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33-102.101 Public Information and Inspection of Records.

(1) Requests for information may be directed to the Office of the Secretary, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Requests for personal inspection and copying of any records that are open to the public may be directed to the same office or to any office of the Department where such records are kept.

(2) There will be a charge of $0.15 per page for standard legal or letter size copies, or if special equipment or paper is required, the Department facility or office shall charge the estimated actual cost of making the copies.

(3) In addition to the actual cost of materials and supplies, a special service charge will be assessed for providing information when the nature or volume of the records requested requires extensive clerical or supervisory assistance by departmental personnel. For the purpose of this rule, “extensive” means that it will take more than 15 minutes to locate, review for confidential information, copy and refile the requested material. The special service charge will be computed to the nearest quarter of an hour exceeding 15 minutes based on the current rate of pay for the paygrade of the person who performed the service and will be assessed regardless of the number of individual copies made.

(4) Payment of costs assessed in subsection (2) or (3) must be received before copies will be provided.

(5) When copies requested pursuant to this rule are available to be picked up or for mailing, the requestor shall be notified of the costs of reproduction as specified in subsections (2) and (3) on Form DC1-201, Invoice for Production of Records. Form DC1-201. Form DC1-201 shall also indicate if any information is redacted from the copies provided as required by state law. Form DC1-201, http://www.flrules.org/Gateway/reference.asp?No=Ref-11952, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of Form DC1-201 is 05/20.

Rulemaking Authority 944.09 FS. Law Implemented 119.07, 119.071 FS. History–New 10-8-76, Amended 2-24-81, Formerly 33-1.04, Amended 6-9-86, 2-9-88, Formerly 33-1.004, Amended 10-29-01, 12-5-05, 4-16-08, 12-25-08, 8-18-09, 2-26-12, 8-12-12, 5-24-20.

33-102.201 Rule Notices.

(1) Notices of the development, proposed adoption, proposed amendment, or proposed repeal of a Department rule will be provided to affected persons as required by Sections 120.54(2) and (3), F.S.

(2) Notice will be provided by:

(a) Publishing in the Florida Administrative Register all required Notices of Rule Development prior to the publication of any related Notice of Proposed Rule.

(b) Publishing in the Florida Administrative Register all Notices of Proposed Rule at least 28 days before the Department’s intended action.

(c) Publishing in the Florida Administrative Register all Notices of Change at least 21 days before the Department’s intended action.

(d) Posting all published Notices of Rule Development, Notices of Proposed Rule, and Notices of Change on the Department’s public website.

(e) Posting a memorandum within three business days of notice publication on all inmate bulletin boards at all state correctional institutions, private correctional facilities, annexes, work camps, road prisons, and work release centers informing inmates that published Notices of Rule Development, Notices of Proposed Rule, or Notices of Change are available for review in the institutional library or administrative office.

(f) Circulating a copy of published Notices of Rule Development, Notices of Proposed Rule, and Notices of Change within three business days of publication among the inmates housed in any confinement or management status that has restricted inmate movement that would prevent an inmate from accessing the institutional library or administrative office.

Rulemaking Authority 944.09 FS. Law Implemented 120.54 FS. History–New 10-8-76, Amended 5-2-85, Formerly 33-12.01, Amended 8-13-97, Formerly 33-12.001, Amended 7-17-08, 1-12-21.

33-102.202 Qualified Representatives.

Inmates shall not act as qualified representatives in administrative proceedings.

Rulemaking Authority 944.09 FS. Law Implemented 120.81, 944.09 FS. History–New 8-2-01.

33-103.001 Inmate Grievances – General Policy.

(1) The purpose of the grievance procedure is to provide an inmate with a channel for the administrative settlement of a grievance. In addition to providing the inmate with the opportunity of having a grievance heard and considered, this procedure will assist the Department by providing additional means for internal resolution of problems and improving lines of communication. This procedure will also provide a written record in the event of subsequent judicial or administrative review. The inmate grievance procedure was fully certified by the United States Department of Justice in March, 1992, pursuant to the requirements of Sections 944.09 and 944.331, F.S.

(2) Each inmate shall be entitled to invoke the grievance procedure regardless of any disciplinary, classification or other administrative action or legislative decision to which the inmate may be subject. Each institution shall ensure that the grievance mechanism is accessible to inmates who have disabilities. This may be accomplished by providing assistance through the institution library if requested.

(3) No purported inmate grievance presented that violates the provisions of subsection 33-602.203(7), F.A.C., including any purported grievance that presents a copyright or attempted copyright of an inmate’s name, absent prior written authorization from the warden, shall be treated or processed as a grievance. Any purported inmate grievance that violates the provisions of subsection 33-602.203(7), F.A.C., shall be treated as contraband, shall not be processed as a grievance or returned to the inmate, is not a grievance, and shall not constitute any step of the grievance process for purposes of exhaustion. When such a purported grievance is submitted and contains any allegation of physical abuse, excessive force, or sexual abuse, or any other allegation that, if true, would put the inmate’s physical well-being in jeopardy, the allegation(s) shall be reported to the Office of the Inspector General. Any purported grievance containing such an allegation shall, nonetheless, be treated as contraband, shall not be processed as a grievance or returned to the inmate, is not a grievance, and shall not constitute any step of the grievance process for the purposes of exhaustion.

(4) Inmates can file complaints regarding the following matters:

(a) The substance, interpretation, and application of rules and procedures of the Department that affect them personally;

(b) The interpretation and application of state and federal laws and regulations that affect them personally;

(c) Reprisals against inmates for filing a complaint or appeal under the inmate grievance procedure or for participating in an inmate grievance proceeding;

(d) Incidents occurring within the institution that affect them personally;

(e) Conditions of care or supervision within the authority of the Florida Department of Corrections, except as noted herein.

(5) Inmates cannot file complaints regarding the following matters:

(a) The substance of state and federal court decisions;

(b) The substance of state and federal laws and regulations;

(c) Parole decisions;

(d) Other matters beyond the control of the Department.

(6) If an inmate is requesting that the Department adopt, amend, or repeal a rule, the inmate must file a Petition to Initiate Rulemaking in addition to utilizing the grievance process in Chapter 33-103, F.A.C. The requirements for filing a Petition to Initiate Rulemaking can be found in s. 120.54(7), F.S.

(7) Staff in the Bureau of Policy Management and Inmate Appeals shall have unlimited access to information required to respond to inmate grievances and appeals. All Department employees must cooperate with staff in the inmate grievance office by providing accurate and timely information.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.001, Amended 10-11-00, 10-28-07, 5-27-12, 11-17-15, 5-28-24.

33-103.002 Inmate Grievances – Terminology and Definitions.

The following terms, as defined, shall be standard usage throughout the department:

(1) Amendment: Where used herein, refers to an addition or change to a previously filed grievance.

(2) Bureau of Policy Management and Inmate Appeals: The bureau authorized by the Secretary to receive, review, investigate, evaluate, and respond to grievance appeals and direct grievances as defined in subsection (7). The Bureau of Policy Management and Inmate Appeals is located in the Office of the General Counsel and is managed by the Chief of Policy Management and Inmate Appeals.

(3) Complainant: The inmate filing the grievance.

(4) Emergency Grievance: A grievance of those matters which, if disposed of according to the regular time frames, would subject the inmate to substantial risk of personal injury or cause other serious and irreparable harm to the inmate.

(5) Formal Grievance: A statement of complaint filed at the institutional or facility level with the warden, assistant warden, or deputy warden, through the use of Form DC1-303, Request for Administrative Remedy or Appeal. Formal grievances are addressed in Rule 33-103.006, F.A.C. The effective date of the form is 2-9-05.

(6) Grievance: A written complaint or petition, either informal or formal, by an inmate concerning an incident or condition within an institution, facility, or the Department which affects the inmate complainant personally.

(7) Grievance Appeal or Direct Grievance: A statement of complaint filed with the Secretary of the Department of Corrections through the use of Form DC1-303, Request for Administrative Remedy or Appeal. Appeals and direct grievances are addressed in Rule 33-103.007, F.A.C.

(8) Grievance Coordinator: The institutional staff member designated by the warden or the Chief of the Bureau of Policy Management and Inmate Appeals to receive, review, investigate, evaluate, and respond to inmate grievances at an institution or facility.

(9) Grievance of Reprisal: A grievance submitted by an inmate alleging that staff have taken or are threatening to take retaliatory action against the inmate for good faith participation in the inmate grievance procedure.

(10) Grievance of Sentence Structure (Release Date Calculations): Complaints concerning the manner in which the Department records and executes the judgment and sentence of the court. This category of appeal involves the calculation of the release date but does not include the determination of monthly gain time awards. Included are questions relating to the length of sentence, whether the court imposed mandatory or special sentencing provisions, credit for time served, date of imposition of sentence, sentence chaining (concurrent or consecutive), and forfeitures arising from judicial or Florida Commission on Offender Review revocations (not forfeitures through the administrative disciplinary process).

(11) HIPAA: The Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.

(12) Informal Grievance: An initial statement of complaint filed on a Form DC6-236, Inmate Request. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. The effective date of the form is 6-12.

(13) Literature Review Committee: The final reviewing authority for appeals regarding rejected reading material. The committee is composed of the Bureau Chief of Security Operations or his or her representative, the Bureau Chief of Policy Management and Inmate Appeals or his or her representative, and the Library Services Administrator or his or her representative.

(14) Recipient: A person or office receiving an inmate grievance for processing.

(15) Reviewing Authority: A staff member authorized to sign grievances or appeals as the final authority for review, e.g., warden, assistant warden, deputy warden, or the Secretary’s representative.

(a) Informal Grievance:

Staff member designated by the warden.

(b) Formal Grievance:

1. Major Institutions – warden or assistant warden;

2. Private Correctional Facilities – warden or deputy warden;

3. Road Prisons, Vocational Centers, Work Camps, Community Correctional Centers, and Contract Community Facilities – warden or assistant warden of the supervising institution.

(c) Grievance Appeals: Chief of Policy Management and Inmate Appeals inmate grievance administrator, or correctional services administrator designated by the Secretary to serve as his representative.

(d) Direct grievances:

1. A direct grievance which is to be reviewed by the warden: The warden is authorized to designate the assistant warden or deputy warden (deputy warden applicable to private facilities only) to grant and implement relief as approved by the warden, except as to grievances involving discipline, grievances alleging violation of the Americans with Disabilities Act, grievances challenging placement in close management and subsequent reviews, grievances of an emergency nature, or grievances of reprisal.

2. A direct grievance which is to be reviewed by the Bureau of Policy Management and Inmate Appeals: The Bureau Chief, or other designated staff may serve as the Secretary’s representative in responding to these issues.

(16) Response: The information provided to the inmate relative to the decision to approve, deny, or return the grievance and the reasons for the approval, denial, or return.

(17) Sexual Abuse.

(a) Any unwanted or coerced act by an inmate against another inmate, without the inmate’s consent, including any of the following:

1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

2. Contact between the mouth and the penis, vulva, or anus;

3. Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object or other instrument; and

4. Any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person, excluding contact incidental to a physical altercation;

(b) Any of the following acts perpetrated by a staff member, contractor, or volunteer against an inmate, with or without consent of the inmate:

1. Contact between the penis and the vulva or the penis and the anus, including penetration, however slight;

2. Contact between the mouth and the penis, vulva, or anus;

3. Contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

4. Penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

5. Any other intentional contact, either directly or through the clothing, or with the genitalia, anus, groin, breast, inner thigh or buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;

6. Any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in the above subparagraphs 1. – 5. of this subsection;

7. Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, and

8. Voyeurism by a staff member, contractor, or volunteer.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.002, Amended 10-11-00, 1-2-03, 9-16-03, 2-9-05, 3-25-08, 5-27-12, 11-7-12, 11-24-13.

33-103.003 Inmate Grievances – Training Requirements.

(1) Staff Training. The Bureau of Policy Management and Inmate Appeals shall develop a standardized plan to be implemented by the Bureau of Staff Development in order to train staff in the use of the inmate grievance procedure. The training shall be designed to familiarize staff with the provisions of Chapter 33-103, F.A.C., and the standardized forms utilized in the grievance procedure.

(a) This training shall be provided to all new institutional and community facility employees in conjunction with the institution’s and community facility’s new employee orientation program.

(b) This training shall also be provided annually for all institutional and community facility staff who respond to inmate grievances.

(c) The provision of training shall be documented on Form DC2-901, Training Attendance Report. Form DC2-901 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-0250, http://www.flrules.org/Gateway/reference.asp?No=Ref-01220. The effective date of the form is 6-18-07.

(2) Inmate Orientation. Through the use of a standardized lesson plan, inmates will receive training in the use of the inmate grievance procedure by institution or facility staff. Inmates shall sign a statement acknowledging receipt of training on the inmate grievance procedure. A copy of this statement shall be placed in the inmate file. Form DC1-307, Acknowledgement of Receipt of Grievance Orientation, shall be used for this purpose. Form DC1-307 is hereby incorporated by reference Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/gateway/reference.asp?No=Ref-01221. The effective date of the form is 10-11-00.

(a) All incoming inmates shall receive training in the grievance procedure at the institutions that are designated for reception and orientation.

(b) When inmates are transferred from one institution or facility to another, they shall receive training in the inmate grievance procedure as part of their orientation at the new location.

(c) The orientation program shall include the following:

1. Receipt of written notification of the grievance procedure;

2. Availability of the written procedure in any language spoken by a significant proportion of the institution’s population, and appropriate provisions for those speaking other languages and for the impaired and disabled;

3. Participation in orientation in which the grievance procedure is explained and in which there is an opportunity to ask questions and have them answered orally; and

4. Provisions for the impaired and disabled to participate in an orientation program.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 4-10-95, 12-7-97, Formerly 33-29.003, Amended 8-1-00, 10-11-00, 2-13-03, 10-9-05, 5-27-12.

33-103.004 Inmate Grievances – Staff and Inmate Participation.

(1) Inmate and employee participation in the grievance process will take the form of solicitation of written comments by inmates and employees on selected formal inmate grievances that staff determine will significantly impact the inmate population and which challenge general procedures and practices prior to the initial adjudication of the grievance. Each institution shall within 5 calendar days of receipt, post copies of this type of formal grievance on inmate and employee bulletin boards, circulate among all inmates in all disciplinary, administrative, and close management areas, including all inmates under sentence of death. These grievances shall be posted and circulated without identification of individual names or identifying facts. Written comments must be received in the office of the reviewing authority as defined in Rule 33-103.002, F.A.C., within 5 calendar days from the date of posting in order to receive consideration. With the exception of submitting written comments, no inmate or employee who appears to be involved in the matter shall participate in any capacity in the final resolution of a grievance.

(2) Inmates and employees have the opportunity to review the effectiveness and credibility of the department’s grievance procedure through the submission of written comments to the reviewing authority as defined in Rule 33-103.002, F.A.C. The reviewing authority shall review and respond to written comments received and institute procedural changes as appropriate. Comments received relating to this rule that are outside the decision making authority of the reviewing authority as defined in Rule 33-103.002, F.A.C., shall be forwarded to the Office of the General Counsel for review and appropriate action. If the comments or complaint focuses on the implementation of the rule at a particular institution, the reviewing authority as defined in Rule 33-103.002, F.A.C., has the authority to make necessary changes in this implementation consistent with the rule. If the comments or complaint deal with the content of the rule itself and the only way a change could be effected would be to change the rule, then it needs to be forwarded to the Office of the General Counsel. The Office of the General Counsel shall review the complaint to see if there appears to be a problem with the rule itself. If changes are necessary, the Office of the General Counsel coordinates the rule promulgation process. The warden shall receive a response and in turn advise the employee or inmate.

(3) Employees shall have access to this rule through rule books maintained in the departments within the institution to which they are assigned.

(4) Inmates shall have access to this rule from the inmate library. Inmates who are not in open population shall be able to access this rule through their housing officer in the confinement unit. Inmates in institutions or facilities without libraries shall have access to this rule from the classification office or security shift supervisor’s office.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 4-10-95, 12-7-97, Formerly 33-29.004, Amended 10-11-00, 2-9-05, 3-25-08, 5-27-12.

33-103.005 Informal Grievance.

(1) Inmates shall utilize the informal grievance process prior to initiating a formal grievance. Inmates may skip this step and initiate the process at the formal institutional level for issues pertaining to the following: grievance of an emergency nature, grievance of reprisal, grievance alleging violations of the Americans with Disabilities Act, medical grievance, grievance involving gain time governed by Rule 33-601.101, F.A.C. Incentive Gain Time, grievance challenging placement in close management or subsequent reviews, grievances regarding the return of incoming mail governed by subsection 33-210.101(14), F.A.C., grievances regarding disciplinary action (does not include corrective consultations) governed by Rules 33-601.301-.314, F.A.C., and grievances regarding allegations of sexual abuse as defined in subsection 33-103.002(17), F.A.C. Inmates may proceed directly to the Office of the Secretary on the following issues as governed by subsection 33-103.007(6), F.A.C.: grievance of emergency nature, grievance of reprisal, protective management, admissible reading material, sentence structure issues (release date calculations), and inmate banking issues. Grievances alleging a violation of the Health Insurance Portability and Accountability Act (HIPAA) must be filed directly with the Office of the Secretary using the Request for Administrative Appeal, Form DC1-303, Request for Administrative Remedy or Appeal. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C.

(a) An informal grievance shall be submitted to the designated staff by placing the informal grievance in a locked grievance box. Locked boxes shall be available to inmates in open population and special housing units. A staff person from classification, the grievance coordinator’s office, or the assistant warden’s office shall be responsible for the key. If the staff member collecting the grievances is from classification or the assistant warden’s office, he or she shall retrieve the grievances and appeals and deliver them to the institutional grievance coordinator in a locked container. The warden shall designate one (1) staff member who shall log all informal grievances and distribute to the appropriate department or staff. Grievances shall be picked up and forwarded by the institutions daily Monday through Friday.

(b) After being logged, informal grievances shall be forwarded to the staff member who is responsible in the particular area of the problem, the classification team, the appropriate section head, or other institutional staff. When an informal grievance is received by the reviewing authority as defined in Rule 33-103.002, F.A.C., the reviewing authority shall respond to the grievance or refer the grievance to a staff member for response.

(c) The inmate shall not file duplicate informal grievances with different staff members.

(2) When submitting an informal grievance, the inmate shall use Form DC6-236, Inmate Request, and shall:

(a) Check the appropriate box indicating to whom he is submitting the informal grievance. If the inmate checks the box designated “other,” and elects to name a specific staff member, the final determination of the appropriate person to handle the grievance shall ultimately be made by staff. The inmate shall complete the other sections of the heading;

(b) On the line reading “Request,” the inmate shall check the box to indicate that Form DC6-236 is being used as an “Informal Grievance.” Failure to do this will cause the request to be handled routinely and it will not be considered an informal grievance. This will also cause the form to be unacceptable as documentation of having met the informal step if it is attached to a formal grievance submitted at the next step.

1. The act of asking questions or seeking information, guidance, or assistance is not considered to be a grievance. Answers to inmate requests of this nature shall not be considered as documentation of having met the informal step if they are attached to a formal grievance submitted at the next step. Inmate requests improperly submitted as informal grievances shall be treated as inmate requests and the inmate shall be advised that he cannot appeal the response.

2. When completing the inmate request form for submission as an informal grievance, the inmate shall ensure that the form is legible, that included facts are accurately stated, and that only one issue or complaint is addressed. The inmate must limit all grievance narrative to Form DC6-236, and only two additional pages of narrative will be allowed. The inmate shall sign and date the form and write in his Department of Corrections number and forward the informal grievance to the designated staff person. If an inmate fails to sign his grievance, it shall result in a delay in addressing the grievance until it can be verified that it is that inmate’s grievance. Form DC6-236 is incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-10011. The effective date of the form is 11/18.

(3) Upon receipt of the informal grievance, the recipient shall note the date on the form. The institutional greivance coordinator shall date-stamp Form DC6-236, in the designated area on the form, with the date the grievance was retrieved from the grievance box.

(4) The informal grievance shall be responded to within 15 days of the initial receipt date as noted on the informal grievance log.

(a) The recipient shall provide the inmate with a written response even if an interview with the inmate has occurred concerning the subject matter of the grievance. This is required due to the fact that if the inmate desires to pursue his grievance at the next level, except in cases previously noted, he is required to attach a copy of his informal grievance and response.

(b) The recipient shall state that the grievance is either approved, denied, or returned without action. The response shall also state the reason or reasons for the approval, denial, or return.

(c) The recipient shall then sign and date the form and cause the informal grievance to be returned to the inmate. The inmate shall receive the original and one copy of the informal grievance. The second copy shall be forwarded to the correctional sentence specialist for placement in the inmate’s file.

(5) It is the policy of the department that all inmate request forms be answered.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 3-30-94, 4-17-94, 4-10-95, 8-10-97, 12-7-97, 2-17-99, Formerly 33-29.005, Amended 8-1-00, 2-9-05, 3-25-08, 1-31-10, 5-27-12, 11-7-12, 11-24-13, 4-20-14, 12-30-14, 11-7-18.

33-103.006 Formal Grievance – Institution or Facility Level.

(1) When an inmate decides to file a formal grievance, he or she shall do so by completing Form DC1-303, Request for Administrative Remedy or Appeal, and filing within the time limits set forth in Rule 33-103.011, F.A.C. Form DC1-303 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-03315. The effective date of the form is 11-13.

(a) In institutions and private correctional facilities, inmates shall direct this form to the warden or assistant warden or deputy warden as defined in paragraph 33-103.002(15), F.A.C.

(b) In road prisons, vocational centers, work camps, community correctional centers and contract facilities the form shall be sent to the warden or assistant warden of the supervising institution.

(2) Procedural Requirements.

(a) The inmate shall fill out the identifying data at the top of the form, printing his committed name, Department of Corrections number, institution or facility name and checking the appropriate box.

(b) The inmate shall sign and date the form, indicating his Department of Corrections number. If the inmate fails to sign the grievance, it shall result in a delay in addressing the grievance until it can be verified that it is that inmate’s grievance.

(c) The inmate shall state his grievance in Part A. If additional space is needed, the inmate shall use attachments rather than multiple copies of Form DC1-303. Only 2 additional pages of narrative will be allowed. If the inmate writes his complaint anywhere other than within the boundaries of Part A or on the 2 allowable attachment pages, his grievance shall be returned for non-compliance.

(d) The form must be legible and the grievance clearly stated.

(e) Included facts must be accurately stated.

(f) Each grievance must address only one issue or complaint.

(g) The inmate shall attach a copy of the informal grievance and the response to the informal grievance to Form DC1-303, unless the grievance is a direct formal grievance of the following: an emergency grievance that is one of the types identified in paragraphs (3)(a) – (j) of this rule. Any other pertinent documentation shall be attached also. Informal grievances as described in subparagraph 33-103.005(2)(b)1., F.A.C., shall not be accepted as documentation of having met the requirements of the informal grievance step.

(h) The inmate shall submit the grievance to designated staff by placing the grievance in a locked grievance box. Locked boxes shall be available to inmates in open population and special housing units. A staff person from classification, the grievance coordinator’s office, or the assistant warden’s office shall be responsible for the key. If the staff member collecting the grievances is from classification or the assistant warden’s office, he or she shall retrieve the grievances and deliver them in a locked container to the institutional grievance coordinator. The institutional grievance coordinator shall log all formal grievances and provide the inmates with receipts. The institutional grievance coordinator shall date-stamp the bottom-left portion of Form DC1-303, reflecting the date the grievance was retrieved from the grievance box. The institutional grievance coordinator shall complete the receipt portion of Form DC1-303 by entering a date of receipt, and shall sign as the recipient. The date on the receipt shall be the same date that the grievance was taken out of the grievance box. Grievances shall be picked up, date-stamped, and otherwise processed daily Monday through Friday.

(i) If the inmate is filing an amendment to a previously filed grievance or appeal, the inmate shall clearly state this at the beginning of PART A of Form DC1-303, Request for Administrative Remedy or Appeal. Amendments are to be filed only regarding issues unknown or unavailable to the inmate at the time of filing the original grievance and must be submitted within a reasonable time frame of knowledge of the new information.

(j) If the inmate or third party is filing a grievance involving sexual abuse, it shall be clearly stated in the first line of the grievance that it is a grievance related to sexual abuse. Also on Form DC1-303 the third party filer shall check the box next to Third Party Grievance Alleging Sexual Abuse. If this statement is not included in the grievance and if the third party box is not checked, the grievance shall be responded to. This will not be a reason to return the grievance without action to the filer.

(k) If the inmate is claiming visual impairment, they shall clearly state that in the first line of their grievance in order to receive the five additional days to file their grievance as outlined in subsection 33-103.011(1), F.A.C.

(3) The following types of grievances may be filed directly with the reviewing authority as defined in subsection 33-103.002(15), F.A.C., by-passing the informal grievance step, and may be placed in a sealed envelope:

(a) Emergency Grievance – Upon receipt, the reviewing authority as defined in paragraph 33-103.002(15), F.A.C., shall take the following action as soon as possible, but no later than two calendar days following receipt:

1. Review complaint and contact staff for additional information if necessary;

2. If an emergency is found to exist, initiate action to alleviate condition giving rise to the emergency;

3. Provide formal response to the inmate within 15 calendar days as required by paragraph 33-103.011(3)(d), F.A.C.; and

4. If an emergency is not found to exist, a response will be provided to the inmate indicating that the complaint is “not an emergency” with instructions to resubmit at the proper level, signed and dated by the responding employee, and returned to the inmate within 72 hours of receipt.

(b) Grievance of Disciplinary Action – If additional mitigating factors not presented during the disciplinary hearing are provided, a review shall be conducted and applicable modifications made, if necessary.

(c) Grievance of Reprisal.

(d) Grievances involving inmate bank issues.

(e) Medical Grievance.

(f) Grievance involving gain time governed by Rule 33-601.101, F.A.C., Incentive Gain Time.

(g) Grievance challenging placement in close management or subsequent review.

(h) Grievance alleging violation of the Americans with Disabilities Act.

(i) Grievance regarding the return of incoming mail governed by subsection 33-210.101(14), F.A.C.

(j) Grievances alleging sexual abuse as defined in subsection 33-103.002(17), F.A.C.

1. If an inmate believes he or she is the victim of sexual abuse they should immediately report it. There are several ways that allegations of sexual abuse may be reported, filing a grievances is one of those ways. If an inmate decides to use the grievance process to report sexual abuse they must complete form DC1-303, Request for Administrative Remedy or Appeal and file within the requirements and guidelines listed below. This rule is established to meet the requirements of the Prison Rape Elimination Act (PREA) of 2003. 28 CFR Part 115.

a. The grievance should begin at the formal level at the institution unless filing pursuant to paragraph 33-103.007(6)(a), F.A.C., or subparagraph 33-103.007(6)(b)5., F.A.C. There is no time limit on when an inmate or third party may initiate a grievance regarding allegations of sexual abuse. However, normal time limits as described in Rule 33-103.011, F.A.C., will apply when the inmate receives the response to the formal grievance and elects to proceed to the next level of review. Staff shall comply with response time requirements outlined in Rule 33-103.011, F.A.C.

b. Inmates filing grievances alleging sexual abuse shall not be instructed to file the grievance to the individual(s) who are the subject(s) of the complaint. Additionally grievances of this nature shall not be referred to the subject(s) of the complaint.

c. Third parties, including fellow inmates, staff members, family members, attorneys and outside advocates, shall be permitted to assist inmates in filing grievances alleging sexual abuse. Third parties are also permitted to file such grievances on behalf of inmates.

d. Third parties must use the official Form DC1-303 which can be obtained from subsection (1) of this rule. The form may also be requested from the inmate’s current location or the Department’s Central Office at 501 South Calhoun Street, Tallahassee FL 32399. On Form DC1-303 the third party filer shall check the box next to Third Party Grievance Alleging Sexual Abuse. Additionally when a third party files a sexual abuse grievance they must complete the information that identifies the inmate on the top of the form and place their signature and the date at the bottom of the form. When completed, a third party filer who is not an inmate, shall mail the form to the attention of the warden at the institution where the inmate is currently housed unless the grievance is filed pursuant to paragraph 33-103.007(6)(a), F.A.C. When the third party filer is an inmate, the grievance shall be submtted pursuant to subsections (8) or (9) of this rule.

e. When third parties initiate a sexual abuse grievance, the inmate will be notified by institutional staff. A staff member shall interview the inmate within 2 business days of receipt of the third party grievance alleging sexual abuse. During this interview the inmate shall elect to allow the grievance to proceed or request that the grievance be stopped by completing the top half of Form DC6-236, Inmate Request, stating whether he elects for the grievance to proceed or be stopped. The institution shall document the inmate’s desire to either allow or refuse the grievance to proceed under the response section of Form DC6-236. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. A copy of the Inmate Request will be placed in the inmate’s file. If the inmate refuses to allow the grievance to proceed on their behalf staff will also document the refusal in IGLOGS and designate the grievance as “withdrawn”. IGLOGS is the Inspector General Office Log System (Database) that is utilized to store and maintain log numbers, dates, responses, dispositions and other relevant data on all inmate formal grievances and appeals.

f. If the inmate agrees to let the grievance filed by a third party proceed, staff shall log the third party grievance alleging sexual abuse and provide a receipt to the inmate. The response will be provided to the inmate. If the inmate is unsatisfied with the response to the formal grievance they may file an appeal on Form DC1-303. The third party who initiated the formal grievance cannot appeal the decision when it is rendered. Staff shall notify the third party filer of the disposition rendered on the grievance. In accordance with the Health Insurance Portability and Accountability Act, specifics of the case shall not be divulged to the third party.

g. The Department shall claim an extension of time to respond, of up to 70 days, if the normal time period for response is insufficient to make an appropriate decision due to the need for additional investigation. The inmate shall be notified in writing of the extension and a date by which a decision will be made.

h. An inmate may file an emergency grievance if they believe they are subject to a substantial risk of imminent sexual abuse.

i. When receiving an emergency grievance from an inmate expressing belief they are subject to a substantial risk of imminent sexual abuse the institution must take immediate corrective action. Staff handling this grievance shall provide an immediate response within 48 hours and shall issue a final decision within 5 calendar days from the receipt of the grievance. The final decision will document the agency’s determination whether the inmate is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

(4) Inmates filing the types of grievances identified in paragraphs (3)(a), (c) and (d), above, shall clearly state their reasons for by-passing the informal grievance step and shall state at the beginning of Part A of Form DC1-303, Request for Administrative Remedy or Appeal, the subject of the grievance. Failure to do so and failure to justify filing directly shall result in the formal grievance being returned without action to the inmate with the reasons for the return specified.

(5) Upon receipt of the formal grievance, the reviewing authority as defined in subsection 33-103.002(15), F.A.C. shall cause the following to occur:

(a) The grievance and related attachments shall be examined for compliance with Chapter 33-103, F.A.C.;

(b) A computer generated receipt or Part C, receipt section of the grievance, shall be completed and returned to the inmate;

(c) The subject matter of the grievance, shall be indicated on the receipt according to the classification of grievances, Rule 33-103.013, F.A.C.;

(d) A formal grievance may be returned to the inmate for any one or more of the reasons stated in Rule 33-103.014, F.A.C., with no further processing.

(6) Following investigation and evaluation by the reviewing authority as defined in paragraph 33-103.002(15), F.A.C., a response shall be provided to the inmate within 20 calendar days of receipt of the grievance as required by paragraph 33-103.011(3)(b), F.A.C. The degree of investigation is determined by the complexity of the issue and the content of the grievance. The response shall state whether the grievance is approved, denied, or being returned and shall also state the reasons for the approval, denial or return.

(a) The original grievance and one copy shall be returned to the inmate, with the request for interview form (informal grievance) attached. The date the grievance is returned to the inmate (the date the grievance leaves the recipient’s office) shall be noted on the form. This is the date that will be used to determine whether or not the inmate has met the fifteen day time limitation in filing his or her appeal to the Office of the Secretary.

(b) The second copy shall be forwarded to the correctional sentence specialist for placement in the inmate’s file.

(c) The reviewing authority as defined in subsection 33-103.002(15), F.A.C., shall retain a complete copy of the grievance on file.

(d) Other attachments are considered to be part of the grievance and shall not be returned to the inmate except in those cases where the inmate submits sufficient copies of attachments at the time the formal grievance is filed.

(7) The response to the formal grievance shall include the following statement, or one similar in content and intent if the grievance is denied: You may obtain further administrative review of your complaint by obtaining form DC1-303, Request for Administrative Remedy or Appeal, completing the form, providing attachments as required by paragraphs 33-103.007(3)(a) and (b), F.A.C., and forwarding your complaint to the Bureau of Policy Management and Inmate Appeals, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

(8) If an inmate is in a special housing unit and wants to file a grievance, he shall submit the grievance to designated staff by placing the grievance in a locked box. The designated staff person shall deliver the box to the institutional grievance coordinator who will unlock the box, remove the grievances, log the grievances, and provide the inmates with receipts.

(9) The employee responding to the formal grievance should not be the same employee who responded to the informal grievance (if one was filed) unless circumstances dictate that this cannot be avoided.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 8-10-97, 12-7-97, 5-10-98, 2-17-99, Formerly 33-29.006, Amended 8-1-00, 10-11-00, 2-9-05, 10-28-07, 3-25-08, 5-27-12, 11-7-12, 11-24-13, 4-20-14, 11-7-18.

33-103.007 Appeals and Direct Grievances to the Office of the Secretary.

(1) In the event that an inmate feels that the grievance has not been satisfactorily resolved during the formal grievance procedure, an appeal may be submitted according to the time limits set forth in Rule 33-103.011, F.A.C., using Form DC1-303, Request for Administrative Remedy or Appeal, to the Office of the Secretary without interference from staff. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C.

(2) Grievance appeals – If the grievance appeal is not a direct grievance to the Office of the Secretary, the inmate shall:

(a) Attach a copy of his formal grievance and response, except when appealing issues regarding requests for protective management, admissible reading material, sentence structure (release date calculations), inmate banking, emergencies or allegations of reprisal. (These may be filed directly to the Office of the Secretary).

(b) Attach a copy of his informal grievance and response, except when appealing issues regarding one of the types identified in paragraph (3)(a) – (j) of this rule.

(c) Attach any other documentation that the inmate has that is pertinent to the review and that the inmate wants reviewed.

(d) Submit the complete form with attachments to the Office of the Secretary in accordance with subsection 33-103.007(5), F.A.C. Failure to submit a complete grievance shall result in the grievance being returned to the inmate without action.

(e) If the inmate is filing an amendment to a previously filed grievance or appeal, the inmate shall clearly state this at the beginning of PART A of Form DC1-303, Request for Administrative Remedy or Appeal.

(f) If the inmate is claiming visual impairment, they shall clearly state that in the first line of their grievance in order to receive the five additional days to file their grievance as outlined in subsection 33-103.011(1), F.A.C.

(3) Direct Grievances.

(a) Emergency grievances and grievances of reprisals, protective management, admissible reading material, grievances concerning sentence structure (release date calculations), inmate banking issues or sexual abuse grievances when the abuse is alleged to have been committed by the Warden of the institution where the inmate is currently housed may be filed directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303. Grievances alleging a violation of the Health Insurance Portability and Accountability Act (HIPAA) must be filed directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303. The following shall apply:

1. The inmate shall state at the beginning of Part A of Form DC1-303 that the grievance concerns either an emergency or is a grievance of a reprisal. When alleging HIPAA violations, the inmate shall state that the grievance concerns HIPAA at the beginning of Part A of Form DC1-303. The inmate or the third party filer of a sexual abuse grievance shall state at the beginning of Part A of Form DC1-303 that the grievance is a sexual abuse related grievance. On Form DC1-303 the third party filer shall check the box next to Third Party Grievance Alleging Sexual Abuse.

2. The inmate must clearly state the reason for not initially bringing the complaint to the attention of institutional staff and by-passing the informal and formal grievance steps of the institution or facility, except in the case of a HIPAA violation grievance which must be filed directly with the Office of the Secretary. In the case of a sexual abuse grievance, the inmate or the third party filer must clearly state that the formal grievance step of the institution or facility was by-passed because the abuse is alleged to have been committed by the Warden of the institution where the inmate is currently housed.

3. The inmate may forward grievances of these types to the Office of the Secretary in a sealed envelope by following the procedure set out in paragraph (5)(e), below. When a direct grievance alleging violation of HIPAA is received at the Office of the Secretary, the Bureau of Policy Management and Inmate Appeals shall forward the grievance to the Office of the Assistant Secretary for Health Services for investigation and response. The disclosure of medical information in a grievance authorizes staff to review the information and to use and disclose the medical information necessary to investigate in order to respond. Following preparation of a response and signature of the responding employee, the grievance shall be returned to the Bureau of Policy Management and Inmate Appeals to ensure appropriate filing and routing.

(b) Emergency Grievances. An emergency grievance may be filed directly with the Secretary. Upon receipt, staff of the Bureau of Policy Management and Inmate Appeals shall take the following actions as soon as possible, but no later than two calendar days following receipt:

1. Review complaint and contact staff for additional information if necessary;

2. If an emergency is found to exist, initiate action to alleviate the condition giving rise to the emergency;

3. Provide a formal response to the inmate within 15 calendar days; and

4. If an emergency is not found to exist, it will be clearly marked on the grievance “not an emergency,” signed and dated by the responding employee, and returned to the inmate within three working days of receipt as his reasons for by-passing the previous level of review will not be valid.

5. An inmate may file an emergency grievance if they believe they are subject to a substantial risk of imminent sexual abuse. When receiving an emergency grievance from an inmate expressing belief they are subject to a substantial risk of imminent sexual abuse the institution must take immediate corrective action. Staff handling this grievance shall provide an immediate response within 48 hours and shall issue a final decision within 5 calendar days from the receipt of the grievance. The final decision will document the agency’s determination whether the inmate is in substantial risk of imminent sexual abuse and the action taken in response to the emergency grievance.

(c) Grievances filed directly with the Office of the Secretary that are grievances of reprisal, protective management, admissible reading material, sentence structure (release date calculations), inmate banking issues, or a grievance alleging a violation of HIPAA shall be responded to according to established time frames.

(d) Upon receipt of the direct grievance and following review of the same, if it is determined that the grievance is not an emergency grievance, a grievance of reprisal, protective management, admissible reading material, sentence structure (release date calculations), inmate banking issues, or a grievance alleging a violation of HIPAA, the grievance shall be returned to the inmate with the reasons for return specified advising the inmate to resubmit his or her grievance at the appropriate level. The other applicable procedures in Rule 33-103.007, F.A.C., governing the processing of appeals to the Office of the Secretary shall apply to these types of grievances.

(4) Procedural Requirements.

(a) The inmate shall fill out the identifying data at the top of the form by printing his committed name, Department of Corrections number, and institution or facility name and shall check the appropriate box.

(b) The inmate shall state his grievance in Part A. If additional space is needed, the inmate shall use attachments rather than multiple copies of Form DC1-303. Only 2 additional pages of narrative will be allowed. If the inmate writes his complaint anywhere other than within the boundaries of Part A Box or on the 2 allowable attachment pages, his grievance or appeal shall be returned for non-compliance.

(c) The inmate shall sign and date the form, indicating his Department of Corrections number. If the inmate fails to sign the grievance or appeal, it shall result in a delay in addressing the grievance until it can be verified that it is that inmate’s grievance or appeal.

(d) The form shall be legible and the grievance or appeal shall be clearly stated.

(e) Included facts shall be accurately stated.

(f) Each grievance or appeal shall address only one issue or complaint.

(g) When filing a grievance appeal, the inmate shall attach a copy of the formal grievance and the response to the formal grievance to Form DC1-303. Any other pertinent documentation shall also be attached.

(h) If the inmate is filing an amendment to a previously filed grievance or appeal, the inmate shall clearly state this at the beginning of PART A of Form DC1-303, Request for Administrative Remedy or Appeal. Amendments are to be filed only regarding issues unknown or unavailable to the inmate at the time of filing the original grievance and must be submitted within twenty days of the date reflected on the department’s response to the appeal.

(i) If the inmate or third party is filing a grievance involving sexual abuse, it shall be clearly stated in the first line of the grievance that it is a grievance related to sexual abuse. Also on Form DC1-303 the third party filer shall check the box next to Third Party Grievance Alleging Sexual Abuse. If this statement is not included in the grievance and if the third party box is not checked, the grievance shall be responded to. This will not be a reason to return the grievance without action to the filer.

(j) The inmate shall submit the grievance or appeal to designated staff by placing it in a locked grievance box. Locked boxes shall be available to absolutely all inmates. A staff person from classification, the grievance coordinator’s office, or the assistant warden’s office shall be responsible for the key. If the staff member collecting the grievances or appeals is from classification or the assistant warden’s office, he or she shall retrieve the box and deliver it to the institutional grievance coordinator.

(k) Grievances and appeals shall be picked up and forwarded to central office by the institutions daily, Monday through Friday. This includes grievances and appeals filed by inmates in special housing units. The grievance box shall be brought to each such inmate Monday through Friday.

(5) Mailing Procedures. The warden or person designated in Rule 33-103.002, F.A.C., shall establish a procedure in the institution or facility under his supervision for processing those grievances and appeals that require mailing. Inmates who are filing grievances or appeals that require mailing shall be required to utilize the procedure set forth in this rule when sending their grievances or appeals to the Bureau of Policy Management and Inmate Appeals in central office. The institution or facility shall provide postage for grievances or appeals submitted through this process. Procedures implemented shall include, at a minimum, the following:

(a) The establishment of an office through which grievances and appeals shall be processed.

(b) The establishment of a logging and tracking system to record and document receipt and mailing of inmate grievances and appeals.

(c) A requirement that the staff person designated to accept the grievances and appeals to be mailed shall do the following as to those grievances that are not in a sealed envelope and are placed in the grievance box:

1. For each grievance appeal or direct grievance to the Office of the Secretary, date-stamp the bottom-left portion of the form DC1-303, reflecting the date the grievance or appeal was received or collected from the grievance box.

2. Complete the receipt portion of Form DC1-303 for grievances or appeals being forwarded to central office by entering a logging/tracking number and date of receipt, and shall sign as the recipient.

3. The staff person shall not read or classify the grievance or appeal.

4. Place the grievance or appeal in the mail through the institution or facility mail service within one workday.

(d) Inmates shall have his or her grievance or appeal ready for mailing at the time he or she submits it to staff for processing as described in paragraph (c), above. Once this process has been completed, the grievance or appeal will not be returned to the inmate.

(e) Inmates are also permitted to elect to submit grievances and appeals in sealed envelopes. The inmate must note on the envelope that the content is either an appeal or a direct grievance to the Secretary of the Department. Such a sealed envelope may be placed in the locked grievance box, just as a grievance or appeal that is not in a sealed envelope would be. Such grievances shall be processed as follows by institutional staff:

1. The staff member who retrieves grievances and appeals submitted in this manner from the grievance box shall place a date stamp on the outside of the envelope. The date shall be the same date that the grievance or appeal was retrieved from the grievance box.

2. The staff member who retrieves the sealed envelopes from the grievance box shall not place a logging/tracking number on the envelope nor on the grievance or appeal. Institutional staff shall not open the sealed envelope, except when they have reason to believe it contains contraband.

3. No institutional staff person shall read or classify the grievance or appeal.

4. The institutional staff member designated to accept and mail the grievances shall place the grievance or appeal in the mail through the institution or facility mail service within one workday.

(f) Those grievances and appeals that are placed in the grievance box, whether or not they are in a sealed envelope, will be forwarded to the Bureau of Policy Management and Inmate Appeals after being processed for mailing as described above.

(g) Inmates are also permitted to place their grievances and appeals in a sealed envelope with adequate postage and place that sealed envelope into the locked grievance box.

1. The inmate must note on the envelope that the content is either an appeal or a direct grievance to the Secretary of the Department.

2. The inmate shall place the appeal or direct grievance into the locked grievance box.

3. The mail collection representative shall not open the mail nor ask nor order the inmate open it.

4. The individual processing the appeals and direct grievances shall date-stamp the back of the envelope.

5. The sealed envelope shall not be returned to the inmate’s possession.

6. No inmate shall present any other mail in a sealed envelope.

7. The envelope containing the appeal or direct file grievance shall be processed as routine mail pursuant to rule 33-210.101, F.A.C.

(6) Processing of Grievance Appeals and Direct Grievances by Central Office Staff.

(a) Upon receipt of a mailed grievance or appeal by the Bureau of Policy Management and Inmate Appeals, the Bureau of Policy Management and Inmate Appeals shall cause the following to occur:

1. The grievance or appeal shall be examined for compliance with Chapter 33-103, F.A.C.

2. Regarding any grievance or appeal that arrives in a sealed envelope, the envelope shall be opened and then attached to the grievance or appeal. The envelope shall not be discarded.

3. Staff shall date the receipt portion of the grievance or appeal. For those grievances that were placed in the grievance box by the inmate, the date on the receipt shall be the same date that the grievance or appeal was taken out of the grievance box, whether or not the grievance is in a sealed envelope. As to any grievance or appeal that was placed directly into privileged mail by an inmate, the date on the receipt shall be the same date placed on the back of the envelope at the moment when the inmate released the grievance or appeal to the mail collection representative. This date shall be placed in the lower left hand corner of the form.

4. The receiving office shall review the grievance or appeal and determine the classification of the grievance or appeal and enter the same on the receipt that is returned to the inmate. The subject matter of the grievance shall be indicated on the receipt according to the classification of the grievance, as specified in Rule 33-103.013, F.A.C. A receipt shall be provided to the inmate.

5. In addition to dating the receipt portion of the grievance or appeal, as mentioned above, staff shall date-stamp the grievance or appeal with the current day’s date in the upper right corner of the form.

(b) Staff shall determine whether the grievance or appeal has been timely filed. The decision of whether or not the grievance or appeal has been timely filed by the inmate shall be made based upon the following comparisons:

1. In the case of an appeal being filed with the central office, by comparing the receipt date that institutional staff placed on the DC1-303 form or the outside of the envelope in accordance with subparagraph 33-103.007(5)(e)1., F.A.C., to the return date of the formal grievance (the date the grievance leaves the recipient’s office).

2. In the case of a grievance being filed directly at the central office level, by comparing the receipt date on the DC1-303 form to the date of the incident or situation giving rise to the complaint.

(c) The receiving office shall then process the grievance or appeal filed by the inmate in accordance with the provisions of this rule, as appropriate.

(d) A grievance appeal or direct grievance may be returned to the inmate for any one or more of the reasons stated in Rule 33-103.014, F.A.C., without further processing.

(e) Following appropriate investigation and evaluation by staff of the Bureau of Policy Management and Inmate Appeals, a response shall be provided to the inmate. The degree of investigation is determined by the complexity of the issue and the content of the grievance.

(f) The response shall state whether the appeal or direct grievance is approved, denied, or being returned and shall also state the reasons for the approval, denial, or return. The criteria considered in approving, denying, or returning an appeal or direct grievance will vary with the facts of the grievance.

(7) The Office of the Secretary has designated the Bureau of Policy Management and Inmate Appeals to receive, review, investigate, evaluate and respond to appeals and direct grievances filed with the Office of the Secretary. Appeals and direct grievances to the Office of the Secretary shall be turned over that same date to the Bureau of Policy Management and Inmate Appeals which shall ensure that the grievance is date-stamped in on the date of receipt.

(8) If the grievance or appeal is returned to the institution or facility for further investigation or response, the inmate may, following receipt of that response, re-file with the Office of the Secretary pursuant to Rule 33-103.007, F.A.C., if he is not satisfied with the response.

(9) Copies.

(a) The original copy of the grievance or appeal shall be returned to the inmate. The response shall be stamped “MAILED/FILED WITH AGENCY CLERK” along with the date mailed; the response shall be mailed on the same date that it is stamped. The response is deemed filed with the agency clerk on the date that it is stamped and mailed. The time period for appeal begins to run on the date that the response is stamped and mailed.

(b) One copy shall be forwarded to the Regional Scanning Center for inclusion in the inmate’s electronic central office file.

(c) Attachments are considered a part of the grievance and shall not be returned to the inmate, except in those cases where the inmate submits sufficient copies of attachments at the time the grievance appeal is filed.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 8-10-97, 12-7-97, 10-7-98, 2-17-99, Formerly 33-29.007, Amended 8-1-00, 6-29-03, 2-9-05, 8-21-06, 3-25-08, 6-13-12, 11-7-12, 11-24-13, 4-20-14, 11-7-18.

33-103.008 Grievances of Medical Nature.

(1) If a formal grievance of a medical nature is filed at the institutional level, it shall be forwarded to the institution’s Chief Health Officer or clinical designee for investigation and response. Following preparation of a response and signature of the responding employee, the grievance shall be returned to the warden or assistant warden or deputy warden to ensure appropriate filing and routing. The review and initialing of the grievance response shall be made by the Chief Health Officer or clinical designee. A clinical designee is a physician with an active Florida license and who is credentialed by the Department of Corrections, or, if the physician is a Department of Corrections contractor’s employee, is credentialed by the contractor. Other procedures applicable to the processing of a formal grievance of a medical nature are as stated in Rule 33-103.006, F.A.C.

(2) If a grievance appeal of a medical nature is received by the Office of the Secretary, the Bureau of Policy Management and Inmate Appeals shall forward the grievance to the Office of the Assistant Secretary for Health Services for investigation and response. The disclosure of medical information in a grievance authorizes staff to review the information and to use and disclose the medical information necessary to investigate in order to respond. Following preparation of a response and signature of the responding employee, the grievance shall be returned to the Bureau of Policy Management and Inmate Appeals to ensure appropriate filing and routing. Other procedures applicable to the processing of a grievance appeal of a medical nature are as stated in Rule 33-103.007, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.008, Amended 6-29-03, 2-9-05, 3-25-08, 5-27-12, 6-23-13, 11-4-18.

33-103.009 Grievance Relating to Admissible Reading Material.

A complaint concerning disapproval of reading material shall be processed according to the provisions of Rule 33-501.401, F.A.C., and this chapter.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 9-8-92, Formerly 33-29.009.

33-103.010 Grievances Regarding Lost Personal Property.

Grievances concerning lost personal property shall be processed according to the provisions of this chapter and paragraphs 33-602.201(14)(a) through (e), F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 6-1-97, 12-7-97, Formerly 33-29.010, Amended 2-9-05.

33-103.011 Time Frames for Inmate Grievances.

When determining the time frames for grievances in all cases, the specified time frame shall commence on the day following the date of the incident or response to the grievance at the previous level. For example, if an incident occurred on December 1, fifteen days from that date would be December 16.

(1) Filing of Grievances.

(a) Informal Grievances – Must be received within 20 days of when the incident or action being grieved occurred unless the inmate has requested in writing and received approval for a 45 day extension to file an informal grievance about being physically restrained during pregnancy, labor or post-partum recovery pursuant to Rule 33-602.211, F.A.C. The request for an extension must be submitted on Form DC6-236, Inmate Request, and received within 20 days of the application of restraints.

1. In instances when an inmate places his or her grievance or extension request into the grievance box on the 20th day after the date of the alleged incident, but after the grievances were retrieved from the box for that day, it shall be treated as timely.

2. The grievance of an inmate who was granted a 45-day extension that is retrieved from the grievance box on the 66th day and dated accordingly by Department staff, shall be treated as timely.

(b) Formal Grievances – Must be received no later than 15 calendar days from:

1. The date on which the informal grievance was responded to; or

2. The date on which the incident or action being grieved occurred if an informal grievance was not filed pursuant to the circumstances specified in subsection 33-103.006(3), F.A.C., unless the grievance is an issue related to sexual abuse.

3. In instances when an inmate places his or her grievance into the grievance box on the 15th day after the date of such response or such alleged incident/action, but after the grievances were retrieved for that day, it shall be treated as timely.

4. Pursuant to sub-subparagraph 33-103.006(3)(j)1.a., F.A.C., and notwithstanding the above provisions, sexual abuse grievances filed either by the inmate or a third party may be filed at any time after the incident is alleged to have occurred. After the initial filing, all other applicable timeframes shall apply.

5. If the grievance is filed by an inmate who is visually impaired that requires accomodation, as provided in Rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.

(c) Grievance Appeals to the Office of the Secretary – Must be received within 15 calendar days from the date the response to the formal grievance is returned to the inmate.

1. In instances when an inmate places his or her appeal into the grievance box on the 15th day after the date of the response to his or her formal grievance, but after the grievance box was emptied for that day, it shall be treated and processed as timely.

2. If the grievance is filed by an inmate who is visually impaired that requires accomodation, as provided in Rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.

(d) Direct Grievances to the Office of the Secretary – Must be received within 15 calendar days from the date on which the incident or action which is the subject of the grievance occurred.

1. In instances when an inmate places his or her grievance into the grievance box on the 15th day after the date on which the incident or action which is the subject of the grievance occurred, but after the grievance box was emptied for that day, it shall be treated and processed as timely.

2. If the grievance is filed by an inmate who is visually impaired that requires accomodation, as provided in Rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.

(2) An extension of the above-stated time periods shall be granted when it is clearly demonstrated by the inmate to the satisfaction of the reviewing authority as defined in paragraphs 33-103.002(15)(b) and (c), F.A.C., or the Secretary that it was not feasible to file the grievance within the relevant time periods and that the inmate made a good faith effort to file in a timely manner. The granting of such an extension shall apply to the filing of an original grievance or when re-filing a grievance after correcting one or more deficiencies cited in Rule 33-103.014, F.A.C.

(3) Responding to Grievances.

(a) Informal Grievances – Following the initial receipt of an informal grievance, a written response shall be completed within 15 calendar days. See Rule 33-103.005, F.A.C.

(b) Formal Grievances – The reviewing authority as defined in paragraph 33-103.002(15)(b), F.A.C., shall have up to 20 calendar days from the date of receipt of the grievance to take action and respond. See Rule 33-103.006, F.A.C.

(c) Grievance Appeals and Direct Grievances to the Office of the Secretary – Shall be responded to within 30 calendar days from the date of the receipt of the grievance. See Rule 33-103.007, F.A.C.

(d) Emergency Grievances – Shall be responded to within 15 calendar days of receipt pursuant to paragraphs 33-103.006(3)(a) and 33-103.007(6)(b), F.A.C.

(e) Emergency Grievances Alleging Substantial Risk of Imminent Sexual Abuse – corrective action shall be conducted within 48 hours and a response must be provided within 5 calendar days.

(4) The time limit for responding to grievances and appeals may be extended for a reasonable period agreeable to both parties if the extension is agreed to in writing by the inmate. Unless the grievant has agreed in writing to an extension, expiration of a time limit at any step in the process shall entitle the complainant to proceed to the next step of the grievance process. If this occurs, the complainant must clearly indicate this fact when filing at the next step. If the inmate does not agree to an extension of time at the central office level of review, he shall be entitled to proceed with judicial remedies as he would have exhausted his administrative remedies. The Bureau of Policy Management and Inmate Appeals will nevertheless ensure that the grievance is investigated and responded to even though an extension has not been agreed to by the inmate.

(5) If the 15th day referenced in paragraphs 33-103.011(1)(b), (c) and (d), F.A.C., falls on a weekend or holiday, the due date shall be the next regular work day.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.011, Amended 2-9-05, 3-25-08, 5-27-12, 11-7-12, 11-24-13, 4-20-14, 11-7-18.

33-103.012 Grievance Records.

(1) A log shall be made of each formal grievance, direct grievance, or appeal and shall contain, at a minimum, the following information:

(a) Inmate name;

(b) Prison number;

(c) Date that the grievance or appeal was received;

(d) Nature of the grievance or appeal and issue or question to be resolved;

(e) Disposition of grievance or appeal;

(f) Reasons for disposition;

(g) Date of disposition.

(2) This log shall be retained on file for a minimum of 4 years following final disposition of the grievance or appeal. Copies of all grievances or appeals that are filed shall be maintained on record for a minimum of 4 years.

(3) A log shall be made of each informal grievance and shall contain, at a minimum, the following information:

(a) Inmate name;

(b) Prison number;

(c) Date that the grievance or appeal was received;

(d) Staff member responsible in the particular area of the problem, the classification team, the appropriate section head, or other institutional staff who is to respond to the informal grievance.

(4) The Department shall maintain the confidentiality of inmate grievance records to the extent permitted under Florida law.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.012, Amended 2-9-05, 3-25-08.

33-103.013 Classification of Grievance.

Following receipt of the grievance or appeal, a computer generated receipt or part C of Form DC1-303 shall be completed and sent to the inmate except for grievances returned for one or more of the reasons cited in Rule 33-103.014, F.A.C. The subject area of the receipt shall indicate the major topic area of the grievance or appeal according to the following classifications:

(1) Transfers – Complaints or objections concerning movement to and from institutions and facilities.

(2) Program Assignments – Complaints or objections concerning work, education, housing and other assignments; custody and security classification, classification decisions and actions; progress reviews, protective custody.

(3) Communications – Complaints or objections concerning mail, visiting, telephones, packages, letters and requests to staff.

(4) Confinement – Complaints or objections concerning administrative and disciplinary confinement, privileges, program participation, living conditions.

(5) Discipline – Complaints concerning the entire disciplinary process, excluding specific complaints concerning the conditions of confinement.

(6) Institutional Operations – Complaints concerning clothing, sanitation, time schedules, general policies, heat and ventilation, safety, security matters, privileges, services and activities.

(7) Medical and Dental – All complaints concerning medical, dental, psychiatric and psychological services, and HIPAA.

(8) Legal – Complaints concerning sentence computation, release dates, gain time, jail time credits, religious, due process.

(9) Grievance Process – Forms unavailable, response not received.

(10) Complaints Against Staff – Discrimination, harassment, negligence, improper conduct or language.

(11) Personal Property – Loss, damage, confiscation, transfer of personal property.

(12) Food Service – Complaints concerning any aspect of food service.

(13) Miscellaneous – All other types of complaints not covered above.

(14) Admissible Reading Material: Complaints filed pursuant to Rules 33-103.009 and 33-501.401, F.A.C.

(15) ADA – Americans with Disabilities Act.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS., 45 C.F.R. Part 160, 164. History–New 10-12-89, Amended 12-22-92, 8-10-97, 2-18-99, Formerly 33-29.013, Amended 6-29-03, 2-9-05.

33-103.014 Reasons for Return of Grievance or Appeal Without Processing.

(1) The informal grievance, formal grievance, direct grievance, or grievance appeal, hereafter referred to as “grievance,” may be returned to the inmate without further processing if, following a review of the grievance, one or more of the following conditions are found to exist. The reasons listed below are the only reasons for returning a grievance without a response on the merits.

(a) The grievance addresses more than one issue or complaint.

(b) The grievance is so broad, general or vague in nature that it cannot be clearly investigated, evaluated, and responded to.

(c) The grievance is not written legibly and cannot be clearly understood.

(d) The formal grievance was not received within 15 calendar days of the date of the response to the informal grievance.

(e) The formal grievance was not received within 15 calendar days of the date on which the incident or action being complained about occurred, if an informal grievance was not filed pursuant to subsection 33-103.006(3), F.A.C.

(f) The inmate did not provide a valid reason for by-passing the previous levels of review as required or the reason provided is not acceptable. This evaluation is made on a case by case basis and the reasons for rejecting the complaint will vary with the facts alleged in the complaint.

(g) The grievance did not have the attachments required: informal grievance and response, except as allowed for in paragraphs 33-103.006(3)(a) through (h), F.A.C., or the formal grievance and response, except as provided for in subsection 33-103.007(6), F.A.C.;

(h) The direct grievance to the Office of the Secretary was not received within 15 calendar days of the date that the incident or action being grieved occurred; or

(i) The grievance appeal was not received within 15 calendar days from the date of the response to the formal grievance.

(j) The inmate has not filed his grievance at the location he is presently assigned to as required in subsection 33-103.015(4), F.A.C.

(k) The inmate has written his or her complaint outside of the boundaries of the space provided on the grievance form or request form.

(l) The inmate has used multiple copies of grievance forms rather than attachments as continuation sheets.

(m) A decision has already been rendered to an inmate by a particular office on the issue currently being grieved before it.

(n) The inmate is grieving a matter beyond the control of the Department as described in subsection 33-103.001(5), F.A.C.

(o) The inmate is raising allegations and charges in a grievance appeal that have not been raised below at the previous level. (Since this is an appellate review process and not a fact-finding process, it is not appropriate to raise new allegations, charges, and facts that the previous decision maker has not had an opportunity to investigate and respond to.)

(p) The inmate has filed more than one appeal of a grievance. This would not include the situation where an inmate wishes to appeal the denial of his grievance as well as allege non-compliance with the grievance process. Since these are two separate issues, they would have to be raised in separate grievances.

(q) The inmate has filed a supplement to a grievance or appeal that has already been accepted. An exception will be made when the supplement contains relevant and determinative information that was not accessible to or known by the inmate at the time the original grievance or appeal was filed.

(r) Complaints are raised by an inmate regarding incidents that do not affect the inmate personally.

(s) The inmate filed a grievance at the institutional level that should have been filed directly with the Office of the Secretary.

(t) The inmate used more than two (2) additional narrative pages.

(u) The inmate filed an informal grievance in excess to 20 days from the time the event being grieved occurred.

(v) The inmate is using the grievance process to ask questions or seek information, guidance or assistance.

(w) The inmate is filing an informal grievance about being physically restrained pursuant to Rule 33-602.211, F.A.C., either beyond the initial required timeframe without first requesting and obtaining an extension, or has filed beyond an approved 45 day extension.

(x) The inmate fails to use his committed name pursuant to Rules 33-603.101 and 33-103.006, F.A.C., when completing a grievance.

(y) The inmate submitted the grievance by placing it somewhere other than inside the grievance box.

(2) An inmate who has a grievance returned to him for reasons stated in subsection (1), above [excluding paragraphs (1)(d), (e), (h), (i), (m), (n), (p), (q), (r), (u), (v) or (w)] may refile utilizing the proper procedure or correct the stated deficiency and refile, but only if:

(a) The refiled grievance is refiled within the applicable time frame, or

(b) The inmate was granted permission to refile outside of the applicable time frame, and refiles within the extended time frame granted to the inmate as set forth in subsection 33-103.011(2), F.A.C. When a grievance is returned to an inmate for being improperly filed, the inmate shall be told why the grievance was returned and told that in order to receive administrative review of his complaint he must correct the defects and re-submit the grievance within the time frames set forth in Rule 33-103.011, F.A.C., unless instructed otherwise in the grievance response. Instructions to resubmit are not necessary if a grievance is returned for reasons stated in paragraphs (1)(d), (e), (h), (i), (m), (n), (p), (q), (r), (u), (v) or (w).

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, 5-10-98, Formerly 33-29.014, Amended 6-29-03, 2-9-05, 6-13-12, 11-7-12, 11-24-13, 11-7-18.

33-103.015 Inmate Grievances – Miscellaneous Provisions.

(1) Inmates shall be allowed to seek assistance from other inmates or staff members in completing the grievance forms as long as the assistance requested does not interfere with the security and order of the institution.

(2) Form DC6-236, Inmate Request, and Form DC1-303, Request for Administrative Remedy or Appeal, shall be available as a minimum from the institutional library, classification department, classification staff, and the housing officer of any living unit or confinement unit. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C.

(3) The warden, assistant warden or deputy warden (deputy warden applicable to private facilities only) is authorized to designate other staff to receive, review, and investigate any grievance of an institutional nature. The warden is authorized to designate the assistant warden or deputy warden (deputy warden applicable to private facilities only) to grant and implement relief as approved by the warden, except as to grievances involving discipline, grievances alleging violation of the Americans with Disabilities Act, grievances challenging placement in close management and subsequent reviews, grievances of an emergency nature, or grievances of reprisal that are filed directly with the warden. For grievances filed directly with the warden, the decision to approve, return, or deny the grievance shall be made by the warden; the assistant warden or deputy warden shall only be authorized to sign as acting warden in the warden’s absence, and must indicate “Acting Warden” beside his or her signature.

(4) All informal and formal grievances, except those administrative appeals filed directly with the Office of the Secretary, must be filed at the institution or facility to which the inmate is presently assigned. “Presently assigned” means the institution or facility in which the inmate is housed at the time he files either the informal or formal grievance. When either the informal or formal grievance complaint concerns an informal or formal grievance that occurred at another location, it shall remain the responsibility of the staff at the inmate’s present location to handle the informal or formal grievance. The final resolution of the informal or formal grievance is the responsibility of the warden at the institution to which the inmate is presently assigned. Direct contact with outside staff may be necessary in resolving the informal or formal grievance.

(5) The response to an informal grievance and a formal grievance shall include the following statement, or one similar in content and intent if the grievance is denied: You may obtain further administrative review of your complaint by obtaining Form DC1-303, Request for Administrative Remedy or Appeal, completing the form, providing attachments as required, and forwarding your complaint to the warden, assistant warden, deputy warden or the Bureau of Policy Management and Inmate Appeals.

(6) At no time will an inmate who is alleging that he was physically abused as described in Section 944.35(3), F.S., or alleging reprisal by staff, as defined in Rule 33-103.002, F.A.C., be directed to submit his or her grievance to the staff person who is the subject of the complaint, nor will the grievance be referred to a staff person who is the subject of the complaint.

(7) Writing paper and writing utensils shall be provided to those inmates who have insufficient funds in their accounts at the time the materials are requested if such are needed to prepare the grievance or grievance appeal. These supplies shall be available from the institution library, classification department classification staff, and the housing officer of any living unit or confinement unit.

(8) Copying services for documents to be included as attachments to a grievance or grievance appeal shall be handled according to Rule 33-501.302, F.A.C., except that copying services shall not be provided to make copies of Form DC6-236 or Form DC1-303, attachments that are a continuation of the request portion of Form DC6-236, or attachments that are a continuation of Part A of Form DC1-303.

(9) If an inmate files more than one grievance or appeal dealing with the same or very similar issues, the institution or central office has the option of consolidating these grievances for purposes of providing a response to the inmate.

(10) A copy of these rules shall be available for access by inmates at a minimum in the inmate library and from the housing officer of any confinement unit.

(11) Provisions shall be made to ensure that grievances submitted by confinement inmates are collected on a daily basis, and that those grievances which require mailing are processed in accordance with Rule 33-103.006, F.A.C.

(12) Staff shall respond to inquiries made by the Bureau of Policy Management and Inmate Appeals by the close of business on the seventh day after the request.

(13) If an inmate elects to withdraw a grievance they should notify staff using Form DC6-236, Inmate Request. The request should include the date the grievance was filed along with the subject matter of the grievance. Staff should indicate on the grievance log that the grievance was withdrawn at the request of the inmate along with the date of the request to withdraw.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.241 FS. History–New 10-12-89, Amended 1-29-92, 9-3-92, 12-22-92, 7-11-93, 5-3-94, 4-10-95, 9-23-96, 8-10-97, 12-7-97, 5-10-98, 2-17-99, Formerly 33-29.015, Amended 8-1-00, 10-11-00, 2-7-01, 5-27-02, 1-2-03, 2-9-05, 9-4-05, 10-28-07, 5-27-12, 11-7-12, 11-24-13.

33-103.016 Follow Through on Approved Grievances.

(1) Formal Grievance – Institution or Facility Level. All formal grievances that are approved at the institution or facility level shall be handled as follows:

(a) The employee approving the grievance shall complete Section I of Form DC1-306, Grievance Approval Action Form. Form DC1-306 is incorporated by reference in Rule 33-103.016, F.A.C. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399 and http://www.flrules.org/Gateway/reference.asp?No=Ref-01870. The effective date of the form is 11-12.

(b) The approving employee shall then send Form DC1-306 and a copy of the approved formal grievance to the grievance coordinator in the event they are not one and the same.

(c) The grievance coordinator shall complete Sections II, III and IV of Form DC1-306. The grievance coordinator shall then provide the form and a copy of the approved grievance to the staff member(s) assigned responsibility for implementing the approved action. The grievance coordinator shall monitor this process.

(d) The assigned staff member(s) shall complete Section V of Form DC1-306, stating what steps were taken to implement the approved action. This shall not be done until after the steps have been taken. The assigned staff member(s) shall have 30 calendar days from the date the grievance was approved within which to implement the approved action. In the event that actual implementation cannot be completed within the 30 day period due to circumstances beyond the control of department staff, the assigned staff member(s) shall indicate this and the reasons therefor in Section V within the 30 day period. The form shall be held by the assigned staff member until the corrective action has been taken.

(e) Form DC1-306 shall then be returned to the grievance coordinator who shall ensure that the warden completes Section VI of the form.

(f) The grievance coordinator shall complete Section VII of Form DC1-306, place a copy of the form in the grievance record log, and attach a copy of the form to the copy of the approved grievance in the inmate’s file. A copy of the form shall not be sent to central office.

(2) Appeals and direct grievances to the Office of the Secretary. All grievances that are approved by the Bureau of Policy Management and Inmate Appeals shall be handled as follows:

(a) The employee approving the grievance shall complete Section I of Form DC1-306.

(b) The approving employee shall then mail Form DC1-306, along with a copy of the approved grievance or appeal to the appropriate warden’s office.

(c) The warden shall forward Form DC1-306 to the institutional grievance coordinator who shall complete Sections II, III and IV of the DC1-306. The grievance coordinator shall then provide the form and a copy of the approved grievance to the staff member(s) assigned responsibility for implementing the approved action. The grievance coordinator shall monitor this process.

(d) The assigned staff member(s) shall complete Section V of Form DC1-306 stating what action was taken to carry out the approval. This shall not be done until after the action has actually been taken. The assigned staff member(s) shall have 35 calendar days from the date the grievance or appeal was approved within which to implement the approved action. In the event that actual implementation cannot be completed within the 35 day period due to circumstances beyond the control of department staff, the assigned staff member(s) shall indicate this and the reasons therefor in Section V. The form shall be held by the assigned staff member until the corrective action has been taken.

(e) Upon completion of the corrective action, Form DC1-306 shall then be returned to the grievance coordinator who shall ensure that the warden completes Section VI of the form.

(f) The grievance coordinator shall place a copy of the completed form in the inmate’s institutional file, retain a copy for his record, and forward the original form to the Chief of Policy Management and Inmate Appeals within 45 calendar days from the grievance approval date. The Chief shall ensure that the inmate grievance log in the Bureau of Policy Management and Inmate Appeals is updated and that a copy of Form DC1-306 is sent to the central office inmate file.

(g) In the event that the corrective action is taken prior to the response to the grievance or appeal and before the need to complete Form DC1-306, it is not necessary to complete the form.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 4-10-95, Amended 12-7-97, Formerly 33-29.0155, Amended 8-1-00, 1-1-01, 8-21-06, 3-25-08, 6-13-12, 11-7-12, 11-4-18.

33-103.017 Inmate Grievances – Reprisal.

(1) Inmates shall be allowed access to the grievance process without hindrance. Staff found to be obstructing an inmate’s access to the grievance process shall be subject to disciplinary action ranging from oral reprimand up to dismissal in accordance with rules 33-208.001-.003, F.A.C. Good faith use of or good faith participation in the grievance process shall not result in reprisal against the inmate.

(2) An inmate shall be subject to disciplinary action if the inmate knowingly includes false, threatening, obscene, or profane statements in the grievance or any of its attachments. In this instance the inmate shall be subject to administrative action in accordance with the provisions of Rules 33-601.301-.314, F.A.C., or criminal prosecution. Notwithstanding administrative or criminal proceedings, the grievance shall be responded to on its merits.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 12-22-92, 4-10-95, Formerly 33-29.016, Amended 10-11-00, 2-9-05, 10-28-07.

33-103.018 Evaluation of the Grievance Procedure.

The grievance procedure shall be reviewed at each institution through operational reviews conducted by the Regional Directors of Institutions. This evaluation shall include information obtained from a survey of staff and inmates, review of employees’ and inmates’ comments on the effectiveness and credibility of the procedure, on-site visits to institutions and facilities by staff of the Bureau of Policy Management and Inmate Appeals, and from requested reports prepared by the Bureau of Policy Management and Inmate Appeals.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 12-22-92, 4-10-95, Formerly 33-29.017, Amended 2-9-05, 5-27-12, 11-7-12.

33-104.101 News Media Visitors.

(1) Permission for visits by bona fide news media representatives shall not be unreasonably withheld. This shall apply for visits to inmates other than death sentence inmates with an active death warrant. Rules 33-104.201-.204, F.A.C., shall govern procedures for media interviews with inmates under sentence of death once an execution date has been set. It shall be the responsibility of the news media representatives requesting the visitation to present to the Office of Communications evidence sufficient to establish that such person is a bona fide news media representative and to provide the information sufficiently in advance that it may be verified.

(2) News media representatives consist of persons whose principal employment is gathering and reporting news for a:

(a) Radio or television program whose primary purpose is news reporting for a licensee of the Federal Communications Commission;

(b) Newspaper reporting general interest information news and circulated to the public in the community where it is published;

(c) News magazine that has a national circulation, is sold by mail subscriptions, or on newsstands to the general public; and

(d) National or international news service.

(3) News media visits to correctional facilities shall be pre-arranged with the Office of Communications. There are two (2) types of media visits allowed under this rule: Inmate Interviews and Program Visits. The following conditions apply to both types of visits:

(a) News media representatives shall be required to provide news station ID and two verifiable contacts for the media group they represent. Phone numbers for these contacts and for each member of a media crew must also be provided. If the contacts provided do not confirm the representative’s association with the respective media group, the representative shall be required to provide two additional contacts. If such contacts do not confirm the representative’s association with the respective media group, the interview shall be cancelled and the media representative shall not be permitted future interviews.

(b) Representatives of news media visiting a facility are subject to search pursuant to Rule 33-601.726, F.A.C.

(c) News media representatives must be escorted by staff. Random access not specific to the purpose of the visit is prohibited.

(d) During an emergency, news media representatives will be restricted to a designated media center.

(e) Media crews are limited to three (3) members.

(f) Attorneys, doctors, inmate family members, and victims or victim family members may not accompany media representatives on their visits.

(g) Each member of a media crew must fill out Form DC1-406, Media Access Background Form, and pass an NCIC/FCIC background check. Form DC1-406 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-01884. The effective date of this form is 12-12. Form DC1-406 remains valid for six months from the date of signature.

(h) Media representatives must provide identification upon entry into the prison facility.

(i) Foreign media representatives must have an I Visa on their passports.

(j) Media will be given 30 minutes for equipment setup.

(k) Interviews and photographs of on-duty staff shall be permitted only with prior authorization of the Office of Communications and the staff member.

1. Department employees are not permitted to accept compensation for on-duty news media interviews.

2. Photographing on-duty staff without their permission is prohibited.

3. Inmate are not allowed to accept compensation for media interviews.

(l) Privacy rights of inmates shall be observed by the media. No photographs, movie films, television tapes, or recordings may be made without the consent of the inmate involved.

(4) Inmate Interviews. Media representatives wishing to conduct in-person inmate interviews must:

(a) Write the inmate in accordance with the provisions of Rule 33-210.101, F.A.C., and request a handwritten, signed, and dated letter of consent from the inmate.

(b) Fax the inmate’s consent as well as the contact information required by paragraph (3)(a) of this rule to the Office of Communications. Media representatives should allow at least two weeks for the interview clearance process. In addition to the provisions of subsection (3) of this rule, the following conditions apply to all inmate interviews:

1. Phone interviews. Phone interviews are not coordinated through the Office of Communications. To obtain a phone interview, news media representatives must write the inmate and request to be added to his phone list. The inmate will call you collect at his discretion once you have been added. This process can take several months.

2. The following will result in cancellation of an inmate interview and may result in refusal of future interviews for both the individual media representative and the media group:

a. Submitting false or incomplete information on a background form.

b. Failure to comply with security procedures, including dress code and interview setup procedures.

c. Failure to comply with instructions of on-site security staff.

d. A request by the inmate at any time and for any reason to cancel the interview.

3. Media representatives shall not be given access to inmates in special housing, such as disciplinary or administrative confinement, protective management, close or maximum management, mental health housing or infirmaries or to inmates receiving hospital care.

4. Inmates are allowed only one hour-long interview per month.

5. Only bona fide news media representatives are permitted on-site, on-camera interviews with inmates.

6. All inmate interviews must be conducted for the purpose of gathering information for a media event. The Office of Communications strives to accommodate as broad a definition of media as possible.

7. The Florida Department of Corrections does not sign film crew or media location releases.

8. Visits may be authorized between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, provided the warden or designee determines that such visits would not impair or disrupt the normal operations or security of the facility and would not endanger the safety of the visitor.

9. Interviews shall not be allowed during inmate visitation.

10. No part of the institution may be filmed except the interior of the interview room.

11. Filming may only begin after the inmate has arrived and been seated. Close up shots of the prison sign at the institution’s entrance are permitted. No exterior shots of the institution will be permitted. Failure to comply constitutes a serious threat to security. Violators shall have their interview cancelled and shall not be permitted future interviews.

12. Foreign Press. In addition to all of the above, foreign press members must provide criminal history clearance from the official criminal history registry of their native country. Contact information for a representative from the agency that maintains that registry must also be provided. A legible copy of the foreign media representative’s passport must be submitted to the Office of Public Affairs.

13. Media representatives wanting to interview inmates housed at private facilities must contact the Florida Department of Management Services to arrange the interview.

(5) Program Visits – In addition to the provisions of subsection (3) of this rule, the following conditions apply to all program visits, which are visits to a volunteer or staff led inmate betterment program:

(a) News media visits to inmate programs must be pre-arranged with the Office of Public Affairs.

(b) Programs qualifying for media visits can have one (1) visit per month for up to four (4) hours. Media representatives will have no more than 30 minutes to set up equipment.

(c) Programs involving inmate mental and physical health information do not qualify for media visits.

(d) The volunteer or staff program leader must pre-approve a program visit.

(e) Inmates who do not want to appear on film must be able to attend a program that is the subject of a program visit, and such inmates may not be filmed during the visit. Inmates shall be asked in advance of each program visit to sign Form DC6-236, Inmate Request, indicating consent to be videotaped. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. Inmates who decline to provide written consent to be filmed shall be grouped together in a section during the program visit, and media representatives shall be advised not to film this group during the visit. Department personnel shall immediately stop any interview or program visit if it is discovered that a media representative is disregarding the wishes of an inmate who has not consented to being on camera.

(f) Department personnel shall immediately stop any interview or program visit if the media are refusing to cooperate with staff.

(g) Filming is allowed only in the program area and not on the open compound.

Rulemaking Authority 944.09 FS. Law Implemented 922.11, 944.09, 944.23 FS. History–New 10-16-83, Amended 6-20-85, Formerly 33-5.14, 33-5.014, Amended 10-30-02, 3-9-10, 12-30-12.

33-104.201 Representation of News Media at Executions.

(1) Representatives of the news media may be present at the executions of offenders sentenced to death. The representatives of the news media shall be chosen as follows:

(a) The Director of the Florida Radio Network may designate one news reporter to be its media representative.

(b) The Florida Bureau Chief of the Associated Press Wire Service may designate one news reporter to be its media representative.

(c) The Florida Association of Broadcasters, through its Executive Vice-President, may designate five pool news reporters to be the representatives for radio and television media within the State, including one from within the county where the offense occurred.

(d) The Florida Press Association, through its Executive Director, may designate five pool news reporters to be the representatives for newspapers within the State, including one pool reporter from a newspaper published within the county where the offense occurred.

(2) The names of the news reporters who will represent each of the above-mentioned classes of news media and designated alternates shall be sent in writing to the Secretary of the Department of Corrections and signed by the person authorized to make the designation. Only properly designated representatives or their designated alternates whose names are received by the Secretary at least seven (7) working days prior to the execution, or a shorter time period when determined necessary by the Secretary, shall be admitted to witness the execution. In the event that any designee fails to appear as set out in Rule 33-104.202, F.A.C., the next available alternate designated for such class shall be admitted to attend in the absent designee’s place.

(3) In the event that more than one execution is conducted in any single day, the same media representatives shall be the designees for those executions, with the exception of the representatives of the county newspaper and county broadcaster if the crimes of offenders to be executed occurred in different counties.

(4) In the event of a stay, the same media witnesses will be retained so long as the execution is rescheduled and held within sixty (60) days.

Rulemaking Authority 944.09 FS. Law Implemented 922.11, 944.23 FS. History–New 10-11-77, Amended 3-10-80, Formerly 33-15.01, 33-15.001, Amended 8-4-08.

33-104.202 Procedures to be Applied to News Media Representatives Attending Executions.

(1) The following procedures shall apply to representatives of the news media who are selected to witness executions:

(a) The media representatives shall sign in at Florida State Prison one (1) hour prior to the time set for execution.

(b) No electronic or mechanical devices, including but not limited to still, moving picture or video-tape cameras, tape recorders or similar devices, cell phones, or artistic paraphernalia, will be permitted in the execution observation room.

(c) News media representatives will be escorted as a group to the main prison building, where they will be cleared for security purposes. After clearing security, the media group will be escorted to the execution observation room by correctional staff.

(2) The failure to comply with these procedures, Department or institution rules, or directions of authorized staff may cause the individual in question, at the discretion of the Secretary, the warden or a deputy designated by him, to be refused admittance to witness the execution. If already admitted, the individual may be removed therefrom, and shall not be eligible to attend future executions without specific approval of the Secretary.

(3) Offenders sentenced to death will be permitted to final statements immediately before execution if they wish.

(4) When execution procedures are complete, news media representatives will immediately be escorted out of the prison by correctional staff.

Rulemaking Authority 944.09 FS. Law Implemented 922.11, 944.23 FS. History–New 10-11-77, Amended 3-10-80, Formerly 33-15.02, 33-15.002, Amended 8-4-08.

33-104.203 News Media Access to Inmates Under Sentence of Death.

(1) Regularly scheduled news media interviews with inmates under sentence of death will be permitted each week on Tuesday, Wednesday and Thursday, between the hours of 1:00 p.m. and 3:00 p.m., and will be contingent upon the consent of the inmate. If a state holiday falls on Tuesday, Wednesday or Thursday, the warden may set interviews on another day during the week at his discretion. The warden may authorize additional visits if staff are available and the need exists.

(2) The Secretary may temporarily suspend news media interviews with inmates under sentence of death if an extraordinary situation has developed in the prison which creates a substantial risk or danger to persons, property, or security.

(3) During the calendar week of a scheduled execution, all regularly scheduled news media interviews with offenders sentenced to death are cancelled.

(4)(a) During the calendar week of the execution, the offender sentenced to death will be allowed to have one (1) group interview with a total of thirty media representatives and one (1) individual interview with a news media representative selected by the offender sentenced to death, provided the inmate requests said interviews in writing no later than one (1) week after an execution date is set.

(b) The group and individual interviews shall be conducted within forty-eight (48) hours prior to the scheduled time of execution at a place and time designated by the warden of Florida State Prison and shall not exceed one (1) hour each in duration.

(c) Within a reasonable period of time prior to the scheduled group interview, the Secretary or a person designated by the Secretary will notify the office of the Director of the Florida Radio Network, the office of the Florida Bureau Chief of the Associated Press Wire Service, the Florida Association of Broadcasters, and the Florida Press Association of the date, time and place of the group interview. A total of thirty media representatives will be permitted to attend the group interview. The Florida Radio Network and the Associated Press will each be entitled to two representatives at the group interview. The Florida Association of Broadcasters and the Florida Press Association will each be permitted to designate thirteen representatives and designated alternates. Such representatives may include photographers, cameramen and sound operators, and they may bring and use a reasonable amount of appropriate equipment and paraphernalia.

(d) Representatives selected for the individual interview, including print media, radio and television representatives, may use the following: a tape recorder, camera, and sound equipment. Representatives may designate the following to assist during the interview: a bona fide still photographer, a technical assistant, a camera operator, and sound operator.

(5) In the event of a stay of execution after interviews have taken place, additional group media and one-on-one interviews will not be permitted if the execution is rescheduled within two weeks of the original execution date. An additional group media and one-on-one interview will be permitted if a new execution date is later than two weeks from the stayed date.

Rulemaking Authority 944.09 FS. Law Implemented 922.11, 944.23 FS. History–New 3-10-80, Formerly 33-15.03, 33-15.003, Amended 3-22-05, 8-4-08.

33-104.204 Evidence of Entitlement to Access.

It is the responsibility of any person requesting access under Rules 33-104.201, 104.202 and 104.203, F.A.C., to present evidence sufficient to establish to the warden that he is entitled to access under the provisions of those Rules, and to present it sufficiently in advance of visitation that it may be verified.

Rulemaking Authority 944.09 FS. Law Implemented 922.11, 944.23 FS. History–New 7-6-80, Formerly 33-15.04, 33-15.004.

33-202.101 Public Hearings on Community Correctional Centers.

(1) A public hearing will be held at a preselected site located in the county where a community correctional center is to be established.

(2) The Department of Corrections will run legal ads in the local paper in the area to announce the hearing. The ads will be run once a week for two consecutive weeks with the last ad appearing two weeks prior to the hearing.

(3) The format for the hearing shall be a presentation by the Department of Corrections explaining the community correctional program and proposed site selection, with an opportunity for discussion to follow.

(4) The proponents and opponents of the establishment of a community correctional center in the county will then be given the opportunity to present their cases. Individuals or groups will be allowed an attorney or spokesman. Equal opportunity will be given both the proponents and opponents to present their statements. The time allowed for the hearing shall be held to a maximum of 3 hours.

Specific Authority 944.033 FS. Law Implemented 20.315, 944.033 FS. History–New 10-8-76, Formerly 33-10.01, Amended 7-6-97, Formerly 33-10.001.

33-203.101 Canteen Operations.

(1) Canteens are to be operated primarily to provide convenience items to inmates.

(2) Each inmate shall be allowed to purchase canteen merchandise on a weekly basis in an amount not to exceed $150. A weekly limit will be recommended by the Canteen Review Team, based upon current canteen product mix and current resale prices, and approved by the Secretary. A two-week notice of any changes to the weekly limit will be posted on inmate bulletin boards and at each canteen.

(3) Current price lists will be posted near each canteen for inmates to view.

(4) Items Authorized for Sale in Canteens.

(a) Items that are approved but not stocked in the canteen shall be available to permanently assigned inmates for order from an approved vendor (selected by statewide bid) on a quarterly basis during the months of February, May, August and November.

(b) Inmate orders shall be disapproved for one or more of the following reasons:

1. Insufficient funds in inmate account at the time the order is processed. Such orders shall not be resubmitted by the inmate during that quarterly period.

2. Inmate is not permitted to purchase the requested item or items due to the inmate’s confinement status.

3. Inmate has been recommended for loss of order privileges for a specified cycle due to a disciplinary infraction, except that the inmate may purchase stamps, white paper, envelopes, and pens.

4. Inmate is placing the order for another inmate.

5. Inmate is not permanently assigned.

(c) It is the intent of the Department to permit the transfer of items included on this list from institution to institution.

(5) Inmate Salaries. An inmate may receive compensation from the General Revenue Fund if the inmate is actually performing canteen or canteen support functions. The monthly rate of pay shall not exceed $75.00.

(6) All exchanges of cash shall be recorded by signed receipts. Inmate operators will be given receipts when cash or any other negotiables are turned in for deposit and all employees subsequently handling such cash and negotiables must account for it by receipt.

(7) Keys to canteen facilities will be rigidly controlled. Only the canteen operator should be issued keys. An additional key should be stored in the security office for emergency access on a restricted basis only.

(8) All material shortages of inventory or money at the canteens will be formally investigated by local investigators immediately upon determining that a shortage exists. A formal investigation must include the appointment of an investigating officer and the preparation of records reflecting all aspects of the investigation, including the placement of responsibility for the shortage where possible. If the report reflects negligence on the part of an employee or inmate, the Regional Director or warden will recoup the shortage from that person or persons. If the investigation and any subsequent action does not result in recoupment of the shortage, the report will be forwarded to the Inspector General in Central Office for further disposition. Disciplinary action will be taken against inmates found to be negligent.

Rulemaking Authority 944.09, 945.215 FS. Law Implemented 20.315, 944.09, 945.215, 946.002 FS. History–New 1-20-86, Formerly 33-3.035, Amended 11-21-91, 5-25-95, 11-13-95, 5-28-96, 2-12-97, Formerly 33-3.0035, Amended 11-18-02, 12-2-03, 12-14-04, 6-16-05, 11-29-06, 11-9-08, 6-8-10, 8-7-24.

33-203.201 Inmate Trust Fund.

(1) The provisions of this rule will regulate monies received for the personal use or benefit of inmates.

(a) Inmate Trust Accounts. Inmates may establish a demand deposit account, hereinafter referred to as an inmate trust account, through the Inmate Trust Fund at the Bureau of Finance and Accounting, Inmate Trust Fund Section. If an inmate establishes an inmate trust account through the Inmate Trust Fund, such funds will not accrue interest to the inmate.

1. The Department may invest, through the State Treasurer, funds on deposit in the Inmate Trust Fund in excess of the cash needed to meet the current needs of the inmates. Interest earned on investments of money from the Inmate Trust Fund may be used to replace any funds belonging to an inmate that are stolen, lost, or otherwise misappropriated from the inmate’s trust account through no fault of the Department or its employees, and which cannot be replaced by appropriated funds, insurance payments, or other available resources.

2. Pursuant to Section 944.516, F.S., each inmate will be charged an administrative processing fee of no more than $6.00 per month for services related to his or her inmate trust account. The fee will be based upon account activity for the month. An inmate whose account has no activity for the month will not be assessed a fee for that month. An inmate will be charged one percent of his or her total weekly canteen purchases and $0.50 for each deposit. Inmates housed at Community Release Centers will be assessed a $1.00 fee for each weekly cash draw. All administrative processing fees are waived for Veterans of the United States Armed Forces who notify and provide documentation to the Department that they have received an honorable discharge from military service.

3. In an effort to detect and aid in the prevention of the fraudulent use of an inmate’s trust account, the Department will conduct monthly reviews of Inmate Trust Fund transactions. Suspicious activity will be reported to the Office of the Inspector General to determine whether additional investigation is warranted.

4. The Department may place a hold or freeze on an inmate’s trust account upon the written request of a law enforcement agency or the Department’s Office of the Inspector General due to an active investigation. The written request must be submitted to the Bureau of Finance and Accounting, Inmate Trust Fund Section. The hold or freeze will remain in place until the Bureau of Finance and Accounting, Inmate Trust Fund Section receives written notice from the appropriate authority to remove it.

(b) Individual Bank Account at a Private Financial Institution. Inmates may establish personal accounts with a bank, savings and loan association, or similar private financial institution.

1. An inmate’s right to establish an account with a private financial institution does not in any way diminish the provisions of Rule 33-602.203, F.A.C., Control of Contraband, which limits and controls the amount of money an inmate may have in his or her possession; Rule 33-602.201, F.A.C., Inmate Property, which does not allow inmates to possess checks, credit cards, debit cards, or other negotiables; or, Rule 33-602.207, F.A.C., Conducting Business While Incarcerated, which prohibits an inmate from establishing or actively engaging in a business while incarcerated.

2. The Department will not be responsible for transactions between inmates and private financial institutions or for financial transactions between inmates and other parties.

(2) Deposits. An inmate may receive funds for deposit into his or her inmate trust account only from individuals who, pursuant to Rule 33-601.716, F.A.C., are identified on the inmate’s automated visiting record, and who have a current “approved” status. Deposits from individuals will be received and processed by the contracted vendor through online, telephone, kiosks, or mailing of money orders, cashier’s checks, or certified bank drafts only (no cash or personal checks allowed). A newly received inmate may receive funds from any remitter for up to 60 days from the date of reception or up to the date the inmate’s automated visiting record is established, whichever occurs first.

(a) Money Orders, cashier’s checks, or certified bank drafts must be made payable to the contracted vendor and will be deposited into the Inmate Trust Fund. The sender must legibly complete all fields on the vendor-supplied money order deposit form for inmates, including the date and amount sent; the money order, cashier’s check, or certified bank draft number; the inmate’s full name, DC number, and current facility; and the sender’s full name, date of birth, mailing address, and telephone number. Money order deposit forms may be obtained from the contracted vendor; any institution or facility; the Bureau of Finance and Accounting, Inmate Trust Fund Section, Centerville Station, P.O. Box 12100, Tallahassee, Florida 32317-2100; or the Department’s public website. The completed money order deposit form must be mailed to the vendor along with the money order or cashier’s check at the address provided on the form. In addition, the sender must provide a clearly legible, valid copy of their driver license, state identification card, or Passport. If a legible, valid copy of the sender’s driver license, state identification card, or passport is not enclosed, the funds will be returned to the sender. If the vendor is unable to determine the appropriate inmate recipient, the funds will be returned to the sender with a request for additional information necessary to process the deposit. If the vendor is unable to determine the correct inmate recipient and the funds are nonreturnable because the sender did not provide a valid return address, the funds will be held in a vendor designated account until the sender or recipient inmate is identified. If neither the sender nor the recipient can be identified within one year, the vendor must escheat the funds to the state as unclaimed funds held by a government agency in accordance with Section 717.113, F.S. Validated funds will become available for the inmate’s use within ten working days after receipt by the vendor. Every effort will be made to have funds available sooner. Money orders, cashier’s checks, and certified bank drafts from family and friends mailed to institutional or other Department addresses, including the Bureau of Finance and Accounting, Inmate Trust Fund Section will be returned to the sender. Letters or notes included with payments will not be considered and will be discarded.

(b) Deposits from governmental agencies, transfers from private correctional facilities and county jails, checks from charitable organizations, and checks from business accounts should be mailed to the Inmate Trust Fund address: Florida Department of Corrections, Inmate Trust Fund, Centerville Station, P.O. Box 12100, Tallahassee, FL 32317-2100. For purposes of this paragraph, business accounts include accounts administered by corporate trustees. Business checks in the amount of $400 or more posted to an inmate’s trust account will be held for 10 days before the funds will be released. If department staff are unable to determine the appropriate inmate recipient, the money will be returned to the sender with a request for additional information necessary to process the deposit. If department staff are unable to determine the correct inmate recipient and the funds are nonreturnable because the sender did not provide a valid return address, the money will be held in a clearing account until the sender or recipient inmate is identified. If neither the sender nor the recipient can be identified within one year the Department will escheat the funds to the State as unclaimed funds held by a government agency in accordance with Section 717.113, F.S.

(c) Charitable organizations will be permitted to deposit funds into an inmate’s trust account subject to the provisions of this rule and provided the charitable organization:

1. Is a charitable organization as defined in Section 496.404(1), F.S.; or

2. Is actively registered with the Florida Secretary of State or comparable state entity; or

3. Possesses and maintains a valid Internal Revenue Code 501(c)(3) certificate as evidenced by an affirmation letter, a copy of which must accompany any deposit.

(d) In accordance with 38 U.S.C.S. 5301, United States Department of Veterans Affairs (VA) benefit checks are exempt from attachment, levy, or seizure. The Department will not deduct payments for liens on the inmate’s trust account for medical co-payments, legal copies, or other Department generated liens from VA benefits checks mailed from the VA directly to the Bureau of Finance and Accounting, Inmate Trust Fund Section, Centerville Station, P.O. Box 12100, Tallahassee, FL 32317-2100.

(e) If an inmate does not wish to deposit his or her monies into the Inmate Trust Fund, the inmate must advise the donor of the funds to send them directly to a private financial institution of his or her choice. This option will not be available when an inmate is on work release or a similar paid work program. In such case, the provisions of Rule 33-601.602, F.A.C., will apply. An inmate on work release must submit his or her full pay for deposit in the Inmate Trust Fund. In the case of inmates who are paid via EFT, the funds will be deposited into the Inmate Trust Fund and the same provisions of Rule 33-601.602, F.A.C., will apply.

(3) Authorized Disbursements and Use of Funds.

(a) Canteen Limit and Cash Draws. Inmates with sufficient balances in their inmate trust accounts after all debts against the account have been satisfied will be allowed to spend an amount not to exceed $150 per week for personal use subject to the provisions of Rule 33-203.101, F.A.C. Inmates on work release with sufficient balances in their inmate trust accounts will be allowed to request a weekly draw not to exceed $150 per week for personal use subject to Rule 33-601.602, F.A.C.

(b) Special Withdrawals. An inmate may request a special withdrawal of funds in addition to the authorized canteen limit and weekly draws for a purpose authorized by Department rules. Inmates requesting a special withdrawal must submit a completed Form DC2-304, Inmate Trust Fund Special Withdrawal, with any supporting documentation to the warden, or to his or her designee who must be the rank of Correctional Officer Major or higher, for review. The warden, or his or her designee, will approve or deny the request. Form DC2-304 is hereby incorporated by reference and may be obtained from any institution or facility or from the Forms Control Administrator, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14122. The effective date of this form is 03/22. Special withdrawals include:

1. Financial Support/Gift – a special withdrawal payable to an individual for financial support or as a gift will be limited to those approved visitors listed in the inmate’s automated visiting record described in Rule 33-601.716, F.A.C.

2. Bill Payment – a special withdrawal for the payment of bills must include a copy of the invoice or statement along with a completed Form DC2-304. Payments will be processed from the inmate’s trust account and will be mailed directly to the payee. The Department will not be liable for any late fees, penalties, or other charges related to the late payment of an invoice or statement.

3. Legal Fees – a special withdrawal for the payment of legal fees and costs must include a copy of the invoice or statement, when available, along with a completed Form DC2-304. Payments will be processed from the inmate’s trust account and will be mailed directly to the law firm or legal office. The Department will not be liable for any late fees, penalties, or other charges related to the late payment of an invoice or statement.

4. Magazines/Books – a special withdrawal for the purchase of magazines or books must include a copy of the invoice and/or order form, when available, along with a completed Form DC2-304. Payments will be processed from the inmate’s trust account and will be mailed directly to the magazine or book company. The Department will not be liable for any late fees, penalties, or other charges related to the late payment of an invoice or statement.

5. Tithe/Donation – a special withdrawal for the payment of a tithe or donation will be processed from the inmate’s trust account and will be mailed directly to the organization.

6. Religious Items – a special withdrawal for the purchase of religious items will be processed from the inmate’s trust account and will be mailed directly to the vendor.

7. Birth Certificate – a special withdrawal for obtaining an inmate’s birth certificate will be processed from the inmate’s trust account and will be mailed directly to the responsible agency.

8. Deposits to an Inmate’s Private Financial Institution – a special withdrawal for the purpose of making a deposit into an inmate’s personal account with a private financial institution will be drawn upon the inmate’s trust account by check made payable to the private financial institution that the inmate has chosen. The inmate’s name will be referenced, and the payment will be mailed directly to the private financial institution.

9. Inmate Funds Transfer to Other Incarcerated Family Member – an inmate requesting funds be sent to another incarcerated family member must obtain approval from the wardens at both institutions. Approval will be documented either by the wardens’ signatures on Form DC2-304 or via e-mails from the wardens indicating approval attached to Form DC2-304.

10. Canceled Checks/Stop Payments – when an inmate requests a copy of a canceled check or requests to stop payment on a check, the inmate will be responsible for the fees charged to process the transaction.

11. Community Release Centers – a special withdrawal request from an inmate housed at a Community Release Center will follow the guidelines set forth in Rule 33-601.602 F.A.C.

(c) The Department will make every reasonable effort to process special withdrawal requests within 10 days from the date the inmate’s written request on Form DC2-304 is received in the Department’s Inmate Trust Fund office.

(d) The inmate is responsible for ensuring that a request for a special withdrawal complies with the provisions of this rule, includes a legible and complete Form DC2-304, and includes any additional or required documentation. A special withdrawal request that fails to comply with any provision of this rule will be returned to the inmate without action.

(4) Each facility that houses inmates on work release will establish an inmate check cashing procedure with a local bank or business so that inmates can cash checks authorized by the facility or the Bureau of Finance and Accounting, Inmate Trust Fund Section. Under no circumstances will an employee of the Department or privately operated work release center countersign or endorse an inmate’s check for the purpose of cashing such check.

(5) When an inmate being released from the custody of the Department has a Trust Fund Account balance exceeding $1.00, the inmate’s Trust Fund Account will be reviewed to determine the amount (if any) that may be issued as an advance from the Trust Fund Account. Any advance and/or any release gratuity for which the inmate is eligible will be paid to the inmate at the at the time of release. The balance of the trust account will be paid to the inmate within 45 days after the inmate’s release. If at the time of an inmate’s release, deposits of checks or other negotiable instruments have been made to the inmate’s trust account but have not cleared the account of the payor, funds equal to the amount of the uncleared deposits will be retained in the inmate’s trust account until the deposits clear. Any balance due the inmate after the deposits have cleared will then be paid to the inmate. If funds remain unclaimed after a period of one year, the balance will escheat to the State as unclaimed funds held by a government agency pursuant to Section 717.113, F.S. Inmates being released from a Community Release Center may receive funds pursuant to this rule and Rule 33-601.602, F.A.C.

(6) Upon the death of any inmate affected by the provisions of this section during the period of incarceration, all funds in the inmate’s trust account in excess of $1.00 will be held pending official notification from the personal representative of the inmate. Any unclaimed money held for an inmate in trust by the Department or by the State Treasurer will be applied to the payment of any unpaid state claims against the inmate. If funds remain unclaimed after a period of one year, the balance will escheat to the State as unclaimed funds held by a fiduciary pursuant to Section 944.516, F.S.

(7) When an inmate escapes and is not captured within 30 days, the Bureau of Classification Management will notify the Bureau of Finance and Accounting, Inmate Trust Fund Section. Any balance in the escapee’s inmate trust account in excess of $1.00 will be forwarded to the person designated on the inmate’s notification record. If this person cannot be located after reasonable efforts, the funds will be held for one year and, if unclaimed, will escheat to the State pursuant to Section 717.113, F.S.

(8) The Bureau of Finance and Accounting will conduct periodic reviews of Inmate Trust Fund financial statements to determine whether any shortages exist. Any shortage will be resolved in accordance with Section 944.516, F.S. If fraudulent activity is suspected, the Bureau Chief of Finance and Accounting, or his or her designee, will file an incident report with the Inspector General’s Office. The Inspector General’s Office will process the incident report and forward the results to the Bureau of Internal Audit. The Bureau of Internal Audit will audit the findings and make a recommendation to the Chief of Finance and Accounting. The audit will be conducted in accordance with Sections 20.055 and 944.516, F.S.

(9) Notice to the Department of an adverse claim against funds held by an inmate in the Inmate Trust Fund will not cause the Department to recognize the adverse claimant unless the adverse claimant is the State of Florida (hereinafter referred to as “claimant”) and the claim is:

(a) a cost judgment entered by a state or federal court against the inmate in a civil or criminal action brought by the inmate;

(b) a cost judgment entered by a state or federal court against the inmate in an appeal of a civil or criminal action brought by the inmate; or

(c) the result of any other monetary judgment, order, or sanction imposed by a court against the inmate.

(10) Any cost judgment or other monetary judgment, order, or sanction imposed against an inmate as described in subsection (9) above will be paid by offsetting the amount of the judgment or monetary order or sanction against the inmate’s funds in his or her inmate trust account in the following manner:

(a) The attorney representing the State in such civil or criminal action or appeal must file with the Office of the General Counsel, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, a true copy of the judgment or other monetary order or sanction that has been entered by the appropriate court, together with a cover letter stating the date and amount of the judgment, monetary order, or sanction, or the balance remaining if less than the face amount thereof, as well as the attorney’s name, address, and telephone number. The attorney must also certify in the letter that:

1. He or she has been employed by the State to handle such action;

2. The enclosed copy of the judgment or other monetary order or sanction is a true and accurate copy thereof as actually entered by the court;

3. The judgment or relevant order is final; and

4. A copy of the letter, together with a copy of the judgment or relevant order has been furnished to the inmate at his or her last known address as indicated in the attorney’s records.

(b) Upon receipt of the above documents, the Office of the General Counsel will determine if the inmate is still in the custody of the Department. If the inmate is not in the custody of the Department, the Office of the General Counsel will advise the attorney of that fact and, if known, advise the attorney of the last known forwarding address of the inmate. If the inmate is in the custody of the Department, the Office of the General Counsel will forward the letter and a copy of the judgment or relevant order to the Bureau of Finance and Accounting, Inmate Trust Fund Section.

(c) Once the Bureau of Finance and Accounting, Inmate Trust Fund Section, receives the letter and a copy of the judgment or relevant order, a withdrawal from the inmate’s trust account will be processed. A copy of the attorney’s letter or the letter from the probation and parole field office and a copy of the judgment or relevant order will be given to the inmate upon his or her request.

(d) If there are sufficient funds in the inmate’s trust account to satisfy the amount shown as due or the remaining balance as stated by the attorney, the appropriate Inmate Trust Fund staff will promptly cause a check to be issued payable to the claimant and will send the check to the claimant. The check will be drawn and credited against funds in the inmate’s trust account.

(e) If there are insufficient funds in the inmate’s account to satisfy the amount shown as due or the balance remaining as stated by the attorney, a check will be issued payable to the claimant for the amount contained in the inmate’s trust account, and a lien will be established against the inmate’s account for the balance due. Each time that the inmate receives funds in his or her account, payment will be disbursed to the claimant until the debt is satisfied. The lien will remain on the inmate’s trust account until sufficient funds have been paid to satisfy the full amount due. If the inmate is released from the custody of the Department before he or she has paid the full amount due, upon the inmate’s release a notice will be sent to the attorney or probation and parole office advising the attorney or office of the inmate’s release, the inmate’s last forwarding address, if known, and the fact that the inmate has not paid the full amount due. A copy of this notice will be placed in the inmate’s file. The lien will remain on the inmate account unless the Inmate Trust Fund is notified that the court order has been nullified, the obligation has been paid in full, or the inmate is deceased.

(11) Inmates will be provided a monthly trust account statement reflecting all transactions and activity in the inmate’s trust account for the previous month. If an inmate disputes a transaction, or if additional information is needed about a transaction, the inmate must submit Form DC6-236, Inmate Request, no later than sixty days after the date of the first statement on which the disputed item appeared. A Form DC6-236 that disputes a transaction on an inmate’s trust fund statement that is received by the Bureau of Finance and Accounting, Inmate Trust Fund Section, beyond the sixty-day period will be denied and returned to the inmate without further action. The Form DC6-236 must provide sufficient detail to allow for auditing. The disputed item will be investigated, and any errors will be corrected promptly. If it takes more than ten working days to resolve the dispute, a written notification of the delay will be provided to the inmate. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(12) When necessary to meet state or federal requirements for demonstrating indigence to the courts, and upon presentation of information demonstrating that litigation is pending (e.g., case number (if known), name of court, completed affidavit of indigency) attached to Form DC6-236, an inmate will be provided a copy of a printout showing his or her trust fund activity for the previous six months. Application of this provision is limited to requests that specifically state a printout is necessary for this purpose. The printout will be provided to the inmate by classification staff at the institution within ten working days of receipt of the request. When necessary to meet time constraints within the court system, the printout will be provided by other available means. Copies will be limited to one per month. Copies will be authorized in accordance with Rule 33-501.302, F.A.C.

Rulemaking Authority 944.09, 944.516, 945.091, 945.215 FS. Law Implemented 17.61, 20.315(12), 57.085, 717.113, 944.09, 944.516, 945.091, 945.215 FS. History–New 1-27-86, Amended 7-16-89, 5-1-90, 3-2-92, 6-2-92, 8-25-92, 10-19-92, 4-13-93, 5-28-96, 6-15-98, Formerly 33-3.018, Amended 5-7-00, 7-13-03, 10-20-03, 1-23-05, 5-12-05, 11-12-06, 9-2-08, 5-26-09, 7-1-13, 3-11-14, 8-15-17, 3-29-22, 5-16-24.

33-203.601 Employee Benefit Trust Fund.

(1) The purpose of the Trust Fund shall be to:

(a) Construct, operate, and maintain training and recreation facilities at correctional facilities for the exclusive use of department employees. Any facility constructed using funds from the Employee Benefit Trust Fund is the property of the department and must provide the maximum benefit to all interested employees, regardless of gender.

(b) Provide funding for employee appreciation programs and activities designed to enhance the morale of employees.

(2) The Employee Benefit Trust Fund shall be established in the Bureau of Finance and Accounting. Oversight and administration of the Fund shall be the responsibility of the Central Office Employee Benefit Trust Fund Team (Central Office Team). The primary function of the Central Office Team will be to standardize the operation of the Employee Benefit Trust Fund. The Central Office Team’s responsibilities shall include authorizing disbursements from the Fund, reviewing and approving the number and location of vending machines and canteens, recommending staffing patterns, and performing a monthly review of checks written. The Central Office Team shall be comprised of four members appointed by the Secretary.

(3) An Institutional Employee Benefit Trust Fund Team (Institutional Team) appointed by the warden will be established at each institution. Each Institutional Team will make recommendations to the Central Office Team for employee benefit projects and for the number and location of vending machines and canteens. Each Institutional Team shall also, as to its institution, review canteen operations, establish inventory levels, and develop a methodology to establish pricing. Each Institutional Team shall be made up of the following staff members:

(a) The warden, chair;

(b) A security representative from each unit, annex or work camp;

(c) A representative from classification;

(d) The general services specialist; and,

(e) One institution employee.

(4) Local institutions are authorized to submit money to the Trust Fund from the following sources:

(a) Proceeds of vending machines, staff canteens, or other such services not intended for use by inmates;

(b) Donations, except donations by, or on behalf of an inmate.

(5) Disbursements from the Fund will be authorized for the purchase of items for resale or operating supplies as approved by the Central Office Team and expenditures that are in accordance with authorized uses of the Fund. Local bank accounts shall be established at each institution for the purchase of items for resale or operating supplies. Local bank accounts are to be approved by the Central Office Team.

(6) The Central Office Team will establish an amount to be retained in each local account. Funds in excess of operating needs will be transferred to the central account. The central account shall be designated and maintained by the Central Office Team.

(7) Institutions requesting to withdraw money from the fund for purchases not assigned to their level of approval shall submit a request to the Central Office Team describing the need for the funds and cost estimate for the project.

(8) The Central Office Team shall review each request to ensure that the purpose of the expenditure is in accordance with authorized uses of the fund and to ensure that the institution has sufficient funds earmarked for the amount of the withdrawal.

Rulemaking Authority 945.215, 945.21501 FS. Law Implemented 945.215, 945.21501 FS. History–New 4-13-08, Amended 6-7-12, 3-10-13, 7-17-13, 11-6-13, 1-5-14, 9-18-16.

33-203.701 Personal Vehicle Damage Reimbursement Claims.

(1) Pursuant to Section 944.0611, F.S., employees of the Department of Corrections who are required to use their personal vehicles in the performance of their duties are allowed to file claims for damages made to their personal vehicles while on state business.

(2) Responsibilities.

(a) An employee whose vehicle is damaged while on duty shall make a full written report describing the incident to his or her immediate supervisor within 72 hours.

(b) To qualify to be reimbursed for any deductible claim, the claimant shall have in effect, prior to any accident under which a deductible reimbursement is sought, an automobile insurance policy issued by an insurance company authorized to operate by Florida law. Such policy shall be inclusive of property damage or collision coverage upon his or her vehicle for which he or she seeks to claim reimbursement of a deductible amount. The Department shall not be required to pay any deductible reimbursement in excess of six hundred dollars ($600).

(c) To request reimbursement for damage to his or her personal vehicle, an employee must submit the following documentation to his or her immediate supervisor within 30 days following the incident.

1. A copy of the initial written report as described in paragraph (2)(a).

2. Receipt for payment of vehicle repair and documentation of insurance deductible.

3. A copy of the police report.

4. A copy of the vehicle registration form.

5. A copy of the leave and attendance report and travel reimbursement for the time in which the incident occurred.

Rulemaking Authority 944.0611 FS. Law Implemented 944.0611 FS. History–New 3-17-96, Amended 11-16-97, Formerly 33-4.014, Amended 2-8-07, Formerly 33-208.401.

33-203.801 Restitution Claims.

(1) The following definitions shall be used herein for the purposes of addressing restitution claims:

(a) “Agency” means the Department of Corrections.

(b) “Claimant” means any person who submits a restitution claim alleging property damages and/or direct medical expenses for his or her injuries under Section 402.181, F.S.

(c) “Incident” means the occurrence of property damage and/or direct medical expenses for injury resulting from the same or similar event or occurrence in time.

(d) Inmate” means any person(s) in the care and custody of the Department of Corrections.

(e) “Preponderance of the evidence” means the party bearing the burden of proof must present evidence which shows that the fact to be proven is more probable than not.

(f) “Restitution” means recompense for injury or loss.

(g) “Restitution claim” means any reimbursement claim resulting from property damages and/or direct medical expenses for injury caused by an inmate that has not been restored or recompensed through another entitlement.

(2) A claimant filing a restitution claim under Section 402.181, F.S., with the Agency, has the burden to provide a preponderance of the evidence to prove:

(a) That the action(s) of an inmate is the direct cause of claimant’s property damages; and

(b) The monetary amounts of the claimant’s damages.

(3) Only one restitution claim can be submitted per claimant per incident.

(4) The maximum restitution amount per claimant per incident may not exceed $1,000.00.

(5) Restitution claims must be submitted to the Agency using the State Institution Claim Program Form (“Claims Form”) DC2-379, effective 01/22, incorporated here by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-13991.

(a) A complete State Institution Claims Program Form must be received by the Agency, in accordance with the instructions on the form, within 90 calendar days from the date of the incident that caused the property damage and/or medical injury. Any Claims Form received after 90 calendar days of the incident must be denied.

(b) The State Institution Claims Program Form is considered complete when it is received by the Agency with all required fields filled out, including all required documentation attached.

(c) Once the Agency has received a complete Claims Form, it must make a determination on the restitution claim within 60 calendar days. The 60 days may be tolled:

1. For 21 calendar days from the date the Agency issues a request for additional information to the claimant or legal representative. If the Agency has not received the additional information within the 21 calendar days, the Agency will make a determination on the claim based solely upon the information it has been provided.

2. Whenever a claimant requests compensation for the same incident not pursuant to Section 402.181, F.S., for the period of time until such claim is resolved and until the Agency is notified thereof by claimant.

Rulemaking Authority 402.181(3) FS. Law Implemented 402.181 FS. History–New 2-2-22.

33-204.002 Food Services – Definitions.

For the purposes of this chapter:

(1) “Master menu” means a standardized menu for all inmates, based on the Dietary Reference Intakes established by the Food and Nutrition Board of the National Academy of Sciences, that is certified for nutritional adequacy by a registered dietitian licensed in Florida who is employed by the Department.

(2) “Therapeutic diet” means a diet that is prescribed for medical reasons and is designed to meet the requirements of a given medical condition. All menus for therapeutic diets shall be planned, analyzed and certified as to nutritional adequacy by a licensed registered dietitian employed by the department.

(3) “Alternate entree” means the substitute non-meat entree offered at meals.

(4) “Master Menu Committee” refers to the committee of staff members responsible for developing the Master Menu.

(5) “Vegan meal pattern” refers to a meal pattern that excludes all animal byproducts. Inmates who wish to be on the vegan meal pattern must submit Form DC6-236, Inmate Request, to the food service director at the facility where the inmate is housed. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. Inmates who choose the vegan meal pattern shall not be permitted to eat from the regular menu or choose the alternate entrée and are subject to removal from the pattern pursuant to Rule 33-204.003, F.A.C.

(6) “Food Service Director” refers to the Department staff member who is in charge of food service operations at a facility and who is under the direct supervision of the assistant warden of operations.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-18-89, Amended 7-21-97, Formerly 33-30.002, Amended 8-9-00, 11-16-00, 10-2-01, 2-18-02, 7-2-03, 11-1-04, 3-3-10, 12-30-12.

33-204.003 Food Services – Standards of Operation.

(1) General. Inmates shall receive three meals per day. The meals shall be provided at regular meal times during each 24-hour period, with a period of no more than 14 hours between the end of the evening meal and the beginning of the morning meal, weather and security permitting. Holiday substitutions that deviate from the master menu must be approved in advance by the institutional warden, work release center major, or drug treatment center chief correctional officer. Prescribed therapeutic diets shall be available to all inmates with a current diet prescription.

(2) Confinement and special housing units.

(a) All inmates in confinement and special housing shall receive normal institutional meals as are available to the general population, except that if any item on the normal menu or any food utensil might create a security problem in the confinement area, then another item of comparable quality or other appropriate utensils shall be substituted. Substitutions shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(b) Upon entering confinement or special housing, an inmate shall designate his or her singular choice of the regular menu, alternate entrée, or vegan meal pattern. The inmate may voluntarily alter this choice by submitting Form DC6-236, Inmate Request, to the food service director every 30 days. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(c) Hot food served in satellite food operations shall be protected from contamination in transit and shall be served at temperatures set by the Department of Health.

(d) The provisions of Rule 33-602.223, F.A.C., shall be utilized in placing inmates on the special management meal.

(e) Food shall not be withheld, nor the standard menu varied, as a disciplinary sanction or as a reward for good behavior or work for an individual inmate.

(3) Menus. The Dietary Reference Intakes of the Food and Nutrition Board – National Academy of Sciences shall serve as the standard for the preparation of menus and the evaluation of menus served. The Dietary Reference Intakes of the Food and Nutrition Board are hereby incorporated by reference. A copy of the Dietary Reference Intakes may be obtained from the Bureau of Contract Management and Monitoring, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The Dietary Reference Intakes were copyrighted in 2004.

(a) The master menus reviewed by the master menu committee shall be used by all institutions and facilities within the department. The master menus shall be reviewed at least annually by the department’s master menu committee to determine the need for adjustments based upon cost, nutritional value, equipment capabilities, product availability and staff determined inmate preferences.

(b) Food preparation and service shall be scheduled to ensure that food is served as soon after completion of preparation as possible and at the appropriate temperature.

(c) Meals shall be prepared and served in accordance with the master menu in effect. No specially prepared meals shall be served except those approved therapeutic diets that are prescribed by the attending physician, clinical associate or dentist.

(d) The master menu shall be adhered to except that specific menus and menu items are subject to change by the person in charge of food service at each facility due to production or equipment problems, non-delivery of ingredients or food items, security issues, use of farm produce or USDA commodities, or as authorized by the warden. When menu substitutions are required, the substitutions will be from the same food group as the original menu item. The master menu manual provides a list of appropriate substitutions within food groups. Adequate amounts of food must be prepared to serve all inmates according to the master menu.

(e) All vegetables shall be prepared without meat, animal fat, meat-based broth, margarine or butter to be suitable for religious and strict vegetarian diets.

(f) Food and beverage shall not be consumed in food preparation areas.

(g) Leftover foods must be labeled with the contents, date and time of production and handled in accordance with the provisions of subsections 64E-11.004(3) and 64E-11.004(14), F.A.C. Food Hygiene. Subsections 64E-11.004(3) and 64E-11.004(14), F.A.C., are hereby incorporated by reference. Copies of these rules are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02067. The effective date of these rules is 7-14-2003.

(h) Toilet and hand-washing facilities shall be readily available to food service staff and inmate food handlers. Food service staff and inmate food handlers are required to wash their hands prior to reporting to duty and after using toilet facilities.

(i) A copy of Chapter 64E-11, F.A.C., Food Hygiene, will be available for reference at each department food service facility.

(4) Vegan meal pattern. Inmates may choose the vegan meal pattern by submitting Form DC6-236, Inmate Request, to the food service director at the facility where the inmate is housed, and shall indicate if they are participating as a vegan. An inmate who is transferred to another facility shall be allowed to continue the vegan meal pattern at the new facility by showing the inmate request that was approved by the previous food service director until his request is approved by the new food service director.

(a) The following inmates shall be removed immediately from the vegan meal pattern:

1. Inmates observed eating from the regular menu;

2. Inmates observed eating the alternative entrée; and

3. Inmates who are not on the meal pattern for religious reasons and who intentionally purchase, possess, or consume items from the canteen that contain any animal products or byproducts.

(b) Staff shall document the incident on Form DC6-210, Incident Report. Such inmates shall be ineligible to reapply for the vegan meal pattern for six months after involuntary removal.

(c) An inmate who voluntarily requests to be removed from the vegan meal pattern may not reapply for the pattern for a minimum of 30 days.

(5) Therapeutic Diets. Therapeutic diets for medical or dental reasons shall be provided as ordered by a Department of Corrections credentialed physician, clinical associate (physicians assistant, advanced registered nurse practitioner) or dentist. All orders for therapeutic diets shall be in writing. Non-standard therapeutic diets shall be approved by the public health nutrition program manager and the regional medical executive director. Therapeutic diets shall be served for a maximum of 90 days. Diets extending for periods longer than 90 days shall require a new diet order from the attending Department of Corrections credentialed physician, clinical associate (physicians assistant or advanced registered nurse practitioner) or dentist. Diet prescription orders must be received in food services prior to the expiration of the current prescription to avoid interruption of the therapeutic diet. The Public Health Nutrition Program Manager and the Public Health Nutrition Consultants shall be available for consultation by health and food service personnel regarding therapeutic diets.

(6) Religious Diets. The alternate entree and the vegan meal pattern provides meal options for the religious requirements of inmates.

(7) Meal attendance for inmates on the vegan meal pattern or a therapeutic diet shall be tracked using Form DC4-668, Diet Attendance Roster. Form DC4-668 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://www.flrules.org/Gateway/reference.asp?No=Ref-01869. The effective date of the form is 12-12.

(a) An inmate on the vegan meal pattern who misses 10% or more of his or her vegan meals within a month will be removed from the vegan meal plan and may not re-apply for a minimum of six months.

(b) An inmate on a therapeutic diet who, following the orientation, misses 10% or more of his or her meals during the first month, or misses nine meals in any calendar month thereafter, is subject to disciplinary action.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-18-89, Amended 7-21-97, Formerly 33-30.003, Amended 8-9-00, 11-16-00, 10-2-01, 2-18-02, 7-2-03, 11-1-04, 2-27-05, 10-16-05, 1-17-06, 4-27-09, 3-3-10, 7-18-10, 12-30-12, 5-15-14.

33-204.005 Cash Meals and Special Group Meals.

(1) The cost of meals for employees or volunteers shall be borne by the individual being provided with the meal, except as provided in subsection (2) of this section. Employees or volunteers served meals shall be charged a predetermined amount as determined by the Secretary.

(2) Wardens are authorized to provide meals free of charge to the following groups:

(a) Volunteers who are providing goods or services free of charge as provided in Section 110.501, F.S., when the volunteers are working at the institution at least two hours prior to or subsequent to a meal period;

(b) Members of advisory boards or committees consisting of professionals who render a service to the department for which they are not additionally compensated nor being paid per diem at state expense;

(c) Law enforcement personnel of other agencies who are rendering emergency assistance to the department;

(d) Department of Corrections’ staff when involved in the apprehension of an escapee beyond the normal tour of duty, or when an employee is unable to be released from duty due to a departmental emergency.

Rulemaking Authority 944.09 FS. Law Implemented 110.502, 110.504, 944.09 FS. History–New 1-18-89, Formerly 33-30.005, Amended 5-21-00, 6-26-03, 10-24-04, 4-23-09.

33-205.101 Private Correctional Facilities ‒ Requests for Proposals, Contracts, Construction, and Operation.

(1) The Department of Corrections is authorized to contract for the operation of adult institutions, community correctional centers, vocational centers, youthful offender institutions, mental health treatment facilities, probation and restitution centers and other treatment programs. Inmates housed in private facilities shall be classified in the same manner as inmates housed in department facilities and provided in Rule 33-601.210, F.A.C.

(2) Requests for Proposals and Contracts.

(a) The Department of Corrections shall develop requests to receive proposals (RFP’s) from prospective vendors for the construction and operation of a new facility, operation of existing facilities as private correctional facilities or contracting for beds in a facility operated by a private contractor. These RFP’s shall require that vendors comply with all mandatory and essential standards of the American Correctional Association, all federal and state constitutional requirements, local, state, and federal laws, all court orders and consent decrees of any litigation to which the Department of Corrections is a party, and the rules of the Department of Corrections as they relate to the type of facility on which the RFP is issued.

(b) The response to the RFP shall become a part of the contract and shall be monitored pursuant to the contract. The contracts executed pursuant to the RFP shall be with the vendor and may not be assigned. Any other entities providing goods or services pursuant to these contracts shall be considered to be subcontractors to the vendor and not in privity with the state.

(3) Physical facility requirements. Physical facility requirements shall be the same as those for comparable department facilities. The contract and RFP shall contain detailed descriptions of these requirements so as to ensure the same care, custody and control of those inmates housed in the private facility as required of department facilities housing the same classifications of inmates. The vendor must conform to the requirements set forth in the contract unless a prior approval for a deviation is received from the Department of Corrections. The Department shall approve such deviations only after determining that the same services and programs can be provided by the modified facility.

(4) Critical staffing levels. Prototype staffing shall be provided unless the department grants a deviation after determining that the same level of services and programs can be provided by the vendor at a modified level.

(5) Maximum capacity levels. The RFP and contract shall establish a level of design and maximum capacity consistent with comparable department facilities pursuant to Rule 33-601.210, F.A.C., and shall set forth a detailed description of these requirements.

(6) Minimum program offerings. Each facility shall provide, at a minimum, the following inmate programs:

(a) Work programs;

(b) Orientation;

(c) Pre-release;

(d) Religious services;

(e) Recreation;

(f) Leisure time activities;

(g) Substance abuse treatment;

(h) Education;

(i) Citizen volunteer programs.

(7) Provision of health services. The contractor shall be responsible for the provision of health care services to inmates consistent with Chapter 33-401, F.AC., at a level which is equal to or better than that required in the RFP or contract. The program shall comply with all rules, statutes, regulations, and other legally mandated requirements in effect prior to and during the life of the contract.

(a) The contractor shall provide an operations manual for the medical program which shall address at a minimum the following:

1. Job qualifications and descriptions;

2. Inpatient care procedures;

3. Outpatient care procedures;

4. Management of sick call;

5. Chronic disease management;

6. Infection control;

7. Quality assurance;

8. Medical emergencies;

9. Diagnostic services;

10. Mental health services;

11. Dental care;

12. Medical records;

13. Hazardous waste disposal.

(b) The contractor shall provide a listing of services and resources to be provided by subcontractors to the private vendor.

(c) Safety and security arrangements in all instances of inmate transfer for inpatient or outpatient care shall be the responsibility of the contractor and shall be consistent with (12) of this rule.

(d) Inmates transferred to outside medical facilities for diagnostic, outpatient or inpatient care shall be transported and supervised by the contractor at its expense and in accordance with (12) of this rule.

(e) The contractor shall be responsible for that portion of outside hospital inpatient medical treatment cases as outlined in the RFP and agreed upon in the contract. The cost of providing security for the entire period of transportation and visit shall be borne by the contractor.

(8) Provision of food services. The vendor shall provide a food services program which is in conformance with Chapter 33-204, F.A.C. The vendor shall provide all food, staffing and supervision of preparation for the total delivery of food service, either directly or through subcontracts.

(9) Inmate disciplinary procedures. Private contractors shall comply with disciplinary procedures as set forth in Rules 33-601.301-.314, F.A.C.

(10) Confinement. The following rules of the department shall be applicable to inmates in confinement status in private facilities:

(a) Administrative confinement – Rule 33-602.220, F.A.C.;

(b) Protective management – Rule 33-602.221, F.A.C.;

(c) Disciplinary confinement – Rule 33-602.222, F.A.C.;

(d) Close management – Rule 33-601.800, F.A.C.

(11) Community release and furloughs. Inmates incarcerated in private facilities may leave the grounds of the facility for community release pursuant to Rule 33-601.602, F.A.C., or for furloughs pursuant to Rule 33-601.603, F.A.C.

(12) Transportation of inmates. Inmates shall be transported by private contractors only in medical situations or when the inmate’s presence constitutes a threat to the security and order of the institution. Inmates shall be transported by the contractor when so ordered by a court. Any transportation of an inmate shall be subject to review and approval of the department pursuant to Rule 33-601.601, F.A.C.

Rulemaking Authority 944.719 FS. Law Implemented 944.719 FS. History–New 10-17-90, Amended 3-24-97, Formerly 33-32.002.

33-208.001 Personnel – General.

(1) Designation as Law Enforcement Officers.

(a) The following officers and employees of the Department of Corrections are designated as law enforcement officers: Secretary; Deputy Secretary; Assistant Secretary of Community Corrections; Assistant Secretary of Institutions; Deputy Assistant Secretary of Institutions; Regional Directors; Correctional Security Administrator; wardens of all institutions and community facilities; the staff of all institutions and community facilities, including road prisons, vocational centers, community correctional centers, women’s adjustment centers and probation and restitution centers, excluding clerical and secretarial employees; Community Corrections Regional Directors; Circuit Administrators, Supervisors and Officers; Inspector General; Deputy Inspector General; and Correctional Inspectors.

(b) In addition, the Secretary, Deputy Secretary, Assistant Secretary of Institutions, Regional Directors, and wardens of institutions and community facilities may temporarily designate any employee of the Department of Corrections as a law enforcement officer during the period of time that an employee assists the Department of Corrections with a situation or condition which, in the discretion of the Secretary, Deputy Secretary, Assistant Secretary of Institutions, Regional Director or warden, constitutes an emergency or could develop into an emergency.

(2) Issuance of Firearms and Other Weapons.

(a) The foregoing designation as a law enforcement officer does not empower any employee to carry a firearm or other weapon on or about his person, either concealed or unconcealed, unless it is state equipment which has been properly issued to him and he is acting within the scope or course of his official duties with the Department of Corrections.

(b) Firearms or other weapons will be issued to an employee only upon instructions of the Secretary, Deputy Secretary, Assistant Secretary of Institutions, Regional Directors, wardens, Officers-in-Charge, or Chief Correctional Officers to the Armory Officers or other designated subordinate officers in the chain of command. All employees not normally issued firearms or other weapons may be issued firearms or other weapons for training purposes or in an emergency such as an escape, disturbance or riot if circumstances dictate a necessity for issuing firearms or other weapons.

(c) Firearms and other weapons shall be issued only to those employees who are engaged in weapons training or who have received training in the use of such firearms and weapons and who are certified or qualified to use such firearms and weapons.

(3) Responsibility for Inmate Custody and Security. All employees of the Department of Corrections, except secretarial and clerical employees, whose duties and responsibilities involve direct contact with inmates at any time, are deemed to have the primary and essential duty and responsibility of maintaining physical custody and security of such inmates 100 percent of the time.

(4) Responsibility for Conduct of Employees, Inmates and Others.

(a) No Administrator, warden, Officer-in-Charge, Supervisor, or other employee shall knowingly permit any subordinate, inmate or other person to, nor shall he, commit any act or engage in any conduct which would violate any state statute, rule, directive or policy statement. The administration and enforcement of all such statutes, rules, directives and policy statements, except as may be otherwise provided herein, shall be a basic responsibility of all Administrators, wardens, Officers-in-Charge and Supervisors.

(b) All Administrators, wardens, Officers-in-Charge and Supervisors shall ensure that proper reports of violations and investigations thereof are maintained in inmate and employee record jackets.

(5) Conduct of Volunteers and Non-DC Employees. All rules, directives, and policy statements governing conduct of Department of Corrections employees apply to volunteers and non-DC employees, violation of which may result in immediate removal from the institution or office and future denial of access to such area by the Administrator, warden, Officer-in-Charge or Supervisor.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 790.001(8), 944.09, 944.14 FS. History–New 10-8-76, Amended 2-17-77, Formerly 33-4.01, Amended 7-12-86, 6-13-88, Formerly 33-4.001, Amended 7-19-12.

33-208.002 Rules of Conduct.

The Department of Corrections requires all employees to familiarize themselves with all rules and regulations pertaining to their positions and duties, and requires all employees to abide by these rules and regulations. The following rules of conduct and performance standards are applicable to all employees both on and off the job. Some of these rules of conduct are restated in abbreviated form in Rule 33-208.003, F.A.C. However, all rules of conduct, procedures, post orders, regulations, directives and policy statements are enforceable by appropriate disciplinary action.

(1) Each warden, officer-in-charge, circuit administrator, supervisor, or designated central office staff shall be responsible for ensuring that each employee under his or her supervision, before assuming the duties of his or her employment, is familiar with all rules and regulations of the Department that pertain to such employee and to the protection, custody, control, care, and treatment of persons under his or her supervision. Employees shall familiarize themselves with and comply with all such rules, procedures, post orders, regulations, directives and policy statements during his or her employment. Copies of the rules and regulations shall be made available for inspection by all employees.

(2)(a) Each employee shall make a full written report of any of the following within 24 hours or upon reporting to work for his or her next assigned shift, whichever is sooner when:

1. A criminal charge was filed against the employee, or the employee becomes aware that he or she is the principal in a criminal investigation.

2. The employee was arrested or received a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, or ordinance, except minor violations for which the fine or bond forfeiture is $200 or less.

3. Any status change in any case arising out of circumstances described in subparagraphs (2)(a)1. and (2)(a)2. above, to include any pleadings filed, appearances made, dates set, sanctions ordered, and decisions rendered.

4. Knowledge of any violation of the law, or any rules, directives, or procedures of the Department.

5. Knowledge that a business associate, relative, or co-resident of the employee was placed under Department supervision. “Business associate” means any person or entity engaged in or carrying on a business enterprise with a Department employee as a partner, joint venturer, corporate shareholder where the shares of such corporation are not listed on any national or regional stock exchange, or co-owner of property. “Relative” means any person who is related to a Department employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister. “Co-resident” means any person who resides in the same household or residence with a Department employee.

(b) For an employee outside of central office, this report shall be submitted to the warden, regional director, or circuit administrator. For an employee in central office, this report shall be submitted to the employee’s bureau chief or director.

(3)(a) All employees shall keep themselves physically fit and mentally alert, shall perform their duties fairly and impartially, and shall conduct themselves both on-duty and off-duty so as to command the respect of fellow employees, inmates, offenders subject to community supervision, and the general public. Each employee’s conduct shall at all times maintain proper security and welfare of Department institutions, facilities, grounds, buildings, property, inmates, inmates, offenders subject to community supervision.

(b) Supervisors of employees shall not fraternize or have a dating relationship with employees they directly supervise or who are supervised by subordinate supervisors in their chain of command.

(c) Each employee shall comply with the grooming, clothing, and uniform standards outlined in Rule 33-208.101, F.A.C.

(4) Each employee must immediately report for duty when instructed to do so in time of emergency or potential emergency.

(5) No employee shall solicit or accept a gift or any compensation from, trade or barter with, or present a gift to, an inmate, an inmate’s family, a person under the supervision of the Department, his or her family, or any other person on behalf of an inmate or person under supervision, except as deemed appropriate and approved in writing by the warden, officer-in-charge, or circuit administrator, or supervisor.

(6) No employee shall refuse to truthfully answer questions specifically relating to the performance of his or her official duties.

(7) Upon proper notice to an employee occupying state-owned housing, such housing is subject to reasonable inspections at least annually for maintenance and sanitation purposes. “Proper notice” for the purpose of maintenance and sanitation inspections pursuant to this section is notice given at least 12 hours prior to the entry.

(8) No employee shall willfully or negligently treat an inmate in a cruel or inhuman manner, nor shall profane or abusive language be used in dealing with an inmate or person under the employee’s supervision.

(9) No employee shall report for duty or exercise supervision or control over any person while under the influence of a narcotic, barbiturate, hallucinogenic drug, central nervous system stimulant, or any intoxicant. However, in the event any of the foregoing is legally prescribed and administered to an employee, the employee shall report this to the circuit administrator, officer-in-charge, or supervisor and provide him or her with a prescription receipt detailing the type of medication, the dosage, and the possible side effects. The circuit administrator, officer-in-charge, or supervisor, taking into consideration the potential side effects and their possible impact on the employee’s duties, shall then determine whether the employee can perform his or her duties without detrimental effect. No employee shall refuse to submit to a blood alcohol test, ordered by a supervisor who is at least one level of supervision higher than the immediate supervisor of the employee in question, to measure the employee’s alcohol blood level when reporting for duty or while on duty if the circuit administrator, officer-in-charge, or supervisor has reason to believe that the employee is under the influence of alcohol. Such a reason to believe that an employee is under the influence of alcohol is based upon the following factors:

a. Observable phenomena while at work, such as direct observation of alcohol use or the physical symptoms or manifestations of being under the influence of alcohol including without limitation, slurred speech, bodily odor, inability to walk a straight line/staggered gait, exaggerated or excited state of emotions, abnormal, bizarre or erratic behavior, involvement in a physical or verbal altercation, rapid and/or dramatic mood swings or significant deterioration in work product;

b. Information obtained from a reliable and credible source which has been independently corroborated, such as through the discovery of physical evidence;

c. Observation or evidence of the possession, sale, solicitation, transfer, ingestion of alcohol during working hours or while on the Department premises or while operating the Department’s vehicles, machinery, or equipment;

d. Possession of paraphernalia normally associated with improper or unauthorized use of alcohol; and/or

e. A traffic or occupational accident where one or more of the above factors is present.

(10) No employee shall be insubordinate, neglectful, or unwilling to follow lawful orders or perform officially designated duties.

(11) No employee shall willfully or negligently permit an inmate to escape.

(12) No employee shall falsify reports or records.

(13) No employee shall sleep while on duty.

(14) No employee shall apply physical force to the person of an inmate except as provided in Rule 33-602.210, F.A.C., or to any other person under the employee’s supervision except and only to the degree that it reasonably appears to be necessary for self-defense, to prevent escape, to prevent injury to a person or damage to property, to quell a disturbance, or when an inmate exhibits physical resistance to a lawful command. When force becomes necessary, a detailed written report shall be made by the employee to the warden who shall have an investigation made and shall approve or disapprove the force used. The employee’s report, together with the warden’s written approval or disapproval of the force used and his reasons therefore, shall be forwarded and distributed in accordance with Rule 33-602.210, F.A.C.

(15) No employee shall recommend or furnish any advice concerning the retention of a legal or bonding firm or a specific lawyer or bondsman to an inmate, a person under the employee’s supervision, or to anyone else on such individual’s behalf.

(16) Violence, fighting, horseplay and threatening or interfering with other employees at any time on Department property, or at any other place while on duty, will not be tolerated.

(17) Gambling of any kind on Department property, or at any other place while on duty, will not be tolerated.

(18) Employees shall not reveal to unauthorized persons confidential information held by the Department.

(19) No employee shall knowingly submit inaccurate or provide untruthful information for or on any Department record, report, or document.

(20) No employee shall be tardy, absent, or depart from work early without the permission of the employee’s supervisor. Every employee shall observe time limitations on rest and meal periods. Each employee shall notify his or her immediate supervisor or designated representative prior to the employee’s scheduled work shift in the event the employee expects to be absent from duty due to illness or other reason.

(21) No employee shall solicit funds or services, sell tickets, or distribute petitions or literature for any purpose other than official business on Department property, or at any other place while on duty, except that an employee may engage in such activities on Department property when off-duty (before or after work, while on lunch hour, or during breaks) provided advance permission is obtained from the employee’s supervisor. Such permission shall be given by the supervisor if such solicitation is legal, if no employee is approached with a solicitation while on duty, and if such solicitations are conducted courteously without pressuring any employee to participate.

(22) Every employee shall comply with safety regulations and must promptly report any illness or injury sustained while on duty to the appropriate supervisor.

(23) Employees shall not use Department materials, equipment, or facilities for personal purposes. No employee shall occupy, use, or operate any Department property, equipment, or facility without prior authorization.

(24) Every employee has the responsibility to protect and safeguard Department property and the person and property of inmates and employees. No employee shall be in unauthorized possession of any property of the Department, its inmates, persons under its supervision, or other employees, regardless of value, or attempt to remove such property from the Department premises.

(25) Unauthorized possession or use of firearms or other weapons on Department property, or at any other place while on duty, is prohibited.

(26) Employees shall maintain a professional relationship with all persons in the custody or under the supervision of the Department and with their immediate family and visitors. No personal or business relationships are permitted. Marriage between employees and inmates is not permitted.

(27)(a) No employee shall refuse to submit to a search or inspection by authorized Department staff of his or her person, personal property, or vehicle when entering, exiting, or otherwise being upon the premises of a Department institution or facility. Refusal to submit to such searches or inspections is considered a serious form of insubordination.

(b) All employee property that is introduced into the secure perimeter such as purses, briefcases, lunch boxes, or bags is subject to search at any time by a Department employee of the rank of a correctional officer or higher or other individual authorized to conduct the search.

(c) All employees shall be subject to some form of metal detection search, and items in their possession or on their person shall be inspected prior to entering a Department institution or facility. Employees may also be subject to a clothed pat search as a part of the routine search process. Exterior layers of clothing and accessories such as gloves, scarves, jackets, coats, sweaters, footwear, and any approved head covering shall be removed and inspected upon request during the metal detection process and during clothed pat searches. Clothed pat searches shall include manual and visual inspection of an employee’s hair, hair piece, toupee, wig, hair extensions, facial hair, and scalp. Metal detection and clothed pat searches conducted prior to entry to a Department institution or facility shall be performed by an employee of the rank of correctional officer or higher or other individual authorized to conduct the search.

(d) Based on the criteria set forth below, when authorized Department staff suspects that an employee is involved in the unauthorized or unlawful possession or movement of any unauthorized item into or out of a Department institution or facility, the officer-in-charge may request authorization from the warden or duty warden to conduct a more intensive search than is normally required. An intensive search may include a search of the employee’s person, including the visual inspection of an employee’s unclothed body, and the search of the employee’s vehicle and any locker, desk, or storage space assigned to or used by the employee.

(e) An intensive search of an employee’s vehicle or any locker, desk, or storage space assigned to or used by the employee shall only be authorized by the warden or duty warden based on one or more of the following:

1. A K-9 alert;

2. A drug ion scanner alert;

3. Credible information compiled, analyzed, or disseminated in an effort to anticipate, prevent, or monitor criminal activity obtained from the Department’s Office of Intelligence, or a federal, state, or local law enforcement agency that has been vetted through the Department’s Office of Inspector General.

(f) An intensive search of an employee’s person shall only be authorized by the warden or duty warden based on one or more of the following:

1. An employee’s failure to clear approved security devices, including a cell phone tower or metal detector; or

2. The detection of a foreign object during a routine clothed pat search.

(g) When an intensive search of an employee’s person, vehicle, or any locker, desk, or storage space assigned to or used by the employee is authorized, the employee shall be informed of the reason for the search and of the name of the official ordering the search before the search begins.

(h) When an intensive search includes the employee’s assigned locker, desk, or storage space provided by the Department, the employee should be present during the search. However, if the employee is unavailable and the delay required to wait for his or her presence would jeopardize the effectiveness of the search, or if the employee’s presence would jeopardize the effectiveness of the search, the search shall be conducted without the employee present. In such cases, the reasons for conducting the search in the employee’s absence shall be documented and submitted by the officer-in-charge to the warden for review.

(i) Before an intensive search of an employee’s person that involves the visual inspection of the employee’s unclothed body may proceed, the employee must either give his or her consent to the search or a search warrant must be obtained authorizing the search.

(j) Any search of an employee’s person that involves the visual inspection of the employee’s unclothed body must be approved by the warden or duty warden and shall be conducted in private and out of the sight and hearing of other employees and inmates. Such searches must be conducted, observed, and supervised by at least two employees of the same sex as the employee being searched, one of whom must be at least the rank of correctional officer lieutenant, unless a same sex correctional officer lieutenant or higher is unavailable and the delay required to wait for his or her presence would jeopardize the effectiveness of the search. No more than three staff members shall be involved in the unclothed body search of an employee. Group unclothed body searches of employees are not permitted.

(k) If at any time during any search criminal activity is suspected, the search process shall be suspended and the Office of the Inspector General and, if appropriate, local law enforcement, must be notified to conduct any further investigation.

(l) The results of an intensive search of an employee’s person, vehicle, or any locker, desk, or storage space assigned to or used by the employee shall be verbally reported to the officer-in-charge immediately upon completion of the search. This shall be followed with a written report from the officer-in-charge to the warden.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS. History–New 10-8-76, Amended 10-11-77, 4-19-79, 6-18-83, Formerly 33-4.02, Amended 8-15-89, 10-20-90, 3-20-91, 1-30-96, 3-24-97, 4-19-98, Formerly 33-4.002, Amended 7-17-02, 4-5-04, 4-17-06, 11-6-08, 3-9-10, 6-3-21, 12-31-24.

33-208.003 Range of Disciplinary Actions.

Violations of the foregoing Rules of Conduct as well as other departmental and institutional policies will result in disciplinary actions, which may be by written reprimand, suspension, demotion or dismissal.

Any employee who feels that unjust disciplinary action has been given has the right to submit a grievance as established by the grievance procedures of the Department of Corrections. For disciplinary actions involving, suspension, demotion, or dismissal, permanent Career Service employees have the right to appeal to the Public Employees Relations Commission. Violation of more than one rule shall be considered in the application of discipline and may result in greater discipline than specified for one offense alone. Any questions regarding these rules and personnel procedures should be referred to the employee’s circuit administrator, warden or personnel officer.

The preceding section titled Rules of Conduct and the following list of offenses and work deficiencies with their ranges of disciplinary actions will be used by this Department in administering an effective disciplinary program.

The severity of penalties may vary depending upon the frequency and nature of a particular offense and the circumstances surrounding each case. While the following guidelines are not a substitute for impartial supervision and effective management, and do not set absolute minimum and maximum penalties, it is expected that all Disciplinary Authorities will consider them, the seriousness of the offense, and an employee’s entire work history in reaching disciplinary decisions.

Suspensions shall not exceed eighty work hours.

Offense or Deficiency First Occurrence Second Occurrence Third Occurrence Fourth Occurrence

(1) Gambling during work time Written Reprimand Written Reprimand, Suspension Suspension, Demotion, Dismissal              Dismissal

(2) Wrestling or Horseplay during work time Suspension, Demotion, Dismissal Dismissal Dismissal              Dismissal

(3) Inappropriate Idleness while working Written Reprimand, Suspension Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(4) Tardiness Written Reprimand Suspension Suspension, Demotion, Dismissal Dismissal

(5) Excessive Absenteeism Written Reprimand Suspension Suspension, Demotion, Dismissal              Dismissal

(6) Malicious Use of Profane or Abusive Language Toward Inmates, Visitors, or Persons Under Supervision              Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(7) Absence Without Authorized Leave Suspension, Demotion, Dismissal Dismissal Dismissal              Dismissal

(8) Unauthorized Distribution of Written or Printed Material of any Description While on FDC property or during work time              Written Reprimand              Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(9) Unauthorized Solicitations or Sales While on FDC property or during work time Written Reprimand              Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(10) Substandard Quality and/or Quantity of Work Written Reprimand Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(11) Reporting to Work Improperly Dressed for Job Assignment Written Reprimand Written Reprimand, Suspension              Suspension, Demotion, Dismissal              Dismissal

(12) Sleeping on the Job Suspension, Demotion, Dismissal Dismissal Dismissal Dismissal

(13) Negligence (Job Related) Written Reprimand, Suspension, Demotion, Dismissal Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(14) Revealing Confidential Information to unauthorized person(s) Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(15) Possession of an Unauthorized Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, Central nervous system stimulant, Weapon or Firearm on FDC Property               Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(16) Reporting to Work under the Influence of an Intoxicant, Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant               Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(17) Drinking an Intoxicant or using a Narcotic, Barbiturate, Hallucinogenic drug, or Central nervous system stimulant on the job               Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(18) Failure to maintain direct (sight) supervision of assigned medium, close or maximum custody inmates while outside the institution security perimeter              Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(19) Leaving Assigned Work Station without Authorization Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(20) Use of Corporal Punishment or Hazing Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(21) Falsification of Documents (Job Related) Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(22) Conduct Unbecoming a Public Employee or Failing to Maintain a Proper Level of Professionalism              Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(23) Theft of State Property or Property of Another Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(24) Willful Violation of Rules, Procedures, Post Orders, Regulations, Directives or Policy Statements              Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(25) Unauthorized Use of State Equipment, Property, or Weapons Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(26) Insubordination Suspension, Demotion, Dismissal Dismissal Dismissal Dismissal

(27) Destruction or Abuse of State Property or Equipment Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal              Dismissal

(28) Destruction of Evidence, Giving False Testimony or False Statements and/or Coercion of Others to do the same              Suspension, Demotion, Dismissal               Dismissal              Dismissal               Dismissal

(29) Unlawfully Obtaining Items of Value from or on behalf of an Inmate or Person under FDC Supervision              Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(30) Failure to Report and Turn in Without Delay all Property Found, Seized, or Taken in One’s Official Capacity as an Employee              Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(31) Failure to Submit to a Required Physical Exam Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(32) Failure to follow Oral or Written Instructions Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(33) Abuse of Sick Leave Privileges Written Reprimand, Suspension, Demotion, Dismissal Dismissal              Dismissal              Dismissal

(34) Careless or Unsafe Handling of Firearms or Other Weapons (Job Related) Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(35) Cowardice on the Job Written Reprimand, Suspension, Demotion, Dismissal Dismissal Dismissal              Dismissal

(36) Failure to report for duty when instructed to do so in time of emergency or potential emergency              Written Reprimand, Suspension, Demotion, Dismissal              Dismissal              Dismissal              Dismissal

(37) Violation of Law, whether or not on the job (conviction not required, not including civil infractions)              Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(38) Disruptive Conduct on the Job Written Reprimand, Suspension, Demotion, Dismissal Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

(39) Discrimination and/or Harassment on the Job Dismissal Dismissal Dismissal Dismissal

(40) Failure to Remain Mentally Alert on the Job Written Reprimand, Suspension, Demotion, Dismissal              Written Reprimand, Suspension, Demotion, Dismissal              Suspension, Demotion, Dismissal              Dismissal

Rulemaking Authority 944.09 FS. Law Implemented 110.227, 112.0455, 944.09, 944.14, 944.35, 944.36, 944.37, 944.38, 944.39, 944.47 FS. History–New 10-8-76, Formerly 33-4.03, Amended 1-30-96, Formerly 33-4.003, Amended 8-5-07, 11-13-07, 1-31-10, 2-22-16.

33-208.004 Employment of Relatives.

(1) Definitions.

(a) “Direct supervision” means being an employee’s immediate supervisor, or the rater or reviewer of the employee’s performance.

(b) “Employee” means any individual on the payroll of the Department of Corrections.

(c) “Line of authority” means any position having supervisory authority within the direct chain of command or supervisory path that organizationally links any position in the Department to the Secretary.

(d) “Organizational unit” includes:

1. A unit of a state correctional institution such as security, medical, dental, classification, maintenance, personnel, or business. A work camp, boot camp, or other annex of a state correctional institution is considered part of the institution and not a separate unit.

2. An area of a regional office such as personnel, medical, administrative services, probation and parole, or community facilities.

3. A correctional work center, road prison, or work release center.

4. A probation and parole circuit office or a sub-office within a circuit.

5. A bureau of the Office of the Secretary or of any of the assistant secretaries.

(e) “Public Official” means an employee of an agency in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency.

(f) “Relative” means any individual who is related to another as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, or half-sister.

(2) Direct supervision of a relative employee is prohibited.

(3) An employee must not appoint, promote, advance, advocate for, or discipline any relative employee within their line of authority or organizational unit.

(4) In accordance with Section 112.3135, F.S., a public official may not appoint, employ, promote, or advance, or advocate for appointment, employment, promotion, or advancement, in or to a position in the Department in which the official exercises jurisdiction or control of the employee relative. Mere approval of budgets shall not be sufficient to constitute “jurisdiction or control” for the purposes of this section. In the event of an emergency as defined in Section 252.34(3), F.S., the Secretary is authorized to approve the temporary employment of individuals whose employment would otherwise be prohibited by Section 112.3135, F.S.

Rulemaking Authority 945.0311 FS. Law Implemented 112.3135, 945.0311 FS. History–New 3-3-13, Amended 4-23-20.

33-208.101 Employee Grooming, Uniform and Clothing Requirements.

(1) The following grooming standards shall apply to all Department of Corrections employees, including all non-uniformed employees and contracted employees, while performing official duties:

(a) All employees shall maintain a professional appearance at all times while performing official duties.

(b) All employees shall maintain personal hygiene and shall keep themselves personally neat and clean while on duty.

(c) Clothing will be clean and pressed as is appropriate for the particular garment.

(d) Clothing shall be appropriate for the particular assignment.

(e) Shoes will be clean, presentable, and appropriate for the particular assignment.

(f) Hair will be neat, clean, trimmed and present a groomed appearance. For male employees, hair will not completely cover any part of the ear or go below the ear or extend ½ inch of the top of the collar.

(g) Facial hair for all male staff is authorized as follows:

1. Staff must notify the correctional office chief or, in the case of non-uniformed staff, their immediate supervisor, in writing, of their intention to grow authorized facial hair. Conversely, staff must also notify the correctional officer chief or, in the case of non-uniformed staff, their immediate supervisor, in writing, of their intent to shave previously authorized facial hair;

2. Any authorized facial hair as described below in subparagraph (1)(g)5., shall not exceed 1/2 inch in length;

3. The wearing of authorized facial hair must not interfere with the performance of assigned duties;

4. Staff must obtain a new staff photo ID within one week of the completion of growing or shaving of authorized facial hair;

5. Authorized facial hair is defined as:

a. A moustache that does not protrude below the top of the upper lip or past the corner of the mouth on the side; or

b. A full-face beard; or

c. A goatee with or without a moustache.

6. The growing of variations of the above, i.e., chin curtain, soul patch, handlebar moustache, mutton chops or any other similar styles is not authorized.

(h) Earrings will constitute the only body piercing ornaments allowed. No employee will display while on duty any other jewelry of which any part has been pierced into or through the skin or flesh of any part of the body.

(i) Undergarments shall not be visible.

(j) All employees shall dress in a professional manner appropriate to their positions.

(k) All employees shall dress in appropriate business attire for all court appearances.

(l) Identification cards.

1. Except as provided below, all employees shall wear the department issued ID card in a visible manner that will identify the individual at all times while on duty.

2. For security purposes when interacting with offenders, probation and parole field staff, including administrative and clerical support, are not required to wear the department issued ID card in a visible manner; however, they must be in possession of the department issued ID card for identification purposes while on duty.

(2) In addition to the standards set forth in subsection (1), all institutional and community corrections employees shall comply with the following grooming standards:

(a) Earrings are prohibited for male staff.

(b) If hair is dyed or highlighted, only naturally occurring hair colors will be permitted. For the purpose of this rule, “naturally occurring hair colors” will include: black, brown, blond, auburn, red, grey, and white. Unnatural colors, such as purple, pink, blue, yellow, or green are prohibited.

(3) Uniform requirements for correctional officers are provided in Rule 33-602.601, F.A.C. Badge requirements for correctional probation officers are provided in Rule 33-302.115, F.A.C.

(4) Employees are solely responsible for alterations to and the care of uniforms and clothing issued by the department. Instructions for care which are attached to each item of clothing should be followed. Unless specified otherwise, the laundering and cleaning of clothing items issued to employees is the responsibility of the employee. Any items of department issued clothing, including correctional officer uniforms, which have been contaminated by blood or other body fluids shall be left at the institution to be laundered at an outside facility to prevent contamination outside the work area. All contaminated items shall be kept together apart from non-contaminated laundry and shall be clearly marked as contaminated for transmission to a professional laundering service. Contaminated items shall be placed in a water soluble bag and then placed in a yellow plastic bag labeled “Contaminated Linen” and sealed shut. Personnel handling the yellow bag during transport to the commercial laundry shall wear disposable latex gloves and shall inform personnel at the commercial laundry that the items in the bag are contaminated. Employees shall bear the cost of replacements of items lost or damaged due to improper use, care or maintenance of the item. Restitution is to be in the amount equal to the cost of the articles of clothing lost or damaged, or equal to the cost of replacement, whichever is less.

(5) Uniforms and clothing issued by the department are the property of the state and must be returned to the department upon termination of employment. Employees shall be allowed to retain issued uniforms and clothing when transferring to another institution of the department. Prior to the transfer, the transferring employee must update his or her Individual Clothing Record, Form DC2-816, and must make restitution for any lost or missing clothing. Form DC2-817, Authorization for Uniform Replacement, shall be used by officers requesting replacement of worn or otherwise unserviceable uniforms. Forms DC2-816 and DC2-817 are incorporated by reference in subsection (8) of this rule. Unserviceable clothing shall be rendered unwearable by shredding after the removal of all patches.

(6) The following provisions shall apply to health services employees:

(a) All health services staff providing direct care to inmates at an institution shall wear the department issued ID card in a visible manner. The ID shall include the employee’s last name, first name initial, and initials of licensure or certification.

(b) Physicians, clinical associates, dentists, dental assistants, dental hygienists, nurse supervisors, nurse consultants, executive nursing directors and pharmacists will have no prescribed uniform.

(c) Nurses, correctional medical technicians certified, health support workers, unit treatment rehabilitation specialists, ward clerks, radiology technicians and medical technologists shall be required to wear scrub suits or the standard nurse uniform. The nurse scrubs or uniform must be provided by the employee. No denim scrubs or uniforms will be permitted.

(d) Employees in the position of registered nurse, LPN, correctional medical technician, correctional medical technician certified, medical technologist, radiology technician, UTR and “ward clerk” must wear shoes such as closed toe white leather or leather-like tennis shoes, or other closed toe, slip resistant work shoes, including clogs that have secure straps in the back.

(e) The following shall apply to health services staff whose duties require providing direct care to inmates in an institution, including physicians, pharmacists, dentists, clinical associates, registered nurses, LPNs, correctional medical technicians certified, medical technologists, health support workers, UTRs and “ward clerks.”

1. Jewelry that is excessive or could pose a safety or security issue shall not be worn with the uniform. Jewelry that could be used to disable an employee will not be worn. No bulky or ornate jewelry will be worn. Bracelets or earrings are prohibited for male staff. Female staff shall be allowed to wear earrings; however, only one pair of post or clip-on earrings will be worn at a time and will be worn on earlobes only. Earrings for female staff will constitute the only body piercing ornaments allowed. For safety purposes, earrings shall not be hooped or dangling.

2. Fingernails will be neatly trimmed and clean. Fingernails shall not extend more than 1/4 inch past the end of the finger. Artificial fingernails or extenders will not be worn when having direct contact with high risk inmates, i.e., in a licensed hospital facility, intensive care units, operating rooms, or dialysis units. Hair shall be maintained in a manner consistent with infection control practices and safety considerations.

(7) All chaplains shall wear a silver-colored nameplate. The first line will be engraved with the word “Chaplain” and the second line will be engraved with the employee’s last name. The nameplate will be issued by the department.

(8) Forms. The following forms used in implementing the provisions of this rule are hereby incorporated by reference:

(a) Individual Clothing Record, DC2-816, effective 10-8-07.

(b) Authorization for Uniform Replacement, DC2-817, effective 12-18-00. A copy of these forms may be obtained from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 2-27-85, Amended 6-19-85, Formerly 33-4.07, Amended 3-6-88, 8-15-89, 6-19-90, 10-13-91, 4-15-98, 12-7-98, Formerly 33-4.007, Amended 10-5-99, 3-21-00, 12-18-00, 4-30-02, 2-20-03, 6-26-03, 10-27-03, 12-28-03, 12-12-04, 9-11-06, 2-6-07, 10-8-07, 6-28-12, 5-18-14, 10-9-18, 8-2-20.

33-208.402 Professional License, Certification and Registration Requirements.

(1) It is the responsibility of any employee in a position requiring professional license, certification, or registration to maintain the required license, certification or registration and to provide the department with a copy of such upon employment and upon renewal. If the employee’s license, certification or registration is suspended, revoked, lapses, or is placed under restriction, the employee shall make an immediate report in writing within three working days to the Secretary, Assistant Secretary, Regional Director, Regional Division Director, Circuit Administrator, or warden. In circumstances where an employee’s license, certification or registration is suspended, revoked, or placed under restriction, the following information shall be contained in the report: any action taken by the professional board or other professional licensing body such as disciplinary fines, limitations or restrictions; and the time period of such suspension, revocation or restriction.

(2) Driver’s License Requirement for Correctional Officers and Correctional Probation Officers.

(a) Effective July 1, 1998, all employees in the correctional officer and correctional probation officer classes shall be required to possess a valid driver’s license as a condition of employment.

(b) Any employee in the correctional officer or correctional probation officer class who does not have a valid driver’s license shall immediately report this in writing to the officer-in-charge, warden, circuit administrator, regional director, assistant secretary, or inspector general.

(c) A valid driver’s license is defined as:

1. A current Florida driver’s license for an employee residing in Florida; or

2. A current driver’s license from another state if the employee resides in another state but is currently employed in Florida.

(d) Any correctional officer or correctional probation officer who fails to maintain a valid driver’s license for any reason shall be subject to disciplinary action in accordance with Chapter 33-208, F.A.C., and is subject to being removed from the position for inability to perform assigned duties and responsibilities by failing to meet minimum qualifications for employment.

(e) A correctional officer or correctional probation officer who loses his or her driver’s license or driving privileges due to a medical condition (excluding cases which involve the use of illegal drugs or abuse or misuse of alcohol) and who has a medically certified prognosis and documentation from the Florida Department of Highway Safety and Motor Vehicles (or comparable documentation for licenses issued in another state) that the employee will be able to operate a motor vehicle at some future date, shall not be permitted to operate a state motor vehicle until his or her license and driving privileges are restored. The Department of Corrections will review the officer’s driver’s license status at such time as the Florida Department of Highway Safety and Motor Vehicles (or comparable agency for licenses issued in another state) revisits the license or privileges revocation.

(f) Any correctional officer or correctional probation officer with a driver’s license that has been suspended for a period of 6 months or less must obtain a hardship license for business purposes in order to operate a state-owned motor vehicle.

(g) Any correctional officer or correctional probation officer with a driver’s license that has been suspended or revoked for a period of more than 6 months must obtain a hardship license for business purposes in order to operate a state-owned motor vehicle within 90 calendar days of the date of the license suspension or revocation. The 90 day period will only be extended due to the existence of extraordinary circumstances beyond the control of the officer such as natural disaster situations where, despite the officer’s having made diligent efforts to obtain a hardship license, a timely hearing or response to the hardship petition could not be obtained because of the disaster.

(h) Correctional officers and correctional probation officers shall be responsible for immediately reporting when their driver’s licenses have been reinstated and driving privileges have been restored.

(i) Any correctional officer or correctional probation officer who is required to obtain a hardship license and is unable to do so must present documentation to the department reflecting the officer’s inability to obtain a hardship license. The department will conduct a job search for the officer and attempt to find other positions for which the officer meets minimum qualifications. If there are no other positions for which the officer is qualified, the officer will be dismissed for inability to perform job duties.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-23-99, Formerly 33-4.016.

33-208.403 Random Drug Testing of Employees.

(1) Definitions.

(a) Authorizing Individual – The person designated by the Chief of Personnel to interact with an employee regarding the drug testing program.

(b) Chain of Custody – The procedures used to account for the integrity of each specimen by tracking its handling and storage from the point of specimen collection to final disposition.

(c) Contact Person – The employees designated by the Chief of Personnel to interact with the laboratory and Medical Review Officer and coordinate the drug testing program.

(d) Medical Review Officer – A licensed physician under contract with the Department or the outside vendor used by the Department who reviews all drug tests from the laboratory and makes the final determination regarding the test result.

(e) Random Employee Drug Test – A drug test conducted upon a computer-generated random sampling of Department employees, administered for the purposes of detecting the presence of drugs, controlled substances (including anabolic steroids) or their metabolites.

(2) All Department employees shall be subject to mandatory random employee drug tests.

(a) The Department shall generate random lists of employees subject to testing each fiscal quarter. The time period for testing in an individual quarter shall be randomly chosen each quarter.

(b) The Department shall disburse the list to the authorizing individuals during each random testing period.

(c) The list shall include the date by which all tests for that testing period must be completed.

(d) Each time an employee’s name appears on the random list, he or she shall be tested regardless of whether or not he or she has been previously tested.

(e) Listed employees shall not be excused from random drug testing unless they are on approved leave of absence or are out of town on Department business. If the employee returns to his or her assigned worksite in time for the test to be rescheduled and completed within the prescribed time period, the authorizing individual shall ensure testing is completed.

(f) The list is confidential and shall not be disseminated to non-essential staff members prior to testing.

(4) Off-Site Testing and Confirmation Process. Once an employee is selected for a drug test, the authorizing individual shall:

(a) Initiate the chain of custody process;

(b) Provide the employee with the drug testing instructions and directions to the designated collection site;

(c) Provide the employee with a written notice and consent for testing form that advises the employee that he or she has been randomly selected for testing and that he or she has 24 hours to complete the test.

(5) Once the necessary forms have been completed and signed, the employee shall be instructed to present the employee’s Department of Corrections’ employee identification card to collection site staff. The employee shall take all copies of the chain of custody form to the collection site.

(6) The employee shall remain at the collection site until able to produce a sufficient specimen unless the employee advises that a medical condition has caused the inability to produce a sufficient specimen. If the employee cannot produce a sufficient specimen quantity, the collection site staff shall contact the authorizing individual. The employee shall provide a doctor’s statement to the authorizing individual within three business days attesting to the medical condition. If the current random testing period has not expired, the employee will be given another notice that he or she has 24 hours to complete the test and will be required to report again for testing.

(7) If an employee’s test results show the specimen to be adulterated, the employee will be considered to have failed the test.

(8) If the employee fails or refuses to cooperate in any way with the drug testing process as outlined in this rule, including completing and signing required paperwork; failing to report to the collection site within the specified time frame; failing to follow proper collection site protocols; failing to provide a specimen without a doctor’s statement as specified in subsection (6); using a substitute specimen; or providing a specimen determined to be adulterated, the authorizing individual shall notify the servicing personnel office, and the employee shall be advised in writing that he is subject to disciplinary action up to and including dismissal for refusal to submit to testing.

(9) Refusal to submit to drug testing is considered to be a failed drug test.

(10) If the employee’s test results are negative for drugs but show possible dilution, the test shall be considered negative.

(11) If the test results are positive, the specimen will be retested by the laboratory for confirmation.

(12) All employees with a positive confirmed drug test shall be contacted by the Medical Review Officer within three days of receipt of the results from the laboratory and offered the opportunity to produce valid documentation of lawful ingestion of the identified controlled substance. The Medical Review Officer may also request consent to review the employee’s medical records to assist in evaluating the test results. The employee shall have five days from the date of contact by the Medical Review Officer to present valid documentation of lawful intake of the identified controlled substance from the positive test results.

(13) If the Medical Review Officer cannot contact the employee within three days, the Medical Review Officer shall request that the contact person direct the employee to contact the Medical Review Officer. If the employee does not contact the Medical Review Officer within two days from the request to the employee by the contact person, the Medical Review Officer shall report the test results as positive, which is considered to be a failed drug test.

(14) In the event of collection site or laboratory error, the Medical Review Officer will report the test results as cancelled and a retest shall be scheduled immediately. The employee shall be given no more than 24 hours notice for the retest. If a re-test cannot be conducted prior to the deadline for the random testing period, the authorizing individual shall provide an explanation to the Chief of Personnel.

(15) If the Medical Review Officer receives subsequent documentation that a positive test result was caused by a legitimate use of drugs, the Medical Review Officer shall report the result as negative and the Department’s contact person shall be notified as such.

(16) Should subsequent documentation be received reflecting that the positive result was in error, the authorizing individual shall inform the Bureau of Personnel so that remedial action can be taken if necessary.

(17) In the case of positive test results for which the employee did not or could not provide valid documentation of lawful intake of the identified controlled substance, the employee shall be notified in writing of the positive test results and the consequences of the results, in accordance with the following:

(a) For staff not certified under Section 943.13, F.S.:

1. First-time positive result:

a. All such employees will be given a mandatory referral to the employee assistance program.

b. Any governing licensure/certification board (relevant to the employee’s position requirements) will be advised of the positive test result.

c. The employee will be required to complete the course of treatment recommended by the employee assistance program treatment provider.

d. If the employee refuses to comply with all requirements of the course of treatment recommended by the employee assistance program treatment provider, she/he will be dismissed.

e. Once the employee is released to return to work by the treatment provider, the employee will be returned to work in the same or equivalent position, unless such action is prevented due to actions taken by the governing licensure or certification board or body relevant to the employee’s position requirements.

f. If actions by a governing licensure or certification board or body prevent placement into or ongoing employment in the previously held position, the Department will offer alternate position placement in accordance with the employee’s qualifications, if such is available. If no alternate position placement is available or the employee is unwilling to accept available placement options, the employee will be dismissed.

g. Follow-Up Testing: All employees who remain employed following a first time positive confirmed drug test will be subject to follow-up urinalysis drug testing pursuant to Section 112.0455, F.S.

2. Second time positive test result.

a. Any such employee receiving a second-time positive confirmed drug or alcohol test will be dismissed.

b. Any governing licensure or certification board or body relevant to the employee’s position requirements will be contacted and provided with a report.

(b) For staff certified under Section 943.13, F.S., who test positive:

1. All employees receiving a positive confirmed drug test will immediately be placed on leave status, and the Department will initiate official proceedings to remove the employee from his position.

2. The Criminal Justice Standards and Training Commission or other governing licensure/certification board relevant to the employee’s position requirements will be contacted, and the Department shall move to terminate the employee.

(c) Employees in trainee or probationary status.

1. Any employee in trainee or probationary status receiving a positive confirmed drug test will be dismissed.

2. Any other governing licensure or certification board or body (relevant to the employee’s position requirements) will be contacted and provided with a report.

(18) The following appeal process shall be available to an employee who wants to appeal a positive confirmed drug test.

(a) Within 5 working days of the notification of the failed drug test, the employee may submit a letter to the Chief, Bureau of Personnel, contesting or explaining the result.

(b) Within 180 days after receipt of the notification of the failed drug test, the employee may request a re-test of the original specimen at the employee’s expense by the same laboratory or another laboratory licensed and approved by the Agency for Health Care Administration. The re-test must be at an equal or greater sensitivity for the drug in question as was used in the first laboratory test. All costs associated with such re-tests shall be borne by the employee.

(19) On-Site Presumptive Testing with Confirmation Process Follow-up for Presumptive Positives. If on-site presumptive testing is employed, the authorizing individual shall:

(a) Ensure administration of presumptive testing using an oral fluid device or other non-invasive process;

(b) Refer employees with presumptive positive results to off-site testing in accordance with subsection (4) of this rule.

(20) No employee selected for random urinalysis testing shall be required to provide the specimen in the direct visual or audial presence of the tester unless there is a documented reason to suspect that the employee has or will adulterate the specimen, such as a prior finding of adulteration.

(21) All information, interviews, statements, memoranda, and drug test results, written or otherwise, received or produced as a result of the drug testing program shall be confidential.

Rulemaking Authority 944.09, 944.474 FS. Law Implemented 112.0455, 944.09, 944.474 FS. History–New 9-11-05, Amended 12-18-06, 12-3-08, 10-9-11, 2-13-12.

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.

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.

33-401.105 Refusal of Health Care Services.

(1) Definitions.

(a) Provider – a mental or physical health physician, psychologist, clinical associate, or dentist.

(b) Refusal – an inmate-initiated decision to decline a procedure or treatment that a health care provider has indicated is medically necessary.

(2) It is the responsibility of the provider ordering a particular procedure or treatment to explain to the inmate at the time the initial order is written the:

(a) Diagnosis;

(b) Nature and purpose of the procedure or treatment;

(c) Risks and benefits involved in the proposed treatment or procedures; and

(d) Alternative treatments or procedures.

(3) Documentation of refusal of treatment or procedure.

(a) If an inmate refuses an aspect of health care services other than medication, which is addressed in subsection (4), the inmate shall be required to sign Form DC4-711A, Refusal of Health Care Services. If the inmate refuses to sign the form, the notation “patient refuses to sign” will be entered and witnessed by two staff members. Form DC4-711A is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-02947. The effective date of the form is 8-13.

(b) If an inmate is being transferred to another facility for medical treatment and indicates prior to departing that he or she will refuse the treatment, the provider at the receiving facility shall be contacted. The provider at the sending facility shall advise the inmate of the risks associated with not receiving recommended treatment. If the inmate still refuses, he or she will be returned to health services to sign Form DC4-711A, Refusal of Health Care Services, and a follow-up visit shall be scheduled to assess if the treatment should be pursued.

(c) A note documenting the date and time of a refusal and stating “refusal signed for (inmate’s name and DC#)” shall be made on the chronological record of health care located in the inmate’s health record.

(d) Prior to inserting Form DC4-711A, Refusal of Health Care Services, into the inmate’s health record, it will be reviewed, initialed, and dated by a provider. This review will be documented on the inmate’s chronological record of health care.

(e) Refusal of dental services will be documented by dental health staff on Form DC4-724, Dental Treatment Record, and Form DC4-711A, Refusal of Health Care Services. Form DC4-724 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-01336. The effective date of the form is 11-28-10.

(f) Refusal of mental health services will be documented on Form DC4-711A, Refusal of Health Care Services.

(g) Completed Forms DC4-711A and DC4-724 shall be placed in the inmate’s health record.

(4) Medication Refusal.

(a) Inmates may verbally refuse a dose of medication upon presenting to the medication window.

(b) An inmate who has refused either three consecutive doses of medication or five doses over the course of a month shall be required to sign Form DC4-711A, Refusal of Health Care Services. If the inmate refuses to sign the form, the notation “patient refuses to sign” will be entered and witnessed by two staff members. The inmate shall be referred to the prescribing provider for review and further clinical disposition.

(c) If an inmate states that he will refuse all further doses of a prescribed medication, Form DC4-711A, Refusal of Health Care Services, shall be completed and must be signed by the inmate. If the inmate refuses to sign the form, the notation “patient refuses to sign” will be entered and witnessed by two staff members. The inmate will no longer be required to report to the medication window for the purpose of taking the refused medication. The inmate shall be referred to the prescribing provider for review and further clinical disposition.

(5) An inmate may not refuse admission to the infirmary, isolation management (medical or mental health), transitional care, or crisis stabilization, as these are institutional housing assignments. The inmate may refuse all medical care while in these housing assignments, but the above-outlined process for refusal of medical treatment shall be followed.

(6) An inmate’s refusal of health care services cancels a specific order, treatment, or procedure. A new order will be necessary to initiate a treatment or procedure that has been refused.

Rulemaking Authority 944.09, 945.6034 FS. Law Implemented 944.09, 766.103, 945.6034 FS. History–New 11-28-10, Amended 7-19-12, 8-6-13.

33-401.201 Conditional Medical Release.

(1) The Department of Corrections shall refer to the Florida Commission on Offender Review for conditional medical release inmates who are permanently and irreversibly physically incapacitated or terminally ill due to injury, disease or illness to the extent that they do not constitute a danger to themselves or others.

(2) The chief health officer of an institution housing an inmate whose health has deteriorated to a point where consideration for conditional medical release may be appropriate shall provide a conditional medical release recommendation to the Director of Health Services. Based upon this review, the Director of Health Services shall:

(a) Reject the recommendation based upon the fact that the inmate fails to meet the eligibility requirements in subsection (1);

(b) Defer a referral pending additional investigation to assess the response to recent treatment or to obtain additional information from specialized health professionals or laboratory consultants; or

(c) Agree that the medical situation is such that the inmate should be referred for conditional medical release consideration and forward the recommendation and attachments to the Florida Commission on Offender Review.

(3) When requested by the Florida Commission on Offender Review, the Office of Health Services shall provide additional medical evidence or additional medical examinations for inmates being considered for conditional medical release.

(4) Conditional medical release is not authorized for inmates under sentence of death.

(5) No inmate has a right to conditional medical release or to a medical evaluation for such release.

Rulemaking Authority 947.149 FS. Law Implemented 947.149 FS. History–New 12-11-88, Amended 3-23-93, 1-16-96, Formerly 33-19.008, Amended 2-7-02.

33-401.401 Use of Tobacco and Vapor Products.

(1) This rule establishes the tobacco and vapor products use policy for the Department of Corrections. For the purposes of this rule, “tobacco products” means items such as cigars, cigarettes, snuff, loose tobacco, or similar goods made with any part of the tobacco plant, which are prepared or used for smoking, chewing, dipping, sniffing, or other personal use. “Vapor products” means aerosolized or vaporized nicotine or other aerosolized or vaporized substance produced by a vapor-generating electronic device or exhaled by the person using such a device, or the vapor-generating electronic device itself.

(2)(a) Pursuant to Section 944.115, F.S., use of any tobacco products shall be prohibited in all indoor areas of any building or office within a state correctional facility except for employee housing on department grounds and inmate maximum security (death row) housing areas. Only unlighted tobacco product use shall be permitted in death row housing.

(b) Pursuant to Section 386.204, F.S., smoking and vaping are prohibited in all enclosed indoor workplaces as defined in Section 386.203, F.S.

(c) Pursuant to Section 944.47, F.S., a vapor-generating electronic device as defined in Section 386.203, F.S., shall not be intentionally and unlawfully introduced inside the secure perimeter of any state correctional institution.

(3) Should Department of Corrections’ offices be located in buildings not totally in the control of the department, smoking and vaping shall be prohibited in all enclosed indoor workplaces occupied or controlled by the department. Employees may not smoke or vape in areas which do not fully meet the requirements of the Florida Indoor Clean Air Act, Sections 386.201-.209, F.S.

(4) Outdoor areas owned or leased by the Department of Corrections may be designated by the secretary or the secretary’s designee as areas where tobacco and/or vapor products may be used. Tobacco waste receptacles shall be provided in all areas where tobacco products use is permitted.

(5) Use of tobacco and vapor products shall be prohibited in all vehicles owned or leased by the department.

(6) All inmates at all state correctional facilities, with the exception of those participating in a community release program under Rule 33-601.602, F.A.C., or as otherwise provided in subsection (8) of this rule shall not be allowed to possess any tobacco products or lighters.

(7) All inmates at all state correctional facilities shall not be allowed to possess any vapor products or vapor-generating electronic device.

(8) Inmates on death row shall not purchase more than two (2) packages of smokeless tobacco products per week and shall not exceed the possession limit of two (2) packages. Inmates assigned to a Community Release Program in accordance with “Community Release Programs,” Rule 33-601.602, F.A.C., shall not possess more than ten (10) packs of cigarettes, or ten (10) packages of smokeless tobacco products, or twenty (20) individual cigars, and one (1) non Bic-style disposable lighter at any time while on the property of a state correctional facility.

(9) Tobacco cessation assistance shall be available to inmates to assist them in making a successful tobacco-free transition.

(10) Violation of this rule shall be grounds for disciplinary action against employees and inmates. Visitors found in violation of this rule shall be subject to having their approval for access to the department facility withdrawn.

Rulemaking Authority 944.09, 944.115 FS. Law Implemented 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115, 944.47 FS. History–New 12-31-80, Formerly 33-20.01, Amended 3-12-86, 2-24-92, 1-4-94, Formerly 33-20.001, Amended 2-3-00, 10-1-03, 6-18-08, 10-1-11, 6-18-13, 9-11-13, 5-23-21.

33-401.501 Communicable Disease Exposure and Testing.

(1) In the event of possible exposure to a communicable disease by a correctional officer, employee or any unincarcerated person lawfully present in a correctional facility, the person exposed is authorized by Section 945.35, F.S., to request the testing of the inmate who caused the exposure.

(2) When a request has been made for testing, health services staff shall first determine whether there is reason to believe that risk of exposure has occurred. If not, the requestor shall be so advised. If so, health services staff shall order such testing of the source inmate as is clinically appropriate for the type of exposure involved.

(3) Upon receipt of the test results of the source inmate, health services staff shall provide the results to the requestor and the source inmate. These results are confidential and shall only be communicated to the person requesting the test and the inmate tested. Confidentiality of HIV test results shall be maintained in accordance with Section 381.004, F.S.

(4) The source inmate shall be provided with counseling, health care and support services in conjunction with communication of the test results.

(a) If the affected person is a correctional officer or other employee, access to testing, counseling, health care, and support services shall be provided through the workers’ compensation program.

(b) If the affected person is an unincarcerated person lawfully present in the correctional facility, he or she shall be advised to contact his or her health care provider or local health department for testing, counseling, health care and support services.

Rulemaking Authority 945.35 FS. Law Implemented 381.004, 440.09, 945.35 FS. History–New 4-15-02.

33-401.601 Medical Consultations by Non-Department Providers.

(1) This rule is applicable only to non-department provider consultations that are requested, initiated or scheduled by inmates, attorneys or other inmate representatives. Such medical consultations shall be allowed only under the conditions set forth in this rule.

(2) Requests for non-department provider consultations related to the services being provided to the inmate by the department will not be approved. Consideration shall be limited to those requests for the following purposes:

(a) Evaluations for parole consideration;

(b) Evaluations for court proceedings;

(c) Evaluations associated with an application for benefits or services from another agency or entity such as: workers’ compensation, veteran’s benefits, or social security benefits; or

(d) Evaluations associated with medical procedures that are not provided by the department, and that do not present current or future operational, security, or financial concerns for the department.

(3) All non-department provider consultation and evaluation costs, including security and transport costs and costs resulting from the evaluation or preparation for the evaluation, shall be made at the expense of the requestor and at no expense whatsoever to the Department of Corrections.

(4) Process for Submission of Requests.

(a) Requests for medical consultations or evaluations by non-department providers shall be submitted to the warden at the institution where the inmate is incarcerated.

(b) If the request involves having the inmate taken to the non-department consultant rather than having the consultation take place at the institution, the requestor shall provide with the request a statement verifying that he has contacted the Sheriff of the county in which the consultation is to occur and, at his expense, arranged with the Sheriff to secure the custody and transportation of the inmate.

(5) Consultations at the Institution.

(a) The warden shall forward the request to the Assistant Secretary for Health Services or his designee for review to determine whether the consultation would be reasonably likely to endanger the life or physical safety of the inmate or another person (for example, the inmate is in suicide observation status, or is assigned to a crisis stabilization unit or transitional care unit).

(b) If the Office of Health Services has no objection to the request, the request shall be approved by that office and forwarded to the warden. The warden shall provide final approval or disapproval based upon whether allowing the consultation would be detrimental to the security or order of the institution.

(c) If the request is approved, the warden shall notify the person making the request of any additional restrictions related to scheduling or security at the institution. The consultant and any persons accompanying the consultant will be subject to a background check and security review the same as any other inmate visitor.

(6) Requests for Consultations Outside the Institution.

(a) The Assistant Secretary for Health Services, subsequent to his review for medical issues, shall forward the request to the Assistant Secretary for Institutions to review for security concerns. The Assistant Secretary for Institutions shall forward the results of the medical and security reviews to the Secretary or his designee.

(b) After reaching agreement with the requestor, the Sheriff should contact the Secretary or his designee to make the necessary transport arrangements. The Secretary or his designee shall confirm that the Sheriff has determined to his satisfaction that the request is valid and the date and place the consultation is to be held. The Sheriff must agree to secure the inmate, keep him in custody at all times, and return him to the institution from which he obtained custody at no expense to the Department of Corrections.

(c) The Secretary or his designee shall have the discretion of determining whether the inmate may be safely released for such purposes after giving due regard to the custody requirements of the inmate. If the Secretary or his designee is satisfied that the inmate meets these requirements, he will authorize the Sheriff to take custody and advise him of the location of the inmate. The Secretary or his designee shall establish the date the inmate is to be returned to the custody of the Department of Corrections and any conditions of the transfer of custody. If the inmate is to be transported out of state, the inmate must sign a waiver of extradition agreeing to the transfer to the other state for the purpose stated and his subsequent return to the Department of Corrections. The warden or Officer-in-Charge of the institution where such inmate is located shall obtain such waiver as a condition of the inmate’s release to out-of-state authorities.

(d) The warden or the Officer-in-Charge of the institution having custody of such inmate shall be notified of the authorization to the Sheriff to take custody and the conditions of such authorization.

(e) The warden or the Officer-in-Charge having custody of the inmate shall verify the identity and authority of the agent arriving at the institution to take custody and shall secure a receipt of the temporary transfer of custody.

(f) It shall be the responsibility of the Sheriff at all times to retain custody of the inmate and to return him to the institution from which custody was obtained at the time set by the Secretary. Upon the return of the inmate to the institution a receipt shall be provided to the Sheriff.

(7) A certified true copy of the inmate’s medical record will be available to the outside consultant only when the inmate has completed a department release specifically authorizing the department to release a copy of the medical record to the outside consultant.

(8) Any court orders received directing that a medical consultation take place or directing the department to transport an inmate or allow an inmate to be transported to a medical consultation shall be immediately forwarded to the Office of the General Counsel for review.

Rulemaking Authority 944.09, 945.091 FS. Law Implemented 944.09, 945.091 FS. History–New 4-6-05, Amended 10-30-05.

33-401.701 Medical and Substance Abuse Clinical Files.

(1) The Department of Corrections Office of Health Services shall maintain a comprehensive medical file (including medical, dental and mental health components) on every person committed to the custody and care of the Department. Information included in the inmate’s medical file is protected health information and shall be used or disclosed in accordance with the Health Insurance Portability and Accountability Act Privacy Rule of 1996, (HIPAA) and Florida law. The Department of Corrections shall also maintain a comprehensive substance abuse file on every person inmate who receives substance abuse program services. Information included in the inmate’s substance abuse file is confidential in accordance with 42 C.F.R. Part II, the Health Insurance Portability and Accountability Act Privacy Rule of 1996 (HIPAA), and Florida law. The Department of Corrections’ Reception and Medical Center Hospital shall maintain an inpatient hospital medical file on every inmate admitted for care and treatment at Reception Medical Center Hospital.

(2) Definitions.

(a) Business Associate – refers to a person or entity who is not a member of the Department of Corrections’ workforce and who, on behalf of the department, performs a function or activity involving the use or disclosure of individually identifiable health information. A business associate agreement or contract requiring a business associate to appropriately safeguard protected health information is required from business associates.

(b) Designated Records Set – refers to an inmate’s medical, mental health, and dental files, Reception Medical Center Hospital’s inpatient hospital file, and substance abuse clinical files that are maintained by the Department.

(c) Department workforce – includes employees, volunteers, interns, trainees and other persons whose conduct, in the performance of work for the Department, is under the direct control of the Department, whether or not they are paid by the Department.

(d) Disclose – refers to the release, transfer, provision of access to, or divulging in any other manner of information outside the Department.

(e) Health Services Administrator – refers to designated Department employees responsible for working with the privacy officer to ensure that all Department privacy procedures are implemented.

(f) Hospital file – as used in this rule refers to an inmate’s inpatient hospital patient records created and maintained by Reception Medical Center Hospital.

(g) Medical file – as used in this rule refers to the inmate’s medical, mental health, and dental files maintained by the department.

(h) Personal Representative – as used in this rule, means, with respect to a deceased inmate, a person appointed by a court to act as the personal representative, executor, administrator, curator, or temporary administrator of the deceased inmate’s estate, or if a court has not made such a judicial appointment, a person designated by the inmate to act as his or her personal representative in a last will that is self-proved under Section 732.503, F.S. In addition, if a court has not made a judicial appointment as described herein and the inmate has not designated a person in a self-proved last will, a personal representative also means one of the following individuals:

1. A surviving spouse.

2. If there is no surviving spouse, a surviving adult child of the inmate.

3. If there is not surviving spouse or adult child, a parent of the inmate.

With respect to a living inmate, a personal representative means a health care surrogate, proxy, guardian, or other person with authority under Florida law to make decisions related to the inmate’s health care.

(i) Privacy Officer – as used in this rule, refers to a designated employee in the Office of Health Services who is responsible for the development and implementation of the policies and procedures related to the HIPAA Privacy Rule. The privacy officer is the Department’s contact person for HIPAA.

(j) Protected health information (PHI) – where used herein, refers to inmate or offender information that is created or received by the Department of Corrections, whether oral, recorded, transmitted, or maintained in any form or medium, that relates to the past, present, or future physical or mental health or condition of an inmate or offender, the provision of health care to an inmate or offender, or the past, present, or future payment for the provision of health care to an inmate or offender and identifies an inmate or offender or there is a reasonable basis to believe the information can be used to identify an inmate or offender.

(k) Psychotherapy notes – refers to notes recorded by a mental health professional documenting or analyzing the contents of conversation during a private or group session. The term does not include medication prescription and monitoring, session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following: diagnosis, functional status, treatment plan, symptoms, prognosis, and progress to date.

(l) Substance abuse clinical file – refers to the department’s inmate file containing all written documents, records and forms compiled to detail an inmate’s substance abuse history, substance abuse screening, assessment, intervention, and other substance abuse services, including the results of urinalysis testing done for treatment, program participation, and admission and discharge summaries.

(m) Substance abuse progress notes – refers to notes recorded by a substance abuse health care professional documenting or analyzing the contents of conversation during a private or group session. The term does not include session start and stop times, the modalities and frequencies of treatment furnished, results of clinical tests, and any summary of the following: diagnosis, functional status, treatment plan, symptoms, prognosis, and progress to date.

(n) Use – refers to, with respect to protected health information, the sharing, employment, application, utilization, examination, or analysis of such information within the Department.

(3) Inmate and offender access to their own protected health information in a designated records set.

(a) Except as otherwise provided in this rule, an inmate shall be allowed to have access to his or her own protected health information contained in a designated records set. An inmate desiring access to his or her own medical file or Reception Medical Center hospital file shall submit a written request using Form DC6-236, Inmate Request, to the health services administrator or his or her designee. An inmate desiring access to his own substance abuse clinical file shall submit a written request using DC6-236, Inmate Request, to the substance abuse program manager or his or her designee. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(b) The department does not maintain medical files or substance abuse clinical files on offenders under community supervision. Access to records maintained by treatment providers under contract with the department should be requested by contacting the treatment provider.

(c)1. Inmates shall have no access to psychotherapy notes or substance abuse progress notes maintained in the department’s records.

2. Inmates shall have no access to protected health information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding.

3. Inmates shall have no access to protected health information maintained by the Department that is subject to the Clinical Laboratory Improvements Amendments of 1988, 42 U.S.C. 263a, to the extent that the provision of access to the inmate is prohibited by law, or is exempt from the Clinical Laboratory Improvement Amendments of 1988, pursuant to 42 C.F.R. 493.3(a)(2).

(d) An inmate’s request for access shall be denied in whole or in part due to any of the following reasons:

1. The request is for records or information identified in paragraph (c), above.

2. The request is for protected health information that was obtained from someone other than a health care provider under a promise of confidentiality and the access requested would with reasonable likelihood reveal the source of the information.

3. The request is for information not maintained or no longer maintained by the department in its files.

4. There has been a determination by a licensed or certified health care professional that:

a. The requested access is reasonably likely to endanger the life or physical safety of the inmate or another person;

b. The requested access is to protected health information that makes reference to another person (other than a health care provider) and such access is reasonably likely to cause substantial harm to such other person; or

c. The access is requested by a personal representative of the inmate and such access is likely to cause substantial harm to the inmate.

(e) Except as otherwise provided in this rule, all requests shall be granted, including providing access or copies or both, or denied, in whole or in part, by the health services administrator or his designee or substance abuse program manager or his designee in writing within 30 days of the date of receipt of the request. However, if the requested files are not maintained on-site, the department shall provide or deny access, in whole or in part, within 60 days from receipt of the request. If the department is unable to grant or deny, in whole or in part, the request for access within the 30 or 60 day time periods, the department is authorized to extend the time for such action an additional 30 days by providing the inmate a written statement that the time period has been extended for 30 days and the reason(s) for the extension. This extension is available only one time.

(f) Denials must provide:

1. The basis for the denial;

2. Information on where the requested information is maintained if subparagraph (d)3. applies, and the department knows where the information is maintained;

3. Notification that the inmate may request a review of a denial based on subparagraph (d)4., by submitting a written request to the health services administrator or his or her designee in the case of medical files, or the substance abuse program manager or his or her designee in the case of substance abuse clinical files; and,

4. That the inmate may grieve the denial through the inmate grievance process pursuant to Chapter 33-103, F.A.C.

5. Upon written request of the inmate to the staff member designated above, denials based on subparagraph (d)4., shall be reviewed by a licensed or certified health care professional who is designated by the health services administrator or his or her designee or substance abuse program manager or his or her designee, and who did not participate in the original decision to deny the request. Review of the denial must be completed within a reasonable time after receipt of the request for review. Immediately upon determination on review, the inmate shall be notified in writing of the decision.

(g) Where a request for access to an inmate’s medical file or substance abuse clinical file is denied in part, the department shall provide access to the requested file after excluding the information for which access was denied.

(h) Providing Access:

1. Before any inmate reviews his or her medical file or substance abuse clinical file the Department will verify the inmate’s identity using the inmate’s ID card.

2. Medical and hospital files and substance abuse clinical files must be reviewed in a secure area in the presence of health record staff or the health service administrator.

3. No information shall be copied or removed from the file by the inmate at the time of the review. Form DC6-236, Inmate Request, shall be submitted by the inmate to obtain any copies.

(i) Copies will be provided upon receipt of payment as provided in subsection 33-601.901(2), F.A.C., except that when providing the inmate a copy of the requested information would jeopardize either the health, safety, security, custody of the inmate or of other inmates; or the safety of any officer, employee, or other person at the correctional institution or a person responsible for the transporting of the inmate, no copies shall be provided. A denial of copies on this basis shall not be subject to review under subparagraph (3)(f)3., above.

(4) Requesting Restrictions on the Use and Disclosure of Protected Health Information in a designated records set.

(a) An inmate may request that the Department restrict the uses and disclosures of his or her protected health information to carry out treatment, payment, health care operations, and for notification for involvement in the inmate’s care. Inmates shall submit requests for restrictions on Form DC6-236, Inmate Request, to the health services administrator and provide a reason to support the requested restriction.

(b) In accordance with 45 C.F.R. §164.522 the Department is not required to agree to a request for restriction and the Department shall not restrict disclosures of protected health information to other government agencies providing benefits or services to the inmate, to government agencies that oversee health care providers, or that are required by law.

(c) The Department shall notify the inmate of the denial or acceptance of the request to restrict information and a copy of the notice of denial or acceptance shall be filed in the inmate’s designated record set and sent to other workforce members with a need to know. The written request and notification of denial or acceptance must be kept for six years from the date it was created or the date it was last in effect, whichever is later.

(d) If the Department agrees to the restriction, the Department and its business associates shall honor the restriction unless the inmate is in need of emergency treatment and the restricted information is needed to provide the emergency treatment. If restricted information is disclosed to a health care provider for emergency treatment, the Department shall request that the health care provider not further use or disclose the information.

(e) The Department shall terminate its agreement to a restriction, if:

1. The inmate agrees to or requests the termination in writing;

2. The inmate orally agrees to the termination and the oral agreement is documented; or

3. The Department informs the inmate that it is terminating its agreement to a restriction. The termination is only effective for protected health information created or received after the Department informed the inmate of the termination.

(5) Requesting Confidential Communications.

(a) An inmate or offender may request that the Department communicate protected health information with him or her by alternative means or at alternative locations. Inmates must make requests for confidential communication in writing on Form DC6-236, Inmate Request. The Department shall refuse an inmate’s request if the inmate has not specified a reasonable method of communication or if the request would jeopardize or disrupt the safety, security or operations of the institution. The health services administrator shall notify the inmate that the request for confidential communication was denied or accepted.

(b) The Department shall retain the inmate’s request and notification of denial or acceptance for a minimum of six years in the inmate’s medical file.

(6) Request to amend protected health information in a designated record set.

(a) An inmate may request that the Department amend a designated record set for as long as the Department maintains the protected health information in the designated record set. Inmates shall make requests for amendments in writing on Form DC6-236, Inmate Request, and provide a reason to support the requested amendment.

(b) In accordance with 45 C.F.R. §164.526, the Department shall act on the inmate’s request for an amendment no later than 60 days after receipt of the request. If the Department is unable to act on the amendment within 60 days, the Department may extend the time by no more than 30 days, provided that within 60 days, the Department provided the inmate with a written statement of the reasons for the delay and the date by which the Department will complete its action on the request. The Department shall have one time extension for action on the request.

(c) If the Department is informed by another health care provider of an amendment to an inmate’s protected information, the Department shall amend the protected information in its designated record sets.

(d) Pursuant to 45 C.F.R. §164.526, the Department shall deny an inmate’s request for an amendment to protected health information if it determines that the protected information:

1. Was not created by the Department, unless the inmate provides a reasonable basis to believe that the originator of protected information is no longer available to act on the requested amendment;

2. Is not part of the designated record set;

3. Is information that is not available for inspection by the inmate as provided in subsection (3), above; or

4. Is accurate and complete.

(e) If the Department denies the requested amendment, in whole or in part, the Department shall send the inmate a written denial notice, in plain language that contains:

1. The basis for the denial;

2. The inmate’s right to submit a written statement disagreeing with the denial and how the inmate may submit such a statement on Form DC6-236, Inmate Request;

3. A statement that if the inmate does not submit a statement of disagreement, the inmate may request that the Department provide the inmate’s request for amendment and the denial with any future disclosures of the protected information that is the subject of the amendment; and,

4. A description of how the inmate may complain through the inmate grievance process.

(f) The Department shall permit the inmate to submit a written statement disagreeing with the denial of all or part of a requested amendment and the basis of such disagreement. The statement of disagreement is limited to 100 words. The Department shall prepare and submit a written rebuttal to the statement of disagreement.

(g) The Department shall identify the protected health information in the designated record set that is the subject of the disputed amendment and append the inmate’s request for an amendment, the Department’s denial of the request, the inmate’s statement of disagreement, if any, and the Department’s rebuttal, if any, in the designated record set.

(h) When a subsequent disclosure of the protected health information is made, the Department shall submit the material required in paragraph (g), with the requested protected health information.

(i) If the Department accepts the requested amendment, in whole or in part, the Department shall comply with the following requirements:

1. The Department shall make the amendment to the designated records set by identifying the portions in the record that are affected by the amendment and appending or otherwise providing a link to the location of the amendment.

2. The Department shall inform the inmate that the amendment is accepted and obtain the inmate’s identification of, and agreement to have the Department notify relevant persons with which the amendment needs to be shared as described below within 60 days.

3. The Department shall make reasonable efforts to inform and provide the amendment within a reasonable time to:

a. Persons identified by the inmate as having received protected information about the inmate and needing the amendment; and,

b. Persons, including business associates, that the Department knows have the protected information that is the subject of the amendment and that may have relied, or could foreseeably rely, on such information to the detriment of the inmate.

(7) Request for Accounting of Disclosures.

(a) Inmates may request that the Department provide them with an accounting of disclosures of protected health information.

(b) Inmates shall make requests for an accounting of disclosures on Form DC6-236, Inmate Request to the health services administrator.

(c) Pursuant to 45 C.F.R. §164.528 the Department shall provide the accounting of disclosures within 60 days of the request. If the Department is unable to provide the accounting within 60 days, it shall inform the inmate of the reason for the delay and when it expects to provide the accounting. One extension of 30 days is permitted per request. Inmates may request an accounting of disclosures for up to six years prior to the date on which the accounting is requested. Disclosures made prior to April 14, 2003 are excluded from this requirement.

(d) The Department shall provide the inmate with a written account that includes the following information:

1. The date of the disclosure;

2. The name and address of the entity or person who received the protected health information;

3. A brief description of the protected health information disclosed; and,

4. A brief statement of the purpose of the disclosure or a copy of a written request from the entity or person that received the protected information.

(e) The accounting of disclosures is not required to contain the following disclosures of protected health information:

1. Disclosures for the purpose of treatment, payment and health care operations;

2. Disclosures to law enforcement or correctional officers for the health and safety of the inmate, other inmates, officers, employees of the correctional institution or others at the correctional institution;

3. Disclosures to law enforcement on the premises of the correctional institutions;

4. Disclosures for the administration and maintenance of the safety, security, and good order of the correctional institution;

5. Disclosures for national security or intelligence purposes;

6. Disclosures made to inmates of their own protected information;

7. Disclosures made as part of a limited data set;

8. Disclosures made to third parties pursuant to the inmate’s request written authorization; and,

9. Disclosures made prior to April 14, 2003.

(f) If the Department made multiple disclosures of protected information to the same entity for a single purpose, the accounting for a given period of time shall provide:

1. The required information listed above for the first disclosure; and,

2. The frequency, periodicity, or number of disclosures made; and the date of the last disclosure.

(g) The Department shall provide the first accounting to an inmate in any 12-month period without charge.

(h) If the second or subsequent request for disclosure within a 12-month period requires duplication, the inmate shall pay the cost of duplication in accordance with subsection 33-601.901(2), F.A.C., and the inmate will sign a receipt for such copies.

(i) The Department shall document the following information regarding accounting of disclosures:

1. The date of disclosure;

2. The information listed in the accounting;

3. Written accounting that is provided to the inmate; and,

4. The titles and names of the people who were responsible for receiving and processing the request.

(j) The documentation shall be retained for six years.

(k) The Department shall track disclosures other than for treatment, payment and health care operations. This includes the following disclosures even if the disclosure was to a business associate. The Department shall track disclosures:

1. To other government agencies providing benefits or services to the inmate;

2. To government agencies that oversee health care providers;

3. For research; and,

4. Which are required by law.

(l) The following specific information about each disclosure shall be included and documented in the medical file on Form DC4-534, Health Care Information Request Record. Form DC4-534 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://www.flrules.org/Gateway/reference.asp?No=Ref-02949. The effective date of this form is 4-15-10.

1. The date of the disclosure;

2. The name and address of the entity or person who received the protected information;

3. A brief description of the protected health information disclosed;

4. A brief statement of the purpose of the disclosure; and,

5. Written account that was provided to the inmate.

(m) In accordance with 45 C.F.R. §164.528, the Department shall temporarily suspend an inmate’s right to receive an accounting of disclosures to a health care oversight agency with authority by law to oversee the health care system of the department or a law enforcement official upon written statement from the oversight agency or law enforcement official. The written statement shall specify that the accounting to the inmate would be reasonably likely to impede the agency or official’s activities and the time period for which such suspension is required.

(n) Although the accounting of disclosures is not released during a suspension, the Department shall continue tracking and storing the information for future releases.

(8) Each Department workforce member and the Department’s business associates shall maintain as confidential all medical, mental health, dental and substance abuse information, regarding any inmate or offender that the employee obtains in conjunction with his or her duties and responsibilities, and shall not disseminate the information or discuss the medical, mental health, dental, or substance abuse condition of the inmate or offender with any person except persons directly necessary to the performance of the Department workforce member’s or business associate’s duties and responsibilities. Workforce members of the healthcare, mental health treatment or substance abuse treatment team shall not disseminate inmate medical, mental health, or substance abuse information or discuss the medical, dental, mental health, or substance abuse condition of an inmate with any person except other members of the healthcare team, mental health treatment team, or substance abuse treatment team, release officers or any other employees designated to facilitate continuity of care and treatment upon reentry, officers responsible for transporting inmates, upper level management at the institution or facility level, regional level and central office level, inspectors from the Inspector General’s Office if related to law enforcement on the premises of a correctional institution, classification or security staff if related to maintenance of the safety, security and good order of the correctional institution, department attorneys, or other employees and persons authorized to receive such information in accordance with the Health Insurance Portability and Accountability Act Privacy Rule of 1996, (HIPAA) and Florida law. Breach of this confidentiality shall subject employees of the Department to disciplinary action. Each employee shall acknowledge receipt and review of Form DC2-813, Acknowledgement of Responsibility to Maintain Confidentiality of Medical Information, indicating that he understands the medical and substance abuse confidentiality requirements. Form DC2-813 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://www.flrules.org/Gateway/reference.asp?No=Ref-02946. The effective date of this form is 8-13.

(9) Each inmate assigned as an inmate worker, inmate assistant, substance abuse peer facilitator, or other assignment involving possible contact with health or substance abuse information about other inmates shall maintain as confidential all health or substance abuse information that he sees or hears while performing his duties and responsibilities, and shall not disseminate the information or discuss the medical or substance abuse information with any person except health care staff or substance abuse program staff. Failure to keep health or substance abuse information confidential and private shall subject the inmate to disciplinary action. Each inmate assigned as an inmate worker, inmate assistant, substance abuse peer facilitator, or other assignment involving possible contact with health or substance abuse information about other inmates shall acknowledge receipt and review of Form DC1-206, Inmate Acknowledgement of Responsibility to Maintain Confidentiality of Health or Substance Abuse Information, indicating that he understands the medical and substance abuse confidentiality requirements. Form DC1-206 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://www.flrules.org/Gateway/reference.asp?No=Ref-02948. The effective date of this form is 4-15-10.

(10) Use and disclosure of protected health information.

(a) Inmate protected health information shall be used or disclosed in accordance with the Health Insurance Portability and Accountability Act Privacy Rule of 1996 (HIPAA), and Florida law.

(b) Requests for access to a current inmate’s medical file shall be submitted to the health services administrator at the institution where the inmate is housed. Requests for access to a former inmate’s medical file shall be submitted to: Statewide Record Retention Center, Attention: Inactive Medical Records, 7819 N.W. 228th Street, Raiford, Florida 32083. Requests for access to an inmate’s hospital file shall be submitted to: Reception and Medical Center Hospital, Attention: Hospital Administrator, P.O. Box 628, Lake Butler, Florida 32054.

(c) All requests for access to an inmate’s protected health information shall be specific and in writing.

(d) If use or disclosure of an inmate’s protected health information is not otherwise permitted by law, an inmate must authorize the use or disclosure by giving written consent using Form DC4-711B, Consent and Authorization for Use and Disclosure Inspection and Release of Confidential Information, or Form DC4-711Bsp, its Spanish-language version, or a HIPAA compliant release of protected health information form from another governmental agency. Form DC4-711B and Form DC4-711Bsp are incorporated by reference in Rule 33-601.901, F.A.C.

(e) Form DC4-711B, DC4-711Bsp, or any other authorization used for these purposes shall be submitted with the written request for access to an inmate’s protected health information. A copy of the authorization shall be provided to the inmate and the inmate shall acknowledge receipt of the copy by signing in the appropriate location on the authorization. The authorization and acknowledgement of receipt of copy shall become a part of the inmate’s medical file.

(f) Form DC4-711B, DC4-711Bsp, or any other authorization used for these purposes must be notarized unless witnessed by a member of the Department’s workforce. All authorization forms shall be witnessed by at least one person who can verify the fact that he witnessed the signing of the authorization by the inmate and that, to the best of his knowledge, the inmate knew what was signed.

(g) A disclosure of protected health information may not be made on the basis of an authorization which:

1. Has expired;

2. On its face substantially fails to conform to any of the requirements of the Health Insurance Portability and Accountability Act Privacy Rule of 1996;

3. Is known to have been revoked; or

4. Is known, or through a reasonable effort could be known, by the person holding the records to be materially false.

(h) In accordance with 45 C.F.R. §164.502 and Florida law, a personal representative of a deceased inmate shall have access to or may authorize the disclosure of the deceased inmate’s protected health information that is relevant to the personal representative’s legal authority to act on behalf of the deceased inmate or the deceased inmate’s estate.

1. The Department shall verify and document the authority of the personal representative to serve in that capacity. All requests for access to a deceased inmate’s protected health information shall be in writing and accompanied with documentation demonstrating the authority of the personal representative to serve in such capacity as specified in paragraph (2)(h), herein.

2. If the request is made by a person appointed by a court to act as the personal representative, an executor, an administrator, a curator, or a temporary administrator of the deceased inmate’s estate, accompanying documentation shall include a copy of the letter of administration and a copy of the court order appointing such person as the representative of the inmate’s estate.

3. If the request is made by a person designated by the inmate to act as his or her personal representative in a last will that is self-proved, accompanying documentation shall include a copy of the self-proved last will designating the person as the inmate’s representative.

4. If the request is made by a surviving spouse, a surviving adult child of the inmate, or a parent of the inmate, accompanying documentation shall include a letter from the person’s attorney verifying the person’s relationship to the inmate and the absence of a court-appointed representative and self-proved last will.

5. To authorize the disclosure of the deceased inmate’s protected health information, Form DC4-711B, Consent and Authorization for Use and Disclosure Inspection and Release of Confidential Information must be signed by a personal representative.

(i) In accordance with 45 C.F.R. §164.502, a personal representative of a living inmate shall have access to or authorize the disclosure of the inmate’s protected health information that is relevant to the personal representative’s legal authority to make health care decisions on behalf of the inmate. Form DC4-711B, Form DC4-711Bsp, or any other authorization used for these purposes shall be signed by the inmate or the inmate’s personal representative in accordance with Florida law. In accordance with 45 C.F.R. §164.514(h)(1), the Department shall verify and document the authority of the personal representative to serve in that capacity.

(j) In addition to the access described above, in accordance with Section 395.3025, F.S., an inmate’s guardian, curator, personal representative, or in the absence of one of those persons, next of kin of a decedent or the parent of a minor, shall have access to the protected health information contained in an inmate’s hospital file created and maintained by the Reception Medical Center Hospital after the discharge of the inmate.

(k) In accordance with 45 C.F.R. § 164.514(h), the Department shall verify the identity and the authority of a person requesting access to an inmate’s protected health information if the identity or authority of such person is not known.

(l) No information concerning test results, or other protected health information, shall be released over the telephone without proper verification that the caller is the person authorized to receive such information. All calls requesting the disclosure of protected health information over the telephone shall be forwarded to the Chief Health Officer, the Nursing Supervisor or their designees.

(m) Copies of protected health information will be provided upon receipt of payment as provided in subsection 33-601.901(2), F.A.C.

Rulemaking Authority 944.09, 945.10 FS. Law Implemented 119.07, 395.3025, 944.09, 945.10, 945.25, 945.6034 FS. History–New 4-15-10, Amended 8-6-13, 5-25-16, 7-15-18.

33-402.101 Dental Services – General.

(1) The Department of Corrections Office of Health Services shall ensure that a comprehensive program of dental services, supervised by a dentist, is available to all inmates under its jurisdiction. The dental services program shall include emergency dental services, urgent dental services, preventative dental services and routine dental services.

(2) Definitions.

(a) Emergency dental services include treatment for trauma, control of bleeding, and acute infection. Emergency dental services shall be available to inmates 24-hours a day.

(b) Urgent dental services include treatment for chipped teeth, tooth pain, lost crowns or fillings, or broken dentures. All Department of Corrections dental clinics shall hold daily sick call, when a dentist is available, to provide dental access to those inmates who cannot wait for a routine appointment but do not meet the criteria for emergency dental services.

(c) Preventative dental services include oral (mouth) exams and regular oral hygiene. The Department of Corrections shall provide each inmate oral hygiene supplies including a toothbrush and a toothpaste containing fluoride. The inmate shall also be provided education in the use of oral hygiene supplies.

(d) Routine dental services are available by request and include examination, diagnosis, and treatment provided per a written treatment plan. Oral surgery is also available to all inmates; however, oral surgery for purely cosmetic reasons will not be performed. Orthodontics or the treatment of misaligned teeth is excluded from routine services and shall not be provided unless the lack of orthodontic services adversely affects an inmate’s health.

(3) All inmates are required to receive an orientation to dental services within seven days of arrival at their assigned institutions. The dental orientation shall include:

(a) An explanation of access to dental care, including the hours of emergency, sick-call and routine dental care;

(b) How to request dental care; and

(c) A group oral hygiene presentation.

(4) Each inmate shall receive a dental examination to determine his or her dental needs as soon as possible, but not later than seven days after incarceration at a reception center.

(5) Dental periodic oral examinations shall be done every two years until the inmate is 50 years of age, and annually thereafter.

(a) Only a dentist may perform a dental periodic oral examination.

(b) An inmate in an active treatment program is not required to receive a dental periodic oral examination. Sick call and emergency dental visits are not considered an active treatment program and will not affect the periodic oral examination date.

(c) An inmate may refuse specific dental examinations and treatments. Inmates who refuse dental services will be required to sign Form DC4-711A, Refusal for Health Care Services. Form DC4-711A is incorporated by reference in Rule 33-602.210, F.A.C. By refusing an examination or treatment at a particular time, the inmate does not waive his or her right to subsequent dental care.

(6) Proper oral hygiene shall be reinforced throughout the inmate's dental treatment plan. A complete prophylaxis (cleaning) is included as part of the dental treatment plan. Auxiliaries can be utilized to assist in oral hygiene services in accordance with the State Dental Practice Act, Chapter 466, F.S.

(7) Dental services available to inmates are based upon four levels of dental care.

(a) Level I dental care is available to inmates during the reception process. It includes:

1. An intake dental examination performed by a dentist and the development of a provisional treatment plan.

2. Necessary extractions as determined by the intake dental examination.

3. Emergency dental treatment including treatment of soft tissue disease.

(b) Level II dental care is available to inmates with less than six months of Department of Corrections’ incarceration time. It includes:

1. All Level I care.

2. Tooth decay control with temporary fillings.

3. Limited cleaning of symptomatic area with emphasis on oral hygiene practices.

4. Complete and partial denture repairs provided the inmate has sufficient Department of Corrections’ incarceration time remaining on his or her sentence to complete the repair.

5. If an inmate has no upper or lower teeth and requests dentures, the inmate is to be placed on the appointment waiting list at his or her permanent facility. The inmate is not required to wait six months for Level III care.

6. In cases of medical referral, inmates are to be scheduled as soon as possible for evaluation for dental care.

(c) Level III dental care is available to inmates with six months or more of continuous Department of Corrections’ incarceration time. Level III includes:

1. All Levels I and II care.

2. Complete dental examination with X-rays, periodontal (gum) screening and recording, and development of a dental treatment plan.

3. Teeth cleaning, gum examination and oral hygiene instructions.

4. Complete dentures provided the inmate has at least four months of continuous Department of Corrections’ incarceration time remaining on his or her sentence.

5. After the inmate has received a complete cleaning he or she is eligible for:

a. Fillings/Restorative Treatment.

b. Partial dentures.

I. Acrylic partial dentures provided the inmate has at least four months of continuous Department of Corrections’ incarceration time remaining on his or her sentence. Acrylic partial dentures will not be made available for purely cosmetic reasons.

II. Cast partial dentures will be fabricated only when the oral condition precludes the fabrication of acrylic partial dentures.

III. Each inmate is responsible for the loss, destruction, or mutilation of removable prosthetics. Failure to take responsibility for the removable prosthetics is not justification for replacement at Department of Corrections’ expense. In cases where intentional damage or loss is suggested, the incident will be considered the same as willfully damaging state property and will be dealt with in accordance with existing department policies.

IV. When indicated, dentures(s) are eligible for replacement every five years. Dentures required more often will be charged to the inmate unless such a requirement is caused by a change in the inmate’s dental condition that renders the existing denture(s) nonfunctional.

c. Nonemergency endodontic (root canal) therapy is available to Level III inmates (more than six months of continuous Department of Corrections’ incarceration time) when clinically indicated. All teeth receiving endodontic therapy must have adequate support in the surrounding gum tissues and have a good chance of recovery and long-term retention. In addition, posterior teeth receiving endodontic therapy must be crucial to arch integrity (no missing teeth in the quadrant or necessary as a partial denture abutment.)

d. Basic nonsurgical periodontal therapy as necessary.

(d) Level IV dental care represents advanced dental services that may be available on a limited basis.

1. This level of dental care is available to inmates on an as-needed basis after completion of Level III services and successful demonstration of a plaque free index score of 90 percent or greater for two consecutive months. If an inmate cannot demonstrate that he or she is following an acceptable oral hygiene program, advanced dental therapy will not be considered.

2. Dental care and follow-up to highly specialized procedures such as orthodontics and implants placed before incarceration will be managed on an individual basis after consulting with the Director of Dental Services. The inmate will be responsible for the costs of continuation of care associated with both orthodontics and implants initiated before incarceration.

3. Fixed prosthetics (multiple units) are not to be done except in unusual circumstances and only when an adequate restoration cannot be placed. The inmate will be responsible for the lab charges associated with the replacement of single unit crowns installed prior to incarceration.

(8) Dental Care Requests, Complaints and Formal Grievances.

(a) Inmate requests for dental services shall be submitted on Form DC6-236, Inmate Request or Form DC4-698A, Inmate Sick-Call Request, and submitted to the Senior Dentist or his or her designee. Form DC4-698A is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Bureau of Policy Development. 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-17175. The effective date of this form is 12/24. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(b) Inmates wishing to file a complaint or formal grievance shall follow the grievance procedure as described in Rule 33-103.001, F.A.C.

(9) Co-payments for Dental Services.

(a) Inmates must make a co-payment for each nonemergency dental visit as described in Section 945.6037, F.S.

(b) There will be no co-payment for emergency dental services. If an inmate declares a dental emergency that does not meet the dental emergency guidelines, no treatment will be rendered, and a co-payment charge will be assessed.

(10) Missed Appointments. Inmates who do not keep their dental appointments shall be rescheduled, with the following exceptions:

(a) All inmates having two non-security related no-shows in a row or having a history of no-shows shall be brought to the dental clinic to determine their desire to continue dental care;

(b) All inmates having three non-security related no-shows within a six-appointment time span shall be removed from the dental treatment list and will not be rescheduled again for routine or comprehensive dental care unless a written request is submitted for continuation for dental care. If such written request is submitted, the inmate will be placed on the appointment waiting list and will not be given preferential appointments unless the inmate’s overall health would be adversely affected by delaying dental treatment.

Rulemaking Authority 944.09 FS. Law Implemented 466.001, 466.003, 466.017, 466.023, 466.024, 944.09, 945.6034, 945.6037 FS. History–New 6-11-08, Amended 4-23-20, 5-25-21, 12-2-24.

33-404.101 Mental Health Services Program – Purpose and Scope.

(1) Mental health services are those services and activities that are provided primarily by mental health staff and secondarily by other health care staff for the purposes of:

(a) Identifying inmates who are experiencing disabling symptoms of a mental disorder that impair the ability to function adequately within the incarceration environment;

(b) Providing appropriate intervention to alleviate disabling symptoms of a mental disorder;

(c) Assisting inmates with a mental disorder with adjusting to the demands of prison life;

(d) Assisting inmates with a mental disorder to maintain a level of adaptive functioning; and

(e) Providing re-entry mental health planning to facilitate the inmate’s continuity of care after release to the community.

(2) Access to necessary mental health services shall be available to all inmates within the department, shall be provided in a non-discriminatory fashion, and shall be provided in accordance with prevailing community and correctional standards of care. All inmates are eligible to receive mental health screening and evaluation as necessary.

(3) The department shall provide the following levels of mental health care:

(a) Outpatient;

(b) Infirmary;

(c) Transitional;

(d) Crisis Stabilization; and

(e) Corrections Mental Health Treatment Facility Care.

(4) Final medical responsibility and authority for mental health matters at the institutional level rest with the chief health officer or medical executive director, with support and oversight provided by the regional mental health consultant, director of mental health services and assistant secretary for health services.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.40, 945.49 FS. History–New 5-27-97, Formerly 33-40.001, Amended 3-1-11.

33-404.102 Provision of Mental Health Services.

(1) All inmates entering the department shall have access to necessary mental health services as established by this chapter.

(2) Inmates shall have access to mental health services commensurate with their needs as determined by health care staff.

(3) Inmates shall move between levels of care according to their level of adaptive functioning and treatment needs.

(4) All inmates who are receiving mental health services shall have an individualized services plan developed by mental health service providers.

(5) Inmates who are assigned to administrative confinement under Rule 33-602.220, F.A.C., disciplinary confinement under Rule 33-602.222, F.A.C., protective management under Rule 33-602.221, F.A.C., close management under Rule 33-601.800, F.A.C., or maximum management under Rule 33-601.820, F.A.C., and require necessary mental health services shall be referred to mental health staff immediately or to medical staff in the absence of mental health staff.

(6) The department shall establish a mental health classification system with which to identify inmates with a mental disorder that, in the clinical judgment of mental health staff, will adversely impact on the inmate’s ability to adapt to the incarceration environment. The classification system shall identify inmates according to their level of mental and adaptive functioning and treatment needs.

(7) Before mental health evaluation and treatment are rendered to an inmate, the provider of such services shall ask the inmate to give express and informed written consent, after the limits on confidentiality are explained, unless such consent is already documented. The explanation shall enable the inmate to make a voluntary decision without any element of fraud, deceit, duress, or any other form of constraint or coercion.

(8) If an inmate requires long-term involuntary treatment, the inmate shall be referred to a corrections mental health treatment facility in accordance with Rule 33-404.2095, F.A.C.

(9) Conditions and Privileges of Inmates Receiving Inpatient Mental Health Services. Notwithstanding Rule 33-602.101, F.A.C., and subject to the provisions of Rule 33-404.112, Risk Assessment of Inmates in an Inpatient Setting, inpatient inmates shall be managed in accordance with Form DC4-664B, Behavioral Management Progress System. Form DC4-664B, Behavioral Management Progress System is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-10013. The effective date of the form is 11/18.

(10) An inmate receiving inpatient mental health services shall have access to the courts and legal materials as provided in Rule 33-501.301, F.A.C. However, if the psychologist, or a psychiatrist in the absence of the psychologist, determines that an inmate’s access to the law library must be restricted in order to prevent injury or harm to the inmate or others, security and mental health staff shall immediately notify the law librarian. The law librarian will coordinate with mental health and security staff to ensure that the inmate has access to necessary law library services, such as inmate law clerk visits, to ensure that the inmate meets any pending legal deadlines during the restriction.

(11) During hours other than 8 a.m. to 5 p.m., Monday through Friday and observed holidays, the shift supervisor of an inpatient unit, in the absence of a psychologist or psychiatrist, and after consulting with the on duty health care staff, may authorize the temporary restriction of any property being used to create an immediate threat to the security of the unit that prevents security staff from accomplishing required functions in the unit. Any property restrictions authorized by the shift supervisor shall be limited to those items necessary to neutralize the threat. All restrictions must be reviewed for further disposition by the Multidisciplinary Services Team (MDST) on the next business day.

(12) An inmate’s access to property or privileges will be restricted upon the recommendation of licensed mental health staff when access to the property or privilege poses a threat of self-injury to the inmate or to the health or safety of other inmates or staff. The restrictions, together with justifications for the restrictions, shall be documented in the inmate’s medical file. Restrictions imposed under this paragraph shall be reviewed by the psychologist or psychiatrist not less than every 72 hours to determine whether the continuation or modification of the restriction is necessary. The review and any resulting action shall be documented in the inmate’s medical file.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.48, 945.49 FS. History–New 5-27-97, Formerly 33-40.002, Amended 3-1-11, 11-7-18.

33-404.103 Mental Health Services – Definitions.

(1) The definitions in this rule are applicable to all rules under Chapter 33-404, F.A.C.

(2) “Behavioral Management Progress System” (or “BMPS”) – refers to a structured system of performance-based behavioral incentives and consequences used to facilitate adaptive functioning, promote constructive goal-oriented behavior, develop coping skills, and provide opportunities to demonstrate self-care, self-control, appropriate interpersonal interactions, compliance with rules, and cooperation with the treatment regimen. The levels are sequentially organized for the provision of progressive incentives to encourage compliance with the prescribed treatment regimen, involvement in unstructured out of cell activities, proper care of personal property, and participation in psychoeducation groups and therapeutic activities. Placement, advancement, or recession within the levels is based on demonstrated inmate behavior, including: prosocial behavior, compliance with prescribed treatment modalities, aggressive acts, disruptive outburst, or other maladaptive behaviors. Individualized modification to an inmate’s assignment to a level in the BMPS is approved by the MDST and documented in the mental health record.

(3) “Business Day” refers to any calendar day except Saturday, Sunday, or a paid holiday as defined in Section 110.117, F.S.

(4) “Corrections Mental Health Treatment Facility” refers to an inpatient mental health unit that provides ongoing involuntary mental health treatment in accordance with Sections 945.40 ‒ 945.49, F.S.

(5) “Crisis Stabilization Care” means a level of care that is less restrictive and intense than care provided in a mental health treatment facility, that includes a broad range of evaluation and treatment services provided within a highly structured setting or locked residential setting, and that is intended for inmates who are experiencing acute emotional distress and who cannot be adequately evaluated and treated in a transitional care unit or infirmary isolation management room. Such treatment is also more intense than treatment provided in a transitional care unit and is devoted principally toward rapid stabilization of acute symptoms and conditions.

(6) “Critical Event” – Involvement of an inpatient inmate in one or more of the following events or behaviors: receipt of a disciplinary report, assignment to self-harm observation status after committing an act of self-injury, homicide, attempted homicide, escape, attempted escape, physical or sexual assault or battery, or attempted physical or sexual assault or battery.

(7) “Individualized Service Plan” – A written description of an inmate’s current problems, goals, and treatments.

(8) “Infirmary Mental Health Care” (IMH) is the first and least restrictive level of inpatient mental health care, and consists of brief admission to the institutional infirmary for patients residing in the general prison community.

(9) “Inpatient Level of Care” – Mental health care provided at Corrections Mental Health Treatment Facilities, Crisis Stabilization Units, Transitional Care Units, and Infirmary Mental Health Care Units.

(10) “Inpatient Units” – Includes the Corrections Mental Health Treatment Facilities (CMHTF), Crisis Stabilization Units (CSU), and Transitional Care Units (TCU).

(11) “Isolation Management Room” – A cell in an infirmary mental health care unit, transitional care unit, crisis stabilization unit, or a corrections mental health treatment facility that has been certified as being suitable for housing those with acute psychological impairment or those who are at risk for self-injury.

(12) “Mental Health Care” – Mental health screening, assessment, evaluation, treatment, or services that are delivered in inpatient or outpatient settings by mental health staff.

(13) “Mentally Ill” means an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with the person’s ability to meet the ordinary demands of living. However, for the purposes of transferring an inmate to a mental health treatment facility, the term does not include a developmental disability as defined in Section 393.063, F.S., simple intoxication, or conditions manifested only by antisocial behavior or substance abuse addiction. However, an individual who is developmentally disabled may also have a mental illness.

(14) “Multidisciplinary Services Team” (MDST) – Staff representing different professions and disciplines, which has the responsibility for ensuring access to necessary assessment, treatment, continuity of care and services to inmates in accordance with their identified mental health needs, and which collaboratively develops, implements, reviews, and revises an individualized service plan, as needed.

(15) “Residential Continuum of Care” – Specialized residential mental health units that provide augmented outpatient mental health treatment and habilitation services in a protective environment for inmates with serious psychological impairment associated with a historical inability to successfully adjust to daily living in the incarceration environment.

(16) “Structured Out of Cell Treatment and Services” (SOCTS): Weekly scheduled individualized treatment services, psychoeducational groups and therapeutic activities to ameliorate disabling symptoms of a diagnosed mental illness and improve behavioral functioning as identified in the individualized service plans.

(17) “Transitional Mental Health Care” means a level of care that is more intensive than outpatient care, but less intensive than crisis stabilization care, and is characterized by the provision of traditional mental health treatments such as group and individual therapy, activity therapy, recreational therapy, and psychotropic medications in the context of a structured residential setting. Transitional mental health care is indicated for a person with chronic or residual symptomatology who does not require crisis stabilization care or acute psychiatric care, but whose impairment in functioning nevertheless renders him or her incapable of adjusting satisfactorily within the general inmate population.

(18) “Unstructured Out of Cell Time” – Out of cell activities monitored by security staff without involvement of mental health staff, including, but not limited to, outdoor recreation, dayroom, visitation, telephone calls, and showers.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.42, 945.49 FS. History–New 5-27-97, Formerly 33-40.003, Amended 10-19-03, 3-1-11, 11-7-18, 2-10-22.

33-404.106 Admission to Infirmary Mental Health Care, Transitional Care, or Crisis Stabilization.

(1) The right to refuse health care is inherent for all inmates committed to the custody of the department, except in cases in which refusal of care poses a serious threat to the inmate’s health or safety or the health or safety of other inmates or staff.

(2) Admission to infirmary mental health care, crisis stabilization, or transitional care may not be refused.

(3) An inmate’s refusal of evaluation or treatment and all observations and assessments regarding the refusal shall be properly documented in the inmate’s health record.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.48, 945.49 FS. History–New 5-27-97, Formerly 33-40.006, Amended 3-1-11.

33-404.108 Discipline of Inmates Diagnosed as Mentally Ill.

(1) Inmates diagnosed as mentally ill shall be subject to the provisions of Rules 33-601.301-.314, F.A.C., Inmate Discipline, except as as provided in this rule and Rule 33-404.112, F.A.C.

(2) The Mental Health Program Office is authorized to provide written or verbal input to the disciplinary team prior to disciplinary action being taken against any inmate who has a diagnosed mental illness. The input shall be limited to whether the patient’s mental illness may have contributed to the alleged disciplinary offense and, if so, a recommendation for disposition or sanction options or alternative actions.

(3) Prior to the issuance of a disciplinary report for an incident of maladaptive behavior occurring in a Florida Department of Corrections inpatient mental health unit or in the residential continuum of care units, the correctional officer shift supervisor shall discuss the incident and circumstances with the supervising psychologist or the psychological services director to determine whether a disciplinary report will be issued. The consultation will be documented in the inmate’s mental health record.

(4) For inmates receiving any inpatient level of care who have been issued a disciplinary report, written input must be provided by a psychologist, or a psychiatrist in the absence of the psychologist. For inmates in outpatient settings who have been issued a disciplinary report, written input by a fully licensed clinician within the Mental Health Program Office, must be provided for those inmates that have a current diagnosis associated with documented psychotic features, autism spectrum disorder, dementia, or intellectual disability.

(5) For inpatient, the written input by the psychologist, or a psychiatrist in the absence of the psychologist, will be documented on Form DC6-1008, Disciplinary Team Mental Health Consultation, and will be the result of a record review, a review of a copy of the statement of facts, and a clinical interview with the inmate. For outpatient, the written input by the fully licensed clinician within the Mental Health Program Office will be documented on Form DC6-1008, Disciplinary Team Mental Health Consultation, and will be the result of a record review, a review of a copy of the statement of facts, and a clinical interview with the inmate. Form DC6-1008 will be completed and provided to the disciplinary team prior to the disciplinary hearing. The results of the clinical assessment shall also be documented in the inmate’s medical file. The disciplinary team shall incorporate the written input by the the Mental Health Program Office, into their final decision. Form DC6-1008, Disciplinary Team Mental Health Consultation, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-17153. The effective date of the form is 11/24.

(6) For inmates receiving any inpatient level of care who have been found guilty of a disciplinary charge, the disciplinary process shall proceed in accordance with Rules 33-601.301-601.314, F.A.C., except these inmates shall not receive a penalty of disciplinary confinement. In lieu of disciplinary confinement, as provided in Rule 33-602.222, F.A.C., the disciplinary team’s findings shall be referred to the Multidisciplinary Services Team (MDST) for review and revision to the Individualized Services Plan, Form DC4-643A, as incorporated in Rule 33-601.800, F.A.C., and for consideration of adjustment of privileges in accordance with the Behavioral Management Progress System, Form DC4-664B.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.49 FS. History–New 5-27-97, Amended 7-9-98, Formerly 33-40.008, Amended 7-9-12, 11-7-18, 11-12-24.

33-404.112 Risk Assessment of Inmates in an Inpatient Setting.

(1) When an inmate is admitted to an inpatient unit, any prior confinement or close management status shall be suspended until the inmate is discharged from the specialized care setting. Absent inmate behavior that constitutes an immediate and present danger to the safety of staff and inmates, the inmate’s security restraint status shall not be changed before the completion of their initial assessment of risk for violence.

(2) The Risk Assessment Team (RAT) shall consist of a security representative with the level Major or above with responsabilities in the inpatient unit, who shall serve as the team leader, a psychologist, and classification officer who are all assigned to the inpatient unit where the inmate is admitted. The RAT shall complete an initial assessment of risk for violence as set forth in this chapter. The RAT shall be responsible for making a determination of the inmate’s security restraint status for use anytime the inmate is out of his or her cell.

(3) The RAT leader will be responsible for scheduling the initial assessment for the risk of violence. These risk assessment meetings will occur within 3 business days of an inmate’s admission to a crisis stabilization unit, or within 7 business days of an inmate’s admission to transitional care unit or a corrections mental health treatment facility, an initial assessment of risk for violence shall be completed by a risk assessment team using Form DC6-2087, Risk Assessment for Inpatient Treatment. Form DC6-2087, Risk Assessment for Inpatient Treatment, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14011. The effective date of the form is 02/22. Decisions on the use of security restraints on the inpatient unit shall be individualized and made on a case-by-case basis and referenced in Form DC6-2087. The assessment of risk for violence shall include a review of all mental health and institutional records, the inmate’s adjustment to incarceration, and the inmate’s disciplinary or confinement status at the time of the referral for inpatient treatment and shall be documented in the medical file via a copy of Form DC6-2087.

(4) After the initial risk assessment, the Multidisciplinary Services Team (MDST), as defined in Rule 33-404.103, F.A.C., shall be responsible for modifications for housing and structured out-of-cell treatment and services via the Behavioral Management Progress System. Any such modifications shall be documented in the inmate’s inpatient medical file.

(5) Subsequent periodic assessments of risk for violence shall be completed by a RAT using Form DC6-2087. The RAT leader will be responsible for scheduling a subsequent periodic risk for violence assessment within 90 days of the initial risk assessment and at least every 90 days thereafter. RAT reviews shall also be conducted within 3 business days after the occurrence of any critical event, as defined in Rule 33-404.103, F.A.C.

(6) At any time between the required intervals established in subsection (5), the psychologist, with the consent of the MDST, may request the risk assessment team to review and determine the necessity for the security restraints, or the level of security restraints, any time he or she is outside of his or her cell. The MDST’s request will be documented by the psychologist in the inmate’s inpatient medical file. The RAT’s review will be documented on Form DC6-2087. An inpatient inmate whose conduct or behavior results in a Disciplinary Report shall be subject to the provisions of Rule 33-404.108, F.A.C.

(7) The psychologist will provide information to the other members of the RAT whether the recommended restraints are contraindicated by the inmate’s current psychological/behavioral functioning. If the psychologist determines there is a contraindication, but security and/or classification team members determine the security restraints must be applied, the Warden and Florida Department of Corrections’ Director of Mental Health Services or his or her designee will collaborate to make a final determination. Under no circumstances shall the psychologist decide whether an inmate shall be subjected to security restraints.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.49 FS. History–New 11-7-18, Amended 2-10-22.

33-404.201 Operation, Administration, and Designation of Corrections Mental Health Treatment Facilities.

(1) The department is responsible for the operation and administration of corrections mental health treatment facilities, which are established to provide for the treatment of inmates who have a mental disorder requiring intensive mental health treatment at the hospital level.

(2) The assistant secretary for health services designates mental health treatment facilities at the following institutions:

(a) Lake Correctional Institution (males);

(b) Suwannee Correctional Institution (males);

(c) Reception and Medical Center (males); and,

(d) Florida Women’s Reception Center (females).

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.41, 945.42, 945.49 FS. History–New 11-3-85, Formerly 33-23.01, Amended 10-9-96, Formerly 33-23.001, Amended 10-19-03, 3-1-11, 10-6-14, 12-22-15, 7-27-16.

33-404.2095 Placement in Mental Health Treatment Facilities.

(1) An inmate shall be considered for placement in a corrections mental health treatment facility when he or she is in need of care and treatment as defined in Section 945.42, F.S.

(2) Placement in a corrections mental health treatment facility can only be made from a crisis stabilization unit and, except for emergencies as described in Rule 33-404.2096, F.A.C., all placements must be accompanied by a court order obtained in accordance with Section 945.43, F.S.

(3) The warden of the institution in which the crisis stabilization unit is housed shall recommend placement of an inmate in a corrections mental health treatment facility in accordance with Section 945.43, F.S.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.42, 945.43 FS. History–New 3-1-11.

33-404.2096 Emergency Placement in Mental Health Treatment Facilities.

An inmate who has a mental disorder and is in immediate need of care and treatment as defined in Section 945.42(5), F.S., that cannot be provided at the institution where the inmate is currently housed may be placed in a corrections mental health treatment facility in accordance with Section 945.44, F.S.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.42, 945.44 FS. History–New 3-1-11.

33-404.2097 Discharge from Mental Health Treatment Facilities.

When an inmate is no longer in need of care and treatment as defined in Section 945.42(6), F.S., he or she shall be discharged from a corrections mental health treatment facility to a transitional care unit for at least thirty days prior to being transferred to a less restrictive setting.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.42, 945.47 FS. History–New 3-1-11.

33-404.2098 Continued Placement in Mental Health Treatment Facilities.

(1) An inmate may be retained in a corrections mental health treatment facility if he or she has a mental disorder and continues to be in need of care and treatment as defined in Section 945.42(6), F.S.

(2) In accordance with Section 945.45, F.S., the warden of the institution where the corrections mental health treatment facility is located shall file a petition with the Division of Administrative Hearings for an order authorizing continued placement of an inmate in the facility prior to the expiration of the period during which the facility is authorized to retain the inmate.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.42, 945.45 FS. History–New 3-1-11.

33-404.210 Corrections Mental Health Treatment Facilities – Consent to Treatment.

(1) Before treatment is initiated within a corrections mental health treatment facility as defined in Rule 33-404.103, F.A.C., the inmate shall be asked to give express and informed written consent for such treatment in accordance with Section 945.48, F.S.

(2) If the inmate is placed in a corrections mental health treatment facility by order of a court and refuses treatment deemed necessary for the appropriate care and safety of the inmate or others, the warden shall petition the circuit court serving the county in which the corrections mental health treatment facility is located for an order authorizing the treatment of the inmate in accordance with Section 945.48, F.S.

(3) When the consent of the inmate cannot be obtained, the warden or designee, with the concurrence of the inmate’s attending physician, may authorize emergency surgical or non-psychiatric medical treatment if such treatment is deemed lifesaving or if there is a situation threatening serious bodily harm to the inmate.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.48 FS. History–New 4-30-91, Formerly 33-23.026, Amended 3-1-11.

33-501.301 Law Libraries.

(1) In order to ensure that each inmate in the custody of the department has adequate access to the courts and to legal materials necessary for the preparation of legal documents, the department shall provide law libraries and related services as described in this section and in Rules 33-210.102 and 33-501.302, F.A.C.

(2) Definitions.

(a) Central office library services: the library services section in the Bureau of Education in the department’s central office headquarters.

(b) Deadline: any requirement imposed by law, court rule, or court order that imposes a maximum time limit on the filing of legal documents with the court.

(c) Illiterate: academic competence below the 9th grade level, as measured by the Test of Adult Basic Education as provided in Rule 6A-6.014, F.A.C.

(d) Incompetence or incompetent: oral or written statements or conduct that demonstrates to departmental staff that an inmate law clerk does not have ability or knowledge to research and use the law library collection, to provide inmates with accurate information on the law and civil or criminal procedure, or to assist inmates in the preparation of legal documents or legal mail.

(e) Inmate law clerk: any inmate whom an institution has assigned to work in a law library in departmental inmate work assignment code L04. Inmate law clerks have successfully completed the department’s law clerk training program, or have equivalent legal training, and have “LEGAL” or “LAW” certificate entries recorded in the department’s offender database.

(f) Inmate law clerk trainee: any inmate whom an institution has assigned to work in a law library in departmental inmate work assignment code L03. Inmates must meet all of the qualifications established in paragraph (7)(d), to be assigned as a law clerk trainee.

(g) Inmate library clerk: any inmate whom an institution has assigned to work in the law library in departmental work assignment code L01.

(h) Interstate Corrections Compact: an interstate agreement that permits the state of Florida to transfer custody of Florida inmates to other state correctional systems in accordance with Sections 941.55-.57, F.S.

(i) Law library collection: print and digital/non-print publications that include the following information: the Florida Constitution and Florida Statutes; the U.S. Constitution and U.S. Code; Florida court decisions; U.S. Supreme Court, federal circuit court, and federal district court decisions; Florida and federal practice digests; forms manuals; and secondary source materials providing research guidance in the areas of federal habeas corpus, Florida post-conviction and post-sentence remedies, and prisoner’s rights. Law library collection shall also include current copies of departmental rules and regulations as provided in paragraph (5)(b).

(j) Law library supervisor: a library program specialist, librarian specialist, library technical assistant, and, whenever these positions are vacant, any other employee whom the warden or designee appoints to oversee operation of the institution’s law library program.

(k) Legal assistance: those services that the law library program or inmate law clerks provide to the inmate population. They include: providing inmates access to law library materials; assisting inmates in conducting legal research; assisting inmates with the preparation of legal documents and legal mail and administrative actions filed with the Florida Commission on Offender Review or the Florida Bar; assisting inmates with the preparation of grievances filed with the Department of Corrections; providing inmates with access to grievance and court forms; providing indigent inmates with access to legal writing supplies pursuant to Rule 33-210.102, F.A.C.; and providing copying services to inmates pursuant to Rule 33-501.302, F.A.C.

(l) Library services administrator: the departmental employee in the Bureau of Education who is responsible for statewide coordination of library and law library services.

(m) Official state holiday: any day that the governor or the legislature of the state of Florida designates a state holiday.

(n) Open population inmates: inmates housed in general population at an institution or unit with a law library and any inmates housed at satellite correctional facilities if law libraries are not located there.

(o) Personal legal papers: legal documents, legal correspondence, research notes, and transcripts relating to ongoing civil or criminal litigation where the inmate is a named plaintiff or defendant.

(p) Primary source material: legal research materials that constitute the law or have the force of law. These include constitutions, statutes, treaties, administrative rules, court rules, and court decisions.

(q) Priority access: the act of providing an inmate with exceptional access to the law library collection, inmate law clerks, interlibrary loan services, or to copying services.

(r) Research items: photocopies of cases, statutes, tables of contents, sections, or chapters from other reference titles in the institution’s law library collection that are loaned to inmates for legal research purposes. These do not include the inmate’s personal legal papers, pleadings, or transcripts.

(s) Satellite correctional facilities: a medium or minimum custody correctional facility, such as an annex, work camp, road prison, forestry camp, or drug treatment center. Satellite correctional facilities do not include work release centers.

(t) Working day: any weekday, i.e., Monday to Friday, except when the day is an official state holiday.

(3) Law Library Access – General.

(a) Hours of Operation. Law libraries shall be open for inmate use a minimum of 25 hours per week, except weeks that include official state holidays. Only times that inmates have access to the law library collection and inmate law clerks, or when inmate law clerks are providing research assistance to close management, death row, other special status populations, shall be counted. The law library’s operating schedule shall be designed to permit inmates access to legal materials consistent with:

1. Inmates’ security classification and housing assignments;

2. Staff and space limitations;

3. Scheduled work and other assignments; and,

4. Any other limitation based on the interests of security and order of the institution.

(b) Inmates at satellite correctional facilities without law libraries shall be provided access to the law library and inmate law clerks by means of correspondence, except as otherwise provided in paragraphs (3)(d), (e) and (f).

(c) Inmates who are temporarily transferred to correctional or medical facilities outside the department may secure legal assistance and access to legal research materials by submitting a written request to the library services administrator in the central office or the law library supervisor at the institution from which they were transferred. Inmates who are serving sentences imposed by the Florida courts by virtue of the Interstate Corrections Compact may secure legal assistance and access to legal research materials by writing the library services administrator in the central office. Correspondence should be directed to the Florida Department of Corrections, Attention: Library Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

(d) Law libraries shall provide interpreters for any language other than English that is native to 5 percent or more of the statewide inmate population. Inmates at satellite correctional facilities who require an interpreter shall be provided an opportunity to visit the law library within 1 week of submitting an oral request or Form DC6-236, Inmate Request, for legal assistance to the law library supervisor or other facility staff. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(e) Inmates who are illiterate or have disabilities that hinder their ability to research the law and prepare legal documents and legal mail, and need research assistance, shall be provided access to the law library and to inmate law clerks. These inmates may request legal assistance by making an oral request for same to the correctional staff working in their housing or confinement units, classification staff, work supervisors, mental health staff, or to the law library supervisor. Staff shall relay oral requests for legal assistance to the law library supervisor. Upon receipt of an oral request or Form DC6-236, Inmate Request, the law library supervisor shall schedule the inmate for a visit to the law library or a visit with an inmate law clerk.

(f) Inmates who must meet deadlines imposed by law, court rule, or court order shall be given priority in the use of the law library and related legal services. However, the inmate shall be responsible for notifying the department of the deadline in a timely manner. Department staff shall respond to a request for special access to meet a deadline within 3 working days of receipt of the request, not including the day of receipt. This period shall not be shortened due to the failure of the inmate to give timely notice of the deadline.

1. Priority access shall be granted if the maximum time limit is 20 or fewer calendar days.

2. Law library supervisors shall not excuse an inmate in open population at any institution, work camp, road prison, or forestry camp from a work or program assignment to use the law library for more than one-half of the inmate’s workweek. The warden or designee is authorized to afford individual inmates in open population additional research time in the law library when the inmate demonstrates an exceptional need for it. The inmate bears sole responsibility for proving why additional research time in the law library should be provided.

3. Upon confirmation of the deadline, the law library supervisor shall contact the classification department and schedule an appointment by call-out to enable excusing an inmate from his or her work or program assignment, and, where necessary, transportation from a satellite correctional facility.

4. Inmates who only need priority access to law library services, such as copying or interlibrary loan services, shall only be excused for as long as is necessary to request or receive the necessary assistance.

(g) No inmate shall be excused from a work or program assignment solely for the purpose of drafting legal documents and legal mail; such activities shall be performed during off-duty hours. Inmates in open population who do not have deadlines as described in paragraph (3)(f) shall be expected to use the law library or access law library services during off-duty hours.

(h) Inmates who mutilate, deface, or pilfer law library materials shall be subject to formal disciplinary action as provided in Rules 33-601.301-.314, F.A.C., and penalties for infraction may include a temporary suspension of the inmate’s privilege of on-site use of the law library of up to 30 days. The disciplinary team that presides over the disciplinary hearing shall determine the length of the suspension after considering the inmate’s past record of rule infractions while in the law library, assessing the material damage to the legal research collection, and determining whether the damage to the collection was intentional or inadvertent. Inmates who have been suspended from the law library shall conduct business through correspondence or through inmate law clerks rather than through personal visits to the law library. However, steps shall be taken to ensure that the inmate is not denied access to legal material during this suspension.

(4) Law Library Access for Inmates in Administrative Confinement, Disciplinary Confinement, Close Management, Protective Management, on Death Row, and in Medical or Mental Health Units.

(a) Inmates in administrative confinement, disciplinary confinement, close management, and maximum management shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver legal materials to their cells, and, as provided in paragraphs (3)(e) and (f), to visit with inmate law clerks. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule, or court order.

1. Inmates at Florida State Prison Main Unit who need research assistance from the law library shall submit Form DC6-236, Inmate Request, to the law library supervisor. Inmates shall be permitted to visit the law library if security requirements permit it. If security requirements prevent a personal visit to the law library, the inmate shall be required to secure legal assistance through visits with inmate law clerks or by means of correspondence.

2. At all other institutions, inmate law clerks shall visit the confinement unit at least once per week to provide assistance to inmates. Illiterate and disabled inmates shall be permitted to request a visit with an inmate law clerk by making an oral request for legal assistance to the correctional staff working in the confinement unit. Upon receipt of an oral request, the correctional staff shall permit the inmate to visit with an inmate law clerk at the next scheduled law clerk visit. All other inmates shall request law clerk visits by submitting Form DC6-236, Inmate Request, to the law library supervisor. The law library supervisor shall develop a list of the inmates in confinement who are approved for a law clerk visit, and shall provide a copy of that list to security staff on or before the inmate law clerk’s visit to the confinement unit.

(b) Inmates in mental health units shall be provided access to the law library and provided opportunities to visit with inmate law clerks. These inmates shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, and to have the law library deliver legal materials to their cells. These inmates may request legal assistance by submitting Form DC6-236, Inmate Request, to the law library supervisor or by making an oral request for legal assistance to the security or mental health staff working in the unit. Security and mental health staff shall relay oral requests for legal assistance to the law library supervisor. Upon receipt of a request, the law library supervisor shall arrange for an inmate law clerk to visit the inmate. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order.

(c) Inmates in protective management shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, and to have the law library deliver legal materials to their cells. Inmates in protective management shall have access to the law library, to include access to at least 1 inmate law clerk, during evening or other hours when general population inmates are not present. If security reasons prevent a visit to the law library, access shall be provided through visits with inmate law clerks or by means of correspondence. Efforts shall be made to accommodate the research needs of inmates who have filing deadlines imposed by law, court rule or court order.

(d) Inmates on death row shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver legal materials to the inmate’s cell, and to visit with inmate law clerks. Inmates on death row who have filing deadlines imposed by law, court rule or court order shall be permitted to visit the unit’s law library at least once per week for up to two hours if the law library has research cells and if security requirements permit it. If security requirements prevent a personal visit to the law library, the inmate shall be required to secure legal assistance through visits with inmate law clerks or by means of correspondence.

(e) Inmates who are temporarily housed in institutional infirmaries or hospitals, or who are on medical or dental lay-in, and who are unable to visit the law library due to medical or treatment reasons, shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library materials delivered to them, and to visit with inmate law clerks unless medical or security requirements prevent it. These inmates may secure legal assistance by contacting the law library supervisor. Upon receipt of an oral request or Form DC6-236, Inmate Request, or a referral from medical or dormitory staff, the law library supervisor shall assign an inmate law clerk to provide legal assistance to the inmate.

(f) Inmates shall be limited to possession of no more than 15 research items from the law library. Research items shall be loaned for a maximum of 21 days. Inmates who fail to return research items within 21 days shall be subject to disciplinary action as provided in Rules 33-601.301-.314, F.A.C. Institutions shall also limit the accumulation of research materials when possession of same in an inmate’s cell creates a safety, sanitation, or security hazard.

(5) Law Library Collections.

(a) Law libraries shall be established at all institutions and satellite correctional facilities housing more than 500 inmates. Every law library will have at least 1 legal research station providing access to the digital or non-print legal research materials described in paragraph (2)(i). The following criteria shall be considered in placing additional legal research stations:

1. Population and custody level;

2. Age of the inmate population;

3. The transitory nature of the institution’s inmate population;

4. Whether the institution has one or more of the following housing categories:

a. Protective management;

b. Close management; or

c. Death row.

(b) Law libraries shall maintain current copies of the following departmental rules and regulations:

1. Rules of the Florida Department of Corrections;

2. Department of Corrections Procedures, except those that the Office of the Secretary has directed be withheld from inspection by inmates for security reasons. No law library collection shall include departmental or institutional emergency plans, security post orders, or departmental operations manuals.

(c) Law libraries shall be maintained in a current condition by annual subscription service. The library services administrator shall be responsible for ensuring that all legal collections are current and complete.

(d) Law collections shall not be established at work release centers or other community-based facilities. Inmates at those facilities shall secure legal assistance by means of correspondence with a law library, by visits with attorneys, or by transportation or temporary transfer to an institution with a law library.

(e) The contents of legal collections shall be reviewed annually by the library services administrator to ensure continued compliance with applicable federal and state laws and American Correctional Association standards. When the library services administrator believes that titles need to be added or deleted from the collections, he or she shall make such recommendation to the chief of the Bureau of Education. If the recommendation is approved, the material shall be ordered and placed in law library collections.

(f) Requests for the addition or deletion of titles in law library collections shall be submitted in writing to the library services administrator in the central office. The library services administrator shall review all requests and make a recommendation to the chief of the Bureau of Education. Requests shall be reviewed according to the material’s primary research value and whether it substantively provides additional information or merely duplicates what is in the current collection. If the recommendation is approved, the materials shall be ordered and placed in law library collections.

(g) The library services administrator shall review the allocation of legal research stations provided to law libraries annually. The library services administrator shall submit a recommendation to add, transfer, eliminate, or maintain the current legal research stations to the chief of the Bureau of Education who shall review the recommendations and adjust the allocation of legal research stations based on the criteria in paragraph (5)(a), as soon as security requirements and procurement processes allow.

(h) Each law library shall maintain a list of all titles in the collection at the law library’s circulation counter and shall make it available to inmates upon request.

(6) Interlibrary Loan Services.

(a) Inmates at satellite correctional facilities without law libraries who need access to legal materials in law library collections shall submit Form DC5-152, Law Library Interlibrary Loan Request, or Form DC6-236, Inmate Request, to the law library supervisor at the main unit of the institution. Form DC5-152 is incorporated by reference in subsection (11), of this rule.

1. On receipt of Form DC5-152, Law Library Interlibrary Loan Request, the law library supervisor shall immediately assign an inmate law clerk to provide legal assistance.

2. If the law library has the information that the inmate has requested, the request shall be completed and returned to the inmate within three working days of receipt, not including the day of receipt, except when the request requires the researching of complex or multiple legal issues or is so broad in scope that work cannot be initiated without further information from the requesting inmate.

3. If the law library does not have the information that the inmate has requested, then within 2 working days of receipt, not including the day of receipt, the law library supervisor shall forward the request to an institutional law library that has the requested information. If no institutional law library has the requested information, the law library supervisor shall process the request as provided in paragraph (6)(c).

(b) Inmate requests to secure law materials not in the department’s law libraries shall be submitted to the library services administrator for review and approval. Only requests for primary source material shall be approved.

1. Inmates needing such materials are to submit Form DC5-152, Law Library Interlibrary Loan Request, to the institution’s law library supervisor. Form DC5-152, is to include the full and complete citation of the material needed and a written justification on why the material is needed. If any deadlines apply, the date of the deadline is to be noted on Form DC5-152. The law library supervisor is then to forward the request to the library services administrator in the central office. The correct mailing address is: Department of Corrections, Attention: Library Services, 501 South Calhoun, Tallahassee, FL 32399-2500.

2. The library services administrator or designee shall review the request and either approve it or disapprove it. If the request is disapproved, the reason for disapproval will be noted on the request and the request shall be returned to the requesting law library. The law library supervisor will provide a copy of Form DC5-152, Law Library Interlibrary Loan Request, to the inmate. If the request is approved, the request shall be forwarded to the Florida State University law library for completion. When the completed work is received from the Florida State University law library, it shall be mailed to the requesting law library. The law library supervisor will provide a copy of Form DC5-152 and the requested material to the inmate.

(c) Inmates with deadlines imposed by law, court rule, or court order shall be given priority in the handling of interlibrary loan requests, and such requests shall be submitted separately from requests not involving deadlines.

(d) Material received pursuant to an interlibrary loan request is the property of the law library and not the personal property of the inmate who requested it. The material shall not be removed from the law library without the written approval of the law library supervisor.

(e) No limits shall be placed on the number of requests for interlibrary loan service submitted by inmates. However, inmates in confinement and other special management housing shall be limited to possession of no more than 15 items at a time.

(7) Use of Inmates as Clerks in Law Libraries.

(a) Inmate library clerks: law libraries shall be assigned inmates as library clerks to perform work of a clerical nature. Duties of library clerks include circulating legal materials, maintaining law library files, keeping the law library clean and orderly, and assisting the law library supervisor in collecting statistics, preparing reports and correspondence, and other job tasks related to program operations. Library clerks who are assigned only such work shall not be required to complete the law clerk training program. Inmates assigned as library clerks shall not assist inmates in the preparation of legal documents and legal mail and shall not be assigned to conduct confinement visits unless accompanied by an inmate law clerk.

(b) Inmate law clerk trainees: inmates who have no formal training in legal research and who wish to work as inmate law clerks in law libraries shall be assigned as law clerk trainees and shall be required to attend and successfully complete the law clerk training program. Inmates assigned as law clerk trainees shall not assist inmates in the preparation of legal documents and legal mail and shall not be assigned to conduct confinement visits unless accompanied by an inmate law clerk.

(c) Inmate law clerks: law libraries shall be assigned inmates as inmate law clerks to assist inmates in the research and use of print and digital or non-print resources in the law library collection and in the drafting of legal documents, legal mail, administrative actions filed with the Florida Commission on Offender Review, the Florida Bar, and other administrative bodies, and inmate grievances filed with the Department of Corrections. A minimum of 2 inmate law clerks shall be assigned to law libraries in adult institutions, and a minimum of 1 inmate law clerk shall be assigned to law libraries in youthful offender institutions. Institutions shall assign additional inmate law clerks to the law library as needed to ensure that illiterate and impaired inmates are provided research assistance.

(d) Qualifications. Inmate law clerks shall:

1. Have a high school diploma, general educational development, or Test of Adult Basic Education (TABE) subtest scores of grade 9.0 or higher in reading and language or otherwise demonstrate that he or she possesses the reading and language skills necessary to read and understand the law, to conduct legal research, and to assist other inmates in legal research and the preparation of legal documents.

2. Have a release date that indicates that he or she has sufficient time remaining on his or her sentence to complete the law clerk training program and to perform work in the law library;

3. Have a satisfactory record of institutional adjustment;

4. Display a willingness to work and cooperate with others and the ability to perform the general duties of an inmate law clerk, including good oral and written communication skills, good comprehension, and intelligence.

(e) Law clerk training program. Central office library services shall develop a training program to provide inmates who work in law libraries with knowledge of legal research and writing, use of specific legal research materials to include digital or non-print resources in the law library collection, the law and rules of criminal law and post-conviction remedies, prisoners’ civil rights, and other subject matter identified as necessary for an inmate law clerk to provide meaningful assistance to inmates. Central office library services will document an inmate’s successful completion of the law clerk training program in the department’s offender database. Central office library services shall revoke or suspend certification for commission of acts prohibited by this section or for failure to satisfactorily perform the duties assigned to an inmate law clerk.

(f) Inmates who have prior educational or work experience in the law and who possess current knowledge of the law, knowledge of legal research materials, and knowledge of how to use them may be certified by the office of library services without having to complete the law clerk training program. Admissible educational achievements or work experiences include:

1. Receipt of an associate or bachelor’s degree in paralegal research or pre-law;

2. Receipt of a juris doctorate degree, or

3. One or more years of verifiable work experience as a paralegal working under the direct supervision of an attorney.

(g) At the time of an inmate’s assignment to work in the law library, the law library supervisor shall advise the inmate that he or she is not to disclose any information about an inmate’s legal case to other inmates.

(h) Incompetence. The law library supervisor shall immediately remove an inmate law clerk from his or her work assignment in the law library upon demonstration that the inmate law clerk is incompetent. When a law library supervisor removes an inmate law clerk for incompetence, he or she will immediately inform the library services administrator, to include providing a report detailing the reason(s) for removal. The library services administrator will review the matter to determine whether the removal should be temporary, as when a performance deficiency can be corrected through completion of additional training, or should be permanent. If the library services administrator determines that the performance deficiencies cannot be corrected through additional training, he or she will revoke the inmate’s law clerk certification. Central office library services shall also have the authority to order the removal of an inmate law clerk from his or her work assignment in the law library for incompetence.

(i) Prohibited conduct. Violation of any of the provisions of this section shall result in the immediate removal of the inmate law clerk from his or her work assignment in the law library and disciplinary action pursuant to Rules 33-601.301-.314, F.A.C. The library services administrator will be informed whenever an institution removes an inmate law clerk from the law library for the clerk’s violation of any of the following rules of conduct:

1. Inmate law clerks shall not act as legal representatives or in any way appear to be engaged in the unauthorized practice of law, to include participation in judicial and administrative hearings or telephonic hearings conducted for other inmates;

2. Inmate law clerks shall not sign or include their names, work assignment title, or a reference to certification as an inmate law clerk or trained paralegal in any legal document, legal mail, privileged mail, routine mail, or grievance prepared on behalf of an inmate;

3. Inmate law clerks shall not include their work assignment title or a reference to certification as an inmate law clerk or trained paralegal in the return address of their outgoing correspondence, or in legal documents, legal mail, privileged mail, routine mail and grievances;

4. Inmate law clerks shall not use department or institution letterhead stationery or memoranda to prepare personal letters or legal documents;

5. Inmate law clerks shall not charge nor shall they receive payment of any kind for providing legal assistance to inmates;

6. Inmate law clerks shall not disclose information about an inmate’s legal work to other inmates;

7. Inmate law clerks shall not conduct legal research or prepare legal documents for staff; and,

8. Inmate law clerks shall not display an unwillingness to work and cooperate with others or refuse or fail to perform the general duties of that work assignment.

(j) Upon receipt of notice that an inmate law clerk has been found guilty of a disciplinary report, the library services administrator will review the matter to determine whether the inmate’s law clerk certificate should be revoked. The determination as to whether the inmate’s certificate shall be revoked shall be based on a consideration of the following factors:

1. The findings of the disciplinary report;

2. Discussions with institution staff about the infraction;

3. A record of prior counseling or disciplinary action;

4. A record of multiple violations; and,

5. A determination that the violations were intentional rather than inadvertent.

If the library services administrator determines that revocation is warranted, the inmate’s law clerk training certificate shall be revoked and his or her certificate entry will be deleted from the offender database.

(k) No action shall be taken against an inmate law clerk for assisting, preparing, or submitting legal documents to the courts or administrative bodies, to include complaints against the department or staff. Good faith use or good faith participation in the administrative or judicial process shall not result in formal or informal reprisal against the inmate law clerk.

(l) An inmate law clerk who wishes to correspond in writing with inmate law clerks at other institutions regarding legal matters shall be required to obtain prior approval from the warden at his or her institution. The approved correspondence shall be mailed through institution mail from law library supervisor to law library supervisor.

(m) Inmate law clerks shall give all work files to inmates who are being transferred or released. If the inmate law clerk is unable to give the inmate the file prior to transfer, he or she shall give it to the law library supervisor. As soon as the inmate’s destination is known, the law library supervisor shall forward the file to the law library supervisor or other designated employee at the inmate’s new location for forwarding to the inmate. Work files for inmates who have escaped, died, or been released shall be handled in accordance with Rule 33-602.201, F.A.C.

(n) The law library supervisor at the institution from which an inmate is transferred may authorize an inmate law clerk at that institution to continue assistance to the transferred inmate on a pending matter if the inmate’s new institution or facility does not have a law library and the inmate requests continued assistance in writing.

(o) Central office library services shall suspend the law clerk certificate of an inmate when 4 years have passed since he or she worked in a law library as an inmate law clerk. Whenever a law clerk certificate is suspended, central office library services shall remove the certificate entry from the offender database. Central office library services shall reinstate the law clerk certificate once an inmate recompletes training pursuant to paragraph (7)(e), or otherwise demonstrates, pursuant to paragraph (7)(f), that he or she has the requisite educational experience to continue as a law clerk.

(p) Inmate law clerks must secure prior written approval from the law library supervisor on Form DC5-153, Personal Legal Papers Authorization, to retain their own or another inmate’s personal legal papers in the law library. Form DC5-153 is incorporated by reference in subsection (11), of this rule. At a minimum, the following information shall be documented on Form DC5-153: the committed name and DC number of the inmate who owns the papers; a list of all documents and papers to be retained in the law library and the number of pages for each; and the committed name and DC number of the inmate law clerk who is assisting the inmate. The inmate shall then sign and date the form and submit it to the law library supervisor for approval. If the law library supervisor approves the request, he or she shall sign the form and enter the date when the personal legal papers must be removed from the law library. Inmates who do not remove their personal legal papers from the law library by that date shall be subject to formal disciplinary action as provided in Rules 33-601.301-.314, F.A.C.

1. Only those personal legal papers that are specifically needed for research or to prepare the necessary legal documents or mail shall be stored in the law library. The personal legal papers may be retained in the law library for only as long as it takes to prepare the needed legal documents or legal mail or for 20 calendar days, whichever is shorter.

2. Inmates’ personal legal papers shall be secured in a locked file cabinet in the law library when the inmate law clerk is not present or using them. Inmate law clerks shall not take another inmate’s personal legal papers out of the law library unless approved in writing by the law library supervisor. Approval shall be limited to instances where the inmate law clerk is visiting the inmate in confinement or other special housing units and needs access to the papers during the visit to provide the needed legal assistance. Inmate law clerks who otherwise take another inmate’s personal legal papers out of the law library shall be subject to formal disciplinary action as provided in Rules 33-601.301-.314, F.A.C.

(q) Inmate law clerks shall not be permitted to conduct legal research or prepare legal documents and legal mail on personal legal matters during work hours unless:

1. The inmate law clerk has a legal deadline imposed by law, court rule, or court order to prepare legal documents and qualifies for priority access as provided in paragraph (3)(f), or

2. The inmate law clerk’s work schedule does not afford him or her any off-duty time during which to use the law library.

(8) Circulation and Control of Legal Materials.

(a) No part of the law library collection may be removed from the law library without the written approval of the law library supervisor. Inmates who remove legal materials from the law library without written authorization shall be subject to disciplinary action.

(b) The law library’s shelves shall be closed to direct access by inmates not assigned as library clerks, law clerk trainees, or inmate law clerks. Inmates needing access to legal materials shall direct a request to a library clerk, law clerk trainee, or inmate law clerk who shall then retrieve the material and issue it to him or her. Inmates shall sign for all legal research materials issued to them for use in the law library or library. At a minimum, inmates shall be permitted to sign out at least 1 case reporter and 1 other volume at a time.

(c) Law libraries shall maintain current inventories of all legal research materials in the collection.

(9) Grievance and Court Forms.

(a) Law libraries shall provide inmates access to Form DC6-236, Inmate Request, and Form DC1-303, Request for Administrative Remedy or Appeal. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C. Inmates shall not be required to submit a Form DC6-236 in order to secure grievance forms. Inmates who request more than 5 grievance forms at a time may be required to explain how the forms will be used.

(b) Law libraries shall provide inmates access to court-approved forms needed to file Rule 3.850, Florida Rules of Criminal Procedure, post-conviction relief petitions with the Florida courts. Federal habeas corpus, affidavits of insolvency, and civil rights complaint forms shall only be supplied if copies of the forms are provided to the law library by the federal courts. In all instances, law libraries are obligated to provide only 1 copy of the form. If additional copies are required for submission to the courts, the inmate shall secure them using the procedures established in Rule 33-501.302, F.A.C.

(10) All institutions having law libraries shall prepare a monthly law library report detailing at a minimum the days and hours that the law library was open to inmate use, the circulation of law library materials, the volume of legal services provided to inmates, the number of inmate law clerks on staff, and legal materials added to the law library collection during the month. This report shall be submitted to the library services administrator by the tenth day of each calendar month for the previous month’s activities. The library services administrator shall be responsible for developing the report and disseminating it to law libraries.

(11) Forms. The following forms are hereby incorporated by reference. A copy of each form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500 or at the link provided below:

(a) Form DC5-152, Law Library Interlibrary Loan Request, effective 2-29-18, https://www.flrules.org/Gateway/reference.asp?No=Ref-09133.

(b) Form DC5-153, Personal Legal Papers Authorization, effective 12-23-03.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 944.11, 944.292 FS. History–New 4-6-93, Amended 7-3-94, 11-2-94, 4-28-96, 9-30-96, 12-7-97, Formerly 33-3.0055, Amended 2-15-01, 11-4-01, 12-23-03, 1-7-07, 1-6-09, 6-16-09, 4-19-10, 9-23-10, 3-1-18.

33-501.302 Copying Services for Inmates.

(1) All institutions and facilities shall provide photographic copying services to inmates submitting legal documents and accompanying evidentiary materials to judicial or administrative forums. No provision of this section shall be implemented in such a way as to conflict with any administrative order, administrative rule, judicial rule or judicial order.

(2) Definitions.

(a) Accompanying evidentiary material: refers to a document, record, or other paper object attached to a judicial or agency form or pleading as supporting evidence.

(b) Civil proceeding: refers to any proceeding, except that which is referenced in paragraph (2)(c), brought in a judicial or administrative forum to secure a private or civil right or remedy.

(c) Criminal proceeding: refers to a proceeding brought in a judicial or administrative forum to challenge a felony or misdemeanor conviction or sentence, a probation revocation, a parole or conditional release date established by the Florida Commission on Offender Review, or revocation of parole or conditional release. It also includes a proceeding brought to obtain executive clemency.

(d) Judicial or administrative forum: refers to a municipal, county, state, or federal court, a governmental agency, the Florida Division of Administrative Hearings, or any other body or organization that is authorized by law, court order, or agency action to adjudicate a party’s legal rights.

(e) Law library supervisor: refers to a library program specialist, librarian specialist, library technical assistant, and, whenever these positions are vacant, any other employee that the warden or designee appoints to oversee operation of the institution’s law library program.

(f) Legal or administrative action: refers to an action brought before a municipal, county, state, or federal court, or an action brought before a governmental body to obtain or challenge a ruling, order, or decision of the governmental body. It also includes an action filed in the Division of Administrative Hearings or any other forum that is authorized by law, court order, or agency action to adjudicate a party’s legal rights.

(3) Documents will be copied only if they are necessary to initiate a legal or administrative action or if they must be filed or served in a pending legal or administrative action. Except as otherwise provided in this rule, the number of copies made shall be the number required to be filed and served according to the rules of the judicial or administrative forum, or required per order of the judicial or administrative forum, plus one copy for the inmate to keep if the original is filed or served.

(a) Copying services shall not be provided to make copies of Form DC6-236, Inmate Request, or Form DC1-303, Request for Administrative Remedy or Appeal, attachments that are a continuation of the request portion of Form DC6-236, or attachments that are a continuation of part A of Form DC1-303. However, inmates shall be provided copying services for documents to be attached to Forms DC6-236, Inmate Request, and DC1-303, Request for Administrative Remedy or Appeal, as accompanying evidentiary material. The number of copies made shall not exceed three.

(b) Title 42, United States Code, Section 1983, civil rights complaints.

1. Inmates shall be provided a copy for the inmate if the original must be filed with the judicial forum, and one copy for each named defendant if the complaint names five or fewer defendants.

2. If more than five defendants are named in the complaint, the inmate shall only be made one file copy to keep if the original complaint must be filed with the judicial forum. No copies shall be made to serve defendants until the inmate presents a judicial order indicating that the complaint is not being dismissed pursuant to Title 28, United States Code, Section 1915, or Section 57.085, F.S., and directs that specific defendants must be served with a copy. The law library supervisor shall then make the inmate the number of copies needed to serve all the defendants.

(c) Cases, statutes, and other reference materials are not evidentiary materials and will not be copied to accompany legal documents unless the inmate is required to provide such copies by law, administrative rule, administrative order, judicial rule, or judicial order.

(4) Inmate requests for copying services shall be submitted on Form DC5-154, Copying Service Request and Withdrawal. Form DC5-154 and the documents to be copied shall be submitted for approval to the law library supervisor. The law library supervisor may inspect an inmate’s documents to ensure that the material to be copied is of a legal or administrative nature and is in accordance with the reason the inmate provided for needing the copies; however, the law library supervisor shall not read the documents. Form DC5-154 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. The effective date of this form is 8-5-07.

(5) Copying services in criminal proceedings. Inmates shall not be charged for copies of legal pleadings and accompanying evidentiary materials made for submission in criminal proceedings. The law library supervisor shall not forward completed DC5-154 forms to the Bureau of Finance and Accounting, Inmate Trust Fund Section.

(6) Copying services in civil proceedings.

(a) Inmates will be charged $0.15 per page for standard legal or letter size copies. If special equipment or paper is required, the institution is authorized to charge up to the estimated actual cost of duplication. Only one-sided copies will be made; two-sided copies will not be made for inmates.

(b) The law library supervisor shall forward approved and completed DC5-154 forms to the Bureau of Finance and Accounting, Inmate Trust Fund Section, on at least a weekly basis.

(c) Inmates who are without funds shall not be denied copying services for documents and accompanying evidentiary materials needed to initiate a civil proceeding or which must be filed or served in a pending civil proceeding, or are required to be filed or served per order of a judicial or administrative forum. However, the cost of providing copies for documents to be filed or served is a debt owed by the inmate that shall be collected as follows: Upon receipt of a completed DC5-154, the Inmate Trust Fund Section shall place a hold on the inmate’s account for the cost of providing the copies. The cost of providing the copies shall 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 shall be reduced to zero. If costs remain unpaid, a hold will be placed on the inmate’s account and all subsequent deposits to the inmate’s account will be applied against the unpaid costs until the debt has been paid.

(7) Inmate requests for access to records of the department shall be handled in accordance with Rule 33-601.901, F.A.C. Documents will not be provided in response to a public records request from an inmate unless the inmate has a sufficient balance in his account, unencumbered by liens, to cover the cost of the copying.

(8) The law library supervisor may require an inmate for whom copies are to be made to seal the copies, except for his file copy, in envelopes and mail them immediately. This requirement, if imposed, shall be explained to the inmate before copies are made. Before the envelopes are sealed and mailed, the librarian or mail collection representative shall stamp the document(s) to be mailed and the inmate’s copy, if provided by the inmate, “Provided to (name of institution) on (blank to insert date) for mailing.” The mail collection representative shall then have the inmate initial the document(s) next to the stamp.

Rulemaking Authority 944.09, 945.6038 FS. Law Implemented 944.09, 945.6038 FS. History–New 10-6-83, Formerly 33-3.051, Amended 6-13-88, 8-20-89, 2-12-91, 4-10-94, 4-21-96, 6-29-98, Formerly 33-3.0051, 33-602.405, Amended 4-29-04, 8-5-07, 10-23-08.

33-501.401 Admissible Reading Material.

(1) This rule applies to all publications addressed to a specific inmate or found in the personal property of an inmate.

(2) Definitions.

(a) Binding – the mechanism by which a publication is held together.

(b) Hardcover – a rigid, pressboard or cardboard cover, also referred to as hardback.

(c) Impoundment – an action taken by authorized Department staff to withhold an inmate’s incoming publication or a publication found in an inmate’s personal property pending review of its admissibility by the Literature Review Committee (LRC).

(d) Inmate grievance appeal – the process described in Chapter 33-103, F.A.C., whereby an inmate can request the review of a decision to reject or impound a publication.

(e) Mail order distributors and bookstores – businesses that offer publications to the public for sale or by gratuitous distribution.

(f) Non-print media – any publication that is published in a format other than on paper.

(g) Periodical – any publication issued under the same title and published at regular intervals of more than once a year.

(h) Print media – any publication that is printed or written on paper.

(i) Publication – any book, periodical, journal, diary, calendar, brochure, or any other printed material offered to the public by sale or by gratuitous distribution. Personal correspondence and photographs are not publications. The receipt of personal correspondence and photographs by inmates is governed by Rule 33-210.101, F.A.C.

(j) Publisher – a corporation, a governmental agency, a private or public educational institution, a church or other religious organization, or a professional, business or fraternal organization or association that makes publications available to the public.

(k) Rejection – an act or procedure whereby a publication is determined to be contraband.

(l) Secretary – the Secretary of the Department of Corrections.

(m) Security Threat Group – a formal or informal group consisting of three or more individuals who have a common name or common identifying signs, colors, or symbols; members or associates who individually or collectively engage in or have engaged in a pattern of gang activity, criminal activity, or Department rule violations; or the potential to act in concert to pose a threat or potential threat to the public, staff, visitors, other inmates, or the secure and orderly operation of an institution, Department activity, or Department function.

(n) Softcover – a flexible cover, also referred to as paperback.

(3) Bindings.

(a) With the exception of staples, metal bindings on publications are not permitted. Metal bindings include: paperclips, binder clips, or other metal fasteners. Staples are not permitted in the following types of housing units: death row, administrative and disciplinary confinement, close management, maximum management, and mental health in-patient housing, including transitional care units, crisis stabilization units, and correctional mental health treatment facilities.

(b) Spiral bindings are not permitted.

(c) If a publication is only available with a prohibited metal or spiral binding and no alternative exists, an inmate may receive the publication only after the metal or spiral binding has been removed. The inmate must make the decision whether to return the publication to the sender or to receive it after the institution has removed the metal or spiral binding.

(d) An inmate may appeal an institution’s determination that a publication must be returned or have its metal or spiral binding removed. In such case, the institution must not return the publication to the sender or take any action to remove the metal or spiral binding until the inmate’s appeal is concluded or the time for appeal has passed.

(e) Documentation that an inmate agrees to the removal of the metal or spiral binding must be obtained prior to removal of the binding. This documentation must be filed in the inmate’s property file. If the inmate does not agree or does not provide documentation that he or she wants to have the metal or spiral binding removed, the publication will be returned to the publisher or sender.

(4) Covers.

(a) Covers may only be made of paper or leather materials. Covers cannot be made of metal or contain metal.

(b) Due to security concerns, inmates at Florida State Prison Main Unit, inmates on death row, and inmates in close management status in any institution are not permitted to receive hardcover publications. However, if a publication is unavailable in softcover and no alternative exists, an inmate may receive the publication after the hardcover has been removed. The inmate must make the decision whether to return the publication to the sender or to receive it after the institution has removed the hardcover.

(c) An inmate may appeal an institution’s determination that a hardcover publication must be returned or have its hardcover removed. In such case, the institution must not return the publication to the sender or take any action to remove the hardcover until the inmate’s appeal is concluded or the time for appeal has passed.

(d) Documentation that an inmate agrees to the removal of the hardcover must be obtained prior to removal of the hardcover. This documentation must be filed in the inmate’s property file. If the inmate does not agree or does not provide documentation that he or she wants to have the hardcover removed, the publication will be returned to the publisher or sender.

(5) Product Samples.

(a) Whenever an otherwise admissible publication sent to an inmate includes product samples or advertising with product samples attached, the inmate must mail the entire publication out of the institution or the product samples must be removed before the publication will be given to the inmate.

(b) Any inmate who objects to the removal of product samples from his or her publication may submit a written request to the warden on Form DC6-236, Inmate Request, asking that product samples not be removed. Thereafter, any publication sent to the requestor that contains product samples must be held by the institution for 30 days or for 30 days following an unsuccessful grievance appeal. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(c) If an inmate chooses to have a publication containing product samples mailed out of the institution, it is the inmate’s responsibility to arrange for the mailing at the inmate’s expense. Any publication not mailed out within 30 days of receipt or within 30 days following an unsuccessful grievance appeal will be destroyed.

(6) Publications must be sent directly from a publisher, mail order distributor, or bookstore to an inmate unless otherwise authorized by the warden. Any publication received without a return address identifying the sender will not be given to the inmate.

(7) Publications sent to an inmate must be sent through the United States Postal Service. Any publication received from another source will be returned to the sender if known.

(8) The address of all incoming publications must contain the inmate’s committed name, Department identification number, and institutional address. Any publication received without this information will be returned to the sender if known.

(9) No packaging materials other than standard envelopes will be given to an inmate. The following types of packaging materials must be removed by Department staff before providing any contents to an inmate: boxes, padded envelopes, envelopes that include metal parts, multilayer packaging, bubble wrap, packing peanuts, or other forms of packaging other than standard envelopes.

(10) Inmates are prohibited from posting or otherwise displaying any pictures from or portions of any publication. Such activity will subject the inmate to disciplinary action and the posted or displayed material will be confiscated as contraband.

(11) Ordering, Receiving, and Possessing Publications.

(a) Except as otherwise provided in Rule 33-601.800, F.A.C., an inmate may subscribe to, purchase, or receive no more than one periodical that is printed and distributed more frequently than weekly and four other periodicals that are printed and distributed weekly or less frequently than weekly. Religious publications as defined in Rule 33-503.001, F.A.C., will not be counted against these limits.

(b) Except as otherwise provided in Rule 33-601.800, F.A.C., an inmate may possess no more than two single issues of a periodical that is printed and distributed more frequently than weekly and eight single issues of a periodical that is printed and distributed weekly or less frequently than weekly.

(c) Inmates are not permitted to receive or possess more than one copy of any volume, issue, or edition of any publication. For example, an inmate is permitted to keep the January and February 1994 issues of the same magazine, but is not permitted to keep two copies of the January 1994 issue.

(d) Inmates are permitted to order single issues of periodicals from publishers, mail-order distributors, and bookstores in lieu of purchasing a subscription. However, the possession limits referenced in this subsection will apply.

(e) An inmate subscribes to or purchases periodicals and other publications at his or her own risk and expense. An inmate will not be reimbursed by the Department for any publication that is rejected or for any expense associated with mailing rejected items to an authorized person or entity.

(f) An inmate who subscribes to a periodical must notify mailroom staff on Form DC6-236, Inmate Request, if he or she wants to discontinue receiving the periodical. Requests to discontinue receipt of a periodical title will not be approved more often than once every 90 days unless the inmate presents evidence that the subscription has expired and will not be renewed.

(g) Except as otherwise provided in Rule 33-601.800, F.A.C., an inmate may possess no more than four personal books. Religious publications as defined in Rule 33-503.001, F.A.C., correspondence study materials, and law books not available in the institution’s law library collection will not be counted against this limit.

(h) Inmates may only receive and possess print media publications. Incoming publications published on non-print media or print media publications that include non-print media that are an integral part of the publication will be rejected and returned to the sender along with an explanation as to why the material is being rejected. However, unsolicited promotional computer disks and CDs that are mailed with a publication will be processed as set forth in subsection (5) of this rule.

(i) All publications must be stored in an inmate’s personal living area without creating a fire, safety, or sanitation hazard. If an inmate’s possession of a publication would create such a hazard, the institution is authorized to not issue the publication to the inmate or to impound the publication if previously issued until the inmate disposes of other personal property to create storage space for the publication.

(j) An inmate must not order a publication from any source on a “Bill Me Later” basis. Any publication purchase initiated by an inmate must include a Form DC2-304, Inmate Trust Fund Special Withdrawal, that covers the complete cost of the purchase and postage, if necessary, and must include an envelope that is properly addressed to the seller. The purchase request must be submitted to the warden or his or her designee for approval. If approved, the warden or his or her designee will forward the purchase request to the Bureau of Finance and Accounting, Inmate Trust Fund Section, for processing. Any purchase request that does not comply with these requirements will be returned to the inmate. Form DC2-304 is incorporated by reference in Rule 33-203.201, F.A.C.

(k) Inmates in maximum management are not permitted to receive or possess publications except as provided in Rule 33-601.820, F.A.C.

(12) Training Materials and Correspondence Study Programs.

(a) All publications selected for use in an authorized program of the Department, any privately-operated facility housing inmates committed to the custody of the Department, PRIDE, or the Corrections Medical Authority will be reviewed by the department head or person designated by the warden to ensure that the subject matter contained in the publication is not inadmissible pursuant to the criteria set forth in subsection (15) of this rule.

(b) Institutions will permit an inmate to enroll in correspondence study programs if the subject matter of the course materials is not inadmissible pursuant to the criteria set forth in subsection (15) of this rule. The warden will designate one or more department heads to inspect all materials received pursuant to an inmate’s participation in a correspondence study program. Each item received and inspected will either be approved and issued to the inmate, or rejected and processed as contraband pursuant to Rules 33-602.201 and 33-602.203, F.A.C.

1. Inmates must secure prior approval from the warden or his or her designee to receive any item not listed on the Appendix One of Rule 33-602.201, F.A.C. Any item not approved by the warden or his or her designee in advance of receipt by the institution will be rejected and processed as contraband pursuant to Rules 33-602.201 and 33-602.203, F.A.C.

2. All educational correspondence study program materials must be mailed directly from the course provider to the institution’s education department via U.S. Postal Service mail.

(13) Calendars.

(a) The following restrictions apply to an inmate’s receipt and possession of a calendar:

1. Quantity – limited to one per inmate;

2. Size – if single paged, 12 inches by 12 inches or smaller; if multi-paged, 12 inches by 12 inches or smaller when closed, and no greater than 24 inches by 12 inches when opened;

3. Medium – paper only; and

4. Must not contain any audio or electronic components.

(b) Authorized sources:

1. A calendar that complies with the requirements of this rule will be sold in the canteens at each institution.

2. Inmates may receive and possess calendars only from publishers, mail order distributors, bookstores, and the canteen.

3. Chaplaincy services and other authorized programs of the Department may accept donations of calendars for distribution to inmates if the calendars comply with the requirements of this rule.

(c) Calendars that contain written or pictorial material that is inadmissible pursuant to subsection (15) of this rule will be rejected and will not be issued to inmates.

(d) Inmates are prohibited from posting or otherwise displaying calendars. Such activity will subject the inmate to disciplinary action and will cause the posted or displayed calendar to be confiscated as contraband.

(14) Blank journals or diaries.

(a) The following restrictions apply to an inmate’s receipt and possession of blank journals and diaries:

1. Quantity ‒ see possession limits set forth in subsection (11);

2. Size ‒ limited to 9'' x 12'' or smaller when closed;

3. Medium ‒ paper only;

4. Must not contain any audio or electronic components.

(b) Authorized sources:

1. Inmates may receive and possess diaries or journals only from publishers, mail order distributors, and bookstores.

2. Chaplaincy services and other authorized programs of the Department may accept donations of diaries and journals for distribution to inmates if the diaries and journals comply with the requirements of this rule.

(c) Diaries or journals that contain written or pictorial material that is inadmissible pursuant to subsection (15) of this rule will be rejected and will not be issued to inmates.

(15) Rejection of Publications. An inmate can possess a publication that is not detrimental to the security, order, or disciplinary or rehabilitative interests of any institution of the Department or any privately-operated facility housing inmates committed to the custody of the Department. A publication will be rejected if:

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

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

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

(d) The publication depicts how to make an instrument to apply a tattoo, describes how to make or secure ink or other supplies needed to make tattoos, describes tattooing techniques, or contains a tattoo pattern or photograph that is large and distinctive enough to be used as a tattoo pattern;

(e) The publication encourages, provides instructions on, or facilitates gambling;

(f) The publication is written in code or is otherwise written in a manner that is not reasonably subject to interpretation by Department staff as to meaning or intent; however, an inmate who is a foreign national will be permitted to receive a publication in his or her native language that is mailed directly from a government agency, diplomatic mission, or consular office of his or her country of citizenship;

(g) The publication encourages, provides instruction on, or facilitates the commission of a crime;

(h) The publication depicts, describes, or encourages activities that may lead to the use of physical violence on another person;

(i) The publication is dangerously inflammatory in that it advocates or encourages riot, insurrection, rebellion, organized prison protest, disruption of the institution, or the violation of federal law, state law, or Department rules;

(j) The publication includes signs, symbols, or other identifiers of a security threat group, or otherwise promotes the gang culture or lifestyle;

(k) The publication threatens physical harm, blackmail, or extortion;

(l) The publication depicts any of the following sexual conduct:

1. Actual or simulated sexual intercourse;

2. Sexual bestiality;

3. Masturbation;

4. Sadomasochistic abuse;

5. Actual lewd exhibition of the genitals;

6. Actual physical contact with a person’s unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party;

7. Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

(m) The publication depicts nudity in such a way as to create the appearance that sexual conduct is occurring or is imminent such as the display of physical contact or intended physical contact with a person’s unclothed genitals, pubic area, buttocks, or female breasts orally, digitally, or with a foreign object, or the display of sexual organs in an aroused state.

(n) The publication 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;

(o) The publication contains an advertisement promoting any of the following:

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.

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

(16) Incoming Publications Not Previously Rejected by the LRC.

(a) The warden or assistant warden will impound any publication that he or she finds to be inadmissible pursuant to the criteria set forth in subsection (15) of this rule within 15 calendar days of receipt of the publication at the institution. If only a portion of a publication violates one or more criteria set forth in subsection (15), the entire publication will be impounded. Each issue of a subscription to a periodical must be reviewed independently in light of the criteria established in subsection (15).

(b) The warden or assistant warden will advise the inmate in writing on Form DC5-101, Notice of Rejection or Impoundment of Publications, of the specific reasons for the impoundment within 15 calendar days of receipt of the publication at the institution. The inmate will be provided two copies of the form. The warden or assistant warden will also provide a copy of the completed form to the publisher, mail order distributor, bookstore, or sender, and the LRC. The copy of Form DC5-101 that is sent to the LRC must include as attachments a copy of the publication’s front cover or title page and a copy of all pages identified in the form as including inadmissible subject matter. The date that Form DC5-101 is mailed to the publisher, mail order distributor, bookstore, or sender will be documented by date stamp on all copies of the form. Form DC5-101 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. http://www.flrules.org/Gateway/reference.asp?No=Ref-14195. The effective date of this form is 05/22.

(c) The initial impoundment of a publication by a warden or assistant warden at any institution or facility will result in that publication being impounded by the warden or the mailroom supervisor at all institutions and facilities until the LRC reviews the impoundment decision. Inmates at other institutions who receive the impounded publication will be provided a Form DC5-101 explaining that the publication has been impounded pending review by the LRC. The form must state why the publication was impounded.

(d) Due to the Department’s need to secure outside translation assistance, the time frames for review of admissible reading material specified in this subsection do not apply to publications in languages other than English or Spanish.

(17) Incoming Publications Previously Rejected by the LRC. When a rejected publication is received at an institution, it will be impounded and will not be issued to inmates. The warden or designee must notify each inmate in writing on Form DC5-101, Notice of Rejection or Impoundment of Publications, within 15 calendar days of receipt that the publication has been rejected by the LRC and cannot be received. Form DC5-101 must address only one publication. If a single mailing includes more than one rejected publication, a Form DC5-101 must be prepared for each publication.

(18) Reading Material in an Inmate’s Property.

(a) The review criteria established in subsection (15) of this rule also apply to publications found in an inmate’s personal property.

(b) If correctional staff find a publication in an inmate’s personal property that has been previously rejected by the Department, the publication will be taken from the inmate and Form DC6-220, Inmate Impounded Property List, will be completed as required by Rules 33-602.201 and 33-602.203, F.A.C. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C.

(c) If Department staff determine that a publication found in an inmate’s personal property may be inadmissible pursuant to subsection (15) of this rule, it will be impounded and Form DC6-220 will be completed as required by Rules 33-602.201 and 33-602.203, F.A.C. The publication will be forwarded to the warden or assistant warden for review. The warden or assistant warden must review the publication within 15 days of impoundment. If the publication is found to be inadmissible, the warden or assistant warden will prepare Form DC5-101, Notice of Rejection or Impoundment of Publications, to advise the inmate of the specific reasons for impoundment. The inmate will be provided two copies of the form. Publications that are impounded pursuant to this paragraph will be processed as set forth in subsections (15) and (16) of this rule.

(19) Impoundment of Publications for Certain Inmates.

(a) Publications addressed to a specific inmate or found in the property of an inmate will be impounded when circumstances detailed in the inmate’s current or prior criminal conviction or detailed in departmental disciplinary reports indicates it would be a threat to the security, order, or rehabilitative objectives of the correctional system or the safety of any person to permit the inmate access to subject matter in the publication.

(b) When a warden or assistant warden determines that an inmate should be denied access to a publication because its receipt would be a threat to the security, order, or rehabilitative objectives of the correctional system or the safety of any person, he or she will forward the publication to a Department health or mental health services professional for review and evaluation. If the health or mental health services professional agrees that the inmate should be denied access to the publication, the warden or assistant warden will impound the publication. The warden or assistant warden will provide the LRC with a copy of the opinion prepared by the health or mental health services professional and any other information that justifies denying the inmate access to the publication.

(c) Within 15 calendar days of receipt of the publication at the institution, the warden or his or her designee must advise the inmate in writing on Form DC5-101, Notice of Rejection or Impoundment of Publications, of the specific subject matter that is the cause for the impoundment pursuant to this subsection, including the page number(s) in the publication where the information is found and the specific security, safety, or rehabilitation concerns that justify denying the inmate access to the publication. The inmate will be provided two copies of the form. The warden or his or her designee will provide a copy of the completed Form DC5-101 to the publisher, mail order distributor, bookstore, or sender. The actual date that Form DC5-101 is mailed to the publisher, mail order distributor, bookstore, or sender will be documented by date stamp on all copies of the form.

(d) Regarding publications found in an inmate’s personal property, Department staff will impound the publication and complete Form DC6-220, Inmate Impounded Personal Property List, as required by Rules 33-602.201 and 33-602.203, F.A.C. Department staff will forward the publication to the warden or his or her designee for review. The warden or his or her designee must review the publication within 15 days of impoundment. If the warden or his or her designee determines that the publication should be impounded, he or she must advise the inmate in writing on Form DC5-101 of the specific subject matter that is the cause for the impoundment pursuant to this subsection, including the page number(s) in the publication where this information is found and the specific security, safety, or rehabilitation concerns that justify denying the inmate access to the publication. The inmate will be provided with two copies of the form. Each Form DC5-101 must address only one publication. A copy of the completed Form DC5-101 must be sent to the LRC together with any information that the warden or his or her designee believes justifies the decision to deny the inmate access to the publication.

(e) Publications that are impounded pursuant to this subsection will be processed as set forth in subsections (16) and (18) of this rule.

(f) Inmates may appeal impoundment decisions made pursuant to this subsection by utilizing the inmate grievance procedure as set forth in subsection (21) and paragraph (22)(c) of this rule and Chapter 33-103, F.A.C.

1. If the impoundment decision is overturned, the institution will give the publication to the inmate.

2. If the impoundment decision is upheld, the institution will advise the inmate that he or she has 30 days from date of receipt of notice that the grievance appeal has been denied to arrange to have the publication picked up by an approved visitor, or mailed to a relative, friend, or the sender at the inmate’s expense. If the publication is not picked up or mailed out within 30 days, the institution will destroy it.

(g) Impoundment decisions made pursuant to this subsection are individualized in nature and do not impact any other inmate’s access to a publication. However, if Department staff determine that a publication should be rejected pursuant to the criteria set forth in subsection (15) of this rule and should be denied to all inmates, they must follow the impoundment procedure set forth in subsection (16) or (18) of this rule.

(h) An inmate who possesses a publication that he or she was prohibited from having access to pursuant to this subsection are subject to formal disciplinary action as provided for in Rules 33-601.300-.314, F.A.C. Any such publications found in the possession of the inmate will be impounded as contraband and may be destroyed upon conclusion of any disciplinary proceedings and related grievance or legal appeals.

(20) Storage and Disposal of Impounded and Rejected Publications.

(a) Institutions must store impounded or rejected publications in a secure location that is inaccessible by inmates. A copy of the completed Form DC5-101, Notice of Rejection or Impoundment of Publications, must be kept with the impounded or rejected publication.

(b) Impounded and rejected publications will be held at the institution for 30 days. Upon receipt of Form DC5-101, an inmate has 30 days to have the publication picked up by an approved visitor, or mailed to a relative, friend, or the sender at the inmate’s expense. If the publication is not picked up or mailed out within 30 days, the institution will destroy it.

(c) The 30-day deadline does not include any time that a grievance is pending if:

1. The grievance is timely filed as described in Chapter 33-103, F.A.C.; and

2. Regarding grievances challenging the impoundment or rejection of a publication pursuant to the criteria set forth in subsections (15) and (19) of this rule, the inmate has provided the warden with written notice of his or her intent to file a grievance with the Office of the Secretary as described in paragraph (21)(b) of this rule.

(d) At any time during the 30 days following receipt of Form DC5-101, an inmate may have an impounded or rejected publication picked up by an approved visitor, relative, or friend, pay to have the publication mailed to one of these approved individuals, or have the publication disposed of or destroyed. If an inmate authorizes the institution to have the publication disposed of or destroyed before the 30-day time period runs or while a grievance appeal is known to be pending, the authorization must be secured in writing.

(21) Inmate Grievance Appeals.

(a) Inmates may appeal the impoundment or rejection of reading material through the inmate grievance procedure, Chapter 33-103, F.A.C.

(b) When a publication is impounded or rejected for a reason not related to subject matter, inmates may file an informal grievance as described in Rule 33-103.005, F.A.C.

1. Only one impounded or rejected publication can be addressed in each grievance;

2. A copy of Form DC5-101, Notice of Rejection or Impoundment of Publications, that documents the impoundment or rejection must be attached to the grievance; and

3. The grievance must be filed within 15 days from the date of the impoundment or rejection being appealed.

(c) When a publication is impounded or rejected pursuant to the criteria set forth in subsection (15) or (19) of this rule, an inmate must bypass the informal and formal institutional levels of review, and file a grievance directly with the Office of the Secretary as described in Rule 33-103.007, F.A.C.

1. Only one impounded or rejected publication can be addressed in each grievance;

2. The inmate must identify the grievance as being related to admissible reading material by writing the words “Admissible Reading Material” at the top of the grievance;

3. A copy of the Form DC5-101 that documents the impoundment or rejection, must be attached to the grievance;

4. The grievance must be filed within 15 days from the date of the impoundment or rejection being appealed;

5. The grievance must be addressed to the Office of the Secretary; and

6. The inmate must provide written notice to the warden on Form DC6-236, Inmate Request, that he intends to appeal the impoundment or rejection to the Office of the Secretary in order to have the disposal of the publication stayed while the grievance is pending. The written notice must include a statement that the inmate intends to appeal the impoundment or rejection of admissible reading material and must specifically identify the publications on which the appeal is to be based.

(22) Literature Review Committee.

(a) A Literature Review Committee (LRC) will act as the final reviewing authority for appeals regarding publications rejected or impounded pursuant this rule. The committee will be composed of the following individuals:

1. Bureau Chief of Security Operations or his or her designee;

2. Bureau Chief of Policy Management and Inmate Appeals or his or her designee;

3. Bureau Chief of Education or his or her designee.

(b) The Bureau Chief of Education or his or her designee will serve as the chairperson of the LRC and will be responsible for coordinating all activities of the committee.

(c) Within 30 days of receipt of a Form DC5-101, Notice of Rejection or Impoundment of Publications, from an institution or facility or receipt of an inmate grievance appeal forwarded by the Bureau of Inmate Grievance Appeals, the Bureau Chief of Education or his or her designee will schedule a meeting of the LRC to review the decision to reject or impound a publication or the appeal. The committee will consider the appeal (if filed), the rule authority and reasons for the rejection or impoundment cited in Form DC5-101, the portions of the publication that have been cited as cause for the rejection or impoundment, and any other relevant material relating to the decision to reject or impound the publication or the appeal. The committee will affirm or overturn the decision to reject or impound the publication or approve or deny the appeal based upon the criteria set forth in this rule. Decisions of the committee will be by majority vote. Except as otherwise provided in this rule, the decision of the committee is final.

(d) LRC decisions based on the review of rejected or impounded publications will be communicated to all institutions of the Department and any privately-operated facilities housing inmates committed to the custody of the Department. When a rejection or impoundment decision is overturned, institutions will issue the publication at issue to all affected inmates as soon as possible. Decisions relating to inmate grievance appeals will be communicated to the Chief of the Bureau of Inmate Grievance Appeals or his or her designee who will then approve or deny the grievance in light of the LRC’s decision.

(e) If the LRC notifies institutions that the rejection or impoundment of a publication has been overturned or if an inmate’s grievance appeal is approved, the following guidelines must be followed when the institutions issue the publication to affected inmates.

1. The publication will be retrieved from secure storage and turned over to security or service center staff authorized by the warden or his or her designee to issue rejected or impounded publications to inmates.

2. A copy of the completed Form DC5-101 must be attached to the publication.

3. The stamped Form DC5-101 will be presented to affected inmates. The affected inmates will be required to sign and date the form. An affected inmate will only be issued the publication after he or she has signed and dated the form.

4. The signed Form DC5-101 must be retained by institutional or service center staff as documentation evidencing that the inmate was issued the publication.

(f) The department must maintain a record of all publications reviewed by the LRC. The record of reviewed publications must be updated after every meeting of the LRC. All institutions and facilities must maintain a current copy of the record of reviewed publications in every institutional mailroom and at a location accessible by inmates.

(23) Review of Decision to Impound a Publication.

(a) The publisher, mail order distributor, or bookstore may obtain an independent review of a warden’s decision to impound a publication by writing to the library services administrator at 501 South Calhoun, Tallahassee, Florida 32399-2500 within 15 days following receipt of Form DC5-101, Notice of Rejection or Impoundment of Publications. The request for review must be accompanied by:

1. A copy of the completed Form DC5-101; and

2. A copy of the impounded publication.

(b) The library services administrator will forward this information to the LRC for review. The chief of institutional programs or designee must provide the publisher, mail order distributor, bookstore or sender written notification of the LRC’s decision. The decision will also be communicated to all correctional facilities.

(24) Review by the LRC.

(a) The publisher of a publication rejected by the LRC may request reconsideration of the rejection if the publisher can:

1. Provide proof to the LRC that the publication has been revised and the material resulting in the rejection has been removed; or

2. Demonstrate that the LRC’s decision to reject the publication was not based on any of the criteria set forth in subsection (15) of this rule.

(b) A publisher may request reconsideration by writing to the library services administrator at 501 South Calhoun, Tallahassee, Florida 32399-2500. The request must be accompanied by a copy of the rejected publication, any revised version of the publication, and any other relevant information the publisher wants to have considered by the Department.

(c) The library services administrator will forward all information submitted by the publisher to the LRC for review at the next regularly scheduled LRC meeting. The Bureau Chief of Education or his or her designee will provide the publisher written notification of the LRC’s decision. The decision will also be communicated to all correctional institutions and facilities. A publisher may request reconsideration of a publication pursuant to subparagraph (24)(a)1. at any time.

(25) Special Meeting of the LRC.

(a) In addition to the review process set forth in subsection (24) of this rule, the Secretary or a publisher may request a special meeting of the LRC to reconsider the LRC’s rejection of a publication.

(b) The Secretary may request a special meeting of the LRC by contacting the Director of the Office of Programs and Reentry or his or her designee. When a special meeting of the LRC is requested by the Secretary, the library services administrator will notify the publisher, if known, and request a copy of the rejected publication, any revised version of the publication, and any other relevant information the publisher wants to have considered by the Department.

(c) A publisher may request a special meeting of the LRC by writing to the library services administrator at 501 South Calhoun, Tallahassee, Florida 32399-2500. The request must be accompanied by a copy of the rejected publication, any revised version of the publication, and any other relevant information the publisher wants to have considered by the Department.

(d) The library services administrator will forward all information submitted by the publisher to the Bureau Chief of Education who will schedule a special meeting of the LRC to consider the request.

(e) A special meeting of the LRC will not be scheduled more frequently than once each quarter. The LRC for a special meeting will be composed of the bureau chiefs identified in paragraph (22)(a). No designees are permitted.

(f) At a special meeting of the LRC, the LRC will review all available and relevant information relating to the publication at issue pursuant to the criteria set forth in subsection (15) this rule.

(g) The Bureau Chief of Education or his or her designee will provide the publisher written notification of the LRC’s decision. The decision will also be communicated to all correctional institutions and facilities.

(h) If a publication is rejected at a special meeting of the LRC, the publisher may not request reconsideration at a special meeting of the LRC for a period of five calendar years from the date of the rejection.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 944.11 FS. History–New 10-8-76, Amended 3-3-81, 9-24-81, Formerly 33-3.12, Amended 6-9-87, 3-11-91, 12-17-91, 3-30-94, 11-2-94, 5-10-98, 10-20-98, Formerly 33-3.012, Amended 3-21-00, 8-10-00, 10-13-02, 7-2-03, 12-30-04, 9-5-05, 8-1-06, 6-16-09, 11-22-10, 6-9-20, 5-4-22.

33-502.101 Inmate Access to Weight Training Equipment.

(1) Any inmate who wishes to utilize institutional weight training equipment shall be required to complete the weight training orientation program which outlines safety techniques for weight training and encourages inmates who have questions to direct them to professional wellness-education staff at the institution. After completing the training program, the inmate will be required to pass the written weight-training competency exam which demonstrates that the inmate understands safety techniques and responsible behaviors related to weight training.

(2) Any inmate who has been found guilty of a disciplinary infraction within the previous 120 days or has received an unsatisfactory work rating within the previous 120 days shall not be eligible to use weight training equipment. Institutional classification staff shall compile a list each week of all inmates who have reeceived disciplinary reports or who have received unsatisfactory work ratings. This list shall be provided to wellness program staff who shall utilize it to determine which inmates are eligible to utilize weight training equipment in the wellness activity area. Ineneligible inmates who are found using weight equipment will be subject to disciplinary action in accordance with the Rules 33-601.301-.314, F.A.C.

Specific Authority 944.282 FS. Law Implemented 944.282 FS. History–New 7-6-97, Formerly 33-3.025, 33-506.301.

33-503.001 Chaplaincy Services.

(1) Organization and Functions.

(a) The Chaplaincy Services Section is responsible for:

1. Developing and evaluating religious programs throughout the Department,

2. Coordinating all religious activities within the Department,

3. Providing general assistance and guidance to chaplains, and

4. Representing the Department, with the approval of the Secretary, on all religious matters.

(b) The chaplaincy services administrator is the chief administrative officer of the Chaplaincy Services Section and directs and coordinates all activities of the section.

(c) The chaplain of each institution is directly responsible to the area chaplaincy services specialist and coordinates activities with the institution’s security staff. The chaplain plans, coordinates, and supervises all religious activities and services at the institution and is responsible for the moral and spiritual well-being of all inmates, including the non-religious.

(2) Policy.

(a) It is the policy of the Department to extend to all inmates the greatest amount of freedom and opportunity for pursuing individual religious beliefs and practices consistent with the security and good order of the institution.

(b) Programs of the Department and activities of the chaplains shall be designed to assist inmates in the expansion of their knowledge and understanding of and commitment to the beliefs and principles of their respective religions.

(c) There shall be no discrimination for or against an inmate based on his religious beliefs or practices, but:

1. An inmate’s religious practices may be relevant to an assessment of his adjustment and progress toward rehabilitation; and,

2. Religious beliefs do not justify violation of Department or institutional rules and regulations.

(3) Religious Services and Rituals.

(a) All religious services, rituals, or activities at the institution shall be conducted or supervised by the chaplain or other employee or regular service volunteer.

(b) Participation in or attendance at any religious program, service, or activity is voluntary.

(c) In the interest of security, order, or effective management of the institution, the warden may limit the number of religious services or activities inmates may attend per week. When it is considered necessary for security or good order of the institution, the warden may limit attendance at or discontinue completely a religious service or activity. The warden may not restrict or allow the religious group itself to restrict attendance at or participation in a religious service or activity on the basis of race, color, or nationality. Inmates are allowed to visit religious services other than their own so long as the services are not scheduled by call-out, the inmate visits the religious service during his own free time, and the inmate does not provoke disruption of the service. The volunteer clergy or religious leader is authorized to limit participation in specific sacraments to members of the faith according to the faith tradition. Inmates attending a religious service or activity may be required to sign an attendance record.

(d) Appropriate liturgical apparel, such as skull caps, head shields, and prayer shawls, may be worn during a religious activity.

(e) Rituals of specific faiths or denominations may be conducted when appropriate facilities are available. If no institutional facilities are available, the warden may authorize ritual services outside the institution when security procedures permit.

(f) The warden or designee may authorize the introduction into the institution of altar or sacramental wine to be used in a sectarian or interfaith service when the use of such wine is deemed essential to the observance of the service. Only the quantity needed for a specific service may be brought into the institution. Storage of wine for use in future services shall not be permitted. In every instance, the control of such elements shall be the responsibility of the institution chaplain.

(g) Inmates in the general population may transport the following items for individual worship, as defined in Rule 33-602.201, F.A.C., from their assigned cells or individual sleeping areas to the institutional chapel or other designated program area for the purpose of participating in a scheduled religious program, service, or activity for which the item is necessary or appropriate, as determined by the chaplain:

1. Jewish – prayer shawl,

2. Muslim – prayer rug,

3. Asatru or Odinism – runes and accompanying cloth bag,

4. Greek Orthodox – prayer rope,

5. Buddhist – black or brown Rakusu.

(h) Notwithstanding any other Department rule, procedure, or policy, approved tobacco, lighters, and matches may be used during approved religious ceremonies that require the use of such items.

(4) The chaplain shall develop and conduct a program of religious education at the institution.

(5) The chaplain shall be available to counsel all inmates, regardless of their classification or status, and shall have access to all areas of the institution.

(6) The chaplain shall be authorized to maintain written communication with inmates where the inmate and the chaplain have been at the same institution, at the same time, and either the inmate or the chaplain has transferred to another Florida Department of Corrections institution under the following conditions:

(a) The written communication must fall within the scope of clergy professional standards (i.e. provide spiritual direction, advice, counsel, or encouragement).

(b) Consistent with the effective management and order of the institution, the chaplain maintaining written communication with an inmate at another Florida Department of Corrections institution must inform the chaplain at the inmate’s current institutional location.

(7) A communication to a chaplain from an inmate, if made privately for the purpose of seeking moral or spiritual counsel and advice from the chaplain in his capacity as chaplain, is privileged. The chaplain shall not disclose any part of such communication without the inmate’s consent except when necessary to prevent a crime or to protect the life or safety of any person or the security of the institution.

(8) The chaplain shall not attempt to influence an inmate to change his religious preference or faith.

(9) The chaplain shall be available to provide moral and spiritual counseling to employees.

(10) An effort shall be made, consistent with the security, order, and effective management of the institution, to arrange work assignments and schedules to accommodate the beliefs and practices of inmates whose religion requires them to abstain from work on religious holy days.

(11) Activities should be scheduled to allow each inmate an opportunity to participate in religious programs and activities of his choice consistent with the security, order, and effective management of the institution.

(12) Notwithstanding any other Department rule, procedure, or policy, a female inmate shall be permitted to wear dresses rather than pants if it is necessary to accommodate the inmate’s sincere religious beliefs.

(13) Inmates who wish to observe religious dietary laws shall be provided a diet sufficient to sustain them in good health without violating those dietary laws. Exceptions may be made only in unusual cases where providing a special diet would:

(a) Require exceeding budgetary allowances.

(b) Create a threat to the security, order, or effective management of the institution, or

(c) Amount to unjustified special treatment of inmates receiving the special diet.

(d) The institution shall prepare and identify food so that those inmates who wish to abstain from eating pork or pork products may do so.

(e) The chaplain shall advise the institutional officials in charge of food services on all matters relating to the implementation of this subsection.

(14) Religious Publications.

(a) Inmates shall have access to religious publications through the chapel or institutional library or as provided through the chaplain.

(b) The chaplain shall assist inmates in obtaining personal copies of religious books and periodicals, subject to rules of the Department.

(c) Religious publications shall include the following:

1. Sacred texts – the primary religious documents from which the standards of the faith are derived.

2. Prayer books – the instructional material, prayers and liturgies for the observation of holy rituals, services and personal devotion.

3. Devotional literature – religious commentary, religious calendars, personal instruction in the faith, and sermon type material.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 90.505, 944.09, 944.11, 944.803 FS. History–New 1-6-82, Formerly 33-3.14, 33-3.014, Amended 10-18-01, 1-9-03, 2-25-08, 9-22-08, 1-25-10, 3-2-11, 10-26-11, 8-15-17.

33-503.002 Marriage of an Inmate While Incarcerated.

(1) Procedure for Requesting Permission to Marry. Requests to marry while incarcerated must be submitted to the warden in writing by both parties. The written requests must include:

(a) Statement of desire to marry from both parties.

(b) A statement of approval from the parents or guardian of all parties under eighteen (18) years of age.

(c) A statement from a chaplain or other staff member as designated by the chaplain indicating that the inmate and the proposed spouse have received information concerning the parameters of marriage in the institutional setting.

(2) Procedure for Consideration of Request.

(a) The staff psychologist and the correctional officer chief at the inmate’s institution shall communicate individually, in writing, to the warden as to whether they believe the marriage would pose a threat to any of the following: the inmate’s security, the security and order of the institution, or the public safety.

(b) After receiving both of the above communications, the warden shall, within 30 days, make his or her own determination as to whether the inmate’s marriage would pose a threat to the inmate’s security, the security and order of the institution, or the public safety. If the warden determines that the marriage would not pose a threat to any of the above-listed items, he or she shall approve the request. The warden’s marriage request approval is final.

(c) If the warden approves the marriage request he/she or his/her designated representative shall advise the parties in writing of the decision.

(d) If the warden determines that the marriage would pose a threat to one of the above-listed items, he or she shall recommend, in writing, to the Regional Director that the request be denied. Such written recommendation shall be accompanied by the documents referenced in paragraph (2)(a). The Regional Director shall only accept the warden’s recommendation if he or she determines that the marriage would pose a threat to the inmate’s security, the security and order of the institution, or the public safety. The Regional Director’s decision shall be made within 15 days of receiving the above-mentioned documentation from the warden and shall be final.

(3) Procedure for Marriage. If an inmate is permitted to marry while incarcerated, the following shall be followed:

(a) The inmate and the proposed spouse shall be responsible for making all arrangements in keeping with the statutes governing marriage in the State of Florida.

(b) If the inmate is not a participant in a supervised release or furlough program, the proposed spouse is responsible for the following:

1. Making the application for the marriage license and arrangements for necessary forms to be sent to the inmate for application.

2. Making arrangements for the ceremony.

3. All costs involved.

(c) If the inmate will not be furloughed, the department is responsible for the following:

1. Arranging for the inmate to have an opportunity to finalize the marriage license application in keeping with the statutes governing marriage in the State of Florida.

2. Arranging for suitable place for the marriage ceremony to be conducted at the institution, and a person authorized by law to conduct it.

3. Returning completed marriage license to county judge after completion of marriage ceremony.

(4) In order to minimize the impact of the ceremony on security, marriage ceremonies shall be of a limited nature. The extent of the individual ceremony shall be limited by the warden such that they would not negatively affect the security and welfare of the institution.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. History–New 1-29-81, Amended 4-18-82, Formerly 33-3.13, Amended 5-21-89, 4-23-91, Formerly 33-3.013, Amended 8-15-17.

33-504.101 Probation and Restitution Centers.

(1) General. Probation and restitution centers (PRCs) are community-based facilities that offer residential and non-residential services to offenders within a structured environment to assist the offenders with the development of skills needed to comply with conditions of supervision and to achieve successful transition and re-entry into the community.

(2) Referral and Placement. Offenders are assigned to PRCs in the following ways:

(a) Court ordered or releasing authority ordered residential placement or non-residential participation in specific programs at the PRC as a condition of supervision. Offenders are referred to the PRC by the Correctional Probation Officer in a violation of probation report or pre-sentence investigation as a sentencing option or as a possible alternative to a recommendation of imprisonment when it is determined that a more structured supervision, programming and control is needed.

(b) Referral by Department of Corrections staff for inmates who are being released from Department custody without supervision to follow and who have the need for additional transitional services to aid in community re-entry. The released inmate’s participation is voluntary.

(3) Eligibility. The following offenders shall be ineligible for assignment to a PRC:

(a) Convicted of or currently charged with a capital or life felony;

(b) Conviction for sexual battery pursuant to Section 794.011, F.S.;

(c) Currently has a mental or physical health condition that requires services not available at the PRC; or

(d) Physically unable to work.

(4) Responsibilities.

(a) The Bureau of Substance Abuse Program Services shall be responsible for the contract management of PRCs.

(b) The contracted community-based providers shall be responsible for the management of the PRC and the care and monitoring of offenders assigned to the PRC. Contracted providers shall notify the offender’s supervising correctional probation officer of any violations by the offender.

1. The PRC provider shall provide payment receipts to each offender for payments received. The PRC provider shall have a written accounting policy and procedure.

2. Center rules governing conduct, program rules and regulations and disciplinary actions for prohibited conduct shall be clearly posted in each center. Program orientation shall include review of center rules.

(c) Supervision of offenders shall continue to be the responsibility of the assigned correctional probation officers.

(d) Transportation shall be the responsibility of the offender. Transportation shall be coordinated by the offender and the center staff as necessary.

(5) Standard Requirements. All PRCs shall require the following:

(a) Payment of Subsistence fees – PRC offenders who reside at the facility and who are employed shall pay a subsistence fee at the rate specified by the Department in writing with the service provider. The rate shall not exceed a $25.00 daily rate and shall utilize a scale based on the amount earned by the offender.

(b) Drug screening and payment for drug screening – offenders shall submit to drug testing and shall provide payment for the cost of such testing.

(c) Employment on a full time basis or part time employment with a supplemental plan such as school or vocational training, or participation in a substance abuse or other Department-approved program.

(d) Participation in assigned programs, to include budgeting and banking of income and management of financial obligations.

(e) Adherence to curfew (by residents) as set by individual PRC regulations.

(f) Payment of court ordered financial obligations, to include restitution, court costs, and cost of supervision.

(6) Program Completion Requirements.

(a) Subsistence paid in full and current with all other court ordered financial obligations.

(b) Employment on a full time basis or part time employment with a supplemental plan such as school or vocational training, or program participation.

(c) Residential living plan that has been approved by the center staff and the supervising probation officer.

(d) Restitution plan, if applicable.

(e) Service of required period of time.

(7) Discharge from Program.

(a) Offenders’ failure to comply with program policies, rules, and regulations shall result in an unsuccessful discharge.

(b) Offenders shall be successfully discharged upon completion of all program requirements and completion of the period of time ordered by the court or releasing authority.

(c) Offenders shall be administratively discharged from the program due to court actions or medical reasons or transfer to another facility based upon the offender’s needs.

Rulemaking Authority 944.026, 944.09 FS. Law Implemented 921.187, 944.026, 948.03, 958.04 FS. History–New 10-26-92, Amended 9-4-95, Formerly 33-24.020, Amended 12-31-00, 5-11-09.

33-504.301 Community Corrections Partnership – Definitions.

(1) Plan – means the written proposal submitted by the public safety coordinating council to the Department of Corrections as provided in Section 951.26(3)(b), F.S.

(2) County work camp plan – means the written proposal submitted by the county commission pursuant to the provisions of Section 951.23(4), F.S.

(3) Evaluation committee – means the group of department staff established for the purpose of reviewing plans submitted by the public safety coordinating councils.

(4) Public safety coordinating council, also referred to as the council for the purposes of this chapter – means the council formed in each county pursuant to Section 951.26, F.S., for the purpose of formulating recommendations to ensure that the authorized capacities of county detention or correctional facilities are not exceeded.

(5) Non-secure drug treatment facility – means a facility operated by a private provider and which is licensed by the State of Florida to provide drug treatment services. The facility shall provide a combination of drug treatment, job placement and other related services which shall be fully described in the contract executed between the department and the provider.

(6) Secure drug treatment facility – means a facility operated by a private provider and which is licensed by the State of Florida to provide drug treatment services as described by contract provisions between the department and the provider.

Rulemaking Authority 948.51 FS. Law Implemented 944.026, 948.51, 950.002 FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.001.

33-504.302 Community Corrections Partnership – Plan Approval Process.

(1) There is established within the Department of Corrections an evaluation committee for the purpose of reviewing plans submitted by public safety coordinating councils to determine compliance with the provisions of Section 948.51(2), F.S. The committee shall consist of the Assistant Secretary for Programs, the Assistant Secretary for the Office of Management and Budget, the Director of Probation and Parole Services, and the Director of Research and Planning, or their designees. The Deputy Secretary for the Department of Corrections shall serve as chairman of the committee.

(2) The evaluation committee shall be responsible for providing recommendations to the Secretary of the Department of Corrections for the award of community corrections contracts and funds as provided in the general appropriations act and as authorized by Section 948.51(4), F.S.. These recommendations shall be based on the criteria set forth in (3) below.

(3) The evaluation committee shall include in its review, consideration of the following:

(a) The comprehensive nature of the plan submitted. Priority shall be given to the plan which utilizes the major components contained in Sections 948.51(1) and (2), F.S.

(b) The extent to which the plan utilizes the existing statutory criminal sanctions or programs pursuant to Sections 948.001(1)-(4) FS, including probation and restitution centers, non-secure drug treatment facilities, secure drug treatment facilities, and county work camps if the county work camp is a part of the submitted plan and is being pursued by the county commission of the county.

(c) The information submitted which demonstrates agreement with the plan between necessary criminal justice entities of state and local government. The information submitted shall include, at a minimum, written indications by the state attorney, the public defender, the chief correctional officer of the county, the circuit judges, the county judges, and other such persons as the public safety coordinating council considers relevant, that all parties are in agreement as to the specifics of the plan and that the appropriate populations identified by law and in the plan will be placed accordingly.

(d) Conformance with Section 948.51(2), F.S.

(e) The fiscal year for which the public safety coordinating council is applying for funding.

(4) Upon completion of the review of each plan which has been submitted, the evaluation committee shall prepare a written evaluation and recommendation which shall be forwarded to the secretary for review. The secretary’s final approval shall be contingent upon available funding. Written notice of the secretary’s decision shall be provided to all public safety coordinating councils who submitted a plan.

(5) The secretary shall annually provide written notice by U. S. Mail of the availability of funding for plans. The notice shall be mailed to each board of county commissioners, each sheriff, each state attorney, each chief judge, and each public safety coordinating council. The notice shall establish a deadline for the submission of plans. Public safety coordinating council plans shall be mailed to the Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Correspondence shall be directed to the attention of the community corrections evaluation committee. Plans may be submitted on standard 8-1/2 × 11 paper. Submissions shall bear the certification by the chairman of the public safety coordinating council as being the official proposal of that council. The plan may contain any number of attachments, renderings or other material as the council deems necessary for evaluation.

Rulemaking Authority 948.51 FS. Law Implemented 948.51 FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.002.

33-504.303 Community Corrections Partnership – Contract Compliance and Funding.

(1) The evaluation committee shall be responsible for reviewing existing contracts to ensure substantial compliance with the plan or the standards established in Section 948.51(2), F.S. The evaluation committee shall report any non-compliance to the secretary, who shall determine whether to invoke the procedures of Section 948.51(7), F.S., to correct any deficiencies.

(2) Pursuant to Section 948.51(7), F.S., if the secretary determines that a contracting county is not substantially complying with its plan or the standards in Section 948.51(2), F.S., the secretary shall provide written notice to the public safety coordinating council that compliance has not been met. The council shall, within 30 days of receipt of the written notice, submit to the secretary a written proposal as to how deficiencies will be corrected. If within 45 days agreement is not reached between the secretary and the council or if deficiencies are not corrected within 45 days after the proposal has been agreed to by the secretary, the secretary shall suspend the funding until compliance is achieved.

Rulemaking Authority 948.51 FS. Law Implemented 948.51(7), 950.002(10) FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.003.

33-504.304 Community Corrections Partnership – County Work Camps.

(1) The evaluation committee shall review county proposals to establish county work camps in accordance with the provisions of Section 950.002, F.S. In its review, the evaluation committee shall examine the following:

(a) The agreement between the request for funding of a county work camp and the public safety coordinating council plan, if any;

(b) Evidence that the appropriate population described in Section 950.002(5), F.S., shall be placed in the work camp;

(c) The status of the county determination for the site of the proposed facility including the status of any zoning or other potential barriers to the prompt construction of the facility;

(d) Review of the county work camp plan as it relates to the provisions of Section 950.002(3), F.S., regarding work camp programs.

(2) Written notice of the availability of funding for county work camps and a submission deadline shall be provided as set forth in subsection 33-504.302(5), F.A.C. Submissions for receipt of county work camp funding shall be prepared by the governing board of the county.

(3) The evaluation committee shall provide a written recommendation to the secretary concerning the award of a contract for construction funding. The decision of the secretary shall be based on the criteria in (1) above and on available funding.

Rulemaking Authority 948.51 FS. Law Implemented 950.002, 951.23 FS. History–New 9-22-92, Amended 6-6-93, Formerly 33-35.004.

33-507.001 Substance Abuse Program Services ‒ General Policy.

(1) The department shall provide substance abuse program services at institutions and facilities to the extent that is permitted by available resources.

(2) Effective July 1, 2000, inmates who meet criteria established by the department shall be mandated to participate in substance abuse program services when such services are available.

(3) No right to substance abuse program services is stated, intended, or otherwise implied by this chapter.

Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09, 944.473 FS. History–New 1-18-95, Formerly 33-37.001, Amended 6-15-00.

33-507.002 Operation of Substance Abuse Programs.

(1) Operation of Substance Abuse Programs.

(a) Inmate substance abuse programs shall be operated under the direction of the program manager within whose program center the program exists.

(b) In order to ensure the provision of quality services, the bureau of substance abuse program services shall have responsibility for administering the overall program, for the development and issuance of performance standards for each program entity with regard to program operation, staffing ratio, hours of service delivery, and other such areas as deemed necessary for the administration of the programs, and for oversight review.

(c) Each program manger shall provide for periodic monitoring activities for programs at institutions and facilities in his or her program center to ensure that performance standards and contact compliance are maintained.

(2) Peer Facilitators.

(a) Use of Peer Facilitators.

1. Peer facilitators are inmates who have successfully completed a substance abuse program and whose positive behavior and attitude have demonstrated the ability to be positive role models for other program participants.

2. Placement in a program as a peer facilitator is considered a full-time job assignment.

3. The role of peer facilitator is not that of a counselor. The duties and responsibilities involved will vary according to the type of substance abuse program involved.

4. In accordance with Rule 33-602.101, F.A.C., no inmate assigned as a peer facilitator will be given control or authority over other inmates.

(b) Qualifications of peer facilitators. To be considered as a peer facilitator, an inmate must have:

1. Completed a substance abuse services program;

2. Demonstrated the ability to be a role model through positive behavior and attitude during recovery; and

3. Sufficient time left to serve on his or her sentence to serve in the program for a period of at least two to six months in an outpatient or residential program. This requirement may be waived when necessary based upon program needs.

(c) Peer Facilitator Selection.

1. Inmates who wish to be considered for assignment as peer facilitators shall apply with the program director, clinical supervisor or designated counselor at the facility.

2. When a peer facilitator position is available, the program director, clinical supervisor or designated counselor shall review the applications available and shall interview those inmates who are qualified, interested, and available for assignment as peer facilitators. The program director, clinical supervisor or designated counselor shall document the results of the interview.

3. Upon completion of the interview, those inmates who have successfully exhibited an understanding of the principles of recovery shall be referred to their dormitory supervisors and work supervisors to obtain written recommendation for peer facilitator assignment based upon review of the inmate’s past behavior and performance.

4. The classification supervisor shall be notified in writing by the program director, clinical supervisor or designated counselor of inmates recommended for assignment as peer facilitators. The classification supervisor shall docket the inmate for consideration for placement by the institutional classification team (ICT) and shall ensure consideration of the inmate’s institutional adjustment and previous work history.

5. The ICT shall review the recommendation and shall approve or disapprove the recommendation for placement as a peer facilitator based upon criteria set forth in this rule.

(d) Training. The program director, clinical supervisor or designated counselor shall ensure that each peer facilitator receives training regarding the peer facilitator’s role, functions and the expectations regarding the peer facilitator’s performance in the program.

Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09 FS. History–New 1-18-95, Formerly 33-37.002, Amended 6-15-00, 10-29-01.

33-507.201 Substance Abuse Program Services ‒ Determination of Need.

(1) Upon arrival at a Department of Corrections’ reception center for initial processing, each inmate shall be screened and assessed to determine if the inmate meets the department’s criteria for mandated substance abuse program participation.

(2) Criteria for mandated substance abuse program services shall be based upon:

(a) The presence of a diagnosed psychoactive substance dependence or use disorder;

(b) The severity of the addiction;

(c) A history of criminal behavior related to substance abuse;

(d) A sentencing authority recommendation for substance abuse program services;

(e) Unsuccessful participation in community-based substance abuse services;

(f) Sentencing by a Drug Court or Drug Division;

(g) Other classification or program criteria as determined by the department to ensure security and optimal program placement.

(3) When, in accordance with criteria established in subsection (2), it is determined that an inmate is in need of substance abuse program services, he or she shall be assigned a priority ranking for services based upon these criteria and shall be placed into available programs or placed on a waiting list for future assignment to a program.

(4) Priority ranking for assignment shall be maintained for all inmates and updated at least monthly. Prioritization ranking shall also be based upon length of sentence remaining to be served, and readiness for program services.

(5) If an inmate refuses to participate in mandatory substance abuse program services, the classification officer shall ensure that this refusal is documented on Form DC5-705, Refusal of Mandatory Substance Abuse Services. Form DC5-705 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is March 29, 2004. Inmates who refuse to participate in mandated substance abuse services shall be subject to disciplinary action.

(a) Inmates who object to or refuse substance abuse programming on the basis of religious content will be given the opportunity to complete a “Request/Consent for Alternative Programming,” Form DC5-713. Form DC5-713 is hereby incorporated by reference. Copies of this form may be obtained from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is April 1, 2001.

(b) Inmates refusing placement in traditional substance abuse programs due to their objection of the inclusion of deity based program participation requirements, shall not be subject to disciplinary action for that initial refusal; however, inmates who, after refusing the traditional substance abuse program on the basis of the deity programming, also refuse an alternative substance abuse program which is non-deity, cognitive and behavioral modification based shall be subject to disciplinary action.

(6) Inmates discharged from substance abuse programs due to program rule violations, violation of institutional rules, or behavioral management problems shall be subject to disciplinary action.

(7) Inmates who refuse to participate in mandated program services shall be removed from the priority listing until such time as the inmate agrees to participate in the substance abuse program mandated.

(8) Inmates shall only be subject to disciplinary action when a program slot is available and the inmate refuses to enter or participate in the program.

(a) If an inmate recants an earlier refusal to participate in a mandated program, he or she shall be returned to the priority listing and the priority ranking shall be recalculated.

(b) When a program slot becomes available, the inmate shall be considered for placement into the substance abuse program. Inmates entering a substance abuse program after refusal or who are re-admitted to a program after administrative discharge per subsection (6) of this rule shall be considered at the time of program entry for restoration of incentive gain time in accordance with Rule 33-601.105, F.A.C.

(9) Inmates shall not be denied access to substance abuse program services on the basis of race, gender, ethnicity, age, sexual preference, human immunodeficiency virus status, prior treatment departures against professional advice, disability or number of relapse episodes.

Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09, 944.473 FS. History–New 1-18-95, Formerly 33-37.003, Amended 6-15-00, 4-1-01, 3-29-04.

33-507.202 Substance Abuse Program Services Program ‒ Inmate Procedures.

(1) Consideration for individual dignity shall be accorded to inmates in the provision of substance abuse program services. No employee of the department or of any agency or individual under contract with the department to provide substance abuse program services shall use or authorize deliberate acts of humiliation as part of any substance abuse program.

(2) Substance abuse program services shall be designed to suit each inmate’s individual needs.

(3) Inmates who are assigned to a substance abuse services program shall have an individualized services plan developed by the individual designated as their primary counselor by the department or the contract services provider which shall include services goals and shall specify the types of activities necessary to meet those goals.

(4) Inmate participants in substance abuse services programs shall be subject to the same communication restrictions that apply to inmates in the general population at the institution or facility. Any additional limitations imposed as a part of the substance abuse program shall be agreed to in writing by the inmate participant.

(5) Within one month prior to final release from the facility, inmates participating in substance abuse programs shall be provided with information by their primary counselor or transitional assistance officer regarding options for continuing substance abuse services in the community and with referrals for such services if requested.

Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.754, 944.09, 944.473 FS. History–New 1-18-95, Formerly 33-37.004, Amended 6-15-00.

33-507.401 Confidentiality of Substance Abuse Program Services.

Files of the department which pertain to the identity, diagnosis, and prognosis of substance abuse program services to any inmate are confidential in accordance with the provisions of Section 397.754(8), F.S., and 42 USCS 290, dd-2, and shall be disclosed only in accordance with these provisions.

Rulemaking Authority 397.754, 944.09 FS. Law Implemented 397.501(7), 397.752, 397.754(8) FS., 42 USC 290 dd-2. History–New 1-18-95, Formerly 33-37.005, Amended 6-15-00.

33-601.100 Inmate Orientation.

(1) Upon initial arrival in the Department of Corrections, each inmate shall be provided with orientation at which time the rules and procedures of the Department of Corrections shall be explained. Upon transfer within the Department, each inmate shall be provided with orientation that is specific to the local institution. The warden shall review and approve the contents of the orientation to ensure that the security of the institution is not compromised. The reception centers shall provide a more in-depth orientation of overall department rules, including a general overview of Rules 33-601.301-.314, F.A.C., Inmate Discipline, while the receiving institutions which serve as the inmates’ permanent locations shall emphasize the local operating procedures in their orientation. Copies of the rules and procedures shall be available to inmates upon request to read or review (not for retention). Inmates will be informed how to access the rules and procedures, and that translations or translation assistance will be provided as needed.

(2) Inmates shall respond to staff and official visitors in a respectful manner. Inmates shall address uniformed staff by rank and last name and non-uniformed staff and official visitors by Mr./Ms. or title and last name.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 1-19-03, Amended 9-6-04, 10-19-05, 2-12-15.

33-601.101 Incentive Gain Time.

(1) Definitions.

(a) Pending Delivery Status ‒ where used herein, refers to the status of a prisoner who has been sentenced to a state penitentiary but is currently housed at a county or municipal facility while waiting for the sheriff or chief correctional officer to relinquish physical custody to the Department. Prisoners who are “Pending Delivery” have not been physically delivered to a reception center and received into the custody of the Department. “Pending Delivery” also applies when the Department has received a prisoner’s paperwork but has not yet received physical custody of the prisoner. Prisoners with a “Pending Delivery” status are ineligible to receive incentive gain time (excluding prisoners in the physical custody of another agency while actively serving a Florida sentence in accordance with the Interstate Corrections Compact or designated pursuant to Section 921.16(2), F.S.)

(b) Out-To-Court Status ‒ where used herein, refers to the status of a state prisoner whose presence is required in court for any reason. To be categorized as “Out-To-Court,” a prisoner’s physical presence and custody must have first been transported by the sheriff or chief correctional officer to the Department for post-sentence intake processing at a reception center. If a prisoner is needed in court after the prisoner is in physical custody of the Department, the court shall issue an order for the sheriff or chief correctional officer to assume temporary custody and transport the prisoner to the county jail pending the court appearance. Gain time awards for inmates in an “Out-To-Court” status shall be in accordance with this rule. The receipt of the prisoner’s paperwork without the prisoner having been received into the Department’s physical custody does not qualify as “Out-To-Court.”

(2) Ineligibility.

(a) No inmate shall receive or accumulate incentive gain time:

1. For the minimum portion of a sentence imposed pursuant to Section 775.087(2), F.S., for an offense committed on or after October 1, 1976, involving use or possession of a firearm, machine gun, or destructive device as defined in Section 775.087, F.S.;

2. For the minimum portion of a sentence imposed pursuant to Section 893.13(1)(e), F.S. (1989), for a specified drug-related offense committed on or after June 27, 1989, but before January 1, 1994, in, on, or within 1,000 feet of a school;

3. If sentenced under Section 893.13(1)(i)1., F.S. (Supp. 1990), for a specified drug-related offense committed prior to January 1, 1994, in, on, or within 200 feet of real properties described in Section 893.13(1)(i), F.S. (Supp. 1990);

4. For the period of time remaining in any treatment program placement term imposed under Section 953.11, F.S.;

5. If convicted of offenses committed on or after October 1, 1995, and has 85% or less of the sentence remaining to be served.

6. For sentences imposed for offenses committed on or after October 1, 2014, the Department may not grant incentive gain time if the offense is a violation of Section 782.04(1)(a)2.c.; 787.01(3)(a)2. or 3.; 787.02(3)(a)2. or 3.; 794.011, F.S., excluding Section 794.011(10); 800.04; 825.1025; or 847.0135(5), F.S.

7. If serving a sentence for a capital offense committed on or after January 1, 1994, and before October 1, 1995.

(b) An inmate shall not be eligible for incentive gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:

1. Section 775.0823, F.S., for specified crimes committed against a law enforcement officer, state attorney, or assistant state attorney on or after January 1, 1990, but prior to January 1, 1994, or against a judge or justice of a court described in Article V of the State Constitution on or after October 1, 1990, but prior to January 1, 1994;

2. Section 775.084(4)(b), F.S., as a habitual violent felony offender for an offense committed on or after October 1, 1988;

3. Section 775.0875(1), F.S., for taking a firearm from a law enforcement officer while such officer was lawfully engaged in law enforcement duties in those instances where such offense was committed prior to January 1, 1994.

(c) An inmate shall not be eligible for incentive gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to Section 947.16(4), F.S.

(3) Eligibility. All other inmates not excluded in subsection (2) or (6) of this rule, including those in the custody of another agency while actively serving a Florida sentence in accordance with the Interstate Corrections Compact or designated pursuant to Section 921.16(2), F.S., may be awarded incentive gain time pursuant to subsection (4) of this rule.

(4) How credited. For inmates eligible to receive consideration under this section, the following procedures shall be used.

(a) Each inmate eligible for consideration for the award of incentive gain time shall receive gain time evaluations based upon their institutional adjustment as reflected in evaluations from security, work, and program components, if assigned. If it becomes necessary to make corrections to the inmate’s monthly security, work, or program evaluations after the evaluations have been submitted, the request for correction along with the reasons for the correction shall be submitted in writing to the Department head for approval. The approved corrections shall be submitted to the classification officer or their designee, who shall make the necessary changes.

1. The security evaluation is the rating of an inmate’s institutional adjustment that includes evaluation of all areas of daily institutional routine, with the exception of the inmate’s work and program assignments. The security rating for the month shall be determined by reviewing the four security behavioral objectives while considering the inmate’s capabilities. The security rating is to be determined by observations of the evaluator, information from other staff sources, and any written notations regarding the inmate’s behavior, including notations on the inmate’s Form DC6-256, Housing Officer Contact Card. Form DC6-256 is incorporated by reference in Rule 33-601.313, F.A.C. Observable behavior by the evaluator, information from other staff sources, and any security behavioral objectives not met due to negative or unsatisfactory reasons must be documented in writing and made available upon request.

a. The employee completing the security evaluation shall not complete the inmate’s performance evaluation for the same month.

b. The following security behavioral objectives shall be considered when completing the monthly security rating:

(I) Hygiene: grooming and personal cleanliness.

(II) Appearance: care of issued clothing and compliance with uniform regulations.

(III) Conduct: adherence to rules, regulations, procedures, and orders and respect for others.

(IV) Maintenance of living quarters: appearance and cleanliness of assigned living area.

2. The performance evaluation is the rating of the inmate’s performance in work and program assignments. The performance rating for the month shall be determined by reviewing the five performance behavioral objectives while considering the inmate’s capabilities. The performance rating is to be determined by observations of the evaluator, information from other staff sources, and any written notations regarding the inmate’s performance behavior objectives, including notations on the inmate’s Form DC6-256, Housing Officer Contact Card. Behavior observable by the evaluator, information from other staff sources, and any performance behavior objectives not met due to negative or unsatisfactory reasons must be documented in writing and made available upon request.

a. The employee completing the performance evaluation shall not complete the inmate’s security evaluation for the same month.

b. The following performance behavioral objectives shall be considered when completing the monthly performance rating:

(I) Conduct in program and work assignment: adherence to rules, regulations, procedures, and orders, and demonstration of respect for others;

(II) Interaction with others: the degree to which the inmate works and participates with others to accomplish required tasks;

(III) Motivation for personal development and improvement: the degree of interest displayed in improving skills and increasing capabilities;

(IV) Work and study habits: willingness to accomplish tasks without being prompted; and

(V) Constructive use of time: promptness in reporting to assigned area and effective use of time.

c. In a month in which an inmate has:

(I) More than one full time assignment, the assignment of the longest duration shall be used to determine the inmate’s monthly performance evaluation.

(II) Full or half time assignments of equal duration, the assignment closest to the end of the month shall be used to determine the inmate’s monthly performance evaluation.

(III) Any half time assignments, both half time evaluations shall be completed. The half time assignment of the longest duration in both a.m. time period and the p.m. time period shall be used to determine the inmate’s performance evaluation. In determining the work and program performance evaluation for the half time assignments, the work and program rating reflects the same rating as the two half time assignments if the ratings are the same. If the two half time ratings are different, the overall work and program evaluation shall reflect the lesser of the two ratings.

d. In a month in which the inmate’s status is:

(I) Health classification work grade (W-5); or

(II) In medical staging at a reception center; or

(III) Housed in the Corrections Mental Health Institution, Crisis Stabilization Unit, Transitional Care Unit, Hospital or Infirmary; and

(IV) The status as described in (I), (II), or (III) is of a longer duration than any work or program assignment during the month, the inmate’s performance evaluation shall be derived from a rating submitted by the health care provider who has the primary health care responsibility for the inmate. The health care provider shall evaluate the inmate on the following behavioral objectives:

(A) Following the treatment regimen;

(B) Adherence to health care staff instructions;

(C) Positive relationships with health care staff and other patients.

3. The security and performance evaluation provides the preliminary base gain time recommendation for the inmate in the following amounts. These amounts are contingent on the performance evaluations derived from work and programs and the security evaluation unless modified in accordance with paragraph (4)(b) of this rule.

a. When either evaluation is unsatisfactory, the preliminary base gain time recommendation shall be zero days.

b. When both evaluations are satisfactory, the preliminary base gain time recommendation shall be as follows:

(I) An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 8 days.

(II) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 4 days.

c. When one evaluation is above satisfactory and the other is satisfactory, the preliminary base gain time recommendation shall be as follows:

(I) An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 12 days.

(II) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 6 days.

d. When both evaluations are above satisfactory, the preliminary base gain time recommendation shall be as follows:

(I) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity ranking chart (Section 921.0012, F.S.) level from 1 through 7 shall receive a preliminary base gain time recommendation of 22 days.

(II) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 8 through 10 shall receive a preliminary base gain time recommendation of 16 days.

(III) Inmates convicted of an offense occurring prior to 1-1-94 shall receive a preliminary base gain time award of 16 days.

(IV) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 8 days.

Preliminary Incentive Gain Time Base Recommendations With Performance and Security Evaluations:

Offense committed prior to 10-1-95

PERFORMANCE

S

E

C

U

R

I

T

Y Above

Satisfactory Satisfactory Unsatisfactory

Above

Satisfactory 16/22 12 0

Satisfactory 12 8 0

Unsatisfactory 0 0 0

Offense committed on or after 10-1-95

PERFORMANCE

S

E

C

U

R

I

T

Y Above

Satisfactory Satisfactory Unsatisfactory

Above

Satisfactory 8 6 0

Satisfactory 6 4 0

Unsatisfactory 0 0 0

4. If an inmate has no work or program evaluation for the, month the inmate shall be evaluated for the preliminary base gain time recommendation based upon the security evaluation in the following amounts unless modified in accordance with paragraph (4)(b) of this rule:

a. When the security evaluation is unsatisfactory, the preliminary base gain time recommendation shall be zero days.

b. When the security evaluation is satisfactory, the preliminary base gain time recommendation shall be as follows:

(I) An inmate convicted of an offense committed prior to 10-1-95 shall receive a preliminary base gain time recommendation of 4 days.

(II) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 2 days.

c. When the security evaluation is above satisfactory, the preliminary base gain time recommendations shall be as follows:

(I) Inmates convicted of an offense occurring prior to 1-1-94 shall receive a preliminary base gain time recommendation of 8 days, unless otherwise modified in accordance with this rule.

(II) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 1 through 7 shall receive a preliminary base gain time recommendation of 11 days, unless modified in accordance with this rule.

(III) Inmates convicted of an offense occurring on or after 1-1-94 and prior to 10-1-95 which falls within the sentencing guidelines offense severity chart level from 8 through 10 shall receive a preliminary base gain time recommendation of 8 days, unless otherwise modified in accordance with this rule.

(IV) An inmate convicted of an offense committed on or after 10-1-95 shall receive a preliminary base gain time recommendation of 4 days.

Preliminary Incentive Gain Time Base Recommendations Security Evaluation Only:

Offense committed prior to 10/1/95

S

E

C

U

R

I

T

Y Above

Satisfactory 8/11

Satisfactory 4

Unsatisfactory 0

Offense committed on or after 10/1/95

Above

Satisfactory 4

Satisfactory 2

Unsatisfactory 0

(b) The classification officer or designee shall evaluate the security and performance ratings which reflect the inmate’s institutional adjustment for the month. The final determination of an award of incentive gain time shall be determined by the classification officer or designee and shall be based on the inmate’s overall monthly activities. When the classification officer or designee concurs with the preliminary base gain time recommendation being applied, no modification is required. The preliminary base gain time recommendation may be modified by the classification officer or designee as reflected by the inmate’s overall institutional adjustment and level of work and program participation for the month. The classification officer or designee may modify the preliminary base gain time recommendation upward or downward from 1 to 4 days not to exceed the maximum eligible award. Any time the classification officer or designee modifies the preliminary base gain time recommendation, the reason for the modification shall be noted. These modifications will be applied to the preliminary base gain time recommendation reflective of the overall rating derived from the security and performance evaluation or security evaluation alone. Reasons for modification of the preliminary base gain time recommendation include:

1. Modification upward of 1-4 days, excluding those inmates identified in sub-subparagraph (4)(a)2.d. of this rule:

a. Participation in recommended programs and treatment if available;

b. Adherence to program or treatment plan;

c. Work or program stability;

d. Program achievement.

2. Modification downward of 1-4 days excluding those inmates identified in sub-subparagraph (4)(a)2.d. of this rule:

a. Not participating in recommended programs or treatment if available;

b. Work, program, or treatment instability;

c. Not adhering to classification management plans;

d. Assigned to work or program 14 days or less during the month, excluding those inmates identified in sub-subparagraph (4)(a)2.d. of this rule.

3. For those inmates identified in sub-subparagraph (4)(a)2.d. of this rule.

a. Modification upward of 1-4 days;

(I) Positive relationships and contact with institutional staff other than health care staff and other patients;

(II) Adhering to the classification management plan.

b. Modification downward of 1-4 days:

(I) Not developing or exhibiting positive relationships and contact with institutional staff other than health care staff and other patients;

(II) Not adhering to the classification management plan.

c. As evaluations are based on activities for the month, no inmate shall be considered as earning any incentive gain time until the month is complete, the evaluations have been submitted, and the award has been determined.

(5) When processed. Incentive gain time is to be processed at the end of each month or upon receipt of progress reports on inmates housed by other agencies. All incentive gain time awards should be posted in the Offender Based Information System by the close of business no later than the 12th day of each month following the month of the award.

(a) Except in the case of extenuating circumstances, inmates will receive written notice of the monthly gain time award within three working days of the last scheduled posting date. In addition, the next scheduled progress report will reflect and summarize the awards of gain time made during the reporting period.

(b) Inmate grievances related to the gain time award or the failure to have received notice of the gain time award shall be filed pursuant to the formal grievance process no later than the end of the month the award is posted, in accordance with Rule 33-103.006, F.A.C., for inmates in the Department’s custody at the end of the month. Inmates who are out to court or in an outside hospital at the end of the month shall file grievances related to the gain time award or the failure to have received notice of the gain time award pursuant to the formal grievance process no later than fifteen days from the date of return to a Department facility.

(c) A grievance concerning gain time filed by an inmate whose complaint is that the work or program evaluation failed to consider the inmate’s capabilities requires that the respondent consult with the Chief Health Officer or designee for information on the inmate’s capabilities.

(d) An inmate who has timely filed grievances regarding the failure to have received notice of a monthly gain time award, shall file a formal grievance relating to the gain time award itself no later than fifteen days from the date of the response to the formal grievance which addressed the failure to have received notice.

(e) Grievances related to gain time awards for the months prior to the adoption of this rule shall be filed no later than August 1, 1994.

(6) Disqualifications. The following conditions will disqualify an inmate for an award of incentive gain time for the period stated:

(a) Inmates in disciplinary confinement status are not eligible for a work/program evaluation or rating award. Inmates in disciplinary confinement are eligible for a security rating award, which can be modified by the classification officer in accordance with paragraph (4)(b) of this rule.

(b) Disciplinary or court action. An inmate is not eligible to receive incentive gain time for the month in which there is an infraction of the rules of the Department or the laws of the State for which he is found guilty. Additionally, those inmates on escape status and detained by other agencies may not be awarded incentive gain time for the period of time out of custody even though lodged in another confinement facility.

(c) Inmates who are out of the Department’s custody during the month on escape, in out-to-court status, or on furlough shall not be eligible to receive incentive gain time for that period of the month, except inmates in out-to-court status for a full month shall be eligible to receive incentive gain time as noted below unless otherwise ineligible:

1. Inmates sentenced for offenses committed on or between April 17, 1994, and September 30, 1995, and which fall within levels 1 through 7 of the sentencing guidelines offense severity ranking chart located in Section 921.0012, F.S. (Supp. 1994), shall receive 11 days incentive gain time for each month in out-to-court status.

2. Inmates sentenced for offenses committed on or between April 17, 1994, and September 30, 1995, and which fall within levels 8 through 10 of the sentencing guidelines offense severity ranking chart located in Section 921.0012, F.S. (Supp. 1994), shall receive 8 days incentive gain time for each month in out-to-court status.

3. Inmates sentenced for offenses committed on or after October 1, 1995, shall receive 4 days incentive gain time for each month in out-to-court status.

(d) Pending delivery status. An inmate is not eligible to receive incentive gain time for the period the inmate is pending delivery to the Department’s custody pursuant to paragraph (1)(a) of this rule.

(e) Death or Life sentences. Death or Life sentences cannot be reduced by gain time. However, any inmate serving a Death or Life sentence will be considered for incentive gain time and the gain time will be posted so that in the event the Death or Life sentence is commuted to a number of years, the accumulated incentive gain time, will be applied to the inmate’s sentence.

(7) Educational achievement incentive gain time. Upon notification by the lead educator or regional education program administrator of a recommendation by the Bureau of Education, the Department shall apply a one-time award of 60 additional days of incentive gain time to an inmate who is otherwise eligible and who has successfully completed requirements for and is awarded a general education development certificate or vocational certificate. To be eligible for the gain time award, the general education development certificate or vocational certificate must be issued by the Florida Department of Education, or the program issuing the certificate must be approved by the Bureau of Education in advance of the inmate’s enrollment. Inmates assigned to community facilities who earn a general education development certificate or vocational certificate in an on-site educational program operated by an outside vendor or provider (state community college, vocational technical center, or private institution) who is approved in advance by the Bureau of Education shall be recommended by the regional educational program administrator for incentive gain time for educational achievement. Under no circumstances may an inmate receive more than 60 days gain time for educational attainment pursuant to this subsection.

(8) Educational gain time. Upon notification by the education supervisor or regional education program administrator, the Department shall grant a one-time award of up to 6 days of additional incentive gain time to all inmates who are otherwise eligible and who have attended and satisfactorily participated in 150 hours of functional literacy instruction in accordance with Section 944.801(3)(i), F.S. The functional literacy instruction must be provided by the Bureau of Education teachers, approved staff, or volunteers.

Rulemaking Authority 944.09, 944.275, 944.281 FS. Law Implemented 944.09, 944.275, 944.281, 944.801(3)(i)5. FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, 10-7-85, Formerly 33-11.065, Amended 4-28-87, 7-12-89, 7-17-90, 10-16-90, 10-14-91, 2-17-93, 4-17-94, 7-17-94, 4-21-96, 6-1-97, 10-7-97, 3-11-98, 5-12-98, 7-9-98, 9-17-98, Formerly 33-11.0065, Amended 7-15-09, 4-19-10, 2-6-12, 5-27-12, 2-16-17, 8-10-22, Technical Change 1-22-26.

33-601.102 Meritorious Gain Time.

(1) Eligibility. An inmate who is otherwise eligible for meritorious gain time may be recommended by the warden for up to 60 days gain time when he has performed an outstanding deed such as:

(a) The saving of a life, the protection of an employee from assault or injury or the recapture of an escaped inmate; or

(b) Providing information to the administration that assists in preventing an escape, preventing introduction of contraband, or the seizure of contraband already in the facility, or other serious planned violations.

(c) Assisting law enforcement agencies by providing relevant information for investigations or participating in requested activities that may result in arrest or prosecution, when recommended by the state attorney or law enforcement agency and when such would be in accordance with the rehabilitative interests of the inmate.

(2) When awarded. The warden will consider a meritorious gain time award at the time the deed is performed or as soon thereafter as practical but in a timely manner.

(3) When processed. Upon recommendation of the Classification Team, the warden, upon approval, will forward a detailed progress report with any investigation completed to the Regional Director, for final action. The progress report shall be completed and submitted to the Regional Director within 30 days of the facility learning of the incident. The Regional Director may approve, modify or disapprove the recommendation. If gain time is approved, the gain time will be entered into the inmate’s record. The sending institution will be notified of the decision.

(4) Ineligibility. An inmate shall not be eligible for meritorious gain time if sentenced pursuant to Section 775.084, F.S., except that an inmate may be considered for meritorious gain time for an outstanding deed if the habitual offender designation is removed and the deed occurs after removal of the designation of habitual offender.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, 10-7-85, Formerly 33-11.09, Amended 4-28-87, 4-17-94, Formerly 33-11.009, Amended 11-17-03.

33-601.103 Awards if Sentence is Expiring or Inmate is Transferred.

(1) Transfer. At the end of the month, it is the responsibility of the transferring facility to ensure that all required gain time evaluations have been reflected on the inmate’s record, through the previous full month. The transferring facility will record any evaluations up to the point of transfer; however, no gain time for the month will apply to the inmate’s release date until the receiving facility reviews the inmate’s adjustment for the remainder of the month. The receiving facility will award the gain time to reflect evaluations at the receiving and transferring facility.

(2) For release. An award of up to the maximum eligible gain time award shall be made for the last month prior to the month of release unless an evaluation of unsatisfactory is recorded for the inmate in the performance (work or program assignment) or security evaluations. If an evaluation of unsatisfactory is recorded for the inmate in the performance or security evaluations for the last month prior to the month of an inmate’s release, the gain time award shall be zero (0) days.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.10, Amended 6-6-91, 2-17-93, 4-17-94, 10-8-98, Formerly 33-11.010.

33-601.104 Withholding or Forfeiture of Gain Time.

(1) Earned Gain Time.

(a) Without Hearing – without prior notice or hearing, an inmate shall forfeit all gain time earned prior to escape or release on supervision upon:

1. Conviction for escape committed before October 1, 2013 – forfeitures assessed under this provision may be mitigated in full or in part upon request of the inmate to the inmate’s classification officer at the discretion of the Secretary or designee based on factors including, but not limited to, the sophistication of the escape, whether force was used during the escape, the length of time outside the Department’s custody following the escape, and whether any criminal activity was committed while outside the Department’s custody following the escape;

2. Revocation of parole, conditional release, control release or clemency;

3. Revocation of conditional medical release providing the offender was revoked for any reason other than improvement in medical condition;

4. Revocation of provisional release supervision, or the revocation of probation or community control if such supervision was imposed for a crime committed on or after October 1, 1989.

(b) After Hearing – An inmate who (a) violates any penal law of this state, or any rule of the Department or institution, (b) threatens or knowingly endangers the life or physical well-being of another, (c) refuses in any way to carry out or obey lawful instructions (d) neglects to perform the work, duties and tasks assigned in a faithful, diligent, industrious, orderly and peaceful manner, or (e) escapes on or after October 1, 2013 may have all or part of the gain time earned forfeited by the Department after a hearing as provided in these rules. An acquittal or dismissal of charges in a court based upon the same acts charged in a disciplinary proceeding will not prevent the Department from forfeiting gain time after a proper hearing.

(2) Unearned Gain Time. Unearned gain time, that is, the right to earn gain time in the future, may be forfeited as provided in paragraph 33-601.308(4)(m), F.A.C.

Rulemaking Authority 944.09, 944.275, 947.149(6) FS. Law Implemented 944.09, 944.275, 944.28, 947.149(5)(a), (b) FS. History–New 2-26-80, Amended 1-12-83, Formerly 33-11.11, Amended 1-19-86, 1-27-87, 4-28-87, 10-12-89, 10-14-91, 7-14-94, Formerly 33-11.011, Amended 8-5-13.

33-601.105 Restoration of Forfeited Gain Time.

(1) For purposes of this rule, positive overall institutional adjustment means the inmate has adhered to the behavioral objectives referenced in Rules 33-601.101 and 33-601.210, Florida Administrative Code (F.A.C.), and has not received an internal security threat transfer during the review period. The review period for the initial eligibility determination by the classification officer is the preceding 12 months. The review period for the decision of the final approving authority is the entire term of the inmate’s current commitment.

(2) All or any portion of gain time that has been forfeited during an inmate’s current commitment as a result of disciplinary action or revocation of probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release is eligible for restoration only when the restoration will produce the same or greater benefits as those derived from the forfeiture. Only those inmates who have established positive overall institutional adjustment during the review period are eligible for consideration of having their gain time restored. Restoration will only be considered when the inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed.

(3) Eligibility.

(a) Restoration of gain time that is forfeited due to disciplinary action may be considered only when the following criteria are satisified:

1. A minimum of one year has elapsed since the inmate was found guilty of a disciplinary infraction.

2. The inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed.

3. The inmate has established positive overall institutional adjustment during the review period.

4. An inmate will not be eligible for restoration of forfeited gain time if the inmate received a felony conviction for an offense that occurred during the inmates current commitment:

5. If an inmate is found guilty of one or more of the following disciplinary infractions that occurred during the inmate’s current commitment, he or she shall be eligible for consideration of restoration of the gain time forfeited for those specific disciplinary infractions only upon the approval of the Secretary or Secretary’s designee:

1-1 Assault or battery or attempted assault or battery with a deadly weapon;

1-2 Unarmed assault, where a physical attack was made against Department staff;

1-5 Sexual battery or attemped sexual battery;

1-6 Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor;

1-7 Aggravated battery or attempted aggravated battery on a correctional officer;

1-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer;

1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

1-10 Aggravated battery or attempted aggravated battery on an inmate;

1-11 Aggravated assault or attempted aggravated assault on a correctional officer;

1-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer;

1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

1-14 Aggravated assault or attempted aggravated assault on an inmate;

1-15 Battery or attempted battery on a correctional officer;

1-16 Battery or attempted battery on staff other than correctional officer;

1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.);

1-18 Battery or attempted battery on an inmate;

1-19 Assault or attempted assault on a correctional officer;

1-20 Assault or attempted assault on staff other than correctional officer;

1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

1-22 Assault or attempted assault on an inmate;

2-1 Participating in riots, strikes, mutinous acts, or disturbances;

2-2 Inciting or attempting to incite riots, strikes, mutinous acts, or disturbances – conveying any inflammatory, riotous or mutinous communication by word of mouth, in writing or by sign, symbol or gesture;

3-1 Possession of or manufacture of weapons, ammunition, or explosives;

3-3 Possession of narcotics, unauthorized drugs and drug paraphernalia;

3-4 Trafficking in drugs or unauthorized beverages;

3-7 Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.;

3-14 Unauthorized possession or use of a cellular telephone or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under Section 944.47(1)(a)6, F.S.;

4-1 Escape or attempted escape;

7-6 Arson or attempted arson;

9-22 Robbery or attempted robbery;

9-36 Gang related activities, including recruitment; organizing; display of symbols, groups or group photos; promotion or participation.

6. Once an inmate has gain time restored, a subsequent forfeiture of gain time due to a disciplinary infraction during the inmate’s current commitment will make the inmate ineligible for further restoration.

7. Gain time that is forfeited prior to an inmate receiving an additional commitment for an offense committed while in custody of the Department will not be considered for restoration.

(b) An inmate is eligible for restoration of gain time forfeited due to revocation of probation (offenses committed prior to 1/1/94 only), community control (offenses committed prior to 1/1/94 only), provisional release, supervised community release, conditional medical release (violations prior to 5/30/97 only), control release (violations prior to 5/30/97 only), or conditional release (violations prior to 5/30/97 only) only when the inmate was not convicted of a new felony offense for acts that occurred during the period of release. The following criteria must also be satisfied before an inmate is eligible for restoration:

1. A minimum of one year has elapsed since the date of the revocation of probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release;

2. The inmate has not received any disciplinary infractions since return as a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;

3. The inmate has established a positive overall institutional adjustment since return as a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violator;

4. The inmate has completed, is participating in, has requested or has been placed on the waiting list(s) for a program where it has been determined that the inmate is in need of the program pursuant to Rule 33-601.210, F.A.C. An inmate’s need for programs, recommendations and priority ranking are determined by the Department’s needs assessment systems and records in the OBIS.

5. Any inmate who receives restoration of gain time forfeited due to a probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violation will not be eligible for restoration of gain time forfeited due to any subsequent probation, community control, provisional release, supervised community release, conditional medical release, control release, or conditional release violation while serving the community supervision portion of the sentence for the same offense;

6. The inmate is serving the portion of his or her sentence that, but for the forfeiture of gain time, would have been completed.

(4) Processing restoration of forfeited gain time.

(a) Restoration of gain time will be considered only when an inmate has met the criteria specified in subsections (2) and (3) of this rule.

(b) There is no entitlement for consideration based upon an inmate’s request.

(c) If an inmate believes that he or she is eligible for restoration of forfeited gain time, the inmate must make a request for restoration on Form DC6-236, Inmate Request, and submit the request to his or her classification officer. Requests submitted to other Department staff will not be processed. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(d) If an inmate meets the criteria in subsections (2) and (3), the classification officer will forward the request to the institutional classification team (ICT) with a recommendation either for or against restoration. If the inmate does not meet the criteria in subsections (2) and (3), the classification officer shall return the request to the inmate, indicating in writing which criteria is not met.

(e) The ICT will consider the request based upon the criteria in subsections (2) and (3) and make a recommendation either for or against restoration to the final approving authority for final action if the inmate meets all eligibility criteria.

(f) Unless otherwise stated herein, the final approving authority for a request for restoration of forfeited gain time is the Assistant Deputy Secretary of Institutions or his or her designee. Upon receipt of the recommendation from the ICT, the final approving authority will approve or deny the request based upon the criteria in subsections (2) and (3).

(g) The institution as defined in Section 944.02(8), Florida Statutes, where the requesting inmate is assigned will be notified via electronic mail from the Bureau of Classification Management, and classification staff at the institution will notify the inmate via institutional mail of the decision and the basis for the decision.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275, 944.28 FS. History–New 11-27-84, Formerly 33-11.15, Amended 10-12-89, 8-29-91, 10-13-93, Formerly 33-11.015, Amended 8-30-01, 4-30-02, 4-10-08, 7-15-09, 12-24-09, 2-16-17, 10-21-21, 9-17-23.

33-601.201 Inmate Work Program.

(1) For the purposes of this rule, an “assignment” means the work or program that an inmate has been assigned to by department staff. Each inmate assigned shall be required to perform in a satisfactory and acceptable manner. It is the continuous goal of the department that inmates in work assignments work at least 40 hours per week. Until this goal is achieved, the department shall maximize the utilization of inmate labor within existing resources.

(2) Inmates may be assigned to perform work for political subdivisions in the state including municipalities and agencies and institutions of the State, or nonprofit corporations that enter into agreements or contracts with the Department pursuant to Department of Corrections Rule 33-601.202, F.A.C. Inmates may also be required to perform work for the corporation authorized to operate correctional work programs under Part II of Chapter 946, F.S.

(3) All inmates shall submit to assignment schedules of the institution, and shall carry out such instructions as shall be given by department staff and non-department staff authorized to supervise inmates.

(4) Except in the case of emergency, inmates shall not be required to perform assignments more than twelve (12) hours per day. The total number of hours inmates may be worked per week shall not exceed seventy-two (72) hours per week, including travel time between their place of confinement and place of work. Inmates ordinarily shall not be required to work on Sunday, except in those assignments necessary for institutional or other agency operation or emergency situations. When practical, inmates should be given one day off from their work assignments per week. Additionally, when practical, inmates shall be given a fifteen (15) minute rest period during each four hour assignment period and at least one-half (1/2) hour for their meal period.

(5) No inmate working outside of an institution shall have any conversation or other contact with any person other than an inmate or employee without the consent of the warden, Officer-in-Charge, or his designated representative, except that the inmate may make a brief and polite response when conversation is initiated by such other person. Waving to or calling out at passing persons or automobiles is prohibited.

(6) When performing an assignment, no inmate shall depart the institutional grounds or the place where he is assigned except with the specific authorization of the warden, Officer-in-Charge, or his designated representative.

(7) A Department of Corrections representative at private facilities shall review and either approve, disapprove or modify all inmate job and program assignments.

(8) When reviewing inmate job and program assignments department staff shall consider factors including the type of work assignment and level of skill required, the inmate’s disciplinary history, the inmate’s arrest and conviction history, and the needs of the institution.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 944.09, 944.10(7), 946.002, 946.40(1), 946.511(1)(b) FS. History–New 10-8-76, Amended 4-19-79, Formerly 33-3.03, Amended 2-26-86, 1-28-98, Formerly 33-3.003, Amended 11-8-00, 8-18-13.

33-601.202 Use of Inmates in Public Works.

(1) The Department is authorized to enter into agreements for the use of prisoners in public works with the following:

(a) Any political subdivision of the State, including counties, municipalities, and special districts;

(b) Any State agency or institution;

(c) Any nonprofit corporation incorporated under Chapter 617, F.S.;

(d) Any Federal entities or subdivisions.

(2) All agreements initiated by the preceding entities for the use of inmates under this rule shall be in writing and shall specify:

(a) Whether supervision will be provided by the Department or by the contracting body or organization.

(b) What out-of-pocket expenses, including but not limited to, special clothing, tools, equipment, and transportation, shall be reimbursed to the Department by the contracting body or organization. A payment schedule for any reimbursements shall be included.

(3) If the inmates are to be supervised by persons other than Department of Corrections employees, the written agreement shall include a provision requiring all non-Department of Corrections employees to complete a course of training in the supervision of inmates to be provided by the Department. The written agreement shall specify that initial training and annual refresher training is required for non-department personnel to supervise inmates.

(4) Inmates in the following categories shall be supervised by Department of Corrections employees only:

(a) Those who are classified as close or medium custody;

(b) Those who, after review by classification staff are determined by the warden, in the exercise of his judgment, to pose a threat of violence to the community;

(c) Those who are sufficiently well-known that their presence in the community might result in undue public attention.

(5)(a) Except for the offenses listed below, any inmate who is convicted or has been previously convicted or adjudicated delinquent for any crime where a sex act was intended, attempted or completed shall not be eligible for assignment to a public works program.

1. Acts relating to prostitution;

2. Urinating in public;

3. Nude sunbathing or swimming;

4. Nude or semi-nude adult entertainment;

5. Exposure of buttocks (mooning);

6. Streaking.

(b) Classification staff shall obtain information as to the circumstances of the offense for inmates with an arrest history for a sex offense where there is no conviction and no inmate shall be permitted to participate in the public works program unless the circumstances of the offense clearly indicate that the inmate did not commit a crime. If information as to the circumstances cannot be obtained, the inmate shall not be assigned to public works.

(6) Non-department supervisors.

(a) Individuals other than Department of Corrections employees may supervise minimum and community custody inmates under this rule only upon the approval of the warden or designee. In making this determination, the warden or designee shall consider the following:

1. The individual’s criminal history as determined by an initial National Crime Information Center/Florida Crime Information Center (NCIC/FCIC) background check;

2. Whether the individual is a relative, friend, or victim of any inmate at the institution;

3. The individual’s ability to understand and communicate in English;

4. Any other factor that may impact the individual’s ability to safely and effectively supervise inmates participating in a public works program.

(b) Upon approval by the warden or designee, a non-department supervisor shall be required to complete a 32-hour orientation and training course before being assigned to supervise inmates.

(c) Non-department supervisors shall be required to submit annually to an NCIC/FCIC background check, upon which the warden or designee shall reevaluate the individual’s eligibility to supervise based on the criteria set forth in paragraph (a) of this subsection.

(d) Upon re-approval by the warden subsequent to the annual background check and evaluation, a non-department supervisor shall be required to complete an annual refresher training course.

(e) The warden may suspend or revoke a non-department supervisor’s authorization to supervise when an incident occurs or when the warden receives information indicating that the individual is unable or unwilling to safely and effectively supervise inmates participating in a public works program. Incidents and information that may subject a non-department supervisor to suspension or revocation include:

1. Criminal history or activity;

2. Failure to maintain required training;

3. Failure to ensure that inmates follow safety requirements, such as hazardous materials handling requirements, vision and hearing protection requirements, and sanitary practices;

4. Allowing inmates to use or handle tools and equipment for which they have not been trained;

5. Failure to inventory and account for tools and equipment;

6. Failure to maintain communication with the institution regarding the location and operations of outside work squads;

7. Failure to report inmate injuries and misconduct;

8. Permitting inmates to use commercial or business restrooms; and

9. Failure to adequately supervise the behavior of inmates based on the inmates’ custody classification and the particular safety risks of the work assignment, and such failure to supervise results in injury, escape, escape attempt, loss or destruction of property, tools, or equipment, or inability of the squad to engage in or complete its assigned work.

(7) All inmates will be expected to carry out instructions as given by the non-Department of Corrections employee.

(8) The Department of Corrections is authorized to enter into agreements with any political subdivision to utilize medium and close custody inmates:

(a) When there are unmet labor needs existing for political subdivisions and the institution is not able to provide minimum or community custody inmates and the type of work and work location is conducive to armed supervision of inmates;

(b) When there exists an emergency which requires more inmates than available from the minimum or community custody inmate institutional complement.

Rulemaking Authority 944.09, 946.40(1) FS. Law Implemented 944.09, 944.10(7), 946.002, 946.40(1) FS. History–New 6-20-84, Formerly 33-3.17, Amended 2-26-86, 10-31-86, 1-29-98, 8-13-98, Formerly 33-3.017, Amended 2-7-02, 12-28-04, 10-28-10.

33-601.209 State Classification Office and Institutional Classification Teams.

(1) The inmate classification system is comprised of two primary operational components which have been established to provide uniformity and consistency in both the development and implementation of classification policies and procedures. These two components are the State Classification Office and the Institutional Classification Team. These components have Rulemaking Authority and responsibility relative to the operation and management of the inmate classification system.

(2) The State Classification Office (SCO) refers to the office or office staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying Institutional Classification team (ICT) recommendations.

(3) The Institutional Classification Team refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing and inmate status decisions at a facility and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.17, 944.1905, 958.11 FS. History–New 9-19-00, Amended 4-1-04, 3-6-14.

33-601.210 Custody Classification.

(1) Facility Assignments.

(a) A mission description shall be prepared for each facility of the Department of Corrections to which an inmate can be assigned. The mission description shall be based upon such factors as staffing patterns, perimeter security, construction features, electronic monitoring capability, type of health services provided, available programs, and any other factors that may affect the security and safety of the staff, inmates, or the general public. The mission descriptions shall be used to aid in the assignment of inmates to facilities in a manner which will best enable the department to maintain security and order. Inmate evaluation and facility assignment shall be based upon such factors as nature and severity of offense, characteristics of sentence, criminal history, age, health status, and any other factor relating to the security and order of the institution or the security and safety of the general public. An inmate shall be assigned to a facility that can provide appropriate security and supervision, that can meet the health needs of the inmate as identified by the department’s health services staff, and, to the extent possible, can meet the inmate’s need for programs and is near the location of the inmate’s family. The Secretary may modify the mission of any facility to meet changing needs in response to changes in population characteristics, or in the event of riot, emergency conditions or other circumstances affecting security and safety of the general public, staff, and inmates.

(b) Inmates who have been committed under the Youthful Offender Act shall not be placed at a non-youthful offender institution except under the following circumstances:

1. The youthful offender is convicted of a new crime that is a felony under the laws of this state;

2. The youthful offender becomes such a serious management or disciplinary problem as to render his assignment to the youthful offender program detrimental to the program and to other youthful offender inmates assigned thereto;

3. The youthful offender needs medical treatment, health services, or other specialized treatment otherwise not available at the youthful offender institution or facility;

4. The department determines that the youthful offender should be transferred outside of the state correctional system, as provided by law, for services not provided by the department; or

5. Bed space is not available in a designated community facility. In such case, the youthful offender shall be separated, insofar as is practicable, from other offenders.

(2) Custody Grade Classification.

(a) Each inmate shall be placed in one of the five custody grades: community, minimum, medium, close, or maximum.

(b) Information from all available sources shall be used to complete an automated custody classification questionnaire. The questionnaire shall reflect the degree of supervision appropriate for the inmate.

(c) The result of completing an automated questionnaire shall be a computer generated numerical score or status custody for the inmate. A status custody is the automatic placement into one of the five custody grades based upon an inmate’s sentence, criminal history, time remaining to serve, and other classification factors reflected on the automated custody questionnaire.

(d) The custody grade resulting from an inmate’s score may be modified if circumstances indicate the need for an exception. The specific reason for the modification shall be explained in the automated system. Reasons for increasing or decreasing the custody grade might, in appropriate cases, include one of the following comments with proper explanation:

1. Charge reduced as a result of plea bargaining.

2. Charge dropped as a result of plea bargaining.

3. Other active/inactive commitments.

4. Commitment includes mandatory or retained jurisdiction provisions.

5. Community and public interest concerns (i.e., judge’s or prosecutor’s recommendation, victim/victim family interest, legislative inquiry, law enforcement interest, executive inquiry, personal notoriety, case notoriety).

a. Family environment (no family ties, strong family ties, married/head of household, crime history in family, family desertion, family transience).

b. Military record.

1. Community supervision record.

2. Status prior to sentencing (i.e., high bond, bond forfeiture, release on bond, jail adjustment).

3. Offender age.

4. Physical or mental health status.

(e) All custody assignments will require the approval of the Institutional Classification Team. At private correctional facilities, all custody assignments will require the approval of the Department of Corrections Representative.

(f) Any modification of the resulting custody grade from the system generated custody or any assignment to community or minimum custody shall require the review and approval of a State Classification Office staff member based upon the criteria listed in paragraph (l), below.

(g) A member of the State Classification Office shall have the authority to initiate a custody assessment and determine the custody level of an inmate whenever the staff member determines that a new assessment is necessary for the safety of the public or the needs of the department.

(h) Except for the offenses listed below, any inmate who is convicted or has been previously convicted or adjudicated delinquent for any crime where a sex act was intended, attempted, or completed shall not be eligible for assignment to community or minimum custody status unless he has previously successfully completed the mentally disordered sex offender program prior to the repeal of Chapter 917, F.S.:

1. Acts relating to prostitution;

2. Urinating in public;

3. Nude sunbathing or swimming;

4. Nude or semi-nude adult entertainment;

5. Exposure of buttocks (mooning);

6. Streaking.

(i) Any inmate who has a current or prior conviction for committing or attempting to commit any of the following offenses is not eligible for community custody:

1. Murder under Section 782.04, F.S.;

2. Aggravated manslaughter of an elderly person or disabled adult under Section 782.07(2), F.S.;

3. Aggravated manslaughter of a child under Section 782.07(3), F.S.;

4. Aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic under Section 782.07(4), F.S.;

5. Murder of an unborn child under Section 782.09(1), F.S.;

6. Attempted murder of a law enforcement officer under Section 784.07(3), F.S.;

7. Making, possessing, throwing, projecting, placing, or discharging any destructive device and the act results in the death of another person or for attempted making, possessing, throwing, projecting, placing, or discharging any destructive device and the act results in the death of another person under Section 790.161(4), F.S.; or

8. Assisting self-murder under Section 782.08, F.S.

(j) Any inmate who has been certified as a mentally disordered sex offender pursuant to Chapter 917, F.S., shall not be assigned to minimum custody status unless he has successfully completed the mentally disordered sex offender program.

(k) Any inmate who has been designated as an alien by the department, who has been in the custody of the department less than six months, and:

1. For whom no decision has been made by Immigration and Customs Enforcement regarding deportation,

2. For whom an evaluation regarding deportation is pending, or

3. For whom a decision has been made to deport, shall not be assigned to lower than close custody status.

(l) The following inmates shall not be classified as less than close custody unless approved for assignment to a lower custody by the Chairperson of the State Classification Office as provided in paragraph (l), below:

1. Inmates under sentence of death (maximum custody).

2. Inmates formerly under sentence of death.

3. Inmates serving life sentences with a 25 year mandatory provision and who are not within 5 years of an established release date.

4. Inmates serving life sentences and who are not within 10 years of an established release date.

5. Inmates who are not within 15 years of a release date.

(m) The Chairperson of the State Classification Office may approve an inmate listed in paragraph (k), for lower custody after consideration of the following criteria:

1. Overall institutional adjustment.

2. Time served.

3. Prior offense history.

4. Seriousness of instant offense.

5. Program participation.

6. Needs of the department.

7. Whether the inmate poses a threat to the public.

8. Disciplinary record.

9. Escape history.

10. Security needs.

(n) An inmate may not remain in community custody if subsequently found ineligible or inappropriate for community release program participation.

(3) Review of Inmates Who Have Special Needs. The secretary shall appoint a special needs committee in central office to review those cases in which inmates have been determined by medical services as having special medical needs or inmates who are elderly and have special needs that may be in conflict with the custody levels authorized. The special needs committee will evaluate the special needs, the custody requirements, and the institutional placement best suited to meet an inmate’s needs. This committee has the authority to make the final assignment that meets the inmate’s needs within the medical and facility resources of the department. This may include a special custody exception on a case by case basis. Inmates identified as having special needs or requiring special review shall be recommended to the impaired inmate special needs coordinator in the central office who will coordinate with classification services and refer each case to the special needs committee. The special needs committee shall be comprised of the Chairperson of the State Classification Office, the Americans with Disabilities Act Coordinator, and the Impaired Inmate Coordinator for Health Services. Committee decisions shall be reviewed by the Secretary.

(4) Progress Assessments.

(a) As used in this subsection:

1. “Review” means meeting of the Institutional Classification Team.

2. “Assessment” means a formal evaluation of the inmate’s progress towards the goals set for him or her by the Institutional Classification Team.

(b) Assessments shall be periodically prepared for the purpose of:

1. Recording the inmate’s adjustment to the institution.

2. Evaluating the inmate’s potential future adjustment.

3. Establishing positive adjustment goals and motivating the inmate to achieve those goals.

4. Providing the inmate with an opportunity to become involved in assessing his progress and in stating his work and program interests.

a. Periodic assessments will record the inmate’s program interests.

b. Program goals and placements will be based on the needs assessments tool and within the parameters of that tool.

(c) All inmates are required to appear for assessments and reviews unless a permanent medical condition makes them incapable of participating and the reason is documented in the review. Under any other circumstances, the assessment and review shall be rescheduled if the inmate fails to appear or is temporarily unavailable to attend as scheduled. An inmate shall be notified a minimum of forty-eight hours in advance of an assessment and review unless the inmate waives such notice in writing. All inmates shall be scheduled for assessments at least every 12 months. Close management documentation may be substituted for the required assessments.

(d) Assessments and reviews should also be used to document any program changes made by the Institutional Classification Team between regularly scheduled reviews. In such cases, only the areas encompassing the change need to be noted in the report. Such an abbreviated report will not alter the schedule of reviews.

(e) The schedule for assessments and reviews may be altered and an unscheduled assessment and review prepared upon request by the Florida Commission on Offender Review, in the case of an escape or other unusual occurrence, or in any other case where it is determined such report would be of value. An unscheduled review shall revise the scheduled date of the next review and subsequent reviews.

(f) In preparing assessments, care should be taken that all pertinent facts are included to insure that all up-to-date information concerning changes in an inmate’s activity are documented. Additionally, any new recommendations of the committee in regard to inmate goals should be carefully documented and supporting facts included.

(g) An assessment and review will be completed on all transfers by the receiving facility. Movement from one location to another on a temporary basis does not require an assessment and review.

(h) An assessment and review shall be prepared whenever an inmate is being recommended for parole.

(i) All recommendations for a transfer to another facility, to a contract drug treatment program, or for work release shall require the approval of the State Classification Office.

(j) At the time of the first assessment and review, should the inmate record not contain a pre-sentence investigation, the classification officer is responsible for requesting such document(s) from the Probation and Parole Services Office in the region from which the inmate was committed.

(k) Additional gain time is to be considered at the time of any scheduled or unscheduled review.

(l) Assessments and reviews may contain recommendations for the setting of sentences pursuant to Section 921.22, F.S. Such recommendations should specify a definite period of years or months, taking into account the tentative expiration date on the set term, the amount of gain time earned and the amount of time it will take to process the recommendation. Such recommendations should be based on all information concerning the inmate that is available to the team.

(m) The department may in selected cases recommend to the Florida Commission on Offender Review that an inmate be placed on parole at an earlier date than scheduled. Note should be made of an inmate’s presumptive parole release date (PPRD) when considering such possibilities. If it is felt that such significant progress has taken place since the setting of the PPRD that it should be moved forward to an earlier date, then such recommendations should be made to the Florida Commission on Offender Review in an assessment and review setting forth the basis for recommending a change in the PPRD. All assessments and reviews containing parole recommendations will be reviewed and approved or disapproved by the Institutional Classification Team and forwarded to the State Classification Office for approval or disapproval. The assessment and review shall then be submitted to the Chief of the Bureau of Classification Management who, on behalf of the Secretary, shall make a recommendation to the Florida Commission on Offender Review. A copy of the report shall be forwarded to the Florida Commission on Offender Review.

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 20.315, 921.20, 944.09, 944.17(2), 944.1905, 958.11 FS. History–New 12-7-81, Formerly 33-6.09, Amended 6-8-82, 10-26-83, 6-8-86, 7-8-86, 10-27-88, 1-1-89, 7-4-89, 10-12-89, 1-2-91, Formerly 33-6.009, Amended 7-21-91, 8-30-92, 5-13-96, 6-12-96, 11-19-96, 10-15-97, Formerly 33-6.0045, Amended 9-19-00, 2-25-07, 11-4-08, 7-4-10, 8-12-12, 7-14-14.

33-601.211 Special Review.

(1) Special review is the classification status assigned to inmates who pose a potentially serious threat to other inmates or staff or who pose a risk to the security and order of an institution.

(2) The purpose of the special review designation is to ensure that the inmates are tracked and housed to minimize potential conflict.

(3) Special review status shall be assigned only in cases in which the circumstances are serious and expected to be long-term in nature.

(4) The Bureau of Classification and Central Records is responsible for verifying, documenting, approving and assigning special review status.

(5) The facility housing the special review inmate shall ensure that documentation related to the inmate is processed and maintained as current. If inmates at other facilities are involved in a special review, the facility housing the special review inmate shall forward copies of all special review documentation pertinent to the other facility’s inmate for inclusion in that inmate’s file.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-11-04.

33-601.215 Classification – Transfer of Inmates.

(1) Upon completion of the reception process, each inmate will be assigned and transferred to the institution or facility approved by Classification that is most likely to facilitate the inmate’s institutional progress. An inmate may subsequently be transferred from one institution to another to serve the Department’s mission as it relates to the classification and management of the state prison population and to best serve the needs of the inmate.

(2) An inmate participating in an academic, vocational, substance abuse, or betterment program will not be transferred to another institution prior to completion of the program unless the program is available at the receiving institution, or for purposes of population management or security and safety concerns specifically set forth in writing.

(3) An inmate who meets specified criteria may request a good adjustment transfer from his or her current institution or facility to certain other institutions or facilities in another part of the state. An inmate may request a transfer by completing Form DC6-187, Inmate Request for Good Adjustment Transfer, which is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-13410. The effective date of this form is 08/21. The criteria for a good adjustment transfer are set forth in Form DC6-187. The criteria set forth in Form DC6-187 must be met by an inmate at the time he or she requests a transfer and must continue to be met until the transfer occurs. The Department does not guarantee that an inmate will be transferred to one of his or her preferred locations as requested on Form DC6-187. In the event the Department does not transfer the inmate to one of his or her preferred locations, the inmate will be transferred to another institution or facility in the geographical location near one of the preferred locations based on the Department’s interest in population management, security, and safety, and the inmate’s needs.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.17, 945.12 FS. History–New 10-8-76, Formerly 33-6.03, Amended 7-21-91, 10-11-95, Formerly 33-6.003, Amended 9-19-00, 12-13-15, 4-23-20, 8-16-21.

33-601.217 Elderly Offender Housing.

(1) Definitions.

(a) Institutional Classification Team (ICT) – refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing and inmate status decisions at a facility and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(b) State Classification Office (SCO) – refers to the office or office staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(c) Elderly Offender – an inmate age 50 or older in a state correctional institution operated by the Department of Corrections or a state correctional facility operated by a private entity under contract with the Department of Management Services.

(d) Geriatric Facility or Dorm – a facility or dorm within a facility authorized by Section 944.804, F.S., for generally healthy elderly offenders who can perform general work appropriate for their physical and mental condition.

(e) Inmate Support Group – a group of inmates under the age of 50 who are needed to supplement the elderly inmate work assignments.

(2) Placement criteria. The department does not house inmates solely based on age. Elderly inmates are housed consistent with their custody level and medical status. However, certain facilities may be designated to house or to care for elderly inmates. Inmates shall be recommended for placement at a geriatric facility or dorm through routine classification assignment.

Inmates shall meet the following criteria for placement in a geriatric facility or dorm:

(a) Age 50 or older (other than inmate support group inmates);

(b) Have not received any violent disciplinary reports within the last three years;

(c) Are not otherwise deemed to be a security or disciplinary risk for placement; and

(d) Are compatiable with the facility’s mission and profile.

Rulemaking Authority 944.09, 944.804 FS. Law Implemented 944.09, 944.804 FS. History–New 9-15-02, Amended 4-1-04, 12-29-10, 3-6-14.

33-601.220 Youthful Offenders – Definitions.

(1) Extended Day Program – a 16 hour daytime program at youthful offender institutions that is designed to provide at least 12 hours of activities. The program is structured to include work assignments, educational (vocational and academic) programs, counseling, behavior modification, coordinated movement, systematic discipline, and other programmatic opportunities that will reduce inmate idleness and enhance the young inmate’s chance at becoming a law abiding citizen upon re-entry into the community.

(2) Sentence Modification –an alteration or amendment by the court of the original sentence. The modification reduces the time to be served and may impose a term of probation, community control or other community sanctions, which, when added to the term of incarceration, will not exceed the length of the original sentence.

(3) Institutional Classification Team (ICT) – where used herein, the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at a facility and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(4) State Classification Office (SCO) – refers to the office or office staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(5) Youthful Offender – where used herein, refers to any person who is sentenced as such by the court or is classified as such by the department pursuant to Section 958.11(4), F.S.

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 944.09, 958.11 FS. History–New 3-13-01, Formerly 33-506.100, Amended 2-19-03, 4-1-04, 12-12-11, 3-6-14.

33-601.221 Youthful Offender Classification Categories in Institutions.

Youthful offenders shall be classified in one of the following categories while incarcerated:

(1) Youthful offenders sentenced by the court under Section 958.04, F.S.;

(2) Selected non-aggressive first offenders 14 through 24 years of age, except capital or life felons, with a sentence of 10 years or less;

(3) Selected non-aggressive first offenders 19 years of age and under, with the exception of capital or life felons, serving sentences greater than 10 years, based upon mental or physical vulnerability which would jeopardize the inmate’s safety in a non-youthful offender facility. Each inmate in this category shall be approved by the Reception and Youthful Offender Administrator in the Bureau of Classification and Central Records prior to placement.

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 944.09, 958.04, 958.11 FS. History–New 10-11-95, Formerly 33-33.007, 33-506.101.

33-601.222 Reception Process for Youthful Offenders.

(1) Youthful offenders shall be received at the reception center designated for the sending county.

(2) Youthful offenders shall be housed separately from adult offenders during the reception process.

(3) In addition to the reception and classification requirements of Chapter 33-601, F.A.C., the youthful offender shall undergo an assessment and diagnostic screening to include a battery of tests, interviews and observations relating to criminal behavior.

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 944.09, 958.12 FS. History–New 10-11-95, Amended 9-11-97, Formerly 33-33.008, 33-506.102.

33-601.223 Designation of Institutions for Youthful Offenders.

(1) Upon completion of the reception process, each youthful offender shall be transferred to an institution designated for his or her age and custody in accordance with Section 958.11, F.S.

(2) The following institutions and units are designated to house youthful offenders:

(a) Sumter Correctional Institution;

(b) Sumter Basic Training Unit;

(c) Suwannee Correctional Institution;

(d) Lowell Correctional Institution and Basic Training Unit;

(e) Lake City Correctional Facility.

Rulemaking Authority 944.09, 958.11 FS. Law Implemented 944.09, 958.11 FS. History–New 10-11-95, Amended 9-11-97, 4-14-98, Formerly 33-33.009, Amended 3-13-01, Formerly 33-506.103, Amended 12-7-04, 4-2-12, 2-29-16, 8-30-16.

33-601.225 Classification Screening for Youthful Offenders in Adult Facilities.

(1) The Bureau of Classification and Central Records shall continuously review classification data for inmates eligible for youthful offender designation to determine if the criteria for assignment to the youthful offender program is met. Offenders identified shall be classified and assigned as youthful offenders. Any inmate designated as a youthful offender shall be assigned to a youthful offender facility.

(2) When inmates meeting the youthful offender criteria are received at non-youthful offender institutions, the staff should continuously review those cases for transfer to a youthful offender institution.

Rulemaking Authority 958.11 FS. Law Implemented 958.11 FS. History–New 10-11-95, Formerly 33-33.011, 33-506.105, Amended 12-12-11.

33-601.226 Youthful Offender Program Participation.

(1) Each youthful offender institution shall provide a programmatically diversified extended day of 16 hours of required inmate participation six days a week, contingent upon available resources.

(2) The schedule of events shall be developed by each warden and approved by the regional director and the Office of Institutions.

(3) Definitions.

(a) Bureau of Classification Management – the bureau in the central office responsible for the overall classification system in the department, including reception, facility, work, program, and custody assignments, disciplinary processes, population management, maintaining active and inactive inmate records, overseeing and auditing all the processes involved with sentencing documents received from the courts, and controlling inmates’ prison commitment as well as the coordination of release processes.

(b) Extended Day Program – a 16-hour per day, multi-phase program at designated youthful offender institutions designed to reduce inmate idleness and improve a youthful offender’s chance of successful re-entry into the community.

(c) Institutional Classification Team (ICT) – the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at a facility and for making other classification recommendations to the state classification office. At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(d) Review Board – the team consisting of extended day program staff, to include at least one officer of the rank of sergeant or above and a staff member directly involved in the training and instruction of youthful offenders, responsible for determining advancement through the phases of extended day program.

(e) State Classification Office (SCO) – the office or office staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying institutional classification team recommendations.

(4) Extended Day Program Phases. Extended day program phases are consecutive. An inmate must participate in Phase I before advancement to Phase II and Phase II before advancement to Phase III.

(a) Phase I shall consist of a two-week orientation period, including a broad, extensive training program including physical fitness, work assignments, regimented application of discipline, and personal development programs. To advance to Phase II, the inmate must pass an evaluation on orientation materials.

(b) Phase II shall consist of continued demonstration of skills learned in Phase I, adherance to the structure of the extended day program, and positive consistency and participation in vocational, academic, and betterment programs.

(c) Phase III shall consist of:

1. Continued demonstration of capability in the areas of personal responsibility, discipline, job assignments, and academic and vocational programs, as well as all other areas of daily living and activities;

3. Maintenance of high proficiency in achievments;

4. Providing assistance to staff with designated activities; and

5. Evaluation by the review board and ICT in all areas on a continual basis to ensure that the inmate should remain in Phase III.

(d) Remedial Phase. The remedial phase is designed for inmates who pose disciplinary and management problems or have basic needs for additional behavior modification measures based on poor institutional adjustment or behavior. The remedial phase shall consist of a period of behavior modification emphasizing compliance with rules, proper institutional adjustment, and appropriate social behavior.

(5) Advancement to Phase III.

(a) A Phase II inmate wishing to participate in Phase III must apply for advancement using Form DC6-188, Inmate Promotional Request, and an evaluation by the ICT will be conducted to determine whether the inmate is eligible for advancement to Phase III. Form DC6-188 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01179. The effective date of this form is 6-13.

(b) If approved by the ICT for advancement, the inmate shall be eligible for recommendation for modification of sentence pursuant to subsection (6) of this rule. No inmate has a right to recommendation for modification of sentence. Institutional classification staff are authorized to notify the Bureau of Classification Management or designee of an inmate who meets the criteria for recommendation for modification of sentence.

(6) Recommendations for Modification of Sentence.

(a) The following will result in an evaluation by the Bureau of Classification Management or designee of the inmate’s eligibility for recommendation to the court for a modification of sentence at any time prior to the scheduled expiration of sentence as provided in Section 958.04(2)(d), F.S.:

1. Successful participation in all phases of the youthful offender extended day program, to include participation in Phase III of the extended day program for a minimum of 180 consecutive days; and

2. Reclassification to minimum or community custody.

(b) Successful participation in the extended day program is defined as:

1. Satisfactory gain time ratings in Phase III for a minimum of 180 days;

2. Participation in recommended programs;

3. No disciplinary reports for the previous four months; and

4. No more than four corrective consultations for the previous four months.

(c) Evaluation of the inmate’s eligibility will include, but will not be limited to:

1. Review of circumstances of offense;

2. Institutional adjustment; and

3. Achievements.

(d) One or more of the following will render the inmate ineligible for recommendation of a sentence modification to the court:

1. Conviction for murder, attempted murder, or an offense resulting in a death;

2. Conviction for sexual battery pursuant to Section 794.011, F.S.;

3. Conviction for kidnapping pursuant to Section 787.01, F.S.;

4. Conviction for domestic violence pursuant to Section 741.28, F.S.;

5. Sentenced as a habitual offender pursuant to Section 775.084, F.S.;

6. Currently serving the minimum mandatory portion of a sentence; or

7. The inmate has previously been granted modification of sentence under the provisions of this rule.

(7) Extended Day Program Assessment. Each inmate shall be required to participate in Phase III in a satisfactory manner for a minimum of 180 consecutive days in order to be considered for recommendation to the court for modification of sentence.

(a) The review board shall continually assess the inmate’s participation in the program and recommend status assignments. Should an inmate fail to successfully perform as set forth in subparagraphs (6)(b)2. through 4. of this rule at any time during Phase III, days served successfully will not be counted toward the minimum 180 day successful participation requirement.

(b) Inmates who have successfully participated for the required time period shall remain subject to the rules of the department and the extended day program. Failure to adhere to the administrative rules of the department shall be grounds for removal from consideration for recommendation for modification of sentence, withdrawal of the department’s request to the court for modification of the inmate’s sentence, or a request by the department to rescind modification of sentence. Form DC6-196, Order Rescinding Order Modifying Sentence, will be completed by the Bureau of Classification Management or designee and provided to the court with the request to rescind modification of sentence. Form DC6-196 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01182. The effective date of this form is April, 2012.

(8) Removal from Consideration for Recommendation.

(a) An inmate shall be removed from the program when such removal is in the best interest of the inmate or the security of the institution and in accordance with Section 958.11, F.S. However, if the inmate has completed the minimum requirements prior to removal, and such removal is not due to the inmate’s receipt of a disciplinary report or corrective consultation, the inmate shall still be considered for recommendation for modification of sentence.

(b) An inmate shall be removed from consideration for recommendation for modification of sentence for behavioral, performance, or disciplinary reasons.

(9) Sentence Modification Process.

(a) Inmates who have satisfactorily participated in the extended day program and who meet the eligibility criteria in subsection (6) of this rule will be recommended for sentence modification.

(b) If determined eligible, institutional classification staff shall forward a completed Form DC6-195, Defendant’s Waiver of Rights in Modification of Sentence, to the Bureau of Classification Management or designee The waiver shall be forwarded no earlier than five days prior to the expected completion of the 180-day requirement. Form DC6-195 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01181. The effective date of this form is April, 2012.

(c) The Bureau of Classification Management or designee shall approve the ICT’s recommendation, disapprove the recommendation, or refer the matter back to the ICT for additional information within 5 working days from receipt of the ICT’s recommendation.

(d) If approved by the Bureau of Classification Management or designee, a cover letter reporting that the inmate is participating satisfactorily in the program will be sent to the community corrections intake office within the circuit of the sentencing court by the Bureau of Classification Management or designee within 5 working days from approval of the ICT’s recommendation.

(e) The community corrections intake office shall complete Form DC6-193, Order Modifying Sentence, and submit it to the court for approval or disapproval within 5 working days from receipt of the request. Form DC6-193 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02415. The effective date of this form is 6-13.

(f) The community corrections intake office shall ensure that Form DC6-193 is received from the sentencing court and shall route the form to the appropriate staff in the Bureau of Classification Management.

(g) The appropriate staff in the Bureau of Classification Management or designee will be notified as to the receipt of Form DC6-193.

(h) Upon receipt of the court’s written action, the appropriate staff in the Bureau of Classification Management shall make the necessary sentence structure adjustments and, if applicable, initiate release processes.

(i) If the sentence modification order is not received within 35 working days after the request is made, the Bureau of Classification Management or designee shall notify by email or by telephone the community corrections intake office that submitted the sentence modification packet to the court. The community corrections intake office staff shall contact the sentencing judge to determine the status of the request for sentence modification. Community corrections intake staff shall notify the Bureau of Classification Management or designee of the status of the request for sentence modification. If the community corrections intake office staff member obtains the approved DC6-193, the staff member shall forward the form to the appropriate staff in the Bureau of Classification Management, and the processes enumerated in paragraphs (9)(g) through (9)(h) of this rule shall be followed.

(j) If the sentencing court disapproves the sentencing modification, the community corrections intake office shall notify the Bureau of Classification Management or designee. The Bureau of Classification Management or designee shall notify the ICT at the institution housing the inmate. The ICT shall notify the inmate of the court’s denial.

(10) Nothing in this rule is intended to prohibit an inmate from petitioning the court if the inmate believes he or she has successfully participated in the program on the basis set forth in this rule or on the basis of other facts he or she believes are relevant.

Rulemaking Authority 944.09, 958.04, 958.11 FS. Law Implemented 944.09, 958.11, 958.12 FS. History–New 10-11-95, Amended 9-11-97, Formerly 33-33.013, Amended 3-13-01, Formerly 33-506.106, Amended 4-2-02, 2-19-03, 9-16-04, 5-28-12, 6-18-13, 3-6-14.

33-601.231 Basic Training Program – Purpose.

The basic training program is designed to provide an alternative to long periods of incarceration for inmates who have been sentenced under the Youthful Offender Act or have been classified as youthful offenders by the department and who meet specified criteria set forth in Rule 33-601.234, F.A.C., when space is available and the sentencing court approves. Inmates participating in the basic training program shall follow a regimented schedule involving structured discipline, counseling, general educational development and adult basic education courses, work assignments, physical training and other rehabilitation programs.

Rulemaking Authority 20.315, 944.09, 958.045 FS. Law Implemented 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.001, 33-506.201.

33-601.232 Basic Training Program – Rules.

The rules of the Department of Corrections shall be applicable to all basic training program inmates and employees, except as modified by this chapter.

Rulemaking Authority 20.315, 944.09, 958.045 FS. Law Implemented 20.315, 944.09, 958.045 FS. History–New 2-26-89, Formerly 33-27.002, 33-506.202.

33-601.233 Basic Training Program – Definitions.

(1) Alternative Training – Authorized physical activities which are imposed by basic training program staff following an inmate’s misconduct. Alternative training is intended to correct inmate behavior by imposing minor sanctions as set forth in Rule 33-601.241, F.A.C.

(2) Basic Training Program – Refers to a program designed to provide an alternative to long periods of incarceration for inmates who have been sentenced by the court or who have been classified as youthful offenders by the department and who meet specific criteria set forth in Rule 33-601.234, F.A.C. The program is a regimented schedule of structured discipline, counseling, general education development and adult basic education, work assignments, physical training and other rehabilitation programs.

(3) Basic Training Program Classification Officer – A classification officer or senior classification officer assigned to a basic training program caseload.

(4) Community Residential Facility – A work release center or a community-based residential substance abuse program.

(5) Disciplinary Team – A team to conduct disciplinary hearings, composed of the assistant warden for programs and the administrative lieutenant rotating as the chairperson for the hearing and a correctional probation officer, senior classification officer or classification officer as the second member of the team.

(6) Drill Instructor – A basic training program staff member who provides instruction to inmates assigned to the basic training program in the areas of physical training, military drill and ceremony, and in completion of the obstacle course.

(7) Obstacle Course – A strenuous exercise program which requires the inmate to overcome a series of barriers and is designed to promote the development of self confidence and physical endurance.

(8) Physical Training – A series of organized group calisthenics and exercises designed to develop the physical fitness of the inmate to an optimum level.

(9) Program Director – A basic training program staff member of the rank of correctional officer captain or above who is responsible for all aspects of the basic training program for program content, staff supervision, and inmate security and treatment.

(10) Quiet Time – A period of time set aside for inmates to remain in their individual rooms to read, write letters, complete other approved activities when all other assigned functions are completed.

(11) Reception and Youthful Offender Section – Refers to the Bureau of Classification and Central Records section in central office, responsible for administering reception and youthful offender activities.

(12) Review Team – Refers to a team composed of a sergeant or above and drill instructor. The purpose of the review team is to review inmate misconduct that may result in sanctions above the level of alternative training.

(13) Shock Incarceration – A training technique employed in the basic training program which utilizes intense physical training, military drill, verbally aggressive confrontation, and the immediate application of minor discipline. The intent of shock incarceration is to modify the behavior of youthful offenders and to avert long-term incarceration.

(14) Study Time – A period of time set aside daily for inmates to study and complete homework assignments.

(15) Youthful Offender – Refers to any person sentenced by the court or classified by the department in accordance with Section 958.04 or 958.11, F.S.

Rulemaking Authority 958.045, 958.11 FS. Law Implemented 958.04, 958.045, 958.11 FS. History–New 2-26-89, Amended 1-25-96, 10-23-97, Formerly 33-27.003, Amended 3-13-01, Formerly 33-506.203, Amended 1-17-02, 10-10-04.

33-601.234 Basic Training Program – Selection Process.

(1) In order to participate in the program, a youthful offender as defined by Chapter 958, F.S., shall meet the following criteria:

(a) Was sentenced or classified as a youthful offender;

(b) If designated by the department as a youthful offender, must be eligible for control release pursuant to Section 947.146, F.S.;

(c) Has no physical limitations that would preclude strenuous activity;

(d) Has no mental impairment;

(e) Has no prior incarceration in a state or federal correctional institution;

(f) Has no history of escape conviction from any jurisdiction;

(g) Is amenable to a regimented training program;

(h) Is classified as minimum or community custody; and

(i) Is amenable to the rehabilitative benefits of shock incarceration.

(2) The classification officer will screen the youthful offender during the reception process to determine if he or she meets the program eligibility criteria. If the inmate meets the criteria, the classification officer will notify the inmate and explain the requirements and benefits of successful participation and completion of the program. If the inmate does not meet the criteria, the inmate will be notified and the results will be recorded on the admission summary. The Reception and Youthful Offender Section in the Bureau of Classification and Central Records will be notified by the classification officer of any inmate who meets the criteria and is amenable to the program. Such staff shall either approve or deny the inmate’s participation in the program. The sentencing court shall be notified in writing by the Bureau of Classification and Central Records requesting approval for the inmate to participate in the program. If the inmate is classified by the department as a youthful offender, the prosecuting state attorney shall, at the same time, be notified that the inmate is being considered for placement in the basic training program. If the sentencing court disapproves the department’s recommendation for the offender’s placement in the basic training program, the offender shall be so notified and shall complete incarceration pursuant to the terms of the commitment order. If the sentencing court approves the department’s recommendation for the offender’s placement in the basic training program, the offender shall be notified of assignment to the basic training program. When the response is received from the sentencing court, the Reception and Youthful Offender Services Section in the Bureau of Classification and Central Records shall either schedule the inmate for transfer to the basic training program if the sentencing court has approved the placement, or note on the record that the sentencing court has denied the placement of the offender and notify the institutional classification team of the sentencing court’s decision. If the sentencing court disapproves the recommendation, the classification officer shall notify the inmate of the sentencing court’s decision and the inmate shall complete incarceration pursuant to the terms of the commitment order. If the sentencing court approves the recommendation, the classification officer will notify the inmate of assignment to the basic training program. The department shall contact the sentencing court within 21 days after receipt of the department’s request to determine the status of the request for approval to participate in the basic training program. The inmate will be placed in the program after the sentencing court approves his or her placement for participation.

(3) Program Assessment. Each inmate shall be required to participate in a satisfactory manner for a minimum of 120 days in order to successfully complete the program. The IMPT shall continually assess the inmate’s participation in the program and recommend that the inmate continue in the program for a specific number of days in order to repeat those days for which an overall unsatisfactory report was received. Failure to receive a satisfactory evaluation during the extended period will result in the removal of the inmate from the program pursuant to Rule 33-601.242, F.A.C. In such cases, the inmate shall be assigned to an appropriate facility to serve the duration of his or her sentence. Inmates who have successfully participated for the required time period, but who are awaiting release by the sentencing court or other releasing authority shall remain subject to the rules of the department and the basic training program. Failure to adhere to these rules may be grounds for removal from the program pursuant to Rule 33-601.242, F.A.C. Documentation of successful program completion, recommendations for extension, or removal from the program shall be completed by the IMPT and provided to the program director.

Rulemaking Authority 958.045 FS. Law Implemented 946.40, 958.04, 958.045 FS. History–New 2-26-89, Amended 11-2-90, 1-25-96, 10-23-97, Formerly 33-27.004, Amended 3-13-01, Formerly 33-506.204, Amended 1-17-02, 1-9-03, 10-10-04.

33-601.235 Basic Training Program – Orientation.

Orientation will begin upon the inmate’s arrival at the basic training program. Orientation shall include:

(1) Inmate identification by photograph, name, and DC number;

(2) Initial reception and introduction to the basic training program, will include an explanation of the shock incarceration program and the community residential facilities;

(3) Inventory of inmate personal property;

(4) Explanation of disciplinary procedures as outlined in Rules 33-601.241 and 33-601.301-.314, F.A.C.;

(5) Haircuts;

(6) Housing assignments;

(7) Issuance of basic training program uniforms and explanation of basic training program dress code and inmate hygiene requirements;

(8) Medical and dental exams;

(9) Explanation of sick call procedures, religious programs, classification procedures, counseling procedures, and library services;

(10) Explanation of news media procedures and consent forms; and

(11) Introduction to military courtesy and drill.

Rulemaking Authority 20.315, 944.09, 958.045 FS. Law Implemented 20.315, 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.005, 33-506.205.

33-601.236 Basic Training Program – Operation.

(1) The basic training program will be inclusive of the phases listed below:

(a) Phase I – Will consist of an intensified military regimen for a minimum of 60 days of active participation.

(b) Phase II – Will consist of educational programming and personal development training provided within a quasi-military environment for a period not to exceed the length of sentence imposed by the sentencing court. Inmates will be required to participate successfully in Phase II of the Basic Training Program for a minimum of 60 days. The length of time that an inmate may participate in Phases I and II combined shall be no less than 120 days. Each inmate will be required to participate in a satisfactory manner for a minimum of 120 days in order to successfully complete the basic training program.

(c) At the conclusion of Phase II, the offender shall be placed in a community residential facility or released to an alternative post-release program or plan in accordance with Sections 958.045(6)(a) and (b), F.S.

(2) Inmates who have satisfactorily completed the requirements of Phase I will proceed to Phase II of the basic training program. Those inmates who have not participated satisfactorily in Phase I shall be required to repeat those days for which an unsatisfactory report was issued.

(3) Inmates who have satisfactorily completed the requirements of the basic training program shall be released to a term of probation as specified and modified by the sentencing court.

(4) The IMPT shall continually assess the inmate’s participation in the program and recommend that the inmate continue in the program for a specific number of days in order to repeat the days for which an overall unsatisfactory report was received.

(a) Failure to receive a satisfactory evaluation during the extended period will result in the removal of the inmate from the program.

(b) In such cases, the inmate will be assigned to an appropriate facility to serve the duration of his or her sentence upon recommendation of the ICT and approval of the SCO.

(5) Request for Sentence Modification.

(a) Inmates who have satisfactorily completed the basic training program will be recommended for sentence modification. A male inmate who has successfully completed the basic training program and is awaiting release by the sentencing court or other releasing authority shall remain at Sumter Correctional Institution Basic Training Unit or at a youthful offender facility designated by the Reception and Youthful Offender Services Section pending release. If eligible, the inmate may be placed on community work release. A female inmate who has successfully completed the basic training program and is awaiting release by the sentencing court or other releasing authority shall remain at the basic training program at Lowell Correctional Institution or at a youthful offender facility designated by the Reception and Youthful Offender Services Section pending release. If eligible, the inmate may be placed on community work release.

(b) The inmate management plan team shall notify the Reception and Youthful Offender Services Section in the Bureau of Classification and Central Records when the inmate has successfully completed the basic training program. The inmate management plan team will recommend a modification of sentence to the court that will include release to community supervision or placement in a community residential facility as a condition of community supervision within 3 working days after the inmate’s completion of the basic training program.

(c) The inmate management plan team shall determine which inmates are suitable for community release based upon the inmate’s employment, residence, family circumstances, and probation or post-release supervision obligations while under community supervision, and submit the packet to the Bureau of Classification and Central Records, Reception and Youthful Offender Services. The inmate management plan team shall document the inmate transition plan on the database.

(d) The Bureau of Classification and Central Records Reception and Youthful Offender Services Office shall either approve the inmate management plan team’s recommendation, disapprove the recommendation, or refer the matter back to the inmate management plan team for additional information.

(e) If approved by the Bureau of Classification and Central Records, the sentence modification package will be sent to the community corrections intake office within the circuit of the sentencing court within 3 working days from the receipt of an e-mail or telephone call from the inmate management plan team that the inmate has successfully completed the basic training program.

(f) The sentence modification packet shall include the following:

1. A cover letter indicating that the inmate has completed the basic training program;

2. A completed Order Modifying Sentence and Placing Defendant on Probation, Form DC3-234, hereby incorporated by reference. A copy of this form is 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-02413. The effective date of this form is 6-13.

3. A completed Defendant’s Waiver of Rights in Modification of Sentence and Placement on Probation, Form DC3-235, incorporated by reference in Rule 33-601.226, F.A.C.;

4. A report describing the inmate’s performance, and

5. A recommendation for probation or community residential placement.

(g) The community corrections intake office shall submit the sentence modification packet to the court for approval or disapproval within 5 working days from receipt of the packet.

(h) The community corrections intake office shall ensure that Form DC3-234, Order Modifying Sentence and Placing Defendant on Probation, is received from the sentencing court and shall route the form to the Bureau of Sentence Structure and Transportation.

(i) The Bureau of Sentence Structure and Transportation shall notify the Release Services Unit and the Reception and Youthful Offender Services Section of the receipt of Form DC3-234, Order Modifying Sentencing and Placing Defendant on Probation.

(j) Upon receipt of the court’s written action, the Bureau of Classification and Central Records shall review the sentence modification order and clear the inmate for release to community supervision.

(k) If Form DC3-234, Order Modifying Sentence and Placing Defendant on Probation, is denied by the sentencing court, the institutional classification team at the institution housing the inmate shall initiate a transfer recommendation to the state classification office for transfer of the inmate to a youthful offender institution or community release facility if eligible. The institutional classification team shall notify the inmate of the court’s denial.

(l) If the sentence modification order for release of the inmate is not received within 21 days after the inmate completes the basic training program, the Reception and Youthful Offender Services Section shall notify by telephone the community corrections intake office which submitted the sentence modification packet to the court. The community corrections intake office staff shall contact the sentencing judge to determine the status of the request for sentence modification. Community Corrections Intake staff shall notify the Reception and Youthful Offender Services Section as to the status of the request for sentence modification. If the community corrections intake office staff member obtains the approved DC3-234, the staff member shall forward the DC3-234 to the Bureau of Sentence Structure and Transportation. The Bureau of Sentence Structure and Transportation shall make the necessary sentence structure adjustments and route the DC3-234 to the Release Services unit in the Bureau of Classification and Central Records. Release services staff shall review the sentence modification order and clear the inmate for release. If the sentencing court disapproves the sentencing modification, the Bureau of Sentence Structure and Transportation shall notify the institutional classification team at the institution housing the inmate and the steps in paragraph (5)(k) shall be followed.

(6) The basic training program consists of the following major components:

(a) Physical Training with Obstacle Course. This portion of the program consists of strenuous exercise designed to develop optimum physical conditioning of the inmate.

(b) Military Drill and Ceremony. This includes marching drills, compliance with a rigid code of dress and appearance, and the use of military courtesy in speech and actions.

(c) Work Assignments. This portion of the program consists of manual labor assignments which shall be of a productive nature whenever possible.

(d) Academic and Vocational Programming. Inmates will be required to participate in academic/vocational programming based on their assessed needs and program availability.

(e) Personal Development Counseling. This includes, but is not limited to, training in decision making and in the development of social adjustment skills.

(f) Pre-release Counseling. This portion of the program consists of instruction provided to inmates prior to release regarding adjustment to society outside the institution.

(g) Substance Abuse Program. This will include an individual assessment and counseling designed to provide instruction in understanding the addiction process and the use and abuse of drugs.

(h) General education development and adult basic education courses.

Rulemaking Authority 20.315, 944.09, 958.045 FS. Law Implemented 20.315, 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.006, Amended 3-13-01, Formerly 33-506.206, Amended 1-17-02, 10-3-02, 10-10-04, 6-18-13.

33-601.237 Basic Training Program – Inmate Privileges and Restrictions.

Inmates in the basic training program shall have privileges normally afforded the general inmate population modified as set forth below:

(1) Personal Property. No personal property is permitted in the program.

(2) Canteen Privileges. Inmates in the basic training program shall be allowed to purchase items from the inmate canteen once per week on a prearranged schedule. Inmate canteen purchases shall be limited to the following items:

(a) Toiletries (soap, shampoo, deodorant, Q-Tips, chap stick, shaving cream, skin care lotion, toothbrush, toothpaste, toothbrush holder, unwaxed dental floss, soap dish, nail clippers, baby powder);

(b) Health aids (headache and cold remedies, antacids, laxatives, eye wash, antifungal preparation, cough drops, nasal sprays);

(c) Writing materials (black pens, writing pads and envelopes); and

(d) Stamps.

(3) Visiting.

(a) Phase I – Inmates will not be allowed visitation privileges.

(b) Phase II – Inmates will be permitted one three-hour visit weekly. Inmates will be escorted to the visiting park, strip searched, and allowed to visit in a specified visiting area. Basic training program staff will supervise basic training program inmates in the visiting area. At the conclusion of the visiting period the inmate will again be strip searched and escorted back to their housing units.

(4) Telephone.

(a) Telephone calls are not permitted during Phase I of the basic training program, except as follows:

1. Verified family emergencies;

2. Calls to attorneys when there is a deadline and time constraints will not permit contact by mail.

(b) Telephone calls shall be permitted during Phase II of the basic training program as specified in Rule 33-602.205, F.A.C.

(5) Religious Practices.

(a) Every inmate will be afforded opportunities to participate in religious activities and programs that do not endanger the safe and secure operation of the institution.

(b) The institutional chaplain and the program director will assess requests on a case by case basis for religious observances or practices not routinely available in the Basic Training Program.

Rulemaking Authority 944.09, 958.045 FS. Law Implemented 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.007, Amended 3-13-01, Formerly 33-506.207, Amended 1-17-02, 10-10-04.

33-601.238 Basic Training Program – Appearance and Hygiene.

(1) Hair.

(a) Male basic training program inmates will receive a military style haircut upon arrival in the program. Inmates will subsequently receive haircuts every two weeks for the duration of the program.

(b) Female basic training program inmates will be provided hair bands or hair clips to secure hair longer than collar length. Unsecured hair must be above collar length. Hair must be away from the face and off the collar.

(2) Shaving. Male basic training program inmates shall be clean shaven. Inmates shall shave every day unless it is determined by the institutional physician that shaving would be detrimental to the inmate’s health.

(3) Showers. Basic training program inmates shall shower at least once daily.

(4) Clothing. Basic training program inmates will be issued the required clothing specified for the basic training program. Inmates shall not alter or mark any clothing items issued. No other items of clothing will be permitted.

Rulemaking Authority 944.09, 958.045 FS. Law Implemented 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.008, Amended 3-13-01, Formerly 33-506.208, Amended 1-17-02.

33-601.239 Basic Training Program – Dormitory Regulations.

(1) Basic training program inmates shall not enter the rooms of other inmates.

(2) Upon rising, inmates will make their beds in the military manner prescribed by staff and the beds will remain in this condition unless occupied.

(3) No food, beverages, or other items from the dining hall will be permitted in the dormitories.

(4) No talking is permitted during quiet time, study time or after lights out.

(5) Inmates shall not place any pictures, photographs, calendars, posters, or writings of any type on doors, walls, lockers, or on any other state equipment or property.

(6) Rooms and lockers shall be kept neat and orderly in the manner prescribed by basic training program staff.

(7) Cleanliness of common areas such as day rooms, hallways, and showers shall be the responsibility of all inmates assigned to that housing wing of the dormitory.

(8) When leaving the dormitory for any reason, inmates will be in the uniform of the day as specified by the program director.

(9) Inmates shall contact the dormitory officer or supervisor about any personal problems which might arise. If the problem cannot be resolved at this level, the inmate may submit his concerns in writing on Form DC6-236, Inmate Request, to the shift supervisor or program director, or continue with the official grievance process in accordance with Chapter 33-103, F.A.C. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

Rulemaking Authority 944.09, 958.045 FS. Law Implemented 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.009, 33-506.209, Amended 1-17-02.

33-601.240 Basic Training Program – Inmate Conduct.

(1) Basic training program inmates shall not talk to general population inmates, except as required for program participation.

(2) Basic training program inmates shall not swear or use profanity.

(3) Military courtesy and procedures as instructed by basic training program staff shall be utilized by inmates in all dealings with staff and visitors.

Rulemaking Authority 944.09, 958.045 FS. Law Implemented 944.09, 958.045 FS. History–New 2-26-89, Formerly 33-27.011, 33-506.210, 11-20-12.

33-601.241 Basic Training Program – Discipline.

(1) Alternative Training.

(a) Any staff member of the basic training program, with the approval of the supervisor, has the authority to implement any of the following alternative training measures to individual inmates or groups of inmates assigned to the basic training program:

1. Extra duty assignments.

2. Repetition of the obstacle course.

3. Room restrictions during free time hours.

4. Extra physical exercises.

5. Verbal counseling directed at changing the inmate’s inappropriate behavior.

(b) The staff member implementing the alternative training measure shall document such action on Form DC5-603, Alternative Training. Form DC5-603 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. The effective date of this form is 1-17-02.

(2) Review Team. The review team is authorized to impose any alternative training procedures as well as any of the following disciplinary measures:

(a) Make program modification recommendations to the IMPT for review and approval of the program director.

(b) Assignment of participation in motivational activities such as mandatory reading aloud of inmate rules and regulations before the other inmates in the basic training program or specially devised physical activities.

(c) Direct that a formal disciplinary report be prepared by the staff member who observed the infraction. This report shall then be forwarded to the assigned disciplinary team for consideration.

(d) Assign participation in specially devised physical activities.

(3) Disciplinary Team. The disciplinary team is authorized to impose any discipline, including alternative training, which does not exceed 30 days disciplinary confinement and loss of gain time as specified in Rules 33-601.301-.314, F.A.C. Upon completion of the disciplinary confinement period, inmates shall be returned to Phase I of the basic training program for completion or shall be terminated from the program.

Rulemaking Authority 944.09, 958.045 FS. Law Implemented 944.09, 958.045 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.012, Amended 3-13-01, Formerly 33-506.211, Amended 1-17-02, 10-10-04.

33-601.242 Removal from Basic Training Program.

(1) An inmate can be removed from the basic training program for health reasons, classification reassignment in accordance with Chapter 33-601, F.A.C., modification or expiration of sentence or when such removal is in the best interest of the inmate or the security of the institution.

(2) The classification officer shall recommend removal by docketing the inmate’s case for review by the ICT by using Form DC6-120, Institutional Classification Team Docket. Form DC6-120 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-13147. The effective date of this form is 05/21. The inmate will not be removed from the basic training program until the SCO has approved the inmate’s removal and transfer from the program. The decision and justification shall be noted on the offender-based information system.

(3) An inmate who has committed or threatened to commit violent acts will be terminated from the program and returned to an appropriate facility in order to complete the remainder of his or her sentence.

(4) In all cases, the sentencing court or other releasing authority shall be immediately notified of the inmate’s removal from the program by the ICT.

Rulemaking Authority 944.09, 958.045 FS. Law Implemented 944.09, 958.04, 958.045 FS. History–New 2-26-89, Amended 1-25-96, 10-23-97, Formerly 33-27.013, Amended 3-13-01, Formerly 33-506.212, Amended 1-17-02, 10-10-04, 5-25-21.

33-601.243 Basic Training Program – Employee Standards of Appearance, Conduct, and Fitness.

(1) Employees selected to participate in the basic training program are expected to maintain high personal standards in regard to appearance, physical conditioning and mental alertness. Since inmates assigned to the basic training program will tend to identify with staff as role models, their dress, demeanor, and behavior must be highly professional.

(2) No employee in the basic training program shall swear or use profanity.

(3) Staff shall not require an inmate to perform an extraordinary activity which may be injurious to this health or present a threat to the inmate’s personal safety. Employees shall remain alert to inmate behavior which may indicate the need for referral to counseling staff or medical staff.

(4) Correctional officers in the basic training program will be expected to pass a physical fitness test prior to assignment to a post in the basic training program and every quarter year thereafter in order to remain physically capable of performing the assigned duties. Correctional officers selected for the basic training program shall complete the 40 hour job specific youthful offender training before being assigned to work with youthful offenders.

(5) Correctional officer employees who cannot meet the minimum physical requirements of the basic training program will be given a 60-day period in which to improve their performance to the level indicated above. Failure to improve within 60 days shall result in the employee being reassigned out of the basic training program.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 2-26-89, Amended 1-25-96, Formerly 33-27.014, 33-506.213, Amended 1-17-02, 6-4-09.

33-601.250 Specialized Programs Institutions.

(1) Definitions.

(a) Incentivized Prison Program – refers to a voluntary prison program located at a Department institution or dorm for inmates who meet a strict admission criteria based on their demonstrated positive behavior while incarcerated. Enhanced opportunities will exist throughout an incentivized prison setting to provide inmates with resources and tools to build knowledge sets that will positively transform their lives and the lives of, and relationships with, their families and communities. The program will focus on quality of life and life skills improvements, education, recreation, leisure, wellness opportunities, and re-integration into the community.

(b) Institutional Classification Team (ICT) – refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at a facility, and for making other classification recommendations to the State Classification Office. At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job or program assignments, transfers, and custody recommendations or decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(c) Security Threat Group (STG) – refers to formal or informal ongoing inmate or offender groups, gangs, organizations, or associations consisting of three or more members who have:

1. A common name or common identifying signs, colors, or symbols;

2. Members or associates who individually or collectively engage in or have engaged in a pattern of gang activity, criminal activity, or Department rule violations; or

3. Potential to act in concert to pose a threat or potential threat to the public, staff, visitors, other inmates or offenders, or the secure and orderly operations of an institution, probation office, other Department property, or Department activity or function.

(d) State Classification Office (SCO) – refers to the office or office staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations, and approving program transfers.

(2) Inmates must meet the following criteria to be placed in an incentivized prison program:

(a) Must not have been assigned to Close Management within the last four years.

(b) Must not have been found guilty of a disciplinary report for any of the following behaviors within the past four years:

1-5 Sexual battery or attempted sexual battery;

1-6 Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor;

1-7 Aggravated battery or attempted aggravated battery on a correctional officer;

1-8 Aggravated battery or attempted aggravated battery on staff other than a correctional officer;

1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

1-10 Aggravated battery or attempted aggravated battery on an inmate;

1-11 Aggravated assault or attempted aggravated assault on a correctional officer;

1-12 Aggravated assault or attempted aggravated assault on staff other than a correctional officer;

1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

1-14 Aggravated assault or attempted aggravated assault on an inmate;

1-15 Battery or attempted battery on a correctional officer;

1-16 Battery or attempted battery on staff other than a correctional officer;

1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.);

1-18 Battery or attempted battery on an inmate;

1-19 Assault or attempted assault on a correctional officer;

1-20 Assault or attempted assault on staff other than a correctional officer;

1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

1-22 Assault or attempted assault on an inmate;

2-1 Participating in riots, strikes, mutinous acts, or disturbances;

2-2 Inciting or attempting to incite riots, strikes, mutinous acts, or disturbances – conveying any inflammatory, riotous, or mutinous communication by word of mouth, in writing or by sign, symbol, or gesture;

2-3 Creating, participating in, or inciting a minor disturbance;

2-4 Fighting;

3-1 Possession of or manufacture of weapons, ammunition, or explosives;

3-2 Possession of escape paraphernalia;

3-3 Possession of narcotics, unauthorized drugs and drug paraphernalia;

3-4 Trafficking in drugs or unauthorized beverages;

3-5 Manufacturing of drugs or unauthorized beverages;

3-6 Possession of unauthorized beverages;

3-7 Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.;

3-8 Possession of negotiables – unauthorized amounts of cash where cash is permitted, cash where cash is not permitted, other inmate’s canteen coupons, other inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards or any other negotiable item which is not authorized;

3-13 Introduction of any contraband;

3-14 Unauthorized possession or use of a cellular telephone or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance;

3-15 Possession of gang related paraphernalia or related material, gang symbols, logos, gang colors, drawings, hand signs, or gang related documents;

4-1 Escape or escape attempt;

7-6 Arson or attempted arson;

9-20 Extortion or attempted extortion;

9-22 Robbery or attempted robbery;

9-26 Refusing to submit to substance abuse test;

9-27 Use of unauthorized drugs – as evidenced by positive results from urinalysis test, or observable behavior;

9-31 Use of Alcohol – as evidenced by positive results from authorized tests, or by observable behavior;

9-33 Tampering with, defeating or depriving staff of any security device. Security devices include: locks; locking devices; electronic detection systems; personal body alarm transmitters and receivers; handheld radios; restraint devices such as handcuffs, waist chains, leg irons and handcuff covers; keys; video and audio monitoring and recording devices; security lighting; weapons; and any other device utilized to ensure the security of the institution;

9-34 Tampering with or defeating any fire or other safety device. Safety devices include: fire, smoke, and carbon dioxide detection devices; alarm systems; fire suppression systems and devices such as fire sprinklers, fire extinguishers, and dry chemical systems; safety and emergency lighting; exit lights; evacuation route and warning placards; self-contained breathing apparatuses; personal protective equipment; first aid kits; eye wash stations; and any other device utilized to ensure the safety of the institution, staff and inmates;

9-36 Gang related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation;

10-1 Failure to directly and promptly proceed to and return from designated area by approved method; or

10-9 Tampering with, damaging, losing, or destroying any electronic monitoring equipment.

(c) Must not have been found guilty of a disciplinary report for any behavior listed in Rule 33-601.314, F.A.C., that resulted in disciplinary confinement placement within the past 2 years.

(d) Are not otherwise a documented security or disciplinary risk preventing placement as determined by the SCO based on a review of available records.

(e) Are compatible with the institution’s mission and profile where the incentivized prison program is located.

(3) An inmate can voluntarily request placement in an incentivized prison program through his or her Classification Officer by submitting Form DC6-236, Inmate Request, or during his or her annual progress review. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(4) The selection of an inmate to participate in an incentivized prison program will be based on a number of factors, including the inmate’s disciplinary history, past transfers, length of incarceration, overall adjustment to the incarceration experience, STG affiliation or activity, and past program participation. The SCO will be responsible for the review and selection of inmates that will maintain a balanced population with regard to race, custody, sex offender status, gang membership, and other factors that impact the security of the institution or compromise the structure of the program.

(5) An inmate will be removed from an incentivized prison program for any of the following reasons:

(a) Being found guilty of any disciplinary report for any behavior listed in Rule 33-601.314, F.A.C., that results in disciplinary confinement placement.

(b) Being found guilty of any disciplinary report listed in paragraph (2)(b) of this rule regardless of the penalty.

(c) By requesting removal in writing on Form DC6-236, Inmate Request.

(d) If determined to be a documented threat to the safety, security, and orderly operation of an institution as evidenced by written investigative reports or electronic records documenting behavior not congruent with the institution’s mission and purpose. In such case, removal can be initiated by the Warden, Assistant Warden, Colonel, or ICT in conjunction with the SCO. Subsequent transfer locations will be determined by the SCO.

(6) In addition to the visitation schedule established in Rule 33-601.722, F.A.C., the visitation for inmates participating in an incentivized prison program will be modified to allow for two additional visitation days per week. Otherwise, all visitation rules and restrictions related to visitation approval or denial and related to visitor and inmate conduct will continue to be in effect. The Secretary, or his or her designee, will approve or disapprove any request for changes to visiting hours or days as submitted by the Warden of the facility.

(7) Inmates participating in an incentivized prison program will have access to the canteen in the morning and afternoon, and in the evening during the summer.

(8) An institution with an incentivized prison program will be permitted to structure its internal movements to meet daily program needs, including education, call outs, canteen, recreation, and other programs.

Rulemaking Authority 944.09 FS. Law Implemented 944.17, 944.1905, 944.801 FS. History–New 4-23-20.

33-601.260 Administrative Management Units.

(1) Definitions.

(a) Administrative Management Unit (AMU) – where used herein, refers to a general population housing status where an inmate is placed in a highly structured environment to promote the safety and security of inmates, staff, and the public, or the security and good order of an institution. Placement in an AMU is the consequence of an inmate’s inability to live within an institutionalized setting without abusing the rights and privileges of others by committing, or instigating others to commit, violent, disruptive, predatory, or riotous actions, or an inmate’s behavior that poses a threat to the security of an institution. The Secretary will designate the institutions where AMU inmates will be housed based on the needs of the Department.

(b) Institution – where used herein, refers to all state correctional institutions as defined in Section 944.02, F.S., and all private correctional facilities as defined in Section 944.710, F.S.

(c) Institutional Classification Team (ICT) – where used herein, refers to a team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or as designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution, and for making other classification recommendations to the State Classification Office.

(d) Institutional Classification Team Docket – where used herein, refers to the official record of an ICT hearing.

(e) Negative Transfer – where used herein, refers to an inmate transfer that is the result of the inmate’s negative behavior that has been documented and verified.

(f) Offender Based Information System (OBIS) – where used herein, refers to the Department’s computer-based offender database system that is utilized to organize and store security, classification, program, and other inmate and offender information.

(g) Review – where used herein, refers to the evaluation of all available relevant information concerning an inmate’s behavior to determine if he or she should be placed in an AMU, or whether any changes to the inmate’s placement status are required or recommended.

(h) Security Threat Group (STG) – where used herein, refers to a formal or informal ongoing inmate or offender group, gang, organization, or association consisting of three or more members who have:

1. A common name or common identifying signs, colors, or symbols;

2. Members or associates who individually or collectively engage in or have engaged in a pattern of gang activity, criminal activity, or Department rule violations; or

3. The potential to act in concert to pose a threat or potential threat to the public, staff, visitors, other inmates or offenders, or the secure and orderly operations of an institution, probation office, other Department property, or Department activity or function.

(i) State Classification Office (SCO) – the office or office staff at the central office level that is responsible for the review of inmate classification decisions, including the placement of an inmate into or the removal of an inmate from an AMU.

(2) Inmates assigned to an AMU are general population inmates and, unless otherwise restricted pursuant to this rule, have access to the same privileges and are subject to the same restrictions as other general population inmates.

(3) Any of the following acts by an inmate will result in the inmate being considered for placement in an AMU:

(a) A documented history of disciplinary action or institutional maladjustment reflecting an inmate’s inability to live in the general inmate population without disrupting the operation of the institution;

(b) Participation in a predatory or aggressive act against another person using force or intimidation;

(c) Two or more disciplinary reports for drug-related behavior as described in Rule 33-601.314, F.A.C.;

(d) Possession of negotiables, escape paraphernalia, or other items that present a threat to the safe and secure operation of an institution;

(e) Participation in a riot, strike, mutinous act, or disturbance;

(f) Release from close management followed by two or more negative transfers within a two-year period following release;

(g) Placement in disciplinary confinement for a cumulative total that is equal to or greater than 180 days during any 36-month period;

(h) Two or more negative transfers within a one-year period;

(i) Participation in any documented STG-related activity that causes disruption in the operation of an institution;

(j) Documented leadership of an STG and participation in any documented STG-related activity.

(4) Procedures for Placement in an AMU.

(a) When an inmate demonstrates an inability to live within an institutionalized setting without abusing the rights and privileges of others by committing, or instigating others to commit violent, disruptive, predatory, or riotous actions, or behaves in a way that poses a serious threat to the security of an institution, the inmate will be placed in administrative confinement pending a review for possible placement in an AMU.

(b) When an inmate housed in a confinement unit demonstrates an inability to live within an institutionalized setting without abusing the rights and privileges of others by committing, or instigating others to commit violent, disruptive, predatory, or riotous actions, or behaves in a way that poses a serious threat to the security of an institution, the inmate will remain housed in his or her current confinement unit pending a review for possible placement in an AMU.

(c) Prior to a review for placement in an AMU, the classification officer at the institution housing the inmate must complete Section I of Form DC6-233D, Report of Administrative Management Unit (AMU). Form DC6-233D is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, FL 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-12125. The effective date of the form is 09/20. Upon completion of Section I, the classification officer will forward Form DC6-233D to his or her classification supervisor. The classification officer will ensure that the inmate receives a copy of Form DC6-233D to allow the inmate to prepare for the AMU review. The staff member delivering the copy of Form DC6-233D to the inmate must document on the form that the inmate was informed of the allotted time to prepare for the AMU review. The inmate will have a minimum of 48 hours to prepare for the AMU review unless the time is waived by the inmate by completing an Administrative Management Waiver, Form DC6-265D. Form DC6-265D is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, FL 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-12126. The effective date of the form is 09/20.

(d) Upon receiving the completed Form DC6-233D, the classification supervisor will submit the case for placement on the ICT docket.

(e) The ICT will evaluate the recommendation for AMU placement, interview the inmate being reviewed, and consider all information provided by the inmate. The inmate may present information verbally or in writing for consideration by the ICT. The ICT must ensure that the inmate was given a minimum of 48 hours to prepare for the review unless waived by the inmate. The ICT must document on Form DC6-233D that the inmate was allowed 48 hours to prepare for the review or that the time was waived by the inmate completing Form DC6-265D. The ICT must inquire whether the inmate needs staff assistance during the review. A staff member will be assigned to assist an inmate when the team determines that the inmate is illiterate, does not understand English, has a disability that would likely hinder the inmate’s ability to properly represent himself or herself, or when the complexity of the issues makes it unlikely that the inmate will be able to properly represent himself or herself. Assistance can also be provided at the inmate’s request. In the event a staff member is assigned to assist the inmate, it is the responsibility of the staff member to explain the recommendation for AMU placement and the review process to the inmate. Even though the staff member will be authorized to assist an inmate during the review and aid the inmate in presenting his or her position, the staff assistant must not take the position of an advocate or defense attorney for the inmate. The ICT is authorized to postpone the review to allow an inmate additional time to prepare. If the review is postponed, the team must document the postponement on Form DC6-233D. The inmate may appear at the AMU review unless disruptive behavior is exhibited by the inmate before or during the review that impedes the process, or the inmate waives the right to be present at the review. If the inmate waives his or her right to be present at the review, Form DC6-265D must be completed. If the inmate is precluded from attending the review, is removed from the review, or waives his or her right to appear at the review, the review will be conducted without the inmate present. The presence, removal, or absence of the inmate will be documented on Form DC6-233D. After the interview and review of all relevant information, the ICT will make an AMU placement recommendation and provide it to the SCO. This recommendation will be documented on Form DC6-233D. The ICT will inform the inmate of the basis for its decision and provide a copy of its decision to the inmate after the conclusion of its review. The ICT classification member will ensure that the results of the ICT review are entered in OBIS.

(f) The SCO will consider the recommendations of the ICT and all information reviewed by the ICT before making a final decision regarding the inmate’s placement in an AMU. As part of its review, the SCO may interview the inmate or rely on the documentation available in OBIS. The SCO may request that the ICT obtain and submit additional information before reaching a final decision. At the conclusion of its review, the SCO will approve or disapprove the ICT’s recommendation. The SCO’s final decision will be rendered in a reasonable time, not to exceed 45 days, barring any delays created by pending investigations or exigent circumstances impacting the SCO’s ability to render a final decision. If the ICT’s recommendation is disapproved, the inmate will be informed of the decision in writing by the SCO. Inmate notification will not be required when the SCO approves the ICT’s recommendation. After its review is complete, the SCO will document its final decision in OBIS.

(5) Transfer of Inmates to an AMU.

(a) If an inmate is being reviewed for placement in an AMU, the inmate will remain in administrative confinement or in his or her current confinement status pending the final decision of the SCO. If the inmate’s disciplinary confinement status expires before a final decision is made, the inmate will be placed in administrative confinement until a final decision is made by the SCO.

(b) If the ICT’s AMU placement recommendation is approved, the SCO will notify population management to initiate the transfer of the inmate to an appropriate AMU.

(c) If the ICT’s AMU placement recommendation is disapproved, the SCO will determine whether the inmate should be transferred for other management reasons. The SCO will document its decision in OBIS. If a transfer is approved, the SCO will notify population management to initiate the transfer of the inmate to an appropriate institution.

(6) Transfer of Inmates While in an AMU.

(a) Special reviews conducted pursuant to Rule 33-601.211, F.A.C., involving inmates housed in an AMU will be resolved within the AMU. Unless exceptional circumstances exist, inmates will not be transferred from an AMU due to a special review.

(b) A recommendation by the ICT to transfer an inmate in an AMU to close management will be conducted pursuant to Rule 33-601.800, F.A.C. If the ICT’s placement recommendation is approved, the SCO will document its decision in OBIS and notify population management to initiate the transfer of the inmate to an appropriate close management unit. If the ICT’s placement recommendation is disapproved, the SCO will provide written notification to the ICT of its decision to not transfer the inmate.

(c) If an inmate is transferred to a close management unit from an AMU, the inmate will be reviewed for return to an AMU upon release from close management status.

(7) Privilege Restrictions While Housed in an AMU.

(a) Visitation – Unless otherwise restricted pursuant to Rule 33-601.731, F.A.C., an inmate housed in an AMU is eligible to receive one three-hour personal visit once each weekend on the days and during the hours set forth in Rule 33-601.722, F.A.C. Unless otherwise restricted pursuant to Rule 33-601.731, F.A.C., inmates housed in an AMU are also eligible to receive one three-hour personal visit on the visitation holidays identified in Rule 33-601.722, F.A.C. Visiting will be restricted by the warden or his or her designee when it is determined that a threat to institutional security would be created by allowing visitation due to limitations associated with the visiting area or visitation supervision. Attorney visits will be permitted in accordance with Rule 33-601.711, F.A.C., and will not be restricted except when it is determined that the visit would be a threat to the safety or security of the institution.

(b) Canteen – An inmate housed in an AMU will be permitted to make canteen purchases in an amount up to $50 once each week provided the inmate has no major rule violations as defined in Rule 33-601.800, F.A.C., during that period and unless otherwise restricted by disciplinary action.

(8) Review of Inmates Housed in AMU.

(a) A classification officer will review the placement of each inmate housed in an AMU no less than annually. For this review, the classification officer will interview the inmate and prepare a formal assessment and evaluation on Form DC6-233D. The assessment must include a brief paragraph detailing the original basis for the inmate’s AMU status, the inmate’s behavior and activities during the review period, and whether the inmate should be removed from or remain housed in the AMU. The classification officer must document any disciplinary reports, and the inmate’s institutional adjustment, program participation, and job performance. The case will be forwarded to the classification supervisor who will submit the case for placement on the ICT docket.

(b) The purpose of the ICT review is to determine whether the inmate should remain housed in the AMU due to safety and security concerns. The ICT will evaluate the DC6-233D prepared by the classification officer, as well as any other relevant information relating to staff and inmate safety and institutional security. The inmate may appear at the review unless disruptive behavior is exhibited by the inmate before or during the review that impedes the process, or the inmate waives the right to be present at the review by completing Form DC6-265D. The presence, absence, or removal of the inmate will be documented on Form DC6-233D. For this review, the ICT will consist of the warden or assistant warden, classification supervisor, and chief of security only. For an inmate to remain in an AMU, the ICT must state those safety and security issues or circumstances that can only be met by the inmate’s continued placement in the AMU. The recommendation of the ICT will be documented on Form DC6-233D, recorded in OBIS, and forwarded to the SCO.

(c) The SCO will review the ICT’s recommendation and all relevant information provided by the ICT concerning the inmate’s AMU status. If the SCO determines that no safety or security concerns exist that justify the inmate’s continued placement in an AMU, the inmate will be transferred out of the AMU. In such case, the SCO will notify population management to initiate the transfer of the inmate out of the AMU. For an inmate to remain in an AMU, the SCO must determine that based on all available relevant information, there are safety or security concerns that warrant maintaining the inmate in the AMU. The SCO’s decision must be documented on Form DC6-233D and recorded in OBIS. The SCO will advise the inmate of its decision.

Rulemaking Authority 944.09 FS. Law Implemented 944.17, 944.1905, 944.801 FS. History–New 9-6-20.

33-601.301 Inmate Discipline – General Policy.

(1) Inmate behavior that is not in compliance with department rules shall be corrected through the disciplinary process, which includes informal disciplinary intervention.

(2) Informal disciplinary intervention consists of group and individual counseling in lieu of formal disciplinary action. These corrective techniques are employed when deviations from rules occur due to lack of understanding or as the result of carelessness or faulty habits, and are designed to eliminate future disciplinary violations and to develop acceptable standards of behavior.

(3) The goals and purposes of discipline and informal disciplinary intervention, the terms used, as well as the procedures outlined in this rule will be incorporated into the staff training program. A copy of Rules 33-601.301-.314, F.A.C., and all revisions thereto will be made available to all employees.

(4) Every inmate shall have access to Rules 33-601.301-314, F.A.C. Inmates in open population shall have access to these rules from the inmate library, law library, or any other area accessible to inmates as deemed appropriate by the warden. Inmates who are not in open population shall have access to these rules through their housing officer in the confinement unit. Inmates in institutions or facilities without libraries shall have access to these rules from the classification office, the security shift supervisor’s office, or any other area accessible to inmates as deemed appropriate by the warden. Inmates shall be notified of any change by posting and circulation. These rules shall be translated into any language native to 5 percent or more of the statewide inmate population. These translations shall be made available to inmates. When a literacy or language problem prevents an inmate from understanding the rules, a staff member or translator shall assist the inmate in understanding the rules.

(5) The provisions of Rules 33-601.301-.314, F.A.C., shall be applicable to correctional facilities and programs operated by the department and to correctional facilities operated by private vendors under contract with the department.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 3-12-84, Formerly 33-22.01, Amended 12-30-86, 10-1-95, Formerly 33-22.001, Amended 2-12-15.

33-601.302 Inmate Discipline – Terminology and Definitions.

The following terms, as defined, shall be standard usage throughout the Department:

(1) Classification Officer – As used herein, refers to any classification officer position, including senior classification officer and classification supervisor.

(2) Contact Card – Refers to Form DC6-256, a written log used to document behavior of an inmate, other than an inmate in administrative confinement, disciplinary confinement or close management. Correctional officers maintain this card in the inmate’s assigned dormitory. Form DC6-256 is incorporated by reference in paragraph 33-601.313(1)(c), F.A.C.

(3) Corrective Consultation – A written reprimand for a violation of rules of such a minor nature that no disciplinary report is necessary.

(4) Department Head – The staff person in charge of a work unit at a correctional facility.

(5) Designating Authority – The classification supervisor responsible for the review of disciplinary reports prior to hearing to determine if the disciplinary report is in accordance with due process requirements and Rules 33-601.301-.314, F.A.C., and whether it shall be designated as minor or major as defined by subsections 33-601.302(11) and (12), F.A.C.

(6) Disciplinary Hearing – The procedure used to provide administrative due process requirements for inmates charged with violating the rules of the Department.

(7) Disciplinary Report – A formal method of charging an inmate with a rule violation. The disciplinary report is an Offender Based Information System (OBIS) computer screen entry into the Automated Discipline and Integrated Offender System (ADIOS).

(8) Disciplinary Team – A team made up of at least two staff persons, one of whom shall be a classification officer, senior classification officer or classification supervisor, who serves as team chair at the direction of the warden, and a correctional officer lieutenant or above, who will be responsible for hearing disciplinary reports. The correctional officer chief shall designate a correctional officer sergeant as a substitute team member only if neither a lieutenant nor captain is available and only when such substitution is absolutely necessary.

(9) Hearing Officer – An employee who will be responsible for hearing disciplinary reports designated as minor.

(10) Investigator – The staff member assigned to investigate infractions, conduct interviews and collect evidence relating to the disciplinary infraction.

(11) Major Violation – Any rule violation where the maximum penalty is 30 DC and 30 GT or greater, or where the maximum penalty is less than 30 DC and 30 GT and the designating authority has determined that based upon one or more of the criteria listed in subsection 33-601.302(12), F.A.C., it is assigned to the disciplinary team as a major disciplinary report.

(12) Minor Violation – Any rule violation for which the maximum penalty that could be imposed is less than 30 days disciplinary confinement or 30 days loss of gain time shall be considered for assignment to the hearing officer as a minor disciplinary report based on:

(a) The nature and circumstances of the offense;

(b) The inmate’s disciplinary history;

(c) The period of time that has elapsed since the inmate’s last disciplinary report.

(13) Rehearing – A process to reconsider the disciplinary report due to discovery of an error at any time after a finding of guilt.

(14) Staff Assistant – An employee, appointed by the warden, whose name is placed on a list maintained by the disciplinary team and who is assigned by the team to assist the inmate. A staff assistant is not to take the position of an advocate or defense attorney. A staff assistant is assigned to an inmate under the following circumstances:

(a) To explain the charges or disciplinary procedures to the inmate,

(b) To assist the inmate when the disciplinary team determines that the inmate is illiterate or does not understand English,

(c) When the inmate has a disability that would hinder his or her ability to represent himself or herself,

(d) When the complexity of the issue makes it unlikely that the inmate will be able to properly represent himself.

(15) Shift Supervisor – The correctional officer in charge of security on any work shift.

(16) Witness – Any person having information relevant to facts in dispute of the case.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-12-84, Formerly 33-22.02, Amended 12-30-86, 10-1-95, Formerly 33-22.002, Amended 5-21-00, 2-11-01, 9-16-04, 7-25-06, 1-28-07.

33-601.303 Reporting Disciplinary Infractions.

(1) When any employee or person supervising inmates witnesses an act or has reason to believe that an act has been committed by an inmate which is in violation of the rules or procedures of the Department and that employee determines that the infraction can be properly disposed of without a formal disciplinary report, the employee shall take the necessary action to resolve the matter. The employee may decide to reprimand the inmate verbally or in writing through use of Form DC6-117, Corrective Consultation of Inmate.

(a) A verbal reprimand is any employee’s verbal counseling to the inmate designed to motivate the inmate to comply with, or to clarify the rules of prohibited conduct, departmental rules or procedures or institutional regulations. Verbal reprimands will be documented on the inmate’s contact card, Form DC6-256. Form DC6-256 is incorporated by reference in paragraph 33-601.313(1)(c), F.A.C.

(b) If the employee decides to reprimand the inmate in writing, the employee shall issue the inmate a Corrective Consultation, Form DC6-117. Form DC6-117 is incorporated in Rule 33-601.313, F.A.C. A copy of the corrective consultation will be provided to the inmate within twenty-four hours of the writing of the corrective consultation and a copy will be placed in the inmate’s institutional file.

(2) If the employee cannot resolve the matter through a verbal reprimand or corrective consultation, the employee shall consult with and obtain approval from his or her supervisor regarding preparation of a formal disciplinary report, unless the employee is at the department head level or correctional officer lieutenant level or above.

(3) When it appears that laws of the state have been violated, the Office of the Inspector General shall be notified, who will in turn contact the State Attorney when deemed appropriate. If the State Attorney decides to prosecute, his office shall be consulted as to the suitability of disciplinary action being taken by the institution prior to the prosecution being concluded.

(a) If the State Attorney has no objections, formal disciplinary action shall proceed.

(b) If the State Attorney objects to disciplinary action prior to prosecution, the file shall be flagged so that the investigation and disciplinary process can be completed once the criminal prosecution has been resolved.

(c) Failure to notify the state attorney prior to taking disciplinary action is not grounds for dismissal of the disciplinary report.

(4) The commission of acts that should normally result in consideration for formal disciplinary action shall not be subject to such action when these acts are directly associated with an inmate’s intentional self injurious behavior.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 945.04 FS. History–New 3-12-84, Formerly 33-22.04, Amended 12-30-86, 10-1-95, Formerly 33-22.004, Amended 5-21-00, 2-11-01, 9-22-09.

33-601.304 Preparation of Disciplinary Reports.

(1) Only one violation shall be included in each disciplinary report. Separate disciplinary reports shall be used for multiple offenses.

(2) The statement of facts shall include:

(a) A description of the violation, including date, time and place;

(b) The specific rules violated;

(c) A formal statement of the charge;

(d) Any unusual inmate behavior;

(e) Any physical evidence and its disposition;

(f) Any immediate action taken; and

(g) Any other specific facts necessary for an understanding of the charge.

(3) The completed disciplinary report shall be turned in to the shift supervisor.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 3-12-84, Formerly 33-22.05, Amended 12-30-86, 10-1-95, Formerly 33-22.005, Amended 5-21-00, 2-11-01, 3-22-05.

33-601.305 Inmate Discipline – Investigations.

The investigating officer shall initiate the investigation of the infraction within 24 hours of the writing of the disciplinary report. The investigating officer is responsible for the following:

(1) Interviewing the charging staff member.

(2) Interviewing the charged inmate. When interviewing the charged inmate the investigator is responsible for the following:

(a) Delivering the charge to the inmate by reading the charge and statement of facts to the inmate.

(b) Ensuring that the inmate has been provided a written copy of the charges.

(c) Appointing a staff assistant if necessary.

(d) Obtaining the inmate’s version of the infraction.

(e) Asking the inmate if there are any witnesses or evidence to offer in the inmate’s behalf.

(f) Completing and obtaining the inmate’s signature on Form DC6-112B, Witness Disposition, and Form DC6-151, Documentary or Physical Evidence Disposition. Form DC6-112B and Form DC6-151 are incorporated by reference in Rule 33-601.313, F.A.C.

(g) Completing Form DC6-2028, Disposition of Videotape/Audiotape Evidence, when necessary. Form DC6-2028 is incorporated by reference in Rule 33-601.313, F.A.C.

(3) Interviewing additional persons who may have information pertaining to the infraction, including those who are listed in the statement of facts. If the inmate requests a large group of inmates as witnesses (e.g. an entire dorm), the investigating officer will interview a random sample of the requested witnesses and document such on the comments section of Form DC6-112B, Witness Disposition.

(4) Reviewing documentary or physical evidence referenced by the charging staff person or identified by the charged inmate on Form DC6-151, Documentary or Physical Evidence Disposition. When the evidence is a videotape or audiotape identified by the inmate, the inmate must also include a written statement on Form DC6-151 describing what he expects the tape to show. Failure to complete and sign Section II on Form DC6-151 will result in a waiver of the opportunity to have documentary or physical evidence presented at hearing. The investigator shall determine whether, based upon review of the tape itself or the capabilities of the particular taping equipment, the tape described by the inmate does or does not provide evidence to support the inmate’s statement. If the investigator determines that the tape provides evidence to support the inmate’s statement, he shall prepare a summary for the investigative report. If the investigator determines that the tape does not provide evidence to support the inmate’s statement, the inmate will be provided with the following written statement in the basis of findings section of the disciplinary report: “Based upon review of the identified tape or the capabilities of the particular taping equipment, the tape requested does not provide evidence to support the inmate’s statement.” The investigator shall provide on Form DC6-2028, Disposition of Videotape/Audiotape Evidence, a detailed description of why the tape did not provide evidence to support the inmate’s statement. In the interest of institutional security, this form shall not be provided to the inmate, but shall be retained with the other disciplinary report documentation.

(5) Recording the results of the investigation on Form DC6-112A, Disciplinary Investigative Report. Form DC6-112A is incorporated by reference in Rule 33-601.313, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 10-1-95, Formerly 33-22.0055, Amended 5-21-00, 2-11-01, 3-22-05, 7-10-06, 7-11-11.

33-601.3055 Inmate Discipline – Use of Confidential Informants During Investigation.

The investigator shall interview the informant and obtain a statement of the incident in question. This information shall be recorded by the investigator in the disciplinary investigative report. The investigator shall also document whether the informant has direct or indirect knowledge of the case, whether the informant has provided information in the past, and whether the information has been reliable, unreliable, or both. If the informant has allegedly provided confidential information in the past, the investigator will document to whom and confirm with the staff member in the disciplinary investigative report. The investigator will document only the informant’s social security number for identification purposes on the witness disposition form after the charged inmate reviews and signs the form.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 2-11-01.

33-601.306 Disciplinary Team and Hearing Officer.

(1) A person shall not serve as the hearing officer or as a member of the disciplinary team, or participate in the deliberations when they are:

(a) A witness or the person who wrote the charge;

(b) The investigating officer;

(c) The person charged with review of the results of the disciplinary hearing;

(2) The hearing officer shall hear all disciplinary reports designated as minor. At any time before the inmate enters a plea, the inmate may request that the case be referred to the disciplinary team.

(3) The disciplinary team shall hear all disciplinary reports designated as major or when requested by the inmate as in subsection (2), above.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History–New 10-1-95, Formerly 33-22.0056.

33-601.307 Disciplinary Hearings.

(1)(a) No hearing shall commence prior to 24 hours following the delivery of the charges except when the inmate’s release date does not allow time for such notice or the inmate waives the 24 hour period. In such cases, an explanation shall be provided in the basis of findings section of the disciplinary report. The inmate may waive the 24-hour waiting period. In such cases, a waiver must be signed by the inmate, witnessed by an employee, and copies attached to each copy of the disciplinary report. Form DC6-112D, 24 Hour/Refusal to Appear Waiver Form, shall be used for this purpose. The disciplinary team or hearing officer shall provide an explanation in the basis of findings section whenever the waiver process is utilized. Form DC6-112D is incorporated by reference in Rule 33-601.313, F.A.C.

(b) The inmate charged shall be present at the disciplinary hearing unless a confirmed medical condition makes the inmate unable to attend, the inmate demonstrates disruptive behavior, either before or during the hearing, that impedes the process or poses a threat to the safety of others or the security of the institution, or the inmate has waived his right to be present. If the inmate waives the right to be present or refuses to be present, Form DC6-112D, 24 Hour/Refusal to Appear Waiver Form, shall be signed by the inmate and witnessed by an employee. If the inmate refuses to sign the form, this shall be noted and signed by the employee. When an inmate waives the right to be present at the hearing, the inmate may not submit a written closing statement to the disciplinary team or hearing officer in place of the oral closing statement permitted in paragraph (1)(g). If the inmate’s disruptive conduct makes it necessary to remove the inmate from the hearing, the hearing shall be conducted in the inmate’s absence. The reason for the inmate’s absence shall be explained in the basis of decision section of the disciplinary report.

(c) The hearing officer or disciplinary team member shall read the charge, ask the inmate if the charge is understood, and explain the range of penalties that could be imposed if there is a finding of guilt.

(d) The inmate shall be asked whether staff assistance is required or desired for the hearing. If in the opinion of the hearing officer or disciplinary team the inmate needs staff assistance, such assistance shall be assigned.

(e) In the case of minor violations the hearing officer shall explain to the inmate that he may request that the case be referred to the disciplinary team.

(f) The hearing officer or disciplinary team shall read the statement of facts to the inmate and the inmate shall be asked to plea.

(g) If the inmate pleads “guilty,” no further evidence needs to be heard. If the inmate pleads “not guilty,” evidence is to be presented, including witness statement forms obtained from witnesses. If evidence is not revealed to the inmate, the reason(s) shall be documented in the comment section of Form DC6-112B, Witness Disposition Form, the comment section of Form DC6-151, Documentary or Physical Evidence Disposition or the comment section of Form DC6-2028, Disposition of Videotape/Audiotape Evidence, depending on the nature of the evidence, and in the witness comments section in the Department’s automated database. Forms DC6-112B, DC6-151, and DC6-2028 are incorporated by reference in Rule 33-601.313, F.A.C. The inmate may make only an oral closing statement concerning the infraction for consideration by the hearing officer or disciplinary team. In the event the inmate refuses to enter a plea, it shall be treated as a “not guilty” plea insofar as hearing procedures are concerned. A “no contest” plea shall be handled as a guilty plea.

(h) The hearing officer or disciplinary team shall ensure the following in accordance with Rule 33-601.308, F.A.C.:

1. That a decision of guilt or innocence is made only on the official charge listed on the disciplinary report;

2. That the disciplinary action is proportionate to the infraction;

The hearing officer or the disciplinary team may utilize available resource personnel such as health services staff, work supervisors, or other personnel in a consultative capacity. When consultations occur as part of the hearing process it shall be documented in the basis of findings section of the Disciplinary Report.

(2) The hearing officer or chairman of the disciplinary team has the authority to require the following actions:

(a) That other supporting documents be presented;

(b) That the employee filing the charge personally appear at the hearing;

(c) That the investigating officer appear at the hearing;

(d) That any witness(es) appear at the hearing;

(e) That any other individuals appear at the hearing to clarify information or facts related to the disciplinary report; and

(f) That further investigation be conducted, or evidence presented, or statements presented of unavailable witnesses.

(3) The inmate may request that witnesses appear at the hearing, but inmate witnesses shall not be routinely called before the disciplinary team or hearing officer to provide live testimony for the following reasons:

(a) Multiple hearings are routinely scheduled at one time and the presence of witnesses during these hearings presents a potential security risk for the facility and the safety of staff and inmates as well as a diversion of additional security staff from assigned posts.

(b) The routine presence of inmate witnesses during hearings would cause a disruption in the orderly operation of the facility, as it removes inmates from routine work assignments and programs.

(c) The testimony of witnesses requested by the charged inmate shall be presented at the hearing through Form DC6-112C, Witness Statement Form, unless the inmate:

1. Has completed and signed the witness request form during the investigation;

2. Makes a request at the hearing for a witness to appear to provide live testimony; and

3. The disciplinary team or hearing officer determines that the reason provided by the charged inmate for requesting live testimony overcomes the burden on institutional staff caused by the retrieval and escort of live witnesses as well as the diversion of security staff from assigned posts due to the potential security risk that may result from the appearance of live inmate witnesses and the disruption to the assignments and activities of inmate witnesses. Form DC6-112C is incorporated by reference in Rule 33-601.313, F.A.C.

(d) Failure to sign and complete Form DC6-112B, Witness Disposition Form, during the investigation constitutes waiver of the opportunity to call witnesses either live or by written statement. Form DC6-112B must be used for listing witnesses. Listing witness names on any other document, including Form DC6-112C, Witness Statement, will not result in their being considered.

(e) Additional witnesses. A request for an additional witness who was not listed on the witness request form will be granted if the inmate makes the request at hearing for the additional witness, the expected testimony proffered by the charged inmate indicates that the testimony is material, relevant, and non-repetitive and the inmate presents extraordinary circumstances which prevented him from naming the witness during the investigation. The testimony of the additional witness shall be presented by written statement unless the procedure of paragraph 33-601.307(3)(c), F.A.C., is followed.

(f) In no case shall a witness be called live or by written statement if his testimony would be irrelevant, immaterial or repetitive.

(g) Witnesses shall not be called or certain information disclosed if doing so would create a risk of reprisal, undermine authority or otherwise present a threat to the security or order of the institution. The inmate witnesses must be willing to testify by means of an oral or written statement provided to the investigating officer, hearing officer, or the disciplinary team.

(h) If the disciplinary team or hearing officer utilizes confidential informant information during the hearing, the disciplinary team or hearing officer shall determine whether the informant has direct or indirect knowledge of the events in question. The disciplinary team or hearing officer shall consider the informant’s reliability by analyzing the informant’s past record for providing accurate or inaccurate information. The disciplinary team or hearing officer shall not accept assurance alone from an officer as to the authenticity of the informant’s information. Hearsay and second-hand knowledge not corroborated by other evidence shall not be used to support a finding of guilt. Unless supported by other evidence, information provided by a single informant shall not be used to support a finding of guilt unless the information is especially compelling. The disciplinary team or hearing officer shall document the information used to determine guilt and the reliability of the information in the basis of decision section of Form DC6-112E, Disciplinary Hearing Worksheet. Form DC6-112E is incorporated by reference in Rule 33-601.313, F.A.C. If disclosure of the information would endanger the informant or adversely affect institutional security and order, the disciplinary team or hearing officer shall document the information and the reasons for not revealing it to the inmate in the comment section of Form DC6-112B, Witness Disposition Form.

(i) If a witness is requested by the disciplinary team or hearing officer to appear at the hearing and is unavailable the witness statement form shall be accepted as testimony. Signed witness statements used as testimony shall be read to the charged inmate at the hearing except as provided in paragraphs (a) and (c) above. Where a witness statement is not read or the inmate witness does not appear at the hearing as requested, the reason shall be recorded on Form DC6-112B, Witness Disposition Form.

(j) The charged inmate shall not be permitted to question or cross examine witnesses during the hearing.

(k) The only persons present during disciplinary team deliberations shall be the disciplinary team, employees being trained, and others whom the warden, the chief of security, or the classification supervisor have previously authorized to be present after having determined that these persons will not disrupt the hearing and will benefit by observing the proceedings.

(4) The original charge cannot be reduced by the disciplinary team to what might be termed a “lesser included offense.” Up to the point of the disciplinary team or hearing officer announcing their decision to the inmate, the hearing may be postponed.

(a) The entire disciplinary report may be returned for further review, investigation or correction.

(b) If further review suggests a different charge should have been indicated or that additions, deletions or changes should be made in the statement of facts (change section narrative) then the originator shall rewrite the disciplinary report, a copy of the new or corrected disciplinary report shall be delivered to the inmate, a new investigation shall be prepared and the disciplinary report shall be scheduled for a hearing. The original report shall not be processed. Notation of this occurrence shall be incorporated in the findings of the disciplinary team or hearing officer with an indication of the reason that the disciplinary report was rewritten and delayed.

(c) The inmate shall be informed of the final decision by the hearing officer or disciplinary team and the basis for that decision.

(d) The hearing officer’s electronic signature and name or the electronic signature and names of all members of the disciplinary team shall be typed or printed on the Disciplinary Report.

(5)(a) The warden, or designee, of an institution or facility shall determine how an inmate’s personal property is to be managed when that inmate has to appear at a disciplinary hearing by evaluating the following factors:

1. Maintenance of proper accountability of inmate property;

2. The likelihood of disruptive and belligerent behavior on the part of the inmate in the event that the inmate is found guilty at the disciplinary hearing; and

3. The physical layout of the institution.

(b) The warden, or designee, is authorized to require an inmate to bring all of the inmate’s personal property to the disciplinary hearing if it is determined that this is necessary after evaluating the factors set out above.

(6) Notwithstanding any other rule to the contrary, when an inmate escapes or is otherwise absent from Department custody, the Department may conduct a disciplinary hearing in the inmate’s absence at the institution in which the inmate was last confined. Any gain time forfeiture imposed in accordance with this section shall be immediately effective to modify the inmate’s release date. When the inmate returns to custody the Warden shall have the charges reheard before a disciplinary team within 60 days after the inmate’s arrival at a permanent institution. The disciplinary team shall ensure that the inmate has all rights required for a hearing as set forth in this rule.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 3-12-84, Formerly 33-22.06, Amended 12-30-86, 10-1-95, 12-10-97, 5-19-98, Formerly 33-22.006, Amended 5-21-00, 2-11-01, 3-22-05, 10-12-05, 7-17-07, 12-3-14.

33-601.308 Disciplinary Team, Hearing Officer Findings and Action.

(1) The disciplinary team or hearing officer’s findings shall enumerate the specific facts derived from the disciplinary report, the disciplinary investigative report or the witness statements and what specific evidence was used in the disciplinary team’s or hearing officer’s conclusion.

(2) The disciplinary team or hearing officer shall make one of the following findings:

(a) Dismiss the charge. If the charge is dismissed the disciplinary report shall not be posted or placed in the inmate file. The dismissal of a disciplinary report may occur due to procedural errors, technical errors or duplication of charges. A dismissal is without prejudice and may be rewritten and reprocessed.

(b) Find the inmate not guilty. If the inmate is found not guilty the disciplinary report shall not be posted or placed in the inmate file. The inmate shall be found not guilty when the facts do not support the charge.

(c) Find the inmate guilty.

(3) If the inmate has been held in administrative confinement pending the disciplinary hearing and the decision is not to impose disciplinary confinement as part of the disciplinary action, the disciplinary team or hearing officer shall notify the confinement supervisor who shall coordinate the release of the inmate from administrative confinement. If the confinement supervisor discovers other pending issues or actions, the institutional classification team will be required to immediately review the case.

(4) If the inmate is found guilty, the disciplinary team shall impose any one or a combination of the sanctions set forth below, and the hearing officer shall impose any one or a combination of the sanctions set forth in paragraphs (a) through (j) below:

(a) Reprimand the inmate;

(b) Impose a penalty and then suspend all or any portion of the penalty and place the inmate on a specific term of probation. The maximum probationary period shall not exceed the maximum term of disciplinary confinement possible for the violation. Probation can only be violated by a guilty finding for a new infraction, including infractions based on non-compliance with the conditions of probation set forth in the original disciplinary report, committed during the term of the probation. Successful completion of the period of probation shall not result in the disciplinary report being expunged;

(c) Suspend any or all routine mail, in person visitation, kiosk, tablet, eCommunication, or video visitation privileges for a period not to exceed 180 days. This alternative is available only when the infraction cited is a violation of offense 9-14, 9-15, 9-41, 9-42, 9-43, or 9-44 listed in Rule 33-601.314, F.A.C., or when the evidence in a disciplinary report related to another offense clearly indicates that the cited infraction occurred during the inmate’s exercise or utilization of routine mail, in person visitation, kiosk, tablet, eCommunication, or video visitation privileges.

(d) Suspend any other privileges for a period of time not to exceed 60 days;

(e) Assign extra duty assignments during leisure hours;

(f) Assign the inmate to a disciplinary squad for a period not to exceed the time permitted for confinement for the violation;

(g) Assign the inmate to a restricted labor squad for a period not to exceed the time permitted for confinement for the violation;

(h) Assign the inmate for individual review and counseling;

(i) Determine the disposition of contraband items;

(j) Require inmates to pay for damaged, destroyed, or misappropriated property or goods, whether state or personal;

1. If two or more inmates are each found to be responsible for the loss or destruction of an item, they each shall be liable for an equal portion of the full amount of the loss. For example, if the total loss is $75 and three inmates are found to be responsible for the loss, each inmate will be required to pay $25. The total amount collected shall not exceed the amount of the loss.

2. Payment due for damaged, destroyed, or misappropriated property shall be at the replacement value of the property and inmate or staff labor costs shall not be included. However, outside labor costs may be charged when the damage is the result of a deliberate destructive act. In such cases, the disciplinary team chairman or hearing officer shall prepare a memo, forward a copy to the service center, and place a copy in the inmate’s record at the institution detailing the cost involved. The total cost shall be reflected in the disciplinary report.

3. If an inmate does not have sufficient funds to cover the repair or replacement costs, a notation shall be made on the inmate’s trust account for possible future payment. Should the inmate ever receive money in his or her trust account during the current commitment or during service of continuing consecutive commitments, excepting the release gratuity, the Department will be paid prior to issuing funds to the inmate.

4. Reimbursement of medical expenses resulting from injury may not be imposed.

(k) Assign the inmate to disciplinary confinement on a part-time basis with continued participation in assigned work or programs. Part-time confinement shall not exceed the maximum disciplinary confinement time permitted for the violation. A part of a day of confinement will be equal to a full day of confinement.

(l) Place the inmate in disciplinary confinement for a period of time not to exceed the maximum penalty prescribed in Rule 33-601.314, F.A.C. If an inmate has been placed in administrative confinement pending a disciplinary hearing and the team subsequently recommends a term of disciplinary confinement, the disciplinary team shall credit the time served in administrative confinement against the disciplinary confinement penalty imposed. Administrative confinement credit shall only be applied once to consecutive disciplinary confinement terms. Administrative confinement credit shall be applied to all concurrent disciplinary confinement terms. Disciplinary confinement shall be utilized only as a last resort and shall end as soon as the purposes of the confinement have been achieved.

(m) Recommend loss of accrued gain time up to the maximum penalty prescribed in Rule 33-601.314, F.A.C. A specific number of days recommended for forfeiture shall be indicated. Whenever loss of gain time is recommended, a determination must be made that the inmate has accrued sufficient gain time in order for the forfeiture to be processed unless the recommendation is for a loss of unearned gain time. Even though inmates serving a life term, certain mandatory sentences, or death sentences cannot earn or lose gain time, the team is authorized to recommend loss of gain time for these inmates for two reasons: first, this is an indication of the seriousness of the disciplinary action, and second, it may be applicable if the life or death sentence is eventually converted to a term of years. Pursuant to Section 944.28(2)(b), F.S., forfeiture of unearned gain time shall be considered when the inmate has been involved in misconduct and the inmate has not accrued enough gain time to achieve the desired corrective results.

(n) Remove inmates on supervised community release from the program and assign them to a designated facility;

(o) Require inmates assigned to work release centers in order to participate in the work release program to pay the costs associated with substance abuse testing whenever a result is positive.

(5) When multiple disciplinary penalties are imposed, excluding loss of gain time, the written findings of the disciplinary team or hearing officer shall state whether the penalties are to run consecutively or concurrently. If the disciplinary team or hearing officer does not specifically state that penalties are to run consecutively, the penalties shall run concurrently.

(6) Loss of gain time shall not be concurrent with any other loss of gain time and shall be cumulative.

(7) Pursuant to Rule 33-404.108, F.A.C., when an inmate in an inpatient mental health unit is found guilty of a disciplinary report, the disciplinary team shall refer its findings to the Multidisciplinary Services Team (MDST). The MDST shall review the disciplinary team’s findings and, as necessary, revise the inmate’s Individualized Services Plan to address the behavior and consider modification of privileges in accordance with the Behavioral Management Progress System.

Rulemaking Authority 944.09, 945.091 FS. Law Implemented 20.315, 944.09, 945.04, 945.091 FS. History–New 3-12-84, Formerly 33-22.08, Amended 11-13-84, 12-30-86, 6-25-89, 7-17-90, 10-1-95, 11-25-98, 8-5-99, Formerly 33-22.008, Amended 5-21-00, 2-11-01, 1-18-21.

33-601.309 Inmate Discipline – Review and Final Action.

(1) The chief correctional officer at a work release center, or the senior staff person at a contract facility shall review the disciplinary action and recommend approval, modification or disapproval to the warden.

(2) The warden acts as the final reviewing and approving authority for all disciplinary reports in which the recommended penalty does not exceed a loss of more than 365 days of gain time.

(3) The regional director of institutions acts as the final reviewing authority for all disciplinary reports in which the recommended penalty exceeds 365 days loss of gain time.

(4) The warden or regional director of institutions shall approve, modify downward or disapprove the recommended disciplinary action. The above mentioned or the deputy assistant secretary – programs is authorized to direct a rehearing of the disciplinary report as provided for in Rule 33-601.310, F.A.C. The review shall be limited to the matters contained in the disciplinary report. If new evidence or procedural error is discovered, the warden or regional director shall remand the disciplinary report to the hearing officer or disciplinary team for a rehearing as provided for in Rule 33-601.310, F.A.C. Review of each disciplinary report is the responsibility of the warden or regional director and cannot be delegated to other staff members.

(5) When the warden is the reporting officer of a disciplinary report the regional director of institutions shall act as reviewing and approving authority.

(6) In the case of privately operated correctional institutions, the correctional services administrator position in the regional office is the final approving authority for all disciplinary reports, except those as defined in subsection 33-601.309(3), F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.275, 944.28, 944.719, 945.04 FS. History–New 3-12-84, Formerly 33-22.09, Amended 12-30-86, 10-1-95, Formerly 33-22.009, Amended 5-21-00, 2-11-01, 3-22-05.

33-601.310 Inmate Discipline – Rehearings.

(1) If an error is discovered at any time after an inmate has been found guilty of a disciplinary infraction, the warden, the facility administrator of a private facility, or the deputy director of institutions (classification) or designee is authorized to cause a rehearing to take place within 30 days of the discovery of the error or the receipt of a successful grievance or appeal. The individual ordering the rehearing shall note the specific reasons for the rehearing on the disciplinary report. A rehearing shall not be held following a finding of “not guilty.”

(2) The investigation may incorporate those portions of the previous investigation that are not affected by the need for the rehearing. The rehearing shall proceed according to the provisions of Rule 33-601.307, F.A.C. No inmate is authorized to request a rehearing.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History–New 10-1-95, Formerly 33-22.0105, Amended 5-21-00, 2-11-01.

33-601.311 Inmate Discipline – Miscellaneous Provisions.

(1) Interstate Compact Cases. Inmates confined in this Department on interstate transfer are to be disciplined in the same fashion as anyone sentenced within the State of Florida. Following the review process, a copy of all disciplinary reports on interstate corrections compact cases (institutions) shall be forwarded to the interstate corrections compact administrator in the Bureau of Classification and Central Records, who will then forward the disciplinary report to the sending state for information and concurrence.

(2) Transfers.

(a) If, in the course of conducting disciplinary procedures, a job reassignment or transfer is indicated, it shall be handled as classification matters are normally handled at that institution and not as a disciplinary decision.

(b) If it becomes necessary to transfer an inmate who is awaiting disciplinary action, the team hearing should be held prior to the transfer. Exceptions to this shall be made in circumstances where the situation dictates immediate transfer before the disciplinary hearings can be held. A memorandum explaining the circumstances precluding the scheduling of the hearing shall be sent with the inmate record at the time of the transfer. The sending institution shall complete the heading section, identifying the inmate and charge, and statement of facts, of the disciplinary report. The disciplinary investigation report shall be completed by the sending institution if time permits, and forwarded to the receiving institution. The receiving institution shall complete the inmate notification, the disciplinary investigation report and the designating authority review, if not completed prior to transfer. The Team/Hearing Officer Findings and Action, shall be completed by the receiving institution after the hearing and approved by the warden.

(c) If it becomes necessary to transfer an inmate who is serving a disciplinary penalty to another institution and the sending institution feels this disciplinary penalty should continue at the receiving institution, the sending institution shall attach a copy of the disciplinary report to the inmate file, and attach a complete cover memorandum requesting that the penalty be continued at the receiving institution.

(3) Should disagreements occur between the facility administrator of a privately operated correctional institution and the classification staff pertaining to disciplinary matters, the regional director of institutions shall be responsible for resolution.

(4) Once an employee has written a disciplinary report and submitted it to the shift supervisor, any rejection, disapproval, dismissal or finding of not guilty shall be communicated to the employee who initiated the report by the official making the decision, along with the reason for the rejection, disapproval, dismissal or finding of not guilty. This feedback is intended to foster overall improvement of the discipline process.

(5) The director of classification and programs is authorized to order a disciplinary report expunged from the inmate record in cases affecting the integrity of the disciplinary process or procedures. No inmate has the right to request the expunging of a disciplinary report in conjunction with this subparagraph.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History–New 3-12-84, Formerly 33-22.11, Amended 12-30-86, 5-24-90, 10-1-95, Formerly 33-22.011, Amended 5-21-00, 2-11-01, 7-8-03, 10-7-12.

33-601.312 Telephonic or Video Disciplinary Hearings.

(1) Disciplinary hearings through telephone or video communication are authorized in the event an inmate has been transferred to another facility and a disciplinary hearing is pending.

(2) The conduct of the Disciplinary Hearing shall conform to all provisions of Rule 33-601.307, F.A.C.

(3) The disciplinary report, disciplinary investigative report, and disciplinary report worksheet should be completed at the institution where the inmate notification is delivered to the inmate.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.719, 945.04 FS. History–New 10-1-95, Formerly 33-22.0115, Amended 5-21-00.

33-601.313 Inmate Discipline – Forms.

(1) The following forms used in implementing the provisions of this chapter are hereby incorporated by reference:

(a) DC6-112E, Disciplinary Hearing Worksheet, effective 3-22-05.

(b) DC6-112A, Disciplinary Investigative Report, effective 5-21-00.

(c) DC6-256, Housing Officers Contact Card, effective 2-11-01.

(d) DC6-112D, 24 Hour/Refusal to Appear Waiver Form, effective 5-21-00.

(e) DC6-112C, Witness Statement Form, effective 8-28-06.

(f) DC6-112F, Disciplinary Report Worksheet, effective 7-11-06.

(g) DC6-151, Documentary or Physical Evidence Disposition, effective 3-22-05.

(h) DC6-112B, Witness Disposition Form, effective 12-5-10.

(i) DC6-117, Corrective Consultation of Inmate, effective 5-21-00.

(j) DC6-2028, Disposition of Videotape or Audiotape Evidence, effective 3-22-05.

(2) Copies of these forms can be obtained from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 10-1-95, Formerly 33-22.0117, Amended 5-21-00, 2-11-01, 3-22-05, 7-11-06, 8-28-06, 12-5-10.

33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.

Sections 1 through 10 below show the maximum penalties allowed for the listed offenses. Staff should take into account the individual facts of each violation and impose a penalty that is proportionate to the conduct. Section 11 shows the penalties that will be imposed for the listed offenses based on the time since an inmate’s last disciplinary infraction absent a statement in the written findings of the disciplinary team or hearing officer justifying an upward deviation. As used in this rule, “DC” means the maximum number of days of disciplinary confinement that may be imposed, and “GT” means the maximum number of days of gain time that may be taken. The imposition of DC and GT penalties are independent of one another and do not have to be imposed together; i.e., an inmate may be placed in DC without losing GT, and vice versa.

Maximum Disciplinary Actions

SECTION 1 – ASSAULT, BATTERY, THREATS, AND DISRESPECT

1-3 Spoken, written, or gestured threats 30 DC + 90 GT

1-4 Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like             

30 DC + 60 GT

1-5 Sexual battery or attempted sexual battery 90 DC + All GT

1-6 Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor             

60 DC + 90 GT

1-7 Aggravated battery or attempted aggravated battery on a correctional officer 90 DC + All GT

1-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer              90 DC + All GT

1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.)             

90 DC + All GT

1-10 Aggravated battery or attempted aggravated battery on an inmate 90 DC + All GT

1-11 Aggravated assault or attempted aggravated assault on a correctional officer 90 DC + All GT

1-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer              90 DC + All GT

1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.)             

90 DC + All GT

1-14 Aggravated assault or attempted aggravated assault on an inmate 90 DC + All GT

1-15 Battery or attempted battery on a correctional officer 90 DC + All GT

1-16 Battery or attempted battery on staff other than correctional officer 90 DC + All GT

1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.) 90 DC + All GT

1-18 Battery or attempted battery on an inmate 90 DC + All GT

1-19 Assault or attempted assault on a correctional officer 90 DC + 180 GT

1-20 Assault or attempted assault on staff other than correctional officer 90 DC + 180 GT

1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.) 90 DC + 180 GT

1-22 Assault or attempted assault on an inmate 90 DC + 180 GT

SECTION 2 – RIOTS, STRIKES, MUTINOUS ACTS AND DISTURBANCES

2-1 Participating in riots, strikes, mutinous acts, or disturbances 60 DC + All GT

2-2 Inciting or attempting to incite riots, strikes, mutinous acts, or disturbances – conveying any inflammatory, riotous, or mutinous communication by word of mouth, in writing or by sign, symbol, or gesture             

30 DC + All GT

2-3 Creating, participating in or inciting a minor disturbance 30 DC + 60 GT

2-4 Fighting 30 DC + 30 GT

SECTION 3 – CONTRABAND – ANY ARTICLE NOT SOLD IN THE CANTEEN, OR ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A SPECIFIC PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY HOUSED

3-1 Possession of or manufacture of weapons, ammunition, or explosives 60 DC + All GT

3-2 Possession of escape paraphernalia 60 DC + All GT

3-3 Possession of narcotics, unauthorized drugs and drug paraphernalia 60 DC + 180 GT

3-4 Trafficking in drugs or unauthorized beverages 60 DC + All GT

3-5 Manufacture of drugs or unauthorized beverages 60 DC + 180 GT

3-6 Possession of unauthorized beverages 10 DC + 15 GT

3-7 Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.              60 DC + 180 GT

3-8 Possession of negotiables – unauthorized amounts of cash where cash is permitted, any amount of cash where cash is not permitted, another inmate’s canteen coupons, another inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards, or any other negotiable item which is not authorized             

30 GT

3-9 Possession of unauthorized or altered identification – driver’s license, social security card, cashless canteen identification card, etc.             

30 GT

3-10 Possession of unauthorized clothing or linen – State or personal 30 GT

3-11 Possession of stolen property – State or personal 30 GT

3-12 Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband             

30 GT

3-13 Introduction of any contraband 60 DC + All GT

3-14 Unauthorized possession or use of a cellular telephone or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under Section 944.47(1)(a)6., F.S.             

60 DC + All GT

3-15 Possession of gang related paraphernalia or related material, gang symbols, logos, gang colors, drawings, hand signs, or gang related documents             

30 DC + 30 GT

3-16 Non-death row and/or non-community release program inmates – possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers.              

10 DC + 15 GT

3-17 Death row inmates – Possession of tobacco, other than authorized smokeless tobacco, or possession of tobacco-related products intended for use with smoking tobacco such as lighters or cigarette papers; introduction of tobacco or tobacco-related products to non-death row housing or trafficking in such products.              

10 DC + 15 GT

SECTION 4 – UNAUTHORIZED AREA

4-1 Escape or escape attempt 60 DC + All GT

4-2 Unauthorized absence from assigned area, including housing, job or any other assigned or designated area             

10 DC + 15 GT

4-3 Being in unauthorized area, including housing, job, or any other assigned or designated area              30 GT

SECTION 5 – COUNT PROCEDURE VIOLATIONS

5-1 Missing count 30 DC + 90 GT

5-2 Failure to comply with count procedures 30 DC + 30 GT

SECTION 6 – DISOBEYING ORDERS

6-1 Disobeying verbal or written order – any order given to an inmate or inmates by a staff member or other authorized person             

30 DC + 60 GT

6-2 Disobeying institutional regulations 30 GT

SECTION 7 – DESTRUCTION, MISUSE, OR WASTE OF PROPERTY

7-1 Destruction of State property or property belonging to another 60 DC + All GT

7-2 Altering or defacing State property or property belonging to another 30 GT

7-3 Destruction of State property or property belonging to another due to gross negligence 30 GT

7-4 Misuse of State property or property belonging to another – use for purpose other than the intended purpose             

30 GT

7-5 Willful wasting State property or property belonging to another – any waste of edible or usable property             

30 GT

7-6 Arson or attempted arson 60 DC + All GT

SECTION 8 – HYGIENE

8-1 Failure to maintain personal hygiene or appearance 15 GT

8-2 Failure to maintain acceptable hygiene or appearance of housing area 15 GT

SECTION 9 – MISCELLANEOUS INFRACTIONS

9-1 Obscene or profane act, gesture, or statement – oral, written, or signified 15 DC + 30 GT

9-2 Bribery or attempted bribery 10 DC + 15 GT

9-3 Breaking and entering or attempted breaking 10 DC + 15 GT

9-4 Attempt, conspiracy, or solicitation to commit any crime or violation of the Rules of Prohibited Conduct              60 DC + All GT

Penalty imposed not to exceed    maximum authorized for the substantive infraction.

9-5 Theft of property under $50.00 in value 10 DC + 15 GT

9-6 Bartering with others 30 GT

9-7 Sex acts or unauthorized physical contact involving inmates 10 DC + 30 GT

9-9 Tattooing, being tattooed, branding or body art to include body piercing 10 DC + 30 GT

9-10 Lying to staff member or others in official capacity, or falsifying records 30 DC + 60 GT

9-11 Feigning illness or malingering as determined by a physician or medical authority 15 GT

9-12 Gambling or possession of gambling paraphernalia 15 GT

9-13 Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task             

15 GT

9-14 Mail regulation violations 10 DC + 30 GT

9-15 Visiting regulation violations 10 DC + 30 GT

9-16 Refusing to work or participate in mandatory programs 10 DC + 90 GT

9-17 Disorderly conduct 30 DC + 60 GT

9-18 Unauthorized physical contact involving non-inmates 60 DC + 90 GT

9-19 Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer             

30 DC + 60 GT

9-20 Extortion or attempted extortion 60 DC + 60 GT

9-21 Fraud or attempted fraud 30 DC + 90 GT

9-22 Robbery or attempted robbery 60 DC + All GT

9-23 Theft of property exceeding $50 in value 60 DC + All GT

9-24 Loaning or borrowing money or other valuables 30 GT

9-25 Telephone regulation violations 15 DC + 30 GT

9-26 Refusing to submit to substance abuse testing 60 DC + 180 GT

9-27 Use of unauthorized drugs – as evidenced by positive results from urinalysis test, or observable behavior              

60 DC + 180 GT

9-28 Canteen Shortage under $100.00 10 DC + 60 GT

9-29 Canteen Shortage over $100.00 30 DC + 90 GT

9-31 Use of Alcohol – as evidenced by positive results from authorized tests, or by observable behavior              

30 DC + 90 GT

9-32 In accordance with Section 944.279(1), F.S., is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding or appeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court             

15 DC + 30 GT

9-33 Tampering with, defeating or depriving staff of any security device. Security devices include: locks; locking devices; electronic detection systems; personal body alarm transmitters and receivers; handheld radios; restraint devices such as handcuffs, waist chains, leg irons and handcuff covers; keys; video and audio monitoring and recording devices; security lighting; weapons; and any other device utilized to ensure the security of the institution             

60 DC + All GT

9-34 Tampering with or defeating any fire or other safety device. Safety devices include: fire, smoke, and carbon dioxide detection devices; alarm systems; fire suppression systems and devices such as fire sprinklers, fire extinguishers, and dry chemical systems; safety and emergency lighting; exit lights; evacuation route and warning placards; self-contained breathing apparatuses; personal protective equipment; first aid kits; eye wash stations; and any other device utilized to ensure the safety of the institution, staff, and inmates             

60 DC + All GT

9-35 Establishes or attempts to establish a personal or business relationship with any staff member or volunteer             

30 DC + 90 GT

9-36 Gang related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation             

30 DC + 60 GT

9-37 Unauthorized use of or tampering with a computer, computer peripheral device, or any other office equipment. Other office equipment includes copying machines, facsimile machines, postage meters, or any other device utilized in an office or office-like environment             

60 DC + All GT

9-38 In accordance with Section 817.535(4), F.S., is found by the court to have filed or directed a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owner’s interest in the property described in the instrument             

30 DC + 90 GT

9-39 Committing, attempting to commit, conspiring to commit, or soliciting another person to commit an unauthorized or illegal financial transaction             

30 DC + 60 GT

9-40 Possession of any items or materials that can be used to facilitate an unauthorized or illegal financial transaction, including account numbers, passwords, PINs, or other similar items or materials that an inmate is not authorized to possess             

60 DC + 90 GT

9-41 Kiosk regulation violation 10 DC + 30 GT

9-42 Tablet regulation violation 10 DC + 30 GT

9-43 Video visitation regulation violation, including call forwarding, video chatting, three-way video, livestreaming, recording, or other electronic tampering              10 DC + 30 GT

9-44 eCommunication regulation violation 10 DC + 30 GT

9-45 Tablet tampering- altering or attempting to alter a tablet to enable communication with another device, to change tablet services as defined in 33-602.900(2), or to change in any manner the functionality of the tablet, or possession of any tablet so altered.                60 DC + All GT

SECTION 10 – COMMUNITY RELEASE PROGRAM VIOLATIONS – WORK RELEASE, STUDY RELEASE, FURLOUGH AND VOLUNTEER SERVICE

10-1 Failure to directly and promptly proceed to and return from designated area by approved method               15 DC + 30 GT

10-2 Failure to remain within designated area of release plan 10 DC + 15 GT

10-3 Failure to return if plan terminated prior to scheduled time 10 DC + 15 GT

10-4 Making unauthorized contact – personal, telephone, or otherwise – with any individual in behalf of another inmate              

15 GT

10-5 Deviating from or changing approved plan without permission 15 GT

10-6 Making purchase or contract without approval 15 GT

10-7 Failure to deposit entire earnings – less authorized deductions – each pay period 15 GT

10-8 Failure to repay advancement of monies as stipulated in the inmate’s financial plan 15 GT

10-9 Tampering with, damaging, losing, or destroying any electronic monitoring equipment. 15 DC + 30 GT

SECTION 11 – PENALTY SCALE

(1) The penalties set forth in subsection (2) below will be imposed for the offenses listed below based on the time since an inmate’s last disciplinary infraction absent a statement in the written findings of the disciplinary team or hearing officer justifying an upward deviation. At no time will the maximum penalties set forth in Sections 1 through 10 above be exceeded. The written findings must be based on the nature of the infraction and its impact on the secure and orderly operation of the institution or facility where the infraction occurred. The time since the last disciplinary infraction is calculated from the date the last infraction was committed during an inmate’s current commitment. The imposition of DC and GT penalties are independent of one another and do not have to be imposed together; i.e., an inmate may be placed in DC without losing GT, and vice versa.

(2)(a) If the time since the last disciplinary infraction is 0 to 30 days, the penalty will be up to 30 days in DC and the loss of up to 30 days of GT.

(b) If the time since the last disciplinary infraction is 31 to 60 days, the penalty will be up to 20 days in DC and the loss of up to 20 days of GT.

(c) If the time since the last disciplinary infraction is 61 to 120 days, the penalty will be up to 15 days in DC and the loss of up to 15 days of GT.

(d) If the time since the last disciplinary infraction is more than 120 days or if there is no prior infraction, the penalty will be any sanction authorized by Rule 33-601.308, F.A.C., excluding DC.

1-4 Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like

2-4 Fighting

3-8 Possession of negotiables – unauthorized amounts of cash where cash is permitted, cash where cash is not permitted, other inmate’s canteen coupons, other inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards or any other negotiable item which is not authorized

3-9 Possession of unauthorized or altered identification – driver’s license, Social security card, cashless canteen identification card, etc.

3-10 Possession of unauthorized clothing or linen – State or personal

3-11 Possession of stolen property – State or personal

3-12 Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband

3-13 Introduction of any contraband

3-16 Non-death row and/or non-community release program inmates – possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers

4-2 Unauthorized absence from assigned area, including housing, job or any other assigned or designated area

4-3 Being in unauthorized area, including housing, job, or any other assigned or designated area

5-1 Missing count

5-2 Failure to comply with count procedures

7-2 Altering or defacing State property or property belonging to another

7-3 Destruction of State property or property belonging to another due to gross negligence

7-4 Misuse of State property or property belonging to another – use for purpose other than the intended purpose

7-5 Willful wasting State property or property belonging to another – any waste of edible or usable property

8-1 Failure to maintain personal hygiene or appearance

8-2 Failure to maintain acceptable hygiene or appearance of housing area

9-1 Obscene or profane act, gesture, or statement – oral, written, or signified

9-2 Bribery or attempted bribery

9-3 Breaking and entering or attempted breaking

9-4 Attempt, conspiracy, or solicitation to commit any crime or violation of the Rules of Prohibited Conduct

9-5 Theft of property under $50.00 in value

9-6 Bartering with others

9-7 Sex acts or unauthorized physical contact involving inmates

9-9 Tattooing, being tattooed, branding or body art to include body piercing

9-10 Lying to staff member or others in official capacity, or falsifying records

9-11 Feigning illness or malingering as determined by a physician or medical authority

9-12 Gambling or possession of gambling paraphernalia

9-13 Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task

9-14 Mail regulation violations

9-15 Visiting regulation violations

9-16 Refusing to work or participate in mandatory programs

9-17 Disorderly conduct

9-18 Unauthorized physical contact involving non-inmates

9-19 Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer

9-21 Fraud or attempted fraud

9-24 Loaning or borrowing money or other valuables

9-25 Telephone regulation violations

9-28 Canteen Shortage under $100.00

9-31 Use of Alcohol – as evidenced by positive results from authorized tests, or by observable behavior

9-32 In accordance with Section 944.279(1), F.S., is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding or appeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court

9-41 Kiosk regulation violation

9-42 Tablet regulation violation

9-43 Video visitation regulation violation, including call forwarding, video chatting, three-way video, livestreaming, recording, or other electronic tampering

9-44 eCommunication regulation violation

10-1 Failure to directly and promptly proceed to and return from designated area by approved method

10-2 Failure to remain within designated area of release plan

10-3 Failure to return if plan terminated prior to scheduled time

10-4 Making unauthorized contact – personal, telephone, or otherwise – with any individual on behalf of another inmate

10-5 Deviating from or changing approved plan without permission

10-6 Making purchase or contract without approval

10-7 Failure to deposit entire earnings – less authorized deductions – each pay period

10-8 Failure to repay advancement of monies as stipulated in the inmate’s financial plan

10-9 Tampering with, damaging, losing, or destroying any electronic monitoring equipment

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.115, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08, 11-9-08, 5-11-09, 12-12-10, 10-1-11, 6-18-13, 11-14-13, 11-4-14, 1-18-21, 2-14-23, 1-11-24.

33-601.401 Interstate Corrections Compact.

(1) Definitions. As used in this chapter:

(a) “Transfer” means transfer under the Interstate Corrections Compact authorized by Sections 941.56 and 941.57, F.S.

(b) “Administrator” means the Interstate Corrections Compact Administrator in the Office of Institutions.

(c) “Sending state” means the state from which an inmate is transferred.

(d) “Receiving state” means the state to which an inmate is transferred.

(2) The Interstate Corrections Compact Administrator shall approve, deny or initiate the interstate transfer of an inmate.

(3) When Florida is the Sending State.

(a) The institutional classification team (ICT) is authorized to recommend an inmate for interstate compact transfer with or without the inmate’s request. A request for transfer may be initiated by the inmate to the ICT of the institution at which the inmate is incarcerated.

(b) Any inmate whose transfer has been requested, but who does not consent to the transfer, shall be given a hearing before the ICT. The inmate shall be given at least 48 hours written notice of such hearing.

(c) Any request for transfer shall be evaluated by the ICT, which shall make its recommendations to the Interstate Corrections Compact Administrator.

(d) Inmates may be transferred for any reason within the scope of Section 941.56, F.S.

(e) The Florida Commission on Offender Review shall be notified at least 14 days before any inmate is transferred so that any necessary parole hearing may be held.

(f) The institution shall prepare a waiver of extradition to be executed by the inmate being transferred.

(g) Inmate property shall be transferred with the inmate subject to rules of the receiving state.

(4) When Florida is the Receiving State.

(a) A progress report shall be provided to the sending state at six month intervals. The sending state shall be kept informed at all times of the inmate’s institutional address and shall be notified immediately if the inmate escapes.

(b) The approval of the sending state shall be required for any action that could have the effect of modifying the inmate’s sentence.

(c) The releases of inmates confined under the Interstate Corrections Compact will be in accordance with the instructions of the sending state.

(d) Inmates confined under the Interstate Corrections Compact shall be afforded the opportunity and shall be required to participate in programs of occupational training, industrial or other work on the same basis as inmates of Florida. Qualified inmates will be eligible for participation in Community Work Release Programs with the approval of the sending state. Approval will be obtained through the Interstate Corrections Compact Administrator.

(e) Upon request of the sending state, the authorities of Florida will be authorized to and will conduct hearings, prepare and submit the record of such hearings, together with any recommendations of the hearing officials to the officer(s) of the sending state.

(f) Decisions concerning parole eligibility and release on parole will be determined by the sending state’s parole authority.

(g) Inmates may be returned to the sending state upon recommendations by the ICT and subsequent approval by the Interstate Corrections Compact Administrator for the following reasons:

1. Failure to adjust,

2. Personal safety of an inmate in the sending state is no longer a factor,

3. Personal safety of an inmate in the receiving state becomes a factor,

4. At the request of the sending state, or

5. Other valid reason(s).

(h) If the return of an inmate is approved the sending state shall be notified to retake the inmate within 30 days.

(5) The Interstate Corrections Compact Administrator shall coordinate the implementation of this section and shall conduct all routine correspondence with other party states.

Rulemaking Authority 941.57, 944.09 FS. Law Implemented 941.55, 941.56, 941.57 FS. History–New 7-7-81, Formerly 33-21.01, Amended 12-30-96, Formerly 33-21.001, 33-301.101, Amended 3-9-03, 9-23-03.

33-601.502 Discharge Gratuity.

(1) The Secretary shall authorize the payment of a discharge gratuity to inmates discharged from the custody of the Department of Corrections. A discharge gratuity in the amount of $50.00 shall be provided to any inmate released on parole, expiration of sentence, pardon or permanent court order, except those inmates released in any of the following situations:

(a) Any inmate to be released who has participated in paid employment through PIE programs or the Work Release Program for a period of at least 120 days immediately preceding release;

(b) Any inmate to be released to another jurisdiction for which there is an existing judgment and sentence or detainer;

(c) Any inmate to be released to the Department of Children and Family Services or a state or county mental health facility under an order for involuntary commitment, or

(d) Should a review of inmate bank trust fund records disclose that an inmate has an account balance of $100 or more at the time of release or has previously had an account balance of $100 or more at any time during the 180 days prior to his release date, the inmate shall be denied a discharge gratuity, except as provided in subsection (2), below.

(2) If the Warden or his/her designee determines that the best interests of the inmate and the state are served by the payment of a discharge gratuity to an inmate not otherwise eligible, a gratuity not to exceed $40.00 shall be provided. Consideration for this gratuity shall be given to any inmate not otherwise eligible who has:

(a) No employment or residence available upon release; and,

(b) No evidence of any continuous source of revenue or income such as social security benefits, or

(c) A medical condition requiring continuous treatment and no immediate source of income or financial support.

(3) In the case of an inmate who is reinstated or restored to supervision, a discharge gratuity in an amount of $20.00 will be provided.

(4) An inmate’s discharge gratuity shall not be used to pay for any amount of an inmate’s discharge transportation.

(5) In hardship cases where, as determined by the Secretary or the Warden, the best interests of the inmate and the state would be served by the payment of more than the standard gratuity, an additional gratuity shall be provided, the total of such gratuity not to exceed twice the standard gratuity. Consideration for this additional gratuity shall be given to any inmate who has:

(a) No employment or residence available upon release; and,

(b) No evidence of any continuous source of revenue or income such as social security benefits, or

(c) A medical condition requiring continuous treatment and no immediate source of income or financial support.

Rulemaking Authority 944.09 FS. Law Implemented 944.611, 944.613 FS. History–New 10-8-76, Formerly 33-7.06, Amended 1-4-87, 1-1-89, 1-18-89, 12-12-91, 4-14-92, 4-28-99, Formerly 33-7.006, Amended 8-28-01, 2-10-04, 9-21-05, 8-14-06, 8-15-17, 7-7-21.

33-601.503 Discharge Transportation.

(1) Payments authorized by Sections 944.611 and 944.613, F.S., for the transportation of discharged inmates shall be made under the provisions of these sections.

(2) Every inmate released on parole, expiration of sentence, pardon, supervised community release, provisional release supervision or permanent court order shall be eligible to receive transportation, except for the following:

(a) Inmates being released to law enforcement agencies.

(b) Inmates in the Work Release Program who have accumulated sufficient funds to pay for their own transportation.

(c) Inmates who have adequate funds from other sources to pay for their transportation.

(3) Eligible inmates shall be asked whether they desire transportation. Transportation will be furnished to the destination approved by the warden or Officer in Charge.

(4) The approved destination must be one of the following:

(a) The county where release has been approved and supervision is to commence.

(b) Another state.

(c) The county of employment within the state.

(d) The county of legal residence within the state.

(e) The county of original commitment within the state. The destination shown on the Parole Certificate shall be the approved destination if the inmate is a parolee.

(5) Transportation shall be provided by common carrier using the most economical means. Transportation shall be furnished by a nonnegotiable travel voucher payable to the common carrier being used. There shall be no cash disbursement to any inmate, person, firm, or corporation. For an out of state destination, the travel voucher shall not be valid for more than 5 days after its issuance. The travel voucher for in state destinations must be used immediately.

(6) Each inmate eligible for transportation shall be escorted to the site of embarkment by Department personnel who shall remain until the releasee has departed. In extreme hardship cases where the inmate is not ambulatory or is otherwise impaired, the warden may, in addition to providing discharge transportation, provide a medical attendant to accompany the inmate, providing the medical director advises that the inmate could not reasonably proceed safely to his destination and there is sufficient staff available to provide assistance.

Rulemaking Authority 944.09, 944.611, 944.613 FS. Law Implemented 20.315, 944.611, 944.613, 945.04 FS. History–New 10-8-76, Amended 5-25-83, 4-18-85, Formerly 33-7.07, Amended 9-2-86, 1-4-87, 11-16-97, Formerly 33-7.007.

33-601.504 Transition Skills Program.

(1) All inmates being released from the Department of Corrections are eligible to participate in the transition skills program except for those inmates meeting the criteria for exemption in paragraph (3)(b), below.

(2) The Department shall administer a Department-approved risk and needs assessment within 18 months of an inmate’s scheduled release date to identify community-specific reentry service provider referrals.

(3)(a) The Department shall provide a standardized transition skills program to every eligible inmate within six months of the inmate’s scheduled release date. The transition skills program shall consist of pre-release or post-release instruction that includes:

1. Employment skills.

2. Money management.

3. Special needs.

4. Community reentry concerns.

5. Community reentry support.

6. Any other appropriate instruction to promote the inmate’s successful reentry into the community.

(b) The transition skills program shall be provided to all inmates, and all inmates shall be required to complete the program prior to release except for the following:

1. Emergency releasees.

2. Inmates who are not to be released from incarceration such as those released to detainers to other state or federal authorities where the inmate will be detained or incarcerated. However, pursuant to Section 944.703, F.S., the Department shall determine whether cancellation of the detainer is likely or that the incarceration for which the detainer was issued will be of short duration, in which case the inmate will not be exempt from the program..

3. Inmates who are unable to attend due to mental or medical conditions as supported by written medical staff direction or opinion.

4. Inmates who are in the reception process.

5. Inmates who have completed the reception process but cannot complete the course.

6. Inmates who are serving a Florida sentence in another jurisdiction.

(c) The classification officer shall review all inmates at the institution or facility who are within 180 days of release to verify completion of the transition skills program.

(d) The Institutional Classification Team shall ensure that inmates required to participate in the transition skills program are informed of this requirement in accordance with classification procedures and that the consequences of refusing to participate are explained. The explanation shall include the following:

1. If eligible, the inmate is required to participate in the transition skills program.

2. Disciplinary action in accordance with Chapter 33-601, F.A.C., shall be imposed as a consequence of the inmate refusing to work or participate in mandatory programs.

3. In addition to disciplinary action, no eligible inmate shall be eligible to participate in a work release center assignment or work release program if he or she refuses to participate in the transition skills program or refuses to complete the program.

4. Disciplinary action shall also be taken if the inmate agrees to enter the transition skills program but is subsequently reassigned due to behavior problems or the inmate’s unwillingness to actively participate in program activities and follow program rules as determined by transition services staff.

(e) If an eligible inmate refuses to participate after program enrollment, the refusal shall be documented in the Offender Based Information System.

1. The inmate shall be required to sign Form DC5-415, Refusal of Mandatory 100-Hour Transition Skills Program. Form DC5-415 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 11-18-03.

2. If the inmate refuses to sign Form DC5-415, the refusal shall be noted on the form and witnessed by two staff members.

3. If the inmate refuses to participate and later recants, the inmate shall be allowed to request to participate by completing an Inmate Request, Form DC6-236, and submitting it to his or her classification officer. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(f) As part of the transition skills program, any inmate claiming to be a victim of domestic violence as defined in Section 741.28, F.S., shall be informed of the domestic violence center nearest his or her established residence. Upon release, the inmate shall be referred to the designated center.

(g) The Department is authorized to contract with public or private entities for the provision of all or part of the components of the transition skills program.

(4) Inmates being released shall be identified and screened by a designated officer prior to release. The screening shall consist of the following:

(a) Review of the inmate’s risk and needs assessment to update or identify the inmate’s post-release needs;

(b) Discussion with the inmate about participation in the transition assistance program if eligible;

(c) Review of visiting records to determine whether the inmate’s visitors could provide post-release residential or employment assistance;

(d) Verification from any authority having an active detainer on the inmate that the detainer is likely to be cancelled or that incarceration resulting from the detainer will be of short duration; and

(e) Any other steps necessary to make a reasonable judgment as to post-release needs.

(5) The following community resource contacts and available identification documents shall be provided to each inmate prior to release:

(a) A toll-free number that released inmates may call to obtain post-release resources and referrals for community-based reentry services.

(b) A weblink to a comprehensive community resource directory, organized by county, which includes contact information and a description of services offered for each provider listed in the directory, including existing portals of entry.

(c) A social security card or other valid I.D., and any other information that would be of value in assisting the smooth transition of the releasee into society.

(d) The releasee shall be informed that the use of his or her social security card is a means of establishing employment eligibility for prospective employers in accordance with the Federal Immigration Reform and Control Act. The use of the card for this purpose is voluntary, and the inmate may refuse to disclose his or her social security number.

(6) Post-release transportation for inmates shall be provided by the most economical common carrier and shall be paid for by a non-negotiable travel voucher, or by private transportation provided by a family member, approved Type “B” furlough sponsor, or citizen volunteer whose purpose is to immediately transport the inmate to a designated location. Releasees shall be escorted to the common carrier terminal by a Department employee who shall remain with the releasee until he or she departs on the authorized transportation. The releasee shall be instructed to proceed immediately to the appropriate office of or to call the designated community resource liaison.

(7) Upon arriving at the post-release community resource, the releasee shall be identified and provided orientation and counseling. The post-release community resource shall work with the releaorder to effect as smooth a transition into society as possible. This shall encompass follow-through efforts in regards to employment and special needs.

(8) The Department is authorized to enter into contracts for transition services as follows:

(a) The Department is authorized to enter into contracts with the Agency for Workforce Innovation for the provision of job placement services.

(b) The Department is authorized to enter into contracts with the Department of Children and Family Services, the Salvation Army, and other public or private organizations, including faith-based service groups, for the provision of basic support services for releasees.

(c) The Department will provide an Inmate Re-entry Programs Registration Application, Form DC5-759, on the Department’s public website to allow nonprofit faith-based organizations, professional businesses, or civic or community organizations to apply for registration with the Department to provide inmate reentry services. Form DC5-759, Inmate Re-Entry Programs Registration Application, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-12109. The effective date of the form is 8/20.

(d) The eligibility criteria that must be satisfied by the applicant are as follows:

1. The applicant must complete and submit an Inmate Re-Entry Programs Registration Application, Form DC5-759.

2. The applicant must be a nonprofit faith-based organization, a professional business, or a civic or community organization.

3. The applicant must be willing to provide its re-entry program at no cost to the Department or the inmate.

4. The applicant must be willing to provide its re-entry program at a Department institution or contracted facility.

5. The applicant must be willing to allow the Department to review and approve the program curriculum, and any subsequent revisions thereto, to ensure that the program addresses the criminogenic and/or transition needs of inmates.

6. Representatives of the applicant designated to provide programming at a Department institution or contracted facility must be willing to undergo and must pass a Level II background check. Final approval to access a Department institution or contracted facility will be made by the warden or designee in order to promote the safety, security, and good order of those institutions and facilities.

7. The applicant must be willing to adhere to all Department rules.

(e) Upon submission to the Department, the application will be reviewed by a designated Office of Programs and Re-Entry representative to ensure the application has been completed in full and all eligibility criteria have been met. The applicant will be notified in writing of the receipt and review of the application.

(f) If the application is complete and the applicant meets the eligibility criteria, the applicant will be advised to have its designated representatives obtain a Level II background check. The applicant must also provide the Department a copy of any curriculum that will be utilized by the applicant. The applicant will be placed on the Inmate Re-Entry Programs Registration Roster provided the necessary Level II background check results are approved by the Department, and the curriculum addresses the criminogenic and/or transition needs of inmates. The applicant will be notified in writing of its placement on the Inmate Re-Entry Programs Registration Roster.

Rulemaking Authority 944.09, 944.705, 944.706, 944.708 FS. Law Implemented 20.315, 944.291, 944.701-.708, 944.611, 944.613, 944.7065 FS. History–New 1-19-85, Formerly 33-7.08, Amended 11-8-86, 5-18-87, 4-19-89, 5-21-92, 1-5-93, 11-16-97, Formerly 33-7.008, Amended 11-18-03, 8-19-20.

33-601.601 Temporary Release of Inmates for Specific Purposes.

(1) The regional directors are the Secretary’s designees for the purpose of approving or disapproving the temporary transfer of custody of any inmate housed within their respective regions, including those housed in private facilities, to attend a funeral or have a deathbed visit.

(2) Attendance of an inmate at a funeral or a deathbed visit will be made at the expense of the inmate or the inmate's family. The Department of Corrections will incur no expense for the inmate’s transportation or attendance.

(3) Funerals and deathbed visits are restricted to members of the inmate's immediate family or to other relatives or adopted relatives who were instrumental in the raising of the inmate. An inmate may attend a funeral of or have a deathbed visit with a relative, but not both for the same relative.

(4) The family of an inmate who is not eligible for furlough or who has been denied furlough wishing to have the inmate attend a funeral or make a deathbed visit must contact the sheriff or chief of the tribal police of the county or jurisdiction in which the funeral or deathbed visit is to occur and arrange for transportation. The department will not review a request for temporary assumption of custody unless the sheriff or chief of tribal police has taken the following actions:

(a) Contacted the warden at the institution in which the inmate is housed to make arrangements for the transfer of custody;

(b) Provided written confirmation to the warden that the request of the funeral is confirmed by the attending funeral home or a qualified licensed physician validates imminent death;

(c) Provided the date, length, and place of the requested funeral or deathbed visit;

(d) Identified and authorized in writing a designee if the request is made on behalf of the sheriff or chief of tribal police and that the designee will take temporary custody of the inmate in accordance with the custody and transportation requirements set forth in this rule;

(e) A sheriff or chief of tribal police from a county or jurisdiction other than the county or jurisdiction in which the funeral or deathbed visit is to occur may transport the inmate provided the sheriff or chief of tribal police from the county or jurisdiction in which the funeral or deathbed visit is to occur agrees to the transport in writing. A copy of the agreement will be provided to the warden of the releasing facility.

(5) The warden will prepare for the regional director the following packet on an inmate being considered for a funeral or deathbed visit and make a recommendation to the regional director:

(a) A cover memorandum which includes the request information and the warden’s recommendation,

(b) The sheriff’s or chief of tribal police’s request,

(c) The sheriff’s or chief of tribal police’s designee letter,

(d) The written agreement for transport if not being made by the sheriff or chief of tribal police of the county or jurisdiction in which the funeral or deathbed visit is to occur, and

(e) Documentation pursuant to paragraph (6)(d), if the inmate is housed in a Crisis Stabilization Unit or Transitional Care Unit.

(6) The regional director will review the automated inmate record and the documentation provided by the warden to determine the inmate’s suitability for the temporary transfer of custody. An inmate under sentence of death, housed in a Correctional Mental Health Institution pursuant to court order of commitment, or in close management will not be eligible to attend a funeral or deathbed visit. If the following conditions exist, an inmate will not be eligible to attend a funeral or deathbed visit unless it is recommended the condition be waived by the regional director in writing and approved by the Deputy Assistant Secretary of Institutions or designee. Decisions will be made on a case by case basis.

(a) The inmate has become a management problem and is under consideration for close management;

(b) The inmate has a prior history of escape or attempted escape (conviction is not required) and is presently close custody;

(c) The inmate has had one or more major disciplinary violations as defined in subsection 33-601.302(11), F.A.C., in the last six months;

(d) The inmate is housed in a Crisis Stabilization Unit or Transitional Care Unit unless a psychiatrist provides in writing that the inmate is suitable for temporary release pursuant to this rule.

(7) If the regional director approves the inmate for temporary release of custody, the warden or his or her designee will inform the sheriff or chief of tribal police by completing and faxing a written authorization to the requesting authority. The location of the inmate, when the inmate can be picked up, when the inmate is to be returned to department custody as determined by the regional director, and conditions of the transfer of custody if any will be included on the authorization.

(8) If the regional director disapproves the inmate, the warden or his or her designee will notify the requesting authority and document same in the inmate’s file.

(9) Prior to the temporary release from custody, the warden will notify in writing the sheriff or chief of tribal police of the custody requirements of the inmate for whom they are assuming custody.

(10) If an inmate is to be transported out-of-state for a funeral or deathbed visit, the inmate will sign a waiver of extradition for the purpose stated and the inmate's subsequent return to the department as a condition of the temporary transfer of custody to the other state.

(11) An inmate being temporarily released to attend a funeral or deathbed visit must agree to submit to substance abuse testing as a condition of the release to determine whether unauthorized or illegal substances were used while outside the custody of the department, and to pay for the cost of the testing if the results are positive.

(12) The warden or shift supervisor will:

(a) Verify the identity of the agent arriving at the institution to take custody of the inmate,

(b) Secure a receipt for temporary transfer of custody, and

(c) Ensure that there are no breaches of security and transportation requirements by the transporting agent that poses a threat to public safety.

(13) The warden or shift supervisor is authorized to refuse to relinquish temporary custody if any condition of this procedure is not met. The regional director will be informed immediately of such a decision.

(14) Upon return of the inmate to the custody of the department:

(a) Institutional staff shall provide a receipt to the agent returning the inmate, certifying the return of the inmate to department custody.

(b) The inmate shall be tested to determine whether alcohol, drugs or unauthorized controlled substances were used while the inmate was out of the department’s custody.

(c) The inmate shall be examined by medical staff.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. History–New 10-8-76, Formerly 33-7.03, Amended 4-25-86, 2-12-97, 11-16-97, Formerly 33-7.003, Amended 5-26-05, 2-20-13, 9-3-13.

33-601.602 Community Release Programs.

(1) Definitions.

(a) Cell Phone ‒ refers to a wireless communication device used to communicate with individuals via air signals and assigned a telephone number with area code.

(b) Center Work Assignment (CWA) – The portion of the community release program for inmates that allows placement at a community release center to assist with the maintenance, food service duties, or assignment to outside work squads while confined at the facility.

(c) Community Release Center – A correctional or contracted facility that houses community custody inmates participating in a community release program.

(d) Community Release Program – Any program that allows inmates to work at paid employment or at a center work assignment, and to participate in education, training, substance abuse treatment programs, or any other transitional program to facilitate re-entry into the community while in a community release center.

(e) Community Study Release – The portion of the community release program that allows inmates to attend an educational or vocational facility or participate in a training program in the community while continuing as inmates of the facility where they are confined.

(f) Community Work Release (CWR) – The portion of the community release program that allows inmates to work at paid employment in the community while continuing as inmates of the facility where they are confined.

(g) Community Volunteer Service – An activity that allows inmates housed at a community release center to voluntarily work with a governmental or nonprofit agency in the community.

(h) Extenuating Circumstances – Refers to overall positive adjustment, program participation, re-entry needs, length of time served on commitments, length of time served in a community release program, or other relevant classification factors that warrant consideration for placement in a community release program.

(i) Institutional Classification Team (ICT) – For the purposes of this rule, the ICT is the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designee. The ICT is responsible for making work, program, housing, and inmate status decisions at a facility and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(j) Net Earnings – Gross pay less withholding tax, social security deductions, and any legally required court ordered civil deductions.

(k) Non-advanceable date refers to an inmate’s release date that is restricted from continuous, monthly gain time awards over the entire length of the sentence, including:

1. Tentative release date based upon offenses occurring on or after October 1, 1995;

2. Presumptive parole release date (PPRD);

3. 100% minimum service requirements, such as the Prison Releasee Re-Offender Act located in Section 775.082, F.S., or Three-Time Violent Offender cases under Section 775.084, F.S.

(l) State Classification Office (SCO) – The office or office staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(m) Work Release Inmate Monitoring System (WRIMS) – A web site application used by community release facility staff to record information related to an inmate’s participation in a community release program.

(2) Eligibility and Ineligibility Criteria.

(a) Participation in a community release program is a privilege, not a guaranteed right of the inmate. Participation in CWR and CWA is voluntary and the inmate has a right to refuse participation once without adverse actions and may be considered for return participation in CWR or CWA.

(b) An inmate is ineligible for any community release program if he or she has:

1. Current or prior sex offense convictions;

2. Current or prior conviction for murder or attempted murder under Section 782.04, F.S.;

3. Current or prior conviction for aggravated manslaughter of an elderly person or disabled adult or attempted manslaughter of an elderly person or disabled adult under Section 782.07(2), F.S.;

4. Current or prior conviction for aggravated manslaughter of a child or attempted aggravated manslaughter of a child under Section 782.07(3), F.S.;

5. Current or prior conviction for aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic or attempted aggravated manslaughter of an officer, a firefighter, an emergency medical technician, or a paramedic under Section 782.07(4), F.S.;

6. Current or prior conviction for murder of an unborn child or attempted murder of an unborn child under Section 782.09(1), F.S.;

7. Current or prior conviction for attempted murder of a law enforcement officer under Section 782.065(2), F.S., or former section 784.07(3), F.S. (repealed 10/01/1995).;

8. Current or prior conviction for making, possessing, throwing, projecting, placing, or discharging any destructive device and the act results in the death of another person or for attempted making, possessing, throwing, projecting, placing, or discharging any destructive device and the act results in the death of another person under Section 790.161(4), F.S.;

9. Current or prior conviction for assisting self-murder or for attempted assisting self-murder under Section 782.08, F.S.

10. A guilty finding on any disciplinary report for escape or attempted escape within the last five years;

11. A current or prior conviction for escape covered by Section 945.092, F.S.;

12. A felony, Immigration and Customs Enforcement, or misdemeanor (for other than child support) warrant or detainer;

13. A misdemeanor detainer for child support, unless it can be established by the inmate’s classification officer that the detainer would be withdrawn upon payment of restitution, fines, or court ordered obligations and it appears that the inmate will earn sufficient funds to pay the obligation that has caused the detainer.

(c) In addition to the above, an inmate is ineligible to be considered for CWR or CWA participation if he or she has:

1. Been terminated from CWR or CWA for disciplinary reasons during the inmate’s current commitment, unless extenuating circumstances exist;

2. Been committed to or incarcerated in a state or federal correctional facility four or more times, unless extenuating circumstances exist;

3. Been found guilty of a disciplinary report and received disciplinary confinement as a result of the infraction, in the 60 days prior to placement in CWR or CWA;

4. The inmate was designated as a Mandatory Program Participation inmate (MPP-Y) and refused to complete or has an unsatisfactory removal from a substance abuse program that the inmate was required to complete at any point during his or her current period of incarceration, unless the refusal was based upon objections to the religious based content of the program, in which case an alternate non-deity based program will be offered and must be successfully completed. The removal of an inmate from a program for violation of program or institutional rules or for behavioral management problems constitutes an unsatisfactory removal from a program. The inmate shall remain ineligible until a comparable program is satisfactorily completed.

(d) In order to be eligible for consideration for placement in a community release program, an inmate must:

1. Be community custody in accordance with Rule 33-601.210, F.A.C., or have a recommendation for community custody currently under review;

2. Be in Department custody for 60 days and have at least 60 days to serve prior to initial placement in paid employment;

3. When assigned to CWA at a community release center, the inmate will remain in this status for 90 days or until within the timeframe for CWR, whichever in greater unless extenuating circumstances exist;

4. For inmates with non-advanceable dates, the inmate must be within:

a. 19 months of his or her earliest release date for CWA, or

b. 14 months of his or her earliest release date for CWR;

5. For inmates who do not have non-advanceable dates, the inmate must be within:

a. 28 months of his or her earliest release date for CWA, or

b. 19 months of his or her earliest release date for CWR; and

6. An inmate whose current commitment includes DUI-BUI Manslaughter, 4th DUI-BUI, Felony DUI-BUI, or DUI-BUI with Serious Injury must have successfully completed substance abuse treatment during the current commitment prior to being considered for CWA or CWR placement.

(e) If an inmate is otherwise eligible for a community release program, the Department will also consider the following factors to ensure community release placement is appropriate:

1. Arrest history, with particular attention to violent offenses or offenses in which the circumstances reflect that a sex act was intended, attempted, or completed;

2. Pending outside charges;

3. Disciplinary history, with particular attention to violence, escape risk, substance abuse, or sexual deviancy;

4. Substance abuse history;

5. Program needs, including re-entry;

6. Victim concerns;

7. The inmate’s skills, physical ability, and overall compatibility with the specifically requested community release program.

(f) The Secretary of the Department or his or her designee, who for the purpose of this paragraph shall be the Assistant Secretary for Institutions, shall have the authority to place an inmate who is in community custody at a community release center regardless of time constraints for the purpose of participating in a specialized work detail or program.

(g) Community release placements will be made to ensure inmates are housed and managed to promote public safety or the safety of specific individuals.

(3) Placement of Work Release Inmates.

(a) If an inmate is approved for community release program participation, the SCO shall approve the appropriate transfer with consideration to the requested locations and shall facilitate the inmate’s transfer to the approved location.

(b) If the location requested has no bed capacity to accept the inmate, the inmate will be placed on a waiting list for the next available bed.

(c) Any change to the facility assignment or diversion to another community release program facility must be approved by the SCO. This review will determine that the inmate’s needs can be served adequately at a different community release center.

(d) Inmates who are diverted to a community release center which they did not request due to lack of bed space at the requested location must be successfully complying with community release program rules and requirements in order to be considered for transfer from one facility to another.

(4) Inmate Conduct While on Community Release.

(a) During the inmate orientation process, which shall occur within three days of arrival at a community release center, inmates will be instructed of the following conduct requirements. Upon completion of the orientation program, the inmate shall be given Form DC6-126, Certificate of Orientation. Form DC6-126 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://flrules.org/Gateway/reference.asp?No=Ref-18567. The effective date of the form is 01/26. Inmates are required to:

1. Directly and promptly proceed to and return from their destination using the approved method of transportation and route designated by the correctional officer major or facility director of a contract facility. Inmates shall contact the facility upon arrival and departure of their destination.

2. Remain within the area designated for their community release.

3. Return to the facility to which assigned at the scheduled time. Inmates shall contact the facility prior to their departure from the community release activity.

4. Return to the facility to which assigned immediately if the approved community release activity ceases prior to the end of the scheduled time. Inmates shall contact the facility prior to their departure from the community release activity.

5. Refrain from consuming any alcoholic beverages or any narcotics or other drugs not lawfully prescribed to them.

6. Agree to submit to substance abuse testing as a condition of their participation in the program to determine whether alcohol, drugs or unauthorized controlled substances were used while on community release and pay for the cost of the testing if results are positive.

7. Work diligently, conduct themselves in a proper manner, and not engage in any prohibited conduct.

8. Contact the officer in charge when any unusual circumstances arise.

9. Make no contact with any individual on behalf of another inmate.

10. Refrain from entering into any contract without advance written approval of the correctional officer major or facility director of a contract facility.

11. If the primary client focus is children at any employment site, immediately report this to appropriate center staff.

(b) Inmates assigned to a community release program may be subject to electronic monitoring to ensure the safety and security of the public and are required to abide by the Community Release Center Electronic Monitoring Equipment Assignment Rules, Form DC6-199. Form DC6-199 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-06800. The effective date of the form is 5-16.

(c) An inmate with community release privileges shall not operate any motor vehicle of any kind unless previously authorized to do so by the correctional officer major or facility director of a contract facility, and in the event of such authorization, shall operate the specified motor vehicle only for the limited purpose for which authorization was given.

(d) Every inmate assigned to a community release facility shall immediately, upon arrival, sign Form DC6-102, Letter of Notice, or the inmate shall be terminated from the program. Form DC6-102 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-04120. The effective date of the form is 7-14. The inmate shall be furnished a copy of the Letter of Notice and must agree to abide by the conditions of the Letter of Notice.

(e) The classification officer or designated contract facility staff shall complete Form DC6-118A, Personalized Program Plan for Community Release Centers, on all inmates assigned to the community release center within 14 days of receipt of the inmate at the center. Form DC6-118A is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-11989. The effective date of the form is 06/20. The completed personalized program plan shall be signed by the inmate, the inmate’s classification officer, and the correctional officer major or the designated contract facility staff and facility director at contract facilities. Once the personalized program plan is signed, it shall be given to the staff member assigned to work with the inmate. Any changes in the personalized program plan shall be discussed with the inmate and shall be documented on Form DC6-118B, Personalized Program Plan – Modification Plan. Form DC6-118B is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://flrules.org/Gateway/reference.asp?No=Ref-18617. The effective date of the form is 01/26. The inmate’s progress towards achieving the goals of the personalized program plan shall be reviewed monthly with the inmate. The outcome of each review shall be documented on Form DC6-118C, Personalized Program Plan – Monthly Progress Review, and shall be entered into WRIMS. Form DC6-118C is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is 1-18-11. A copy of the Personalized Program Plan shall be printed and given to the inmate. Staff are authorized to schedule subsequent progress reviews upon request of the inmate.

(f) When the inmate is ready for release, a release plan shall be completed in order to assist the inmate in his or her release plans and the plan information shall be entered into WRIMS.

(5) Community Study Release.

(a) In order to be considered for community study release, an inmate shall submit a request on Form DC6-126, Inmate Request, to his or her classification officer, who shall forward the request to the SCO. After submitting the request, an inmate shall be considered for participation in the community study release program if:

1. The inmate meets all criteria outlined in this rule;

2. The conditions regarding the financial assistance, placement, time constraints, and aptitude are satisfied; and

3. The inmate has not been convicted of any murder, manslaughter, sexual battery, robbery, burglary, arson, aggravated assault, aggravated battery, kidnapping, escape, breaking and entering with attempt to commit a felony, aircraft piracy, or any attempt to commit the listed crimes if the program requires attendance at any state university or community college.

(b) Any inmate being considered for community study release shall be currently in a community release center and assigned to CWA or CWR.

(c) Inmates shall not enter into any agreement to secure a loan from any university, college, or private organization for the purpose of financing their education.

(d) Any inmate considered for community study release shall have monies from one or more of the following sources for tuition, books, and clothing:

1. Vocational rehabilitation;

2. Veterans benefits;

3. Personal finances;

4. The inmate’s family.

(e) Community study release programs shall not interfere with the inmate’s employment schedule or CWA duties. The inmate’s attendance at classes and transportation time must be scheduled to occur during non-working hours only, unless class attendance is required as part of the inmate’s employment.

(f) Participation in college level academic programs offered at community colleges or universities is limited to those inmates who demonstrate college-level aptitudes by satisfactory evidence of successful completion of college level academic coursework.

(g) The SCO shall have the authority to approve all requests for community study release, ensuring that the criteria specified in this rule are met.

(6) Upon identification by the Department, an inmate shall be considered for placement in a CWA or CWR, if the inmate meets all criteria outlined in subsection (2) of this rule.

(a) If the inmate meets all criteria in subsection (2) of this rule, the classification officer will enter a community release recommendation.

(b) The ICT shall review the classification officer’s recommendation and recommend approval, disapproval, or modification.

(c) The ICT recommendation shall be forwarded to the SCO.

(d) The SCO staff member reviewing the ICT recommendation will utilize the criteria in subsection (2) of this rule to determine the appropriateness for the inmate’s placement into CWA or CWR. The SCO staff member shall approve, disapprove, or modify the ICT recommendation.

(e) The classification officer will ensure the inmate is notified of the final decision.

(7) Status Changes of Inmates in Community Release Programs. The SCO shall have the authority to approve all status changes for inmates in a community release program, as long as the changes are consistent with the criteria set forth in this rule and with the safety and security of the public.

(8) Employment.

(a) Employment sought must be full time employment for at least 32 hours per week. If full time employment is not available, part time employment may be authorized until full time employment can be secured.

(b) The Department will not authorize an inmate to work at paid employment if:

1. The inmate will not receive wages commensurate with those received from the employer by comparable workers or the wages do not meet applicable minimum wage requirements;

2. The employer does not provide the inmate with workers’ compensation, or, if workers’ compensation insurance is not required by law, other medical and disability insurance to cover the inmate if he or she is injured while on the job;

3. The employer treats the inmate with less regard than other employees;

4. The employer expects more services from the inmate than of employees in comparable positions; or

5. The inmate wants to be employed at an establishment where:

a. The primary clientele focus is children;

b. There is a perception that children without parental supervision visit the establishment frequently;

c. Children are normally dropped off by parents to be supervised by the employment site staff; or

d. The primary focus of the establishment is the selling or serving of alcohol.

(c) No inmate shall be self-employed.

(d) Employment of an inmate with a relative is not precluded if:

1. The relative agrees to provide the inmate with pay commensurate to that which the inmate received for such employment prior to incarceration;

2. The Department determines that the relative is one who would promote the goals and objectives of the community release programs; and

3. All other conditions related to employment are satisfied.

(e) If the Department authorizes paid employment for an inmate with a given employer and subsequently receives and verifies information that the inmate is not being treated by the employer in a manner comparable to other employees, or it has been determined that it is not in the best interest of the Department, inmate, or public to remain employed with the employer, the correctional officer major or facility director will remove the inmate from such employment with that employer.

(f) The prospective employer shall sign Form DC6-124, Employer’s Community Work Agreement. Form DC6-124 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-04115. The effective date of the form is 7-14. Inmates engaged in paid employment are not considered employees of the state or the Department while engaging in or traveling to and from such employment.

(g) Presidential Executive Order 11755 provides that an inmate is authorized to work in paid employment in the community by a contract or on a federally funded contract if the following conditions are met prior to placement or participation in federally funded projects:

1. The worker is paid or is in an approved work training program on a voluntary basis.

2. Representatives of local union controlled bodies or a similar labor union organization management have been consulted.

3. Such paid employment will not result in the displacement of employed workers or be applied in skills, crafts or trades in which there is a surplus of available and gainful employment in the locality or impairs existing contracts for services.

4. The rate of pay or conditions of employment will not be less than those paid or provided for work for a similar nature in the locality in which the work is being performed.

(h) An inmate may be granted permission to change employment without adverse effects if:

1. The inmate’s current job is terminated for reasons not attributable to the inmate’s conduct;

2. Suitable employment becomes available which offers the inmate enhanced employment opportunities;

3. The employer is not a positive influence upon the inmate; or

4. The employer is not treating the inmate in a manner comparable to other employees as specified in this rule.

(i) Facility personnel shall visit the inmate’s place of employment for new employers within the first five days to verify employment. Documentation of on-site employment verification shall be placed in the inmate’s file by utilizing Form DC6-125, Employment Contacts, and shall be entered into WRIMS. Form DC6-125 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500 https://flrules.org/Gateway/reference.asp?No=Ref-18618. The effective date of the form is 01/26.

(j) There shall be a minimum of three employment contacts per inmate per month by facility personnel to substantiate attendance and discuss any problems that may have arisen. If the inmate has multiple part time jobs, the required contacts must be made at each place of employment. Two of the contacts shall be accomplished either through telephone calls or site visits to the inmate’s place(s) of employment, and documentation of the contacts shall be made on Form DC6-125 and shall be entered into WRIMS. One of the three monthly contacts shall be a personal on-site job check while the inmate is present on the job site. The documentation of the contacts shall be made on Form DC6-125 and placed in the inmate’s file and shall be entered into WRIMS for future reference.

(k) Facility personnel shall establish a primary and secondary job contact person at all employment sites. The primary and secondary contact person shall be named on Form DC6-125 and shall be entered into WRIMS.

(l) The employer shall provide a current work schedule for the inmate to the work release center each week prior to the inmate being allowed to depart for work. The inmate’s work schedule shall be entered into WRIMS.

(m) All inmates employed in the community shall be in staff custody no later than 12 midnight Eastern Standard Time (EST). Inmates will not be authorized to leave the facility to work in the community between 12 midnight and 5 a.m. (EST) unless an exception is made. Any exceptions must be reviewed and approved on a case by case basis by the warden over the community release center. No exceptions will be approved unless it is determined that the risk to the community is minimal, and the earning potential and rehabilitative benefits which the job offers the inmate are substantial.

(9) Clothing and Equipment.

(a) Inmates shall wear clothing suitable for the community release in which they are engaged.

(b) Inmates working at paid employment are authorized to obtain tools, clothing, and equipment normally required for their employment. An inmate working at paid employment shall be permitted to receive one drop-off of necessary clothing, tools, or equipment, including one bicycle, from an individual approved by the correctional officer major or contract facility director. In order to receive a drop-off, the inmate must submit Form DC6-236, Inmate Request, to the classification officer or designated contract facility staff listing the requested items, the name of the individual who will bring the items, and the date the inmate would like the items to be brought. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. The request shall be forwarded to the correctional officer major or contract facility director, who may approve some or all of the requested items based on the inmate’s need as dictated by his or her work assignment and the security or safety risk posed by the items. The correctional officer major or contract facility director may approve the proposed individual or require the inmate to submit the name of another individual for consideration. An inmate may not receive a drop-off without the approval of the correctional officer major or contract facility director.

(c) It is the responsibility of the inmate to ensure that the drop-off is executed by the individual specified on the approved Form DC6-236, on the date approved by the correctional officer major or contract facility director, and to communicate to the individual making the drop-off which items were approved. The correctional officer major or contract facility director may designate a time for the drop-off other than that requested by the inmate.

(d) Dropped-off items are subject to search prior to delivery to the inmate to ensure the items:

1. Were approved by the correctional officer major or contract facility director;

2. Are needed by the inmate to perform his or her work assignment;

3. Do not contain or conceal contraband; and

4. Do not pose a safety or security risk.

(e) An inmate may receive one additional drop-off of necessary tools, clothing, and equipment if he or she changes work assignments and the items are necessary due to the new assignment. The inmate must obtain approval for the drop-off as set forth in paragraph (b) above.

(f) Work release centers are authorized to coordinate with local charitable and nonprofit organizations to obtain clothing, tools, and equipment needed for use by inmates working at paid employment.

(g) Clothing, tools, and equipment required by inmates working at paid employment will not be purchased by the Department.

(h) Advancement of Funds. The facility director at a contract community release center, if authorized by contract, shall advance up to $75.00 to an inmate who needs money for clothing, equipment, tools, transportation or incidental expenses in order to begin working at paid employment. The financial plan for the disbursement of the inmate’s earnings, as provided in subsection (11), shall provide for the repayment of any such advancement of monies from the inmate’s earnings. If the inmate’s employment is terminated or if for any other reason the advancement of monies is not repaid from the inmate’s earnings, the advancement of monies remains a personal obligation of the inmate. Disciplinary action pursuant to Rule 33-601.314, F.A.C., shall be initiated to ensure due process for the collection of any unpaid portion of the advancement. All or part of the discharge gratuity as provided in Rule 33-601.502, F.A.C., shall be taken, but only if the Department finds that such action will not jeopardize the inmate’s ability to transition himself or herself into the community.

(i) Inmates assigned to a community release program are authorized to possess one cell phone each to assist these inmates in setting up job interviews, cementing family relationships, and establishing contacts necessary to increase their chances for successful reentry into the community.

1. Possession of a cell phone by an inmate is a privilege that may be forfeited by any inmate who fails to abide by the rules of the Department, or otherwise engages in misuse of this privilege. The only inmates that are allowed to possess or use a cell phone are those in one of the following statuses:

a. All inmates assigned to CWR;

b. Inmates assigned to CWA who are within 90 days of the CWR timeframes.

2. Inmates may only have non-contract (i.e., pre-paid or “pay-as-you-go”) cell phones. However, nothing in this rule precludes inmates from being added to the calling plans of family members.

3. Inmates are responsible for notifying the correctional officer major, facility director of a contract facility, or designated staff member upon the purchase of a cell phone or changes in cell phone number so that it may be properly recorded in the inmate’s file. Inmates may elect to have the cell phone dropped off subject to paragraphs (9)(c) and (d) of this rule. Failure to notify staff will result in:

a. The cell phone being deemed contraband and being disposed of per Rule 33-602.203, F.A.C.;

b. Disciplinary action being taken per Rule 33-601.314, F.A.C.; and

c. The inmate may be subject to removal from the community release program under section (13) of this rule.

4. The inmate, correctional officer major or facility director of a contract facility, and the designated staff member will acknowledge and sign Form DC6-2075, Cell Phone Rules and Regulations. Form DC6-2075 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-11990. The effective date of the form is 06/20. Refusal by the inmate to agree to the terms and conditions set forth in Form DC6-2075 and sign same will result in the cell phone being deemed contraband and being disposed of per Rule 33-602.203, F.A.C., and may result in disciplinary action and/or termination from the community work release program.

5. Upon acknowledgement of the DC6-2075 by the inmate, staff will:

a. Add the cell phone to the inmate’s Inmate Property List, Form DC6-224, denoting the make, model, serial number, and associated phone number. Form DC6-224 is incorporated in Rule 33-602.201, F.A.C. This information will also be entered into WRIMS; and

b. Inventory on the inmate’s DC6-224 the pre-purchased, pre-addressed, pre-postage paid bubble wrapped envelope that is to be purchased at the time of the cell phone purchase. The envelope will be used by staff to mail the cell phone to a predetermined family member or individual in the event it becomes necessary upon termination from the community release program.

6. Inmates are personally and solely responsible for the care and security of their cell phones. The Department and/or contract provider assumes no responsibility for theft, loss, damage, or vandalism to inmate cell phones, or the unauthorized use of such devices. In the event that a cell phone is damaged or destroyed by Department and/or contract facility staff during a routine search, emergency search, or while impounded, the warden or his or her designee shall cause an investigation to be made and action taken in accordance with Rule 33-602.203, F.A.C.

7. All cell phones on the property of the community release center or in an inmate’s possession are subject to search at any time or for any reason in accordance with Rules 33-602.203 and 33-602.204, F.A.C.

8. Use of the cell phone in any manner contrary to local, state, or federal laws, telephone company regulations, or Department or institution rules or regulations constitutes misuse and will be dealt with by the Department according to Rule 33-601.314, F.A.C. and applicable law.

9. An inmate shall not contact by telephone any Central Office or other departmental staff, except those staff assigned to the community release center in which the inmate is assigned, or any person who has advised the warden’s office, the correctional officer major or facility director of a contract facility that he or she does not wish to receive telephone calls from the inmate. Once the inmate is notified of this restriction, any further attempt to communicate by telephone will be considered a violation of this rule and will subject the inmate to disciplinary action and termination from the community release program.

10. Upon termination or removal from the community release program, the cell phone will be mailed to a predetermined family member or individual in the pre-addressed, pre-postage paid bubble wrapped envelope purchased in advance for this purpose. Cell phones will not be packed as inmate property. Staff will check the cell phone to ensure the SIM card is present and seal the envelope in the presence of the inmate prior to transport. However, if the cell phone has been deemed contraband or evidence and will be used in court or disciplinary proceedings, it will be retained and disposed of as provided in Rule 33-602.203(8), F.A.C.

(10) Transportation.

(a) Transportation for inmates engaged in community release programs shall be by the following means and be approved by the correctional officer major or contract facility director:

1. Employer furnished transportation, the driver of which must be approved by the correctional officer major or contract facility director;

2. Public transportation;

3. Transportation provided by family members or approved sponsors as defined in Rule 33-601.603, F.A.C.;

4. Bicycling;

5. Walking; or

6. Center provided transportation at contract community release centers only.

(b) Contract Community Release Centers:

1. Contract community release centers are authorized to assess a transportation fee from community release inmates not to exceed $3.00 each way for transportation provided by the contract work release center except as provided in subparagraph (b)3., below.

2. Inmates will utilize transportation authorized in paragraph (10)(a) of this rule, unless the warden over the contract community release center determines for public safety reasons another means of transportation is necessary.

3. Such facilities shall provide, at no cost to the Department or the inmate, transportation for medical or mental health services, religious services (if not provided at the community release center), attendance at substance abuse group meetings, and for shopping.

(c) In order to ensure that inmates are not working long distances from the center, the warden over the community release center shall establish maximum boundaries for employment sites based on the geographic location of the center. The maximum boundaries shall not exceed two hours travel time to the employment site from the center unless an exception has been granted. Any exceptions must be reviewed and approved on a case by case basis by the warden over the community release center, who shall assess whether the rehabilitative benefit to the inmate outweighs risks to public safety.

(11) Disbursement of Earnings.

(a) An inmate working at paid employment shall agree to deposit his or her total earnings less legally required payroll deductions, or other payroll deductions authorized by the Department, into his or her account in the Inmate Trust Fund. The Department shall have the authority to hold, disburse, or supervise the disbursement of these funds according to a prearranged plan of disbursement.

(b) Once an inmate is approved for paid employment, facility personnel, in consultation with the inmate, will establish a plan for the disbursement of earnings, based upon the needs, responsibilities, and financial obligations of the inmate. No change will be made in this plan of disbursement without the approval of the correctional officer major or facility director.

(c) The inmate’s plan for the disbursement of earnings shall include a provision that no less than 10% of his or her net income will be placed in savings for disbursement upon his or her release. While an inmate is assigned to a community release program, such savings may not be used for any inmate expenditure including subsistence payments, transportation fees, or weekly draws. The plan shall also include a provision that no less than 10% of net income will go toward the support of any dependents the inmate may have.

(d) All inmates participating in community work release programs shall be required to pay 55% subsistence, which shall be computed by factoring .55 (55%) times the inmate’s net earnings.

(e) Subsistence deductions will not exceed the state’s actual cost to incarcerate the inmate, as computed on a per diem basis.

(f) Subsistence deductions against individual inmate’s earnings will commence with the first labor compensation payment received by the inmate during his or her incarceration and will terminate with the last day of incarceration, regardless of the frequency of the employer’s payroll cycle. Inmates released from Department custody in the middle of an employer’s pay cycle will be responsible for subsistence for each day in the pay cycle that the inmate was in Department custody. Center staff will manually deduct final subsistence payments for this period from the inmate’s trust fund account. However, if an inmate fails to deposit his or her final earnings into his or her Inmate Trust Fund account, a 55% subsistence deduction will be made from the Inmate Trust Fund Account for the days owed by the inmate, based on the inmate’s release date, for which the State or the contract facility has not already been compensated. The assessment will be made based on the inmate’s last earnings deposited.

(g) An inmate who has been gainfully employed and becomes unemployed through no fault of the inmate’s action shall continue to be assessed for subsistence at the rate of $6.00 per day to the limit of funds available. If an inmate becomes unemployed through his or her actions, he or she shall continue to be assessed for subsistence to the limit of the funds available. Absent earnings to compute the subsistence deduction, the assessment will be made at the same per diem level as was deducted from the inmate’s last regular wages.

(h) A work releasee who is receiving Workers’ Compensation or sick pay shall pay subsistence fees commensurate with the rate set forth in paragraph (11)(d), above, based on the amount of compensation received, less any legally required payroll deductions.

(i) While in paid employment status, the inmate shall be responsible for reimbursing the Department for costs associated with the following:

1. Health, comfort items, and incidental expenses.

2. Medical and dental expenses.

(j) The inmate shall be required to disburse remaining funds for the following purposes:

1. Payments for the support of dependents.

2. Payment of restitution, fines or court costs, or to comply with a judgment from a court of competent jurisdiction regarding the payment of any obligation.

3. Payment of preexisting debts acknowledged by the inmate.

4. Savings to be accumulated for discharge.

(k) Subsequently, the inmate may request within seven days of the expiration of his or her sentence to establish an outside bank or credit union account. The correctional officer major or contract facility director shall evaluate and approve or disapprove such requests based on the following criteria:

1. Whether the inmate has followed applicable Department rules regarding deposit and handling of his or her income (e.g., whether the inmate deposited all paychecks in a timely fashion); and

2. Whether the account offers, or the opening of the account is contingent upon, initiating an additional contract beyond the establishment of a bank or credit union account (e.g., a credit card offer or requirement).

(l) An inmate is permitted to draw up to the amount permitted by Rule 33-203.201, F.A.C., from his or her account each week, provided the inmate has sufficient funds, it is in accordance with the inmate’s financial/budget section of his or her personalized program plan, and the draw is not taken from the savings required by paragraph (11)(c), above. The largest denomination of monies allowed is a five-dollar bill.

(m) Any requests for special withdrawal shall be made in accordance with paragraph (3)(a) of Rule 33-203.201, F.A.C. The amount of such requests will be limited to no more than 60% of funds available in the inmate’s trust fund account. Special withdrawal requests are limited to one per month unless an emergency arises, such as a sudden change of employment requiring the purchase of appropriate tools, clothing, or equipment. Emergency special withdrawal requests will be evaluated and approved or disapproved by the correctional officer major or contract facility director to ensure that the withdrawal is emergent in nature.

(12) Restitution.

(a) Unless there exist reasons not to order restitution, the Department shall require inmates working at paid employment, under the provision of Section 945.091, F.S., to provide restitution to an aggrieved party for the damage or loss caused as a result of the current offense of the inmate. For purposes of this rule, fines, court costs, liens, and court ordered payments shall be treated in the same manner as restitution.

(b) In those cases where the committing court orders restitution to the victim in a specific amount, the Department shall require inmates working at paid employment to pay restitution to the aggrieved party in the ordered amount.

(c) In the event that the committing court fails to order restitution or orders restitution but fails to state a specific amount, the Department shall require the inmate, as a condition of working in a paid employment program, to pay restitution to the aggrieved party in an amount to be determined by the Department pursuant to Section 945.091, F.S. Restitution which is imposed by the Department under this provision shall not be less than 10% of the inmate’s net earnings.

(d) If reasons exist not to order restitution, the Department shall state such reasons in writing. Reasons include:

1. No restitution is applicable;

2. The committing court expressly orders no restitution;

3. Restitution has already been satisfied;

4. There is insufficient information available to the Department in order to make a determination as to restitution;

5. The victim cannot be located;

6. There are no funds remaining after all Department obligations have been paid.

(e) Restitution requirements shall be recorded on Form DC6-123, Monetary Reimbursement Agreement, and current commitment obligations are to be entered in OBIS by the classification officer. Form DC6-123 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-04116. The effective date of the form is 7-14.

(13) Reasons for Removal from a Community Release Program. An inmate may be removed from CWA or CWR for any of the following reasons:

(a) The inmate violates any laws, rules, or procedures or tests positive for drugs or alcohol;

(b) Information is received concerning the inmate that is determined will adversely impact on the safety and security of the inmate, Department, or the community;

(c) There is reason to believe that the inmate will not honor the trust bestowed upon him or her; or

(d) If assigned to CWR, failure to obtain lawful employment within 60 days of placement will be cause for review by center staff utilizing Form DC6-198, Continuation in Paid Employment Evaluation, for determination of continued participation in a community release program. Form DC6-198 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-04114. The effective date of the form is 7-14.

(14) Process for Removal from a Community Release Program.

(a) When an inmate is removed from a community release program for negative behavior or unsuccessful participation in the program and placed in a secure facility, the inmate shall be recommended for termination from the program by his or her classification officer.

(b) The ICT shall review the classification officer’s recommendation and recommend approval or disapproval of the inmate’s termination.

(c) The ICT recommendation shall be forwarded to the SCO, who shall approve or disapprove the termination.

(d) If the SCO disapproves the termination, the SCO shall ensure that the inmate is returned to his or her previous community release status.

(e) Inmates in CWR are required to pay for their medical and dental expenses. If unable to afford these expenses, the inmate may be removed from the center and re-evaluated for appropriateness to remain at the center.

(15) Escape from a Community Release Program.

(a) Any time an inmate cannot be located at his or her authorized location, a BOLO (Be On the Lookout)/Warrant shall be requested and the inmate shall be recommended for termination from the community release program in the interest of public safety.

(b) Once located, the inmate shall be transferred to a secure facility.

(c) If, following investigation, it is determined that the inmate did not escape, as defined in Section 945.091(4), F.S., the procedures outlined in subsection (14) of this rule, shall be followed in order to review the inmate for reinstatement to a community release program.

(16) Citizen Committees. The correctional officer major or facility director of a community release center shall establish committees of volunteer citizens in the various communities of the state to assist the Department by:

(a) Aiding in the development of suitable employment in the community for those inmates who have been approved for participation in the community release program.

(b) Aiding in the development of study or training programs for inmates.

(c) Aiding in the re-entry and transition programs of the facility.

(d) Encouraging programs within the communities designed to acquaint citizens with the problems and needs of the released offender.

(e) Adding or establishing linkages between the community release center and the community.

(17) Program Facilities.

(a) The Department is authorized to utilize any facility, including a contract facility, under its jurisdiction to provide community release programs to inmates.

(b) Unless otherwise authorized by the Secretary or his or her designee, inmates participating in community release programs will be housed in a community release center.

(c) When funding is available, the Department is authorized to enter into written agreements with any city, county, federal agency, or authorized private organization for the housing of inmates on community release status in a place of confinement under the jurisdiction of such entity, and for the participation of these inmates in community release.

(18) Records Required. The Department shall keep a record of the following:

(a) Number of inmates placed in community release programs and furloughs authorized.

(b) Number of community release and furlough programs completed and the number of inmates terminated from the program and reasons therefore.

(c) Amount and disposition of inmate’s earnings.

(d) Number of inmates paying restitution.

Rulemaking Authority 944.09, 944.105, 945.091, 946.002, 958.09 FS. Law Implemented 944.09, 945.091, 946.002, 958.09 FS. History–New 12-7-97, Amended 4-13-98, 10-20-98, Formerly 33-9.023, Amended 3-14-01, 9-2-01, 10-27-03, 3-2-04, 10-28-04, 2-7-05, 2-22-07, 7-17-07, 4-10-08, 9-30-08, 1-18-11, 3-6-14, 7-14-14, 5-29-16, 6-9-20, 1-4-26.

33-601.603 Furloughs.

(1) Purpose. This rule sets forth guidelines for the utilization of type A and B furloughs.

(2) Definitions.

(a) Furlough – The program that allows inmates to visit in the community for specified purposes and under certain conditions.

(b) Correctional Officer Major – The chief correctional officer who is charged with the responsibility of the daily operation of a community correctional center.

(c) Approving Authority – For purposes of this rule, the term “approving authority” refers to the Secretary of the Department of Corrections or his designee who shall be the warden of a major institution or the select exempt service status employee who has oversight responsibility of a community correctional center.

(d) Relative – Relative is defined as a member of the inmate’s immediate family, i.e., parent, grandparent, brother, sister, spouse, child, grandchild, or legal guardian.

(e) Non-relative sponsor – A person approved through the furlough sponsor process who is not a relative of the inmate.

(f) Family Visitation – A visit with a relative for the purpose of re-establishing family ties.

(g) Non-Advanceable Release Date – A release date that cannot be reduced by the application of discretionary gain time.

(3) Policy Statement.

(a) Except as limited in this rule, the limits of confinement for inmates participating in the furlough program will be relaxed in area and in time to the degree necessary to allow the inmate to travel to the furlough destination, accomplish the purpose for which the furlough was authorized, and return to the facility. The limits will be specified in writing and the inmate will be advised of the limits prior to the issuance of a furlough.

(b) The department will allow inmates to leave the principal places of their confinement unaccompanied by a custodial agent for a prescribed period of time.

(c) The department shall have the authority to remove an inmate from the furlough program when the department determines that removal is in the best interest of the security and safety of the public, the department, or the inmate.

(d) The decision as to which inmates shall be allowed to leave the principal places of their confinement shall be based upon criteria set forth in subsection (6) of this rule.

(e) Inmate participation in the furlough programs shall be voluntary.

(f) Inmates who participate in the furlough programs shall at all times be considered in the custody of the department.

(4) Requirements and General Considerations.

(a) Participation in the furlough program is not a right, but a privilege that must be earned by the inmate.

(b) Federal inmates housed in state facilities, inmates placed with the department pursuant to interstate compact agreements, and inmates within the custody of the department shall be eligible for consideration for furlough privileges.

(c) The objectives of the furlough program is to contribute to the total rehabilitation of the inmate by any of the following means:

1. Easing the transition from prison back to the community.

2. Seeking employment that may be retained after the inmate is released from the facility.

3. Helping determine the inmate’s readiness for release.

4. Preserving family and community ties.

5. Permitting the inmate to develop or maintain occupational skills.

(d) General conditions applicable to participation in the furlough program are as follows:

1. An inmate who is furloughed to a sponsor shall remain in the company of that sponsor during the entire period of the furlough.

2. No inmate participating in the furlough program shall be allowed to operate any type of motor vehicle. Transportation shall be provided by the furlough sponsor or the facility. Public transportation shall be authorized when a furlough sponsor does not possess private means of transportation or when such transportation is required due to time or distance limitations. If public transportation is used, the cost of such transportation shall be paid by the inmate or sponsor.

3. Inmates who have contact with the community shall be subject to periodic drug testing. All inmates considered for furlough participation shall be subject to drug testing as a condition of their participation or consideration for the furlough.

(e) Clothing Requirements.

1. Inmates shall wear clothing suitable for the furlough program in which they are engaged.

2. In the event that suitable clothing is not available at the institution, the inmate’s family shall be required to furnish such clothing to the inmate. The control of civilian clothing for inmates on furlough will be covered by an institutional or center operating procedure.

(f) Upon request of the inmate, community and minimum custody inmates will be considered for furlough providing:

1. Objectives and goals specified in this rule will be met;

2. If a detainer exists from an outside agency, the detaining authority has, in writing, not objected to the inmate’s participation in the furlough program;

3. The purpose for the furlough is legitimate and within a recognized reason for granting furlough, as specified in this rule;

4. The interests of the safety and security of the community and department will be served;

5. Any additional requirements or conditions imposed for the particular type of furlough requested are met; and

6. There is cause to believe that the inmate will honor the trust bestowed upon him or her. All furloughs shall be verified by the approving authority for the legitimacy and authenticity of the furlough requested.

(5) Furlough Sponsors.

(a) All furlough sponsors must be at least 18 years of age and must produce identification to verify age and identity.

(b) Factors used in assessing the appropriateness of an applicant to serve as a furlough sponsor are:

1. The nature of the relationship between the inmate and the prospective sponsor;

2. Institutional security concerns;

3. The arrest record, if any, of the prospective sponsor. In the event that the prospective sponsor has a criminal record, the nature and extent of that record and the date of the offenses shall be weighed against the value of the relationship;

4. Any other factor that impacts the safety and security of the public, institution, or inmate;

5. Whether the potentional sponsor is a relative of the inmate, unless no such relative is available. In that event, a non-relative furlough sponsor shall be utilized.

(c) A furlough sponsor will not be approved if:

1. The applicant is under any active felony supervision;

2. The applicant has introduced or attempted to introduce contraband into any correctional facility within the last 10 years as documented by an incident report or evidenced by a finding of guilt by a court or administrative body;

3. The applicant has assisted or attempted to assist an escape or escape attempt from any correctional facility;

4. The applicant or inmate has committed a violation of department regulations during furlough activities in which the applicant has served as a sponsor within the last five years;

5. The applicant or inmate has given false information at any point during the application process, unless it is reasonably determinable that the incorrect information was provided as a result of an inadvertant or good faith mistake, omission, or clerical error.

(d) Approval to serve as furlough sponsor is subject to termination at any time for the reasons stated below:

1. Failure to disclose criminal activity;

2. Current criminal activity;

3. Violation of any rule set forth in Form DC6-152, Type A/B Furlough Sponsor Agreement, if the person is serving as sponsor for a type B furlough. Form DC6-152 is incorporated by reference in subsection (11) of this rule;

4. Infraction of furlough procedures;

5. Information acquired by the department that supports reasonable belief that the sponsor’s conduct or behavior does not promote the goals and objectives of the furlough;

6. Any other threat to the security, order, or rehabilitative objectives of the correctional system, or to the safety of any person posed by continued participation by the sponsor.

(6) Type A Furloughs.

(a) Type A furloughs are granted for the following purposes:

1. To visit a dying relative.

2. To attend the funeral of a relative.

3. For any other reasons deemed consistent with the public interest, including medical or mental health treatment, attendance at civil hearings, or to otherwise aid in the rehabilitation of the inmate.

(b) Other conditions that apply to type A furloughs are:

1. Inmates must be community or minimum custody;

2. Inmates must complete Form DC6-178, Type A Furlough Agreement. Form DC6-178 is incorporated by reference in subsection (11) of this rule;

3. The sponsor must complete and agree to abide by all conditions of Form DC6-152, Type A/B Furlough Sponsor Agreement;

4. Inmates must agree to any time or distance limitations placed on them and the imposition of special conditions as determined by the approving authority. The inmate will be advised of these conditions and must abide by these conditions until released from them by the approving authority;

5. An inmate shall abide by all conditions in Form DC6-178, Type A Furlough Agreement;

6. There are no limitations on the number of Type A furloughs that may be granted;

7. Inmates furloughed for a hospital stay may not require sponsorship;

8. Only one inmate will be released to a sponsor at a given time period for Type A furloughs.

(c) The type A furlough 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) Community Supervision Type A Furloughs.

(a) Pregnancy Furloughs.

a. Female inmates in the last trimester of pregnancy shall be considered for a Type A furlough if:

b. The inmate meets all criteria outlined in this rule;

c. The inmate is within 36 months of release unless serving a sentence with a non-advanceable release date or a current commitment of 1st, 2nd, or 3rd degree murder or attempt, in which case the inmate shall be within 15 months of her release date;

d. The chief health officer verifies that the level of medical care that will be rendered to the inmate outside the institution is comparable to or greater than that which could be rendered to the inmate within the institution.

2. A plan of community supervision shall be developed by the classification specialist and approved by the approving authority of the inmate’s facility, and arrangements shall be made for monitoring the inmate’s activities while on furlough.

a. The plan of community supervision shall include supervision contact by probation and parole services while the inmate is on furlough status. The furloughing facility shall contact probation and parole services in the city where the inmate will be residing during the furlough period and develop community control supervision contact standards. The developed plan will be attached to the furlough request.

b. The furloughing facility is responsible for the monitoring of the inmate’s progress while on the furlough. Monitoring shall include any changes in the inmate’s medical condition or any violations of the rules concerning the furlough. Any changes or violations detected shall be reported immediately to the appropriate authority of the furloughing facility.

c. Any violation of the conditions of the furlough shall be immediately reported to the approving authority.

d. The approving authority is authorized to terminate a pregnancy furlough any time during the furlough period for noncompliance with the conditions of the furlough. The pregnancy furlough shall be terminated within 1 week after a satisfactory 6 week postpartum examination.

1. The pregnancy furlough recommendation shall be forwarded to the approving authority who shall issue a final determination.

2. An inmate shall be considered for placement at the community correctional center nearest to her residence upon satisfactory completion of the pregnancy furlough.

(b) Medical Furloughs.

1. An inmate who in all medical probability is not expected to live more than 6 months from the date of the furlough request or is permanently incapacitated to such an extent that it is not reasonably foreseeable that he or she will be able to perpetrate a crime shall be considered for a Type A medical furlough. The inmate must meet all criteria outlined in this rule.

2. In order to be eligible for a medical furlough, the inmate must be recommended by the Chief Health Officer, Regional Health Services Director, and classification team, and the recommendation must be endorsed by the Assistant Secretary for Health Services. After the assistant secretary has endorsed the medical furlough based on all pertinent medical information and the above criteria, he shall forward the recommendation to the approving authority for review of security issues and for final determination. If approved, a plan of community supervision shall be developed by the classification specialist and approved by the approving authority of the inmate’s facility, and arrangements shall be made for monitoring the inmate’s progress.

(c) The plan of community supervision shall include supervision contact by probation and parole services while the inmate is on furlough status. The furloughing facility shall contact probation and parole services in the city where the inmate will be residing during the furlough period and develop community control supervision contact standards. The developed plan will be attached to the furlough request.

(d) The furloughing facility is responsible for the monitoring of the inmate’s progress while on the furlough. Monitoring shall include any changes in the inmate’s medical condition or any violations of the rules concerning the furlough. Any changes or violations detected shall be reported immediately to the appropriate authority of the furloughing facility.

(e) Any violation of the conditions of the furlough shall be immediately reported to the approving authority.

(f) The approving authority is authorized to terminate a medical furlough at any time during the furlough period for noncompliance with the conditions of the furlough or changes in the inmate’s medical condition.

(g) Upon the death of the inmate on furlough, staff performing community supervision shall contact the institution from which the inmate was released on furlough. The institution shall be responsible for providing notice of the death, the custody and disposition of the body, the distribution of the certificate of death, and the coroner’s report pursuant to Rule 33-602.112, F.A.C., Inmate Deaths.

(8) Type B Furlough Sponsors. In addition to the criteria outlined in subsection (5) of this rule, the following criteria apply to Type B furlough sponsors:

(a) A Type B furlough sponsor shall be a relative unless a relative is not available to serve as a sponsor or no relative meets the criteria to serve as a sponsor.

(b) The inmate who requests an applicant to become a type B furlough sponsor shall submit the appropriate request to his assigned center officer. The assigned center officer shall obtain an FCIC/NCIC criminal history background inquiry on the prospective furlough sponsor. The Correctional Officer Major of the community correctional center shall review the request and approve or disapprove the request based on criteria provided in subsection (5) of this rule. If disapproved, the correctional officer major shall provide the furlough sponsor applicant written notification of the decision and reasons why, a copy of which shall be included in the inmate’s record.

(c) Applicants approved to serve as type B furlough sponsors shall be added to an approved list for a period of six months. Pertinent information concerning the sponsor will be updated and approval to continue to serve as a sponsor will be reassessed every six months. If removed as a furlough sponsor, the sponsor shall be notified of the reasons for such a removal and reasons for removal shall be documented in the inmate’s record.

(d) In the event that any incident occurs involving the inmate or furlough sponsor while on type B furlough, the inmate’s assigned center officer shall prepare a report of the facts and a recommendation for review by the correctional officer major. The correctional officer major shall decide, based on the severity of the circumstances, whether approval should be withdrawn, and if withdrawn, shall provide the furlough sponsor with written notification of the decision, a copy of which shall also be included in the inmate’s file.

(9) Type B Furloughs.

(a) The goals of the type B furlough program are to motivate the inmate towards self-improvement, gradually reintegrate the inmate back into the community, strengthen family ties, and expose the inmate to beneficial programs.

(b) Prior to participation in the type B furlough program, the inmate and sponsor must participate in furlough orientation sessions.

(c) Type B furloughs aid in the rehabilitation of the inmate and are granted for family visitation, routine medical or dental appointments, community volunteer projects, employment interviews, mental health counseling, haircut appointments, church services, or substance abuse treatment meetings.

(d) Restrictions on type B furloughs.

1. Type B furlough destinations are limited to the state of Florida.

2. Other than family visitation and time constraints, there are no limitations on the number of type B furloughs which may be granted. Only one type B furlough for family visitation will be issued to an inmate within a given week, which, for the purpose of this rule, encompasses Monday through Sunday.

3. Type B furloughs will be authorized only for the period of time needed to travel to and from the furlough destination and to accomplish the purpose of the furlough. Time extensions on approved type B furloughs shall be granted by the approving authority or the center’s officer-in-charge in cases of emergencies which arise while the inmate is on furlough.

4. Except as noted in subparagraph (9)(d)3. of this rule, a type B furlough for purposes other than family visitation shall not exceed three hours. For family visitation an inmate shall not be granted more than a maximum of eight daylight hours. Factors that will be considered in determining the maximum number of hours granted an inmate for a family visitation furlough shall include the inmate’s need for furlough, degree of participation in programs, adjustment to the facility, and willingness to abide by the furlough conditions.

(e) Inmates who demonstrate satisfactory facility adjustment and program participation, meet all eligibility criteria, and have either served 5 calendar years or have completed one third of the sentence to be served, which ever is less, shall be eligible for consideration for a furlough for family visitation purposes. “Sentence to be served” is interpreted as being from the imposed date of sentence to the earliest release date. The following special conditions apply to family visitation furloughs:

1. The furlough must occur in a residential type facility that has telephone access. Hotel or motel rooms will suffice if a residential type facility is not available given the particular circumstances of the visitation;

2. Inmates will be required to call the facility when they arrive at their furlough destination and when they are departing from their furlough destination to return to the facility. In addition, at least one telephone contact with the inmate by facility staff shall be made to the location of the furlough to verify the inmate’s presence. The contact shall be documented on Form DC6-180, Sign-Out Sheet for Community Activity or Furlough. Form DC6-180 is incorporated by reference in subsection (11) of this rule;

3. Only one inmate will be released to a sponsor during a given time period for family visitation purposes.

(f) The approving authority for community correctional centers shall have the authority to approve participation in the type B furlough family visitation program for all inmates assigned to community correctional centers, contract work release, and contract community substance abuse treatment facilities. Once approval has been granted, the Correctional Officer Major or the program director at contract facilities shall have the authority to approve type B family furlough privileges on a case by case basis while ensuring that the criteria requirements and considerations outlined in this rule are met.

(g) An inmate granted type B furlough privileges must:

1. Agree to the conditions as outlined in Form DC6-179, Type B Furlough Request. Form DC6-179 is incorporated by reference in subsection (11) of this rule;

2. Be accompanied throughout the furlough period by the approved furlough sponsor; and

3. Adhere to the following procedures:

a. Inmates who reside in community correctional centers, contract work release facilities, or a community contract substance abuse treatment facility, upon approval by the Correctional Officer Major or program director, shall be permitted to leave the center on a sign-out basis not requiring a type B family visitation furlough approval for the following activities: routine medical, mental health, or dental appointments; community volunteer projects; employment interviews; haircuts; church services; substance abuse counseling; or seeking suitable residence.

b. All inmates to whom a type B furlough privilege has been granted must be signed out of and into the facility by an officer prior to departure from and upon their return from the furlough activity utilizing Form DC6-180, Sign-Out Sheet for Community Activity or Furlough.

c. A furlough sponsor must accompany an inmate to attend church services, substance abuse treatment meetings, hair appointments, or to participate in volunteer community projects. A furlough sponsor is not required to accompany an inmate when seeking employment, routine medical or dental treatment, or suitable residence.

(h) An inmate who is on a type B furlough for any activity except family visitation or church services shall call the community correctional center, contract work release facility, or community Tier IV drug treatment center in which the inmate resides at least once per hour during the furlough period. In the event more than one inmate is attending a function with a particular sponsor, that sponsor, rather than the inmate, is authorized to make the required call at least once per hour during the furlough period.

(i) Should an inmate’s arrest history, assessed needs, and public safety considerations necessitate imposition of special conditions as determined by the approving authority, the inmate will be advised of the conditions and must abide by them until released from the conditions by the approving authority.

(10) Removal From the Type B Furlough Program.

(a) The approving authority of a community correctional centers shall remove an inmate from the furlough program if:

1. The approving authority, following placement of the inmate in the type B furlough program, receives any information concerning the inmate that would adversely impact the safety and security of the community;

2. The inmate engages in any conduct that causes the approving authority to believe that the inmate will not honor the trust bestowed upon him;

3. The approving authority determines that it is not in the best interest of the safety and security of the community, the department or the inmate to continue the inmate in the type B furlough program.

(b) If an inmate is removed from the furlough program, the reasons for such removal shall be documented in the inmate’s file.

(11) Forms. The following forms are hereby incorporated by reference.

(a) DC6-178, “Type A Furlough Agreement”, effective 4-13-98.

(b) DC6-179, “Type B Furlough Request”, effective 4-8-10.

(c) DC6-152, “Type A/B Furlough Sponsor Agreement”, effective 12-25-08.

(d) DC6-180, “Sign-Out Sheet for Community Activity or Furlough”, effective 4-8-10.

Rulemaking Authority 945.091 FS. Law Implemented 945.091 FS. History–New 12-8-97, Amended 4-13-98, 10-20-98, Formerly 33-9.024, Amended 10-9-07, 12-25-08, 4-8-10.

33-601.604 Determination of Credit When Inmate Is Released in Error.

(1) When an inmate is released in error prior to satisfaction of the sentence, the facts surrounding the release will be collected by the Bureau of Admission and Release and provided to the Bureau of Classification Management.

(2) A preliminary determination will be made as to where the error occurred. If it is clear that an error was made on the part of the state, and there is no indication that the inmate reasonably should have known that the release was in error or before completion of sentence, based upon the length and number of sentences as reflected in the commitment documents and court orders, the out time will be awarded without the need for hearing.

(3) If it appears the inmate reasonably should have known that the release was in error or before completion of sentence, based upon the length and number of sentences as reflected in the commitment documents and court orders, a fact finding due process hearing will be held to determine if the inmate is due credit for the time out of custody.

(a) Credit will be applied if it is determined that the release involved no fault of the inmate.

(b) Credit will not be applied if it is determined that the inmate was aware of the error and made no attempt to notify the releasing authority.

(4) Credit will not be applied if the release in error was caused by another state or federal jurisdiction.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 7-11-00, Amended 7-3-05, 12-3-14.

33-601.605 Inmate Drivers.

(1) Definitions.

(a) Approving Authority refers to the Secretary of the Florida Department of Corrections or his or her designee, who will be the warden or assistant warden who has operational responsibility for a specific work release center.

(b) Commercial Motor Vehicle refers to any motor vehicle used on the streets and highways which has a gross vehicle weight rating (declared weight or actual weight) of 26,001 pounds or more, is designed to transport more than 15 persons including the driver, or is utilized to carry hazardous materials.

(c) DHSMV refers to the Department of Highway Safety and Motor Vehicles.

(d) Work Release Center (WRC) refers to a facility where a community based transition program for approved community custody inmates prior to release from custody is conducted.

(e) Paid Employment refers to the employment of a WRC inmate by an employer in the community for which the inmate receives a salary from the employer for work performed.

(2) License Requirements for Inmate Drivers in Paid Employment. Any inmate who operates a vehicle for paid employment purposes must have the required valid Florida Driver’s License. No inmate will be authorized to operate a vehicle that qualifies as a commercial motor vehicle without a valid Florida Commercial Driver’s License.

(3) Selection Criteria for Paid Employment Inmate Drivers.

(a) The inmate must meet the criteria for the work release program and not have a current or prior conviction in any of the following categories:

1. Any degree of murder or attempted murder,

2. Homicide,

3. Manslaughter,

4. Driving under the influence,

5. Driving while licensed suspended or revoked,

6. Kidnapping,

7. False imprisonment,

8. Escape, or a disciplinary report for escape or attempted escape for which the inmate was found guilty, or

9. Vehicle theft.

(b) The inmate must have demonstrated stability, maturity and satisfactory institutional adjustment for a period of six months.

(c) The inmate must be in community custody.

(d) The inmate must hold a valid Florida Driver’s License or be eligible for licensing.

(e) The inmate must have a favorable driving record which does not reflect any moving violations within the last three years prior to incarceration.

(4) The work release center classification officer considering an inmate as a paid employment driver shall review the inmate’s driving history utilizing the Kirkman Data Center database. Questions or concerns regarding the Kirkman Data Center database are to be directed to the work release coordinator in the Bureau of Classification and Central Records.

(5) Prior to driving an employer’s vehicle, a paid employment inmate driver must be authorized in writing by the approving authority.

(6) Obtaining licenses for non-licensed paid employment inmate drivers.

(a) When an inmate who does not have a valid Florida Driver’s License on file is assigned as a paid employment inmate driver, the classification officer shall contact the nearest DHSMV Driver’s License Office by telephone and arrange for the license examination.

(b) A correctional officer shall escort the inmate to DHSMV for the scheduled appointment and shall remain with the inmate while he or she completes the license examination.

(c) Routine fees for driver’s examinations, licenses and renewals will be paid by the inmate. Any additional costs to obtain a driver’s license will be the financial responsibility of the inmate and will be paid directly to the DHSMV Driver’s License Office.

(d) Once the license is obtained, the correctional officer shall return with the inmate to the work release center, secure the driver’s license in the control room and provide the classification officer with any paperwork received from DHSMV for the inmate’s file.

(7)(a) Issuance of Paid Employment Inmate Driver’s Licenses. The correctional officer working in the control room shall issue the license to the inmate upon departure to his or her employment site from the work release center, and shall ensure that the license is returned to the control room upon the inmate’s return to the work release center. The correctional officer in control room shall document on the control room log every time a driver’s license is given to and received from an inmate. For security reasons, the license will be stored in the control room when not in use.

(b) The Correctional Officer in the control room will make the appropriate documentation on the Control Room Log, DC6-207, every time a driver’s license is given to and received from an inmate. Form DC6-207 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Requests for copies to be mailed must be accompanied by a self-addressed stamped envelope. The effective date of this form is August 29, 2000.

(8) The sergeