33-302.101 Offender Grievance Procedures.
(1) Offenders shall be informed of grievance procedures during orientation. Copies of grievance procedures shall be made available upon request. A copy of the grievance procedures shall be posted in the reception area of every probation and parole office. Offenders cannot file complaints regarding violation of supervision requirements as all parties are heard on violation issues at court or administrative hearings.
(2) The following procedures outline the steps to be taken by an offender under field supervision, including an offender in pretrial intervention who has a complaint concerning actions on supervision. Steps for filing complaints, except in those complaints addressed in subsection (5) below, are:
(a) The offender should first discuss any complaint with the correctional probation officer assigned to her or his case to determine if a resolution to the problem can be obtained. Additionally, the offender may discuss the complaint with the officer’s supervisor in order to reach a resolution.
(b) If the offender is dissatisfied with the outcome of the verbal discussion with the officer, and the officer’s supervisor if the offender chooses to discuss the complaint verbally with the supervisor, the offender may submit a written grievance outlining the problem to the officer’s immediate supervisor for further review. The supervisor shall respond, in writing, with a response that attempts to resolve the issue.
(c) In the event the issue is not resolved with the supervisor, the offender may forward her or his grievance, along with the supervisor’s response, to the circuit administrator for review. The circuit administrator shall respond to the offender in writing, with a response that attempts to resolve the issue.
(d) In the event the issue is not resolved with the circuit administrator, the offender may forward her or his grievance, along with the circuit administrator’s response to the regional director of community corrections for review. The regional director of community corrections shall provide a written response, which attempts to resolve the issue.
(e) In the event the issue is not resolved with the regional director of community corrections, the offender may forward her or his grievance, along with the regional director of community corrections’ response, to the assistant secretary of community corrections. The assistant secretary of community corrections shall respond to the grievance.
(3) All grievances shall be filed within 10 calendar days of the date the incident or action being petitioned occurred.
(4) Grievances outlining the problem shall be handwritten or typed on a plain sheet of paper and must identify the complainant and contain her or his signature.
(5) Offender complaints concerning the department’s compliance with the Health Insurance Portability and Accountability Act (HIPAA) shall be submitted as offender grievances. All grievances concerning Health Insurance Portability and Accountability Act (HIPAA) compliance shall be identified by the offender as a HIPAA grievance and shall be submitted by the offender directly to the assistant secretary of community corrections. HIPAA grievances shall comply with subsections (3) and (4) above. The assistant secretary of community corrections shall respond to the grievance within thirty days of receipt of the grievance.
(6) No action shall be taken in retaliation against an offender for the filing of a grievance.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS., 45 CFR Part 160, 164. History–New 5-28-86, Amended 10-1-89, 9-30-91, 2-15-98, Formerly 33-24.005, Amended 3-4-01, 7-30-01, 2-4-02, 5-12-02, 7-30-03, 9-29-04.
33-302.102 Employer Notification of Supervision Status.
Correctional probation officers shall notify the employer of each offender under his or her supervision of the offender’s supervision status within 30 days of the onset of supervision and within 30 days of an offender’s new employment situation. The officer shall advise the employer of the offense or offenses for which the offender is under department supervision.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 5-28-86, Formerly 33-24.010, Amended 3-4-01.
33-302.1031 Correctional Probation Officers – Appointment and Responsibility.
(1) Officers are appointed by the State of Florida under the authority of the Department of Corrections and are responsible for supervision and control of offenders, including the enforcement of conditions of supervision, conducting investigations and initiating arrest of offenders under their supervision as appropriate with or without warrant.
(2) Officers will notify the sentencing or releasing authority whenever the officer has reasonable grounds to believe that a willful violation of any condition of supervision has occurred.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 8-23-07, Amended 12-30-08, 11-7-24.
33-302.104 Correctional Probation Officers Carrying Firearms.
(1) Intent and Purpose. The purpose of this rule is to promote the personal safety of the certified correctional probation officer engaged in field supervision and investigation of assigned offenders. The authorization for officers to carry a firearm is for defensive purposes while on duty.
(2) Definitions.
(a) “Field supervision and investigation” refers to that professional activity performed by correctional probation officers, supervisors and administrators which involves a personal presence in the community during which personal contact is made or is attempted with offenders and citizens regarding official agency matters in accordance with their responsibilities pursuant to Section 943.10(3), F.S.
(b) “Correctional probation officer” refers to a person who is employed full time by the Department of Corrections whose primary responsibility is the supervised custody, surveillance, and control of assigned offenders and includes supervisory personnel whose duties include the supervision, training and guidance of correctional probation officers. This term does not include personnel above the level of regional director of community corrections.
(c) “Weapon card” refers to the document issued by the department pursuant to this rule to a correctional probation officer who has been authorized by the department to carry a firearm while on duty.
