined in Rule 33-210.102, F.A.C., or privileged mail as defined in Rule 33-210.103, F.A.C., received at the centralized address designated by the Department shall be returned to the U.S. Postal Service for disposition.

(a) The address on all incoming routine mail must contain the inmate’s committed name, identification number, and institutional address or centralized address designated by the Department. The inmate’s dorm and bunk locations are not required. All incoming routine mail shall contain the return address of the sender, which is subject to verification. All incoming routine mail shall be rejected if the recipient or sender cannot be verified.

(b) The return address of all outgoing routine mail shall contain the inmate’s committed name, identification number, and institutional name, and institutional address. The inmate’s dorm and bunk locations are not required. No prefix other than inmate, Mr., Ms., Miss, or Mrs., nor any suffix other than Jr., Sr., or Roman numeral such as II or III may be included as part of the committed name in the return address. The institutional name in the return address must be spelled out completely with no abbreviations. All outgoing routine mail will be stamped “mailed from a state correctional institution” by mail room staff.

(c) Third party mailing services.

1. An inmate shall not utilize any third-party mailing services or engage in any activities that would enable the inmate to engage in correspondence without revealing his or her status as an inmate. Examples of prohibited activities include the following:

a. placement of ads in magazines, newspapers, or other publications;

b. posting of ads or other information on Internet sites;

c. use of any mailing service that allows the inmate to utilize a non-institutional address and engage in correspondence without revealing his or her status as an inmate; or

d. any activity or service that does not reveal to potential correspondents the inmate’s status as an inmate.

e. Any inmate who is discovered to be participating in any of the above-prohibited activities shall be subject to disciplinary action in accordance with Rules 33-601.301-.314, F.A.C.

2. A person sending correspondence to an inmate shall not utilize any third-party mailing services or engage in any activities that would enable the sender to engage in correspondence without revealing his or her identity or return address.

(17) When an inmate is transferred or released, incoming routine mail addressed to the inmate shall be treated as follows:

(a) For 30 days after a transfer or release, all first-class and second-class periodicals will be returned to the U.S. Postal Service within 10 working days of receipt with a forwarding address, if available, and a request to postal authorities to forward the periodicals to the inmate. All postage due is the responsibility of the inmate and must be paid in accordance with postage regulations. At the end of the 30-day period, all first-class and second-class routine periodicals will be returned to the U.S. Postal Service with no attempt to have mail forwarded.

(b) From the date of transfer or release, all incoming routine mail other than first-class and second-class periodicals will be returned to the U.S. Postal Service for disposition.

(18) No postage or writing materials shall be provided to inmates for routine mail except as provided in this subsection. Postage and writing materials shall be provided to any inmate with insufficient funds to allow the inmate to mail one first class letter weighing one ounce or less each month, which must be used for mailing one first class letter weighing one ounce or less each month. Local procedures may be established to require the inmate to request the free postage and writing materials or to establish a specific day of the month for the free letters to be processed.

(19) Inmates shall not utilize hand-made packages or envelopes to send out routine mail. Mail enclosed in such materials will be returned to the inmate without processing.

(20) Outgoing packages and envelopes will not bear any artwork, additional lettering, or designs other than the required mailing address and return address.

(21) No packaging other than standard envelopes shall be given to inmates. Incoming mail that includes the following types of packaging shall be rejected and returned to the sender unopened: envelopes that have metal parts, boxes, padded envelopes, plastic bags, card stock type envelopes (e.g., U.S. Mail Priority or U.S. Mail Express cardboard envelopes), multi-layer packaging, bubble wrap, packing peanuts, and similar packaging.

(22) Inmates shall not use postage stamps as currency to pay for products or services. Postage stamps placed in outgoing mail for this purpose will be deemed contraband. Incoming mail that solicits inmates to purchase products or services and allows payment with postage stamps will be rejected.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 10-8-76, Amended 10-11-77, 4-19-79, 11-19-81, 3-12-84, 10-15-84, Formerly 33-3.04, Amended 7-8-86, 9-4-88, 3-9-89, 9-1-93, 9-30-96, 5-25-97, 6-1-97, 10-7-97, 5-10-98, Formerly 33-3.004, Amended 12-20-99, Formerly 33-602.401, Amended 12-4-02, 8-5-03, 10-27-03, 9-20-04, 3-23-08, 7-2-09, 5-9-10, 12-5-12, 4-1-13, 7-8-14, 5-25-16, 11-29-21.

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.

(c) Public defenders.

(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.

(c) Incoming Legal Mail from an Attorney.

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.

(c) Inmates are responsible for informing their legal correspondents of the regulations concerning incoming legal mail.

(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.

33-210.103 Privileged Mail.

(1) “Privileged mail” is a category that includes mail to and from public officials, governmental agencies and the news media. This includes mail to and from the Florida Bar.

(2) Privileged mail shall be delivered to the institution or facility by the U.S. Postal Service only.

(3) Inmates shall be allowed to receive only written correspondence and self-addressed stamped envelopes in privileged mail.

(a) The following items are not permissible for inclusion in privileged mail, but are permissible for routine mail along with other materials listed in subsection 33-210.101(4), F.A.C.:

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

2. Articles or clippings;

3. Photographs;

4. U.S. postage stamps, the value of which cannot exceed the equivalent of 20 (1 oz.) first class stamps;

(b) The following items which are prohibited for receipt in routine mail are not permissible for inclusion in or attachment to privileged mail:

1. Non-paper items;

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

3. Stickers or stamps (other than postage stamps, postal service attachments, and address labels affixed to outside of envelope);

4. Address labels (other than those affixed to the outside of the envelope);

5. Laminated cards or other laminated materials.

(c) Inmates shall be responsible for informing all correspondents of the regulations concerning privileged mail.

(4) When an inmate is prohibited from receiving any item of mail, the inmate and the sender will be notified in writing that the mail has been disapproved stating one of the authorized reasons for disapproval. The Unauthorized Mail Return Receipt, Form DC2-521, will be placed in the original envelope with the correspondence and returned to the sender. If unauthorized items are discovered in the mail (other than items of an illegal nature), the unauthorized item and the correspondence will be returned to the sender with the Unauthorized Mail Return Receipt included. Form DC2-521 is incorporated by reference in Rule 33-210.101, F.A.C.

(5) Processing of Privileged Mail.

(a) All incoming privileged mail shall be opened in the presence of the inmate to determine that the correspondence is privileged mail and that it contains no unauthorized items. Incoming mail from the news media that is correspondence as opposed to a publication shall clearly indicate on the outside of the envelope the nature of the mail in order to put staff on notice that it should be handled pursuant to this rule rather than Rule 33-504.101, F.A.C. (“Admissible Reading Material”), such as by marking it as “privileged,” “correspondence,” or “not a publication.” Only the signature and letterhead of privileged mail may be read. If the incoming mail is not privileged mail, it will be returned to the sender along with a form letter which states that the correspondence is being returned in accordance with subsection (5) of this rule because it was being transmitted under the guise of privileged mail. The inmate to whom the mail was addressed shall receive a copy of the form letter.

(b) Inmates shall present all outgoing privileged mail unsealed to the mail collection representative to determine, in the presence of the inmate, that the correspondence is privileged mail and that it contains no unauthorized items. Only the address may be read to determine whether it is properly addressed to a person or agency listed in subsection (1) of this rule. If the outgoing mail contains unauthorized items or is not privileged mail, the inmate shall be subject to disciplinary action.

(c) Incoming and outgoing privileged mail that is properly addressed and otherwise in compliance with applicable rules shall not be held for processing for more than 48 hours, excluding weekends and holidays.

(6) The address on all incoming privileged mail should contain the inmate’s committed name, identification number, institutional name and address. The inmate’s dorm and bunk locations are not required. However, if the addressee can be identified, the mail shall be delivered without delay.

(7) The return address on all outgoing correspondence must contain the inmate’s committed name, identification number, and the institutional 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 name or identification number is missing, the letter shall be returned to the inmate for proper addressing. If the institutional name or address is incomplete, the institution is authorized to stamp all outgoing privileged mail with the complete institutional name and address and shall mail it without delay. All outgoing privileged mail will be stamped “mailed from a state correctional institution” by mail room staff.

(8)(a) Anytime privileged mail is received for an inmate who has been transferred within the department, the institution shall return the correspondence to the post office within 5 working days with the forwarding address of the facility where the inmate is presently incarcerated. If additional postage is required to forward the privileged mail, regardless of the class, to the transferred inmate’s new institutional assignment, the department shall pay the cost of this additional postage as long as the mail contained sufficient postage for delivery to its original destination.

(b) Upon receipt of privileged mail, if there is a question that it is privileged mail, the mail shall be opened in the presence of the inmate to confirm that it is privileged mail. If it is confirmed to be privileged mail, it shall be delivered to the inmate. If the mail is not privileged mail, it shall be returned to the sender along with a form letter which states that the correspondence is being returned in accordance with subsections (4) and (8) of this rule because it was being transmitted under the guise of privileged mail. The inmate to whom the mail was addressed shall receive a copy of the form letter.

(c) Anytime privileged mail is received for an inmate who has been released from the department, it shall be returned to the post office within 5 working days with a forwarding address, if available, and a request shall be made to postal authorities to forward the privileged mail to the former inmate. If there is no available forwarding address, all privileged mail shall be returned to the sender.

(d) No postage or writing materials shall be provided to inmates for privileged mail, however the postage and writing materials provided in subsection 33-210.101(18), F.A.C., may be used for this purpose.

(e) Inmates shall not utilize home-made envelopes or packages to send out privileged mail. Mail enclosed in such materials will be returned to the inmate without processing. Outgoing packages and envelopes will not bear any artwork, additional lettering or designs other than the required address and return address.

(9)(a) All incoming privileged mail received for an inmate shall be entered on the Incoming Legal And/Or Privileged Mail Log, Form DC2-522. The form shall 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 incorporated by reference in Rule 33-210.102, F.A.C.

(b) In the event that the inmate has been released or transferred, in addition to the procedures required by subsection 33-210.103(8), F.A.C., Form DC2-522 shall be completed as required in paragraph 33-210.103(9)(a), F.A.C., except that mailroom staff shall write “Transferred” or “Released” in the “Date Mail Received By Institution” section, and shall write the date that the mail was forwarded in the “Inmate Signature” section.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 9-1-93, Amended 5-25-97, 2-15-98, Formerly 33-3.0052, Amended 12-20-99, Formerly 33-602.403, Amended 5-5-02, 12-4-02, 9-20-04, 7-18-05, 2-13-12.

33-210.104 Institutional Mail.

(1) Only Department of Corrections mail or mail concerning the activities of the department will be processed by institutional staff. Institutional employees shall not receive personal mail at the institution. Personal mail includes any mail dealing with the personal affairs of the employee not directly related to department matters.

(2) The warden of each institution shall designate mail room staff or employees in each department to inspect staff mail introduced into the confines of the secure perimeter. All incoming mail addressed to staff will be opened and inspected to determine whether it contains contraband or is personal in nature.

(a) Mail marked “personal” or “confidential” will be opened by the designated staff in the presence of the receiving employee.

(b) Wardens are authorized to allow designated employees to read staff mail for investigative purposes when necessary to maintain the security and order of the institution. Such reading of staff mail will be to determine if any illegal activity is being conducted or any rule is being violated.

(3) Employees living in staff housing shall be allowed to receive personal mail at the staff housing address.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 12-7-98, Formerly 33-3.0054, 33-602.404, Amended 12-4-01, 9-6-04.

33-210.105 Community Corrections Mail.

(1) Only Department of Corrections mail or mail concerning the activities of the department will be processed by Community Corrections staff. Community Corrections employees shall not receive personal mail at the office. Personal mail includes any mail dealing with the personal affairs of the employee not directly related to department matters.

(2) The person in charge of each office or bureau shall designate employees to open and distribute mail received.

(3) Mail marked “personal” or “confidential” will be opened by the designated staff in the presence of the receiving employee.

(4) Staff are prohibited from using Department postage to mail personal mail.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 12-7-09.

33-210.201 ADA Provisions for Inmates.

(1) Policy. In accordance with the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et. seq., the Department of Corrections does not discriminate, on the basis of a disability, against any inmate with regard to its programs, services, or activities for which the inmate is otherwise qualified. Inmates shall be provided the opportunity to identify the nature of any disability and to request an accommodation or auxiliary aids. Additional information on the ADA is available from the ADA Coordinator or the Intake Officer of any department facility.

(2) Definitions.

(A) Auxiliary aids and services include:

1. Qualified interpreters on-site or through video remote interpreting services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

2. Qualified readers; taped texts; audio recordings; Braille materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs; large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals with visual impairments.

3. Acquisition or modification of equipment or devices; and

4. Other similar services and actions.

(b) Central Office ADA Coordinator – the central office employee assigned to coordinate the Department’s efforts to comply with and carry out its responsibilities under the provisions of Title I and Title II of the ADA and Section 504 of the 1973 Rehabilitation Act.

(c) Compelling Security Concern – exists where a reasonable accommodation, aid or device that has been provided or may be provided to an inmate with a disability; cannot be adequately searched for contraband; is contraband; has been altered; has been used as a weapon; can be weaponized; poses a significant likelihood of substantial harm to the inmate, another inmate or staff or can be used to facilitate an escape.

(d) Disability – refers to a physical or mental impairment that substantially limits one or more major life activities.

(e) Equally effective communication – communication with inmates with various disabilities that is equal to communication with inmates without any documented disabilities.

(f) Health care appliance – refers to devices or medical support equipment including, but not limited to, wheelchairs, canes, walkers, or hearing aids prescribed for an inmate and approved by the Office of Health Services or its designee.

(g) Major life activities – refers to activities such as caring for one’s self, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.

(h) Mental impairment – any mental or psychological disorder such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(i) Physical Impairment – refers to any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, cardiovascular, respiratory, special sense organs, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.

(j) Qualified inmate with a disability – refers to an inmate with a disability who, with or without reasonable modifications to rules, policies, or practices, the removal or architectural, communication, or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements of the Department for the Department program(s), service(s), or activity/activities at issue.

(k) Reasonable modification – refers to any reasonable modification that will allow a qualified inmate with a disability to participate in or make use of the programs, services or activities of a Department institution or facility.

(l) Regional ADA Coordinator – refers to the designee assigned to respond to reasonable modification or accommodation requests and coordinate the Department’s efforts to comply with and carry out its responsibilties under the provisions of Title I and Title II of the ADA and Section 504 of the 1973 Rehabilitation Act at the direction of the Central Office ADA Coordinator.

(m) Undue hardship – refers to an action that is excessively costly, extensive, substantial, or disruptive to the business being conducted at a facility or that would fundamentally alter the nature or operation of the facility.

(3) Accommodation Request Procedure.

(a) The determination of whether an inmate has a disability shall be made by Department medical staff, either at reception or at the institution where the inmate is assigned, based upon the inmate’s record of an existing physical or mental impairment or clinical evaluation of the inmate. In determining if a person’s physical or mental impairment substantially limits a major life activity, the following factors shall be considered:

1. The nature and severity of the impairment;

2. The length of time the impairment is expected to last; and

3. The expected, permanent, or long-term impact of the impairment.

(b) All Department and privately operated facilities shall furnish to any inmate, upon request, a Reasonable Modification or Accommodation Request for Inmates, Form DC2-530A. Form DC2-530A is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14008. The effective date of this form is 02/22.

(c) Inmates who are requesting an accommodation or modification shall submit a request in writing on the Reasonable Modification or Accommodation Request for Inmates, Form DC2-530A, specifying the type of accommodation requested and the purpose for the accommodation or modification.

1. Form DC2-530A shall be submitted to the Regional ADA Coordinator.

2. Inmates who cannot put their requests in writing shall make their verbal requests to classification, security, medical, or to the Regional ADA Coordinator who shall document the request in writing on Form DC2-530A. The staff member will sign the acknowledgement section to document the inmate’s verbal request for the accommodation.

(d) Upon receipt of Form DC2-530A, the Regional ADA Coordinator shall review the inmate’s accommodation request. The Regional ADA Coordinator shall, as necessary, utilize Form DC2-530B to request additional information from the appropriate program head to verify the inmate’s disability or to otherwise assist with the review of the request. Form DC2-530B, Reasonable Modification or Accommodation Request Evaluation/Disposition, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14009. The effective date of this form is 02/22.

(e) The Regional ADA Coordinator shall return the completed Form DC2-530A to the inmate within 20 business days of receipt. If the complexity of the issue requires an extension of time beyond 20 business days, the inmate shall be notified in writing of such action and the reason for the extension documented on Form DC2-530A. The completed Form DC2-530A shall reflect the Regional ADA Coordinator’s recommendation to approve, deny, modify, or return without action. If the request is deemed not to be an ADA issue, Form DC2-530A will be returned to the inmate without action and shall include the reason(s) for the recommendation. The completed Form DC2-530A shall also reflect the anticipated completion date, if necessary, of the accommodation.

(f) The Regional ADA Coordinator shall forward both the completed Form DC2-530A and the completed Form DC2-530B, and any supporting documents, to the Central Office ADA Coordinator within 10 business days of completion of Forms DC2-530A and DC2-530B.

(g) The Central Office ADA Coordinator shall review the request received and notify the Regional ADA Coordinator in writing of whether s/he concurs or disagrees with the Regional ADA Coordinator’s recommendation.

1. The Central Office ADA Coordinator may consult with program areas within the Department for input, when appropriate, before making a final decision.

2. If the Central Office ADA Coordinator’s decision is a reversal of the Regional ADA Coordinator’s decision, Forms DC2-530A and DC2-530B shall be returned to the Regional ADA Coordinator with written notification stating the reasons for this action.

(h) Upon receipt, the Regional ADA Coordinator will take steps to comply with the decision of the Central Office ADA Coordinator and provide written notification to the inmate of the actions to be taken. The Regional ADA Coordinator will provide the Central Office ADA Coordinator written notification when the action has been completed.

(i) Copies of the requests and all other documentation shall be placed in the inmate’s classification file.

(4) Justification for Denial of Requests for Accommodation. A request for a particular accommodation shall be denied for any of the following reasons:

(a) A legitimate penological interest:

1. A request for a particular accommodation shall be denied when it would pose a significant risk of substantial harm to the health or safety to the institution, staff, or others that cannot be eliminated or reduced by a reasonable modification, or when the request would adversely impact other penological interests, including deterring crime and maintaining inmate discipline.

2. Public safety and the health, safety, and security of all inmates and staff shall remain the overriding considerations in determining what constitutes a reasonable modification.

(b) The Department, taking into consideration all the available resources and giving consideration to the expressed preference, if any, of the inmate, need not take an action to provide accessibility to a service, program or activity if the action would impose or require:

1. An undue financial burden on the agency where, in a cost benefit analysis, its costs would be an unjustifiable expenditure of public funds.

2. An undue administrative burden on the agency; or

3. A fundamental alteration of the nature of the service, program, or activity.

(c) An institution cannot deny a request for accommodation as an undue burden without contacting the Central Office ADA Coordinator. The Central Office ADA Coordinator or designee shall consult with the appropriate central office program area in which a particular accommodation is requested and any necessary Department staff before making a determination that a requested accommodation would constitute an undue financial or administrative burden on the agency or a fundamental alteration to the nature of a service, program, or activity. The final decision that compliance with the requested accommodation would result in an undue financial or administrative burden or a fundamental alteration of the nature of a service, program, or activity shall be made by the Secretary or the Secretary’s designee after consideration of all resources available for use in the funding and operation of the service, program or activity. The final decision must be accompanied by a written statement of the reasons for reaching the conclusion. The decision and the statement will be retained by the Central Office ADA Coordinator.

(d) Compelling Security Concern. When the Central Office ADA Coordinator is notified or otherwise becomes aware of a compelling security concern relating to a reasonable modification, they will consult with the warden, the appropriate central office program area in which the particular modification is requested, and any other necessary Departmental staff prior to determining whether a requested modification poses a compelling security concern.

(e) Equally Effective Means. A request for a particular accommodation shall be denied if , after considering all available resources and the express preference, if any, by the inmate, an equally effective reasonable modification or access to a program, service, or activity can be afforded through a less burdensome or intrusive alternative method.

(f) A request that does not present a violation of Title II of the ADA does not qualify as an ADA issue and will be returned without action.

(5) Complaints and Accommodation Appeals. Inmates who have a complaint alleging a violation of the Americans with Disabilities Act or who want to appeal the denial of a request for accommodation shall follow the grievance procedures set forth in Chapter 33-103, F.A.C.

(6) Auxiliary Aids and Services. The Department will provide inmates with auxiliary aids and services whenever necessary to ensure equal access to programs, services, or activities offered by the Department. When an auxiliary aid or service is deemed necessary to provide an inmate with an equal opportunity to participate in a program, service or activity, it shall be provided at the expense of the Department.

(7) Possession of Health Care Appliances.

(a) Health care staff shall identify health care appliances as property of the inmate and appropriately document them as such in accordance with Rule 33-602.201, F.A.C.

(b) Any health care appliance a disabled inmate has properly obtained while in the Department’s custody shall not be removed unless:

1. there are legitimate and documented safety or security reasons for its removal; or

2. a physician or dentist determines that the appliance is no longer medically necessary or appropriate.

(8) Educational and work programs. Inmates with disabilities shall have the opportunity to participate in educational and work programs.

(a) Inmates shall be evaluated to participate in an educational or work program on a case-by-case basis.

(b) Eligibility to participate in any program is dependent on the inmate’s ability to perform the essential functions of the program with, or without, reasonable modification to rules, policies, or practices, and on meeting the Department’s requirements for the program.

(9) Visiting. Inmates with disabilities will be provided reasonable modifications for purposes of visitation.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 8-19-01, Amended 2-8-06, 11-22-06, 1-23-13, 9-30-13, 11-20-16, 1-30-19, 2-10-22, 11-22-23.

33-210.202 Facility Requirements for Correctional Institutions.

(1) Pursuant to section 553.865(4), Florida Statutes, each state correctional institution or private correctional facility must maintain, at a minimum:

(a) At least one restroom designated for exclusive use by females and at least one restroom designated for exclusive use by males, as defined in section 553.865(3), Florida Statutes; or

(b) At least one unisex restroom.

(2) Pursuant to section 553.865(5), Florida Statutes, each state correctional institution or private correctional facility that maintains a changing facility must maintain, at a minimum:

(a) At least one changing facility designated for exclusive use by females and at least one changing facility designated for exclusive use by males, as defined in section 553.865(3), Florida Statutes; or

(b) At least one unisex changing facility.

(3) Each state correctional institution or private correctional facility must certify compliance with sections 553.865(4) and (5), Florida Statutes, by completing Form DC2-5040 and submitting it to the Division of Facilities Management & Building Construction. Form DC2-5040 is hereby incorporated by reference. Copies of this form may be obtained from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-16303. The effective date of the form is 01/24.

(a) For institutions established prior to July 1, 2023, Form DC2-5040 must be submitted on or before April 1, 2024.

(b) For institutions established on or after July 1, 2023, Form DC2-5040 must be submitted within one year after the institution is established.

Rulemaking Authority 944.09, 553.865, F.S. Law implemented 553.865, F.S. History – New 1-16-24.