(d) Reviewing authority, for the purpose of this rule, refers to staff who are authorized to review and approve requests to carry firearms, issue weapon cards, maintain lists of staff under their supervision who have been authorized to carry a firearm, and permanently remove or temporarily suspend authorization for staff to carry a firearm.
(3) Authorization Procedures.
(a) Any correctional probation officer who elects to carry a firearm while on duty shall obtain authorization through the circuit administrator. Any circuit administrator or deputy regional director of community corrections who elects to carry a firearm while on duty shall obtain authorization from the regional director of community corrections. A regional director of community corrections who elects to carry a firearm while on duty shall obtain authorization from the Assistant Secretary of Community Corrections. A Deputy Assistant Secretary of Community Corrections who elects to carry a firearm while on duty shall obtain authorization from the Assistant Secretary of Community Corrections. The written request shall contain documentation that the individual has complied with the required training and qualification requirements of the Criminal Justice Standards and Training Commission and the Department.
(b) Correctional probation officers shall not be allowed to carry a firearm on duty until firearms qualification is successfully completed and a weapon card has been issued. Initial qualification, annual qualification and training shall be completed using the specific weapon that the officer will be using on duty and any type of ammunition approved by the local training center. Documentation of the model, make, and serial number of the weapon used, proof of ownership, and firearm inspection by a certified gunsmith or law enforcement armorer shall be submitted along with the documentation of training and qualification in the request for authority to carry the firearm. Correctional probation officers shall not be authorized to carry more than one firearm at a time. This approved single weapon shall be the only weapon authorized to be carried by the correctional probation officer until the annual qualification or transition training has been completed with a different weapon.
(c) If an officer temporarily or permanently replaces the firearm used for qualification, before carrying the weapon on duty the officer shall notify the department of the replacement and provide the model, make and serial number of the replacement firearm and proof of ownership and inspection to the reviewing authority. If the officer chooses to replace a revolver with a semi-automatic firearm, the officer shall complete the department-approved semi-automatic firearm transition course. The officer shall qualify with the replacement weapon and provide proof of ownership and inspection to the reviewing authority.
(d) Prior to approving a request to carry a firearm, the reviewing authority shall review the request, the documentation of training and qualification, and shall complete a Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) check on the firearm by serial number, and an FCIC/NCIC check on the applicant. Upon approval, the reviewing authority shall issue a weapon card which establishes that the officer has been authorized to carry a specific firearm while on duty.
(e) The weapon card shall expire on the last day of the month, one year from the date of issue. The officer shall be required to successfully qualify annually thereafter in order to remain qualified to carry a firearm.
(f) If the weapon card has expired and the officer has not attended annual training, the officer will need to reapply to carry a firearm and demonstrate proficiency by successfully qualifying with the specified firearm.
(g) The reviewing authority shall immediately suspend authorization to carry a firearm, except for firearm training purposes, and shall secure the weapon card from any officer who has failed to qualify as of the card expiration month. Suspension of the weapon card removes the officer’s authority to carry a firearm while on duty. A correctional probation officer who attempts to qualify and fails shall be provided the opportunity to participate in remedial firearm training at a time approved by the reviewing authority.
(h) The officer shall immediately notify his or her immediate supervisor in the case of theft or loss of the authorized firearm. The officer shall notify local law enforcement agencies and the Florida Department of Law Enforcement in writing of the theft or loss and provide a copy to the supervisor to ensure the notification has been made as required. A Community Corrections Incident Report, Form DC3-225, shall be prepared by the officer any time a loss or theft occurs and shall be submitted to his or her immediate supervisor within 24 hours. Form DC3-225 is incorporated by reference in Rule 33-302.105, F.A.C.
(4) Carrying a Firearm While on Duty.
(a) Officers who elect to carry a firearm and who receive Department authorization to carry a firearm, are authorized to carry the firearm, in accordance with Department standards, only while on duty. The firearm shall be carried in a holster about the waist. Only the authorized firearm may be carried.
(b) Officers who are authorized to carry a firearm while on duty shall observe all laws, regulations, or other directives as may be applicable for locations which officers are professionally obligated to enter. When carrying the firearm inside the probation office, the firearm must, at all times, be concealed on the officer’s person or secured in the office lock-box immediately upon entering the probation office.
(c) Each probation office shall have a designated space containing a secure locker for storage of firearms. Firearms shall be removed from the locker at the conclusion of the duty day. No firearm shall be left in the probation office overnight.
(d) Any officer authorized to carry a firearm while on duty shall carry a Department of Corrections identification card and weapon card while carrying the firearm on duty. If the officer is carrying a firearm on duty, he or she shall display the Department of Corrections issued badge in plain view.
(5) Carrying a Firearm While Off Duty. Nothing in this rule authorizes officers to carry firearms while off duty. The carrying of a firearm off duty by a correctional probation officer is governed by Section 790.06, F.S.
(6) Firearm Type, Holsters, and Ammunition.
(a) Correctional probation officers are authorized to carry only department approved firearms, holsters, ammunition and reloading devices.
(b) Each correctional probation officer who completes initial or annual qualification shall be issued one box of duty ammunition to be used in his or her weapon of choice while on duty. This ammunition will be utilized by the officer in the following year’s qualification. A correctional probation officer who elects to no longer carry a weapon, changes the type of weapon, or is no longer employed by the department shall immediately return department issued ammunition.
(c) Correctional probation officers are authorized to carry no more than two department approved reloading devices while carrying a firearm. Only that ammunition stored in a firearm or reloading device may be brought into an office.
(7) Use of Firearm. For the purposes of this rule, “use of a firearm” means to discharge a firearm or to have a firearm readily accessible for immediate discharge, i.e., loaded and in a person’s hand.
(a) In accordance with firearms training, the firearm is to remain in a holster at all times except:
1. If the officer believes that use of the firearm is necessary to prevent imminent death or great bodily harm;
2. For training purposes, or to secure the firearm prior to entering a location when removal of the firearm is required;
3. When assistance is requested by law enforcement;
4. For cleaning and inspection.
(b) If the firearm is drawn while the correctional probation officer is on duty, the officer shall clearly and loudly identify himself or herself as a state probation officer.
(c) Effective December 1, 2000, all officers authorized to carry firearms must be certified to carry chemical agents per Rule 33-302.105, F.A.C., and must carry chemical agents while carrying firearms. Effective August 13, 2003, all officers authorized to carry firearms must complete handcuff training requirements provided by the department and must carry department issued handcuffs on his or her person while carrying a firearm.
(d) Correctional probation officers are not authorized to discharge a firearm in any direction other than at the source of imminent death or great bodily harm except during authorized training.
(e) In accordance with firearms training, firearms shall not be discharged under any of the following circumstances:
1. When there is reason to believe that the life of an innocent citizen will be endangered by the discharge of the firearm;
2. At or from any moving vehicle;
3. As a warning under any circumstances;
4. Prior to visual identification of the assailant and an evaluation of the amount of force needed;
5. Without identification of the target and what lies beyond.
(8) Procedures Following Use of Firearm. Except during authorized training, when a correctional probation officer displays or discharges a firearm, the officer shall report the incident to his or her immediate supervisor and route all necessary paperwork as required by Rule 33-302.105, F.A.C.
(9) Removal of Authorization to Carry a Firearm. The reviewing authority shall suspend the authorization to carry a firearm for a correctional probation officer if:
(a) The correctional probation officer has exhibited behavior that indicates that the carrying of a firearm by this officer could present a threat to the security of other staff, offenders, or the general public, or the correctional probation officer notifies the department of physical or pharmacological conditions that could affect his or her ability to carry a firearm safely;
(b) The correctional probation officer has demonstrated an inability to properly care, maintain, handle or secure the firearm;
(c) The correctional probation officer is found to have been negligent by failure to comply with those standards and procedures provided in the training; or
(d) The correctional probation officer fails to complete annual qualification.
(10) Care and Maintenance of Firearm.
(a) It shall be the responsibility of the officer to keep the authorized firearm in good working order. Each officer shall bear the cost of any maintenance or repair to the firearm. Such maintenance or repair shall be in accordance with manufacturer’s instructions. The department shall have the authority to inspect the firearm at any time to see that it is in good working condition.
(b) Officers shall not work on or modify their approved firearms. Only gunsmiths certified by the manufacturer to repair that specific firearm or armorers employed by a Florida law enforcement agency shall be used to make repairs on authorized firearms.
(c) If an officer finds that his or her firearm needs repair, it shall not be carried on duty or used for any reason. The officer shall advise his or her immediate supervisor of its condition and shall make arrangements to have it repaired.
(d) Each officer shall ensure that the firearm is properly stored and secured when not being worn so that it is not accessible to unauthorized persons.
(e) Each officer shall be responsible for having the authorized firearm, including any temporary or replacement firearm, inspected annually by a certified gunsmith or law enforcement armorer to ensure that it performs properly and conforms with the manufacturer’s standards. The officer shall present certification of such inspection to the reviewing authority.
(11) Costs. Unless otherwise appropriated by the Legislature, or as specified in this rule, the cost of the firearm shall be borne by the employee.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 790.06 FS. History–New 5-28-86, Amended 7-7-92, 12-20-92, 3-30-94, 9-27-94, 12-19-94, 3-8-95, 2-15-98, Formerly 33-24.013, Amended 3-4-01, 12-4-01, 8-13-03, 6-24-04, 7-13-05, 3-27-08, 2-13-12, 5-7-14.
33-302.105 Probation and Parole – Use of Force.
(1) Physical force shall not be used on offenders under supervision in the performance of duty unless required:
(a) In self-defense or the protection of others; or
(b) To prevent damage to property owned or leased by the department;
(c) To quell a disturbance on property owned or leased by the department;
(d) To overcome physical resistance to application of handcuffs or authorized restraining devices;
(e) To prevent an offender from inflicting injury to herself or himself; or
(f) When assisting law enforcement personnel in the lawful performance of their duties.
(2) Physical force shall be employed only as a last resort when it reasonably appears that other alternatives are not feasible. When use of force is justified, only that amount and type of force that reasonably appears necessary to accomplish the authorized objective shall be used. Force shall not be used solely in response to verbal abuse that does not rise to the level of a physical altercation.
(3) Whenever force is used, the highest ranking official involved or the most senior highest ranking official shall inform the circuit administrator immediately. Whenever force is used, except as provided in paragraph (4)(e), a detailed written report of force used shall be prepared, dated and signed by the initial employee using force. This report shall be completed within one working day (Monday through Friday) of the incident.
(4) Use of Handcuffs.
(a) Officers are authorized to use handcuffs on offenders in the following situations:
1. When there is imminent danger to any individual or the public in general if the offender is not detained immediately;
2. Prior to conducting a search;
3. When law enforcement personnel request assistance in the performance of their duties; or
4. In any other situation that appears to warrant the use of handcuffs if approved by the supervisor prior to the use of handcuffs.
(b) Handcuffs shall be used only by persons authorized by the department and shall only be used for purposes as outlined in this rule. Officers shall receive handcuff training yearly.
(c) No employee will be permitted to use or access handcuffs until he or she has completed the handcuff training provided by the department. Staff who have completed the training are authorized to carry department issued handcuffs upon their person during working hours. Staff who are authorized to carry firearms must have department issued handcuffs on their person when carrying firearms in the field. Nothing in this rule authorizes staff to carry department issued handcuffs while off duty.
(d) In any case in which handcuffs are used with force applied, an accurate record shall be maintained by the circuit administrator as to the location and reason for use, and a factual description of the circumstances and the incident.
(e) When handcuffs are used without resistance, the officer applying the handcuffs shall document the use of handcuffs (without resistance) in the electronic case notes. If handcuffs are used without resistance during a search, the officer shall document the use of handcuffs (without resistance) on a record documenting the results of the search and document the use of handcuffs in the electronic case notes.
(5) Use of Chemical Agents.
(a) Officers shall use chemical agents in accordance with subsection (1) of this rule. Chemical agents shall be used only after all other reasonable efforts to avoid confrontation with a disorderly person or persons or animal posing an immediate threat of bodily harm to an officer have been exhausted. Chemical agents will never be used to punish an offender. Chemical agents will be used when this level of force is the least likely to cause injuries to all parties involved, and when a lesser level of force or persuasion is ineffective.
(b) Chemical agents shall be used only by persons trained by instructors certified by the Florida Department of Law Enforcement, and shall be used only for authorized purposes as outlined in this rule. Officers shall receive training within 6 months after hire and shall receive retraining yearly. Training shall include decontamination procedures.
(c) Chemical agents may be issued to correctional probation staff including clerical support staff who have received training pursuant to paragraph (5)(b). Staff who have received training may carry chemical agents upon their persons during working hours. Nothing in this rule authorizes staff to carry department issued chemical agents while off duty.
(d) Under no circumstances shall chemical agents be used on animals that are not posing an immediate threat to the officer.
(e) In any case in which chemical agents are used, except for training or testing purposes, an accurate record shall be maintained as to what type was used, how much was used, and the location and reason for use, and a factual description of the circumstances and the incident. The employee who used the chemical agent shall complete the report after the incident.
(6) Staff or Offender Injury Sustained During Use of Force Incident.
(a) Medical attention for any injury sustained by staff during an incident involving the use of force shall be sought through Workers’ Compensation, unless injuries warrant the summoning of emergency medical personnel.
(b) When force is used by department staff and the offender is taken into custody by another law enforcement agency, the correctional probation officer shall notify the law enforcement agency with custody of the offender that force was used and that Section 944.35, F.S., requires that a health care provider examine the offender to determine the extent of any injury after any use of force by department employees. The correctional probation officer shall request that such examination be provided by the agency taking custody of the offender. The correctional probation officer shall document details of this report and request in case notes, including any noticeable injury of the offender, the name of the law enforcement officer to whom the report and request were made and any witnesses to the report and request.
(c) When the offender has not been taken into custody after a use of force incident, the correctional probation officer shall advise the offender that he or she must be examined by a health care provider. When there is noticeable physical injury and the extent of the noticeable injury indicates that the offender needs emergency medical services, the correctional probation officer shall call emergency services for the offender as soon as the emergency has been resolved to an extent which allows the officer to leave the scene. Documentation of notification to the offender that a medical examination is required, any express refusal of medical care, and all contacts for medical services by the correctional probation officer shall be included in the written report.
(7) Report of Suspected Offender Abuse.
(a) Any employee who witnesses, or has reasonable cause to suspect, that an offender has been unlawfully abused will immediately prepare an independent report pursuant to Section 944.35(3)(d), F.S.
(b) The report or written communication shall be delivered to the Inspector General’s Office with a copy to the circuit administrator.
(c) If the Inspector General’s investigation finds that a violation of law occurred, the State Attorney within the circuit of that probation office shall be notified by the Office of the Inspector General.
(8) The following forms are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.
(a) DC3-210, Community Corrections Report of Force Used, effective 7-22-10.
(b) DC3-225, Community Corrections Incident Report, effective 7-22-10.
Rulemaking Authority 944.09 FS. Law Implemented 944.35 FS. History–New 5-28-86, Amended 8-6-90, 2-15-98, Formerly 33-24.017, Amended 10-2-01, 2-19-03, 8-13-03, 12-6-04, 7-22-10.
33-302.106 Intrastate Travel.
(1) No offender shall change his or her residence, or leave the county of residence, without first procuring the consent of the officer. In order for an offender’s request for permission to travel to be considered by the officer, the following conditions must exist:
(a) The offender is not prohibited by the order of supervision from traveling to the desired location.
(b) The offender is not wanted or facing prosecution for criminal charges or violation of the order of supervision.
(c) The offender presents a plan of travel that is verifiable by providing a specific location name, telephone number, and contact person by which the information is to be verified, in advance, by the officer.
(d) The offender has provided the officer with reasonable advance notice of his or her request to travel to allow the officer ample time to verify the travel plan and review any documentation prior to travel authorization.
(e) The travel does not interfere with condition compliance or treatment programming.
(f) Travel shall be denied for purely recreational purposes if the offender is not current with the court ordered or releasing authority imposed payment schedule or offender financial obligation agreement and the offender will expend monies in the course of travel.
(g) No extenuating circumstances exist which indicate that authorizing the offender to travel would constitute a lack of prudence. Such extenuating circumstances include those that would cause a reasonable person to believe that the offender may be likely to violate a condition of supervision if travel were authorized.
(2) An officer shall discuss the offender’s routine travel needs during the initial interview to determine whether the offender must travel daily, weekly, or monthly between counties due to the location of her or his residence and her or his employment site, school, medical needs, program, or other approved need. If the offender must travel across county lines to get to her or his employment site, school, program, doctor, or routine shopping, the officer will document this specific information and give the offender a blanket approval for this travel, provided the travel is verified and is not prohibited by the supervision orders. If the offender’s residence or purpose of travel out of county changes, the blanket approval will be suspended until the offender’s travel needs are revisited, reviewed, and approved. Any other travel out of county must be approved in advance.
(3) An Offender approved for travel shall be responsible for the following:
(a) Immediately notifying the officer if a change of plan occurs;
(b) Immediately notifying the officer of any unusual situations or any contact with law enforcement that occurred during the travel episode;
(c) Immediately calling or reporting upon return to the county of residence.
(4) The following conditions apply to offenders when travel is authorized:
(a) Deviations to the approved travel are not authorized;
(b) Travel is authorized only as indicated on the travel permit; and
(c) Failure to comply with instructions shall be a violation of supervision.
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-22-00, Amended 10-2-01, 4-15-03, 10-5-04.
33-302.109 Offender Orientation.
(1) Correctional probation officers shall meet with an offender within two working days of offender assignment or the onset of supervision to provide orientation to the offender as to the conditions of supervision and instructions regarding supervision. Orientation shall be in a language understood by the offender and accommodations shall be made in the event an offender has a documented disability or language barrier.
(2) Offenders shall be provided an opportunity to ask questions or request clarification of any or all of the conditions of his or her supervision.
(a) After acknowledging an understanding of the conditions of supervision, the offender shall sign and date the orders of supervision.
(b) The offender shall be provided with a copy of the orders of supervision.
(3) The correctional probation officer shall instruct on and review the information contained in the Notice of Privacy Practices, Form DC3-2006 or Form DC3-2006S (Spanish-language version). Form DC3-2006 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-06595. The effective date of this form is April, 2016. Form DC3-2006S 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-06596. The effective date of this form is April, 2016. The correctional probation officer and the offender shall sign and date Form DC3-2006 or Form DC3-2006S, certifying that the offender has received a copy of the privacy notice. The current telephone number of the department’s privacy officer will be inserted at this time. The original executed Form DC3-2006 or Form DC3-2006S shall be placed in the offender file and a copy shall be provided to the offender.
(4) Option for Prepayment of Cost of Supervision – Once an offender has satisified all other monetary obligations imposed by the court or Florida Commission on Offender Review, including restitution, court costs, public defender application fee, etc., the offender may receive a 25% reduction in cost of supervision by paying the entire remaining balance in one payment, including the 4% surcharge. This prepayment option must occur prior to the last 90 days of the supervision period.
(5) Driving Log for Sex Offenders ‒ If the court or releasing authority imposes a condition of supervision requiring maintenance of a driving log and a prohibition against driving a motor vehicle alone without the prior approval of the supervising officer, the officer shall:
(a) Instruct the sex offender to complete entries on the Sex Offender Probation Driving Log, Form DC3-244 or Form DC3-244S (Spanish-language version), for each travel occurrence when the sex offender is driving, either alone or when accompanied by someone. The sex offender shall choose either Form DC3-244 or Form DC3-244S and use that form to the exclusion of the other form for as long as the sex offender uses a driving log. Form DC3-244 is hereby incorporated by reference. A copy of this form may be obtained 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-06598. The effective date of this form is June, 2002. Form DC3-244S is hereby incorporated by reference. A copy of this form may be obtained 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-06597. The effective date of this form is July, 2002.
(b) The sex offender shall submit all completed Driving Logs, Form DC3-244 or Form DC3-244S, to the supervising officer at least once a month. The completed driving logs will be maintained in the offender file.
Rulemaking Authority 944.09, 948.09 FS. Law Implemented 20.315, 944.09, 945.31, 947.1405, 948.09, 948.30 FS. History–New 7-19-01, Amended 9-15-02, 7-30-03, 1-6-04, 1-11-05, 12-30-12, 4-7-16.
33-302.110 Reporting Requirements.
(1) The offender shall report as instructed by the officer. The officer’s instructions regarding reporting shall comply with any specific (or special) conditions imposed by the court. Factors that are considered when determining the frequency and manner of reporting shall include:
(a) Special conditions imposed by the court or Florida Commission on Offender Review;
(b) Type of supervision;
(c) Supervision status which generally refers to whether the offender is in active, active-suspense, out of state, or absconder status;
(d) Random urinalysis testing;
(e) Meetings to discuss non-compliance with conditions of supervision; and,
(f) Meetings to review schedules or documentation required.
(2) The reporting method will be determined by the officer in accordance with procedures, supervision type, supervision status and any court ordered conditions. There are two methods for reporting:
(a) To the assigned probation office. Offenders using this method of reporting must complete and submit Form DC3-2026, Supervision Report. Form DC3-2026 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-15456. The effective date for the form is 06/23; or
(b) Through remote reporting by submitting the required information telephonically or electronically to the Department or to a designated and approved Department vendor.
(3) When the offender reports, they must provide complete, truthful, and current information relating to their residence and occupants at that location; all contact phone numbers; vehicle information; employment and/or educational details; activities for the previous month including, but not limited to, status and progress made on special conditions to include monetary payments and treatment attendance; any contact with law enforcement; actions taken to address goals; and any issues or problems requiring discussion. Additionally, unemployed offenders may be instructed by the probation officer to report job search efforts, which must be documented and submitted by the offender on regular paper or via Form DC3-2004, Job Search Log. Form DC3-2004 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-02344. The effective date of the form is 5/4/2004. Offenders participating in support groups must submit documentation of their attendance, as instructed by their probation officer, on Form DC3-2005, Support Group Meeting Log. Form DC3-2005 is hereby incorporated by reference. Copies of this form may be obtained from the Form Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02345. The effective date of the form is 7/19/11. Certain sex offenders who are required to maintain driving logs must record each travel occurrence when the offender is driving, either alone or accompanied by a passenger (including the name[s] of the passenger if applicable), and submit this log to the probation officer on a monthly basis using Form DC3-244, Sex Offender Probation Driving Log. Form DC3-244 is incorporated by reference in Rule 33-302.108, F.A.C.
(4) Notwithstanding subsections (1) through (3), the offender must immediately report the following to the officer or supervisor:
(a) Planned changes in residence or notice of eviction from residence;
(b) Changes in employment status;
(c) Changes in student status;
(d) Any adverse contact with law enforcement; and,
(e) Any urgent problems, questions or concerns with supervision requirements or conditions.
(5) Offenders who are required by supervision order to make payments must do so through the contracted vendor. Payments may be submitted online; by telephone, walk-up, or kiosk; or by mailing money orders, cashier’s checks, or certified bank drafts only (no cash or personal checks). Money orders, cashier’s checks, and certified bank drafts must be made payable to the contracted vendor and will be deposited into the Court Ordered Payments Trust Fund. The offender or sender must legibly complete all fields on the vendor-supplied money order deposit form including the date and amount sent; the money order, cashier’s check, or certified bank draft number; the offender’s full name and DC number, and the offender or sender’s full name, mailing address, and telephone number. Money order deposit forms may be obtained from the contracted vendor; any probation office; or the Bureau of Finance and Accounting, Court Ordered Payments Section, Centerville Station, P.O. Box 12300, Tallahassee, Florida 32317-2300. The completed money order deposit form must be mailed to the vendor along with the money order, cashier’s check, or certified bank draft at the address provided on the form
Rulemaking Authority 944.09 FS. Law Implemented 944.09, 945.31, 948.03 FS. History–New 8-1-01, Amended 11-4-04, 3-24-13, 7-1-13, 2-10-14, 9-14-17, 6-29-23, 1-5-25.
33-302.111 Early Termination of Supervision.
(1) Before a correctional probation officer considers recommending an offender for early termination of supervision, the following criteria shall be met:
(a) Completion of one-half of the supervision period;
(b) Payment in full of restitution, fines, and court costs;
(c) Cost of supervision is current;
(d) All special conditions of supervision are fulfilled;
(e) A Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) records check reveals no new arrest during the course of supervision of which the sentencing or releasing authority has not been previously notified; and
(f) No violations of supervision are pending.
(2) In order for an officer to request an early termination of supervision from the sentencing or releasing authority, approval must be obtained from the officer’s supervisor, the State Attorney’s Office, and the victim, if the offense involved a victim. If the State Attorney’s office denies the request, or the victim opposes the early termination, the department will not proceed with the early termination recommendation. The officer shall not disclose a victim’s objection to the offender.
(3) The officer shall notify the offender of the judge’s decision upon receipt of the judge’s response. If the offender was adjudicated guilty, the officer shall review the restoration of civil rights process with the offender.
Rulemaking Authority 944.09 FS. Law Implemented 944.09, 948.04 FS. History–New 11-26-01, Amended 6-29-03, 12-2-04, 11-9-08.
33-302.115 Correctional Probation Officer Badges.
(1) Circuit administrators shall maintain control and inventory of correctional probation officer badges within each circuit.
(a) The circuit administrator shall issue badges to officers after certification is received.
(b) The circuit administrator or designee shall conduct annual circuit badge inventories and submit the circuit badge inventory to the regional director. The annual circuit badge inventory shall include the following information:
1. Badge number,
2. Name of officer, in the last-name-first-first-name-last format (or blank if not issued),
3. Circuit and office location,
4. Status (including issued, not issued, stolen, lost, or retired), and
5. Total counts for each status, including the total number of badges issued, the total number of badges not issued, the total number of badges stolen, the total number of badges lost, and the total number of badges retired.
(c) The regional director or designee shall compile the circuit inventories to complete annual regional badge inventories and submit the regional badge inventories to the Assistant Secretary of Community Corrections.
(2) Only badges issued by the department shall be used to conduct officially designated duties. The badge shall be silver colored metal for correctional probation officers and correctional probation senior officers and gold color for correctional probation specialists, correctional probation supervisors, correctional probation senior supervisors, correctional probation administrators, and fugitive apprehension coordination team correctional services consultants. Badges shall be pre-numbered with black lettering.
(3) Use of the issued badge as a credential for personal purpose is prohibited.
(4) Badges shall be visibly displayed on the correctional probation officer’s person or readily accessible in order for the correctional probation officer to properly identify himself or herself to the public. Additional provisions addressing display of badges worn by correctional probation officers are contained in Rule 33-302.104, F.A.C.
(5) Loss or theft of a badge shall be reported to the officer’s immediate supervisor within 72 hours of the officer becoming aware that the badge was stolen or lost. Theft or loss of a badge shall be reported by the officer on the Community Corrections Incident Report, Form DC3-225, followed by a MINS report by the circuit administrator. Form DC3-225 is incorporated by reference in Rule 33-302.104, F.A.C. The officer shall be responsible for reimbursing the department for any issued badge which is lost.
(6) Correctional probation officers shall maintain their original badge issued if transferred to another circuit or region. The circuit administrator or designee in both circuits shall update their badge inventories accordingly. Once the officer has transferred to another circuit, the sending circuit administrator or designee shall remove the badge information from the circuit’s inventory and the receiving circuit administrator or designee shall add the badge information to his or her circuit’s inventory.
(7) Correctional probation officers who leave the department shall return their badges to the circuit administrator prior to departing.
(8) Correctional probation officers promoted to a position outside the class series or who retire from the department under honorable conditions and who are eligible to retire under the State of Florida retirement system, including retirement under medical disability, who desire to retain their issued badges, shall make a request to the regional director.
(9) Regional directors shall review requests submitted by employees to maintain their badges and forward recommendations to the Assistant Secretary of Community Corrections for final approval. Officers who retire shall be allowed to retain their issued badges. Officers who are promoted shall be allowed to keep their badges upon reimbursement of the department of the cost of a replacement badge. The badge of a correctional probation officer who is killed in the line of duty shall be presented to the employee’s next of kin.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 9-20-04.
33-302.116 Community Control.
(1) Purpose. This rule sets forth guidelines for the utilization of a merit-based activity program for approved Community Control offenders.
(2) Definitions.
(a) Merit-Based Activity Program – The program that allows eligible supervised community control offenders to earn a privilege to attend pre-approved family and community activities for specified purposes and under certain conditions described herein.
(b) Supervising Officer – The correctional probation officer who is charged with the responsibility of the daily supervision and schedule approval of their assigned community control cases.
(c) Approving Authority – For purposes of this rule, the term “approving authority” refers to the office or unit supervisor in an office.
(d) Merit-Based Activity – Any family or community activity that is consistent with or advances the objectives of the merit-based activity program as set forth in this rule. Examples of qualified family or community events can include, but are not limited to, charitable functions, family reunions, graduation of family members, educational programs, or religious or faith-based functions.
(3) Policy Statement.
(a) Except as limited in this rule, the limits of community control for offenders participating in the merit-based activity program will be relaxed in area and in time to the degree necessary to allow the offender to travel to the pre-approved activity destination, accomplish the purpose for which the approval was authorized, and return to their residence. The limits will be specified in writing and the offender will be advised of the limits prior to the allowance of an activity.
(b) The department shall have the authority to remove an offender from the merit-based activity program when the department determines that removal is in the best interest of the security and safety of the public, the department, or the offender.
(c) The decision as to which offenders shall be allowed to participate in the merit-based activity program shall be based upon criteria set forth in subsection (5), of this rule.
(d) Offender participation in the merit-based activity program shall be voluntary.
(e) Offenders who participate in the merit-based activity program shall at all times be considered supervised on community control by the department.
(4) Requirements and General Considerations.
(a) Participation in the merit-based activity program is not a right, but a privilege that must be earned by the offender.
(b) Community control offenders within the supervision of the department shall be eligible for consideration for merit-based activity privileges.
(c) The objectives of the merit-based activity program is to contribute to the total rehabilitation of the offender by any of the following means:
1. Encouraging and motivating the offender to comply with his/her orders of supervision.
2. Encouraging the offender to accept responsibility for change.
3. Helping determine the offender’s readiness for possible sentence modification.
4. Motivating the offender towards self-improvement and exposing the offender to beneficial programs.
5. Strengthening or preserving family and community ties of the offender.
6. Rewarding and supporting positive behavior for offenders.
(d) General conditions applicable to participation in the merit-based activity program are as follows:
1. An offender who is participating in the program will still provide verification of all approved merit-based activities.
2. Offenders considered for merit-based activity participation shall be subject to drug testing as a condition of their participation or consideration for the activity.
(e) Upon request of the offender, eligible community control offenders will be considered for merit-based activity providing:
1. The objectives and goals specified in this rule will be met,
2. The purpose for the merit-based activity is legitimate and within a recognized reason for granting the activity, as specified in this rule,
3. The interests of the safety and security of the community and department will be served,
4. Any additional requirements or conditions imposed for the particular type of activity requested are met; and,
5. There is cause to believe that the offender will honor the trust bestowed upon him or her. All merit-based activities shall be verified by the approving authority for the legitimacy and authenticity of the activity requested.
(5) Merit-Based Activity eligibility.
(a) Merit-Based Activities will be considered for Community Control cases in which the offender:
1. Is not on supervision for a sex offense or a sexually motivated offense,
2. Has been on supervision for a minimum of ninety (90) days,
3. Is in compliance with all special conditions,
4. Is successfully participating in any treatment ordered by the sentencing or releasing authority,
5. Is without any violations of supervision including Technical Violation Notifications and Alternative Sanctions for at least ninety (90) days from the disposition date of the last violation,
6. Is gainfully employed, providing proof of weekly job searches, or has a source of income; and,
7. Has verified participation and completion of one or more of the following:
a. Department Re-Entry initiatives (T4C, Succeeding on Community Control, Life Skills),
b. Programs to improve employability skills,
c. Completion of high school diploma, GED, certificate programs, or college courses,
d. Other self-improvement programs as approved by the approving authority.
(b) Offenders must agree to any time or distance limitations placed on them and the imposition of special conditions as determined by the supervising officer. The offender will be advised of these conditions and must abide by these conditions.
(6) Merit-Based Activity Approval. The merit-based activity recommendation shall be forwarded to the appropriate approving authority who shall ensure that the criteria, requirements, and considerations outlined in this rule are met, and who shall issue a final determination.
(7) Removal from the Merit-Based Activity Program.
(a) Any violation of the conditions of the supervision shall be reported to the sentencing authority.
(b) The supervising officer is authorized to terminate the merit-based activity any time during the activity period for noncompliance with the conditions of the supervision.
(c) The supervising officer shall remove an offender from the merit-based activity program if:
1. The supervising officer receives any information concerning the offender that would adversely impact the safety and security of the community;
2. The offender engages in any conduct that causes the supervising officer to believe that the offender will not honor the trust bestowed upon him or her, or
3. The approving officer determines that it is not in the best interest of the safety and security of the community, the department or the offender to continue the offender in the merit-based activity program.
(d) If an offender is removed from the merit-based activity program, the reasons for such removal shall be documented in the offender’s file and case notes.
Rulemaking Authority 944.09 FS. Law Implemented 944.09, 948.10 FS. History–New 11-12-17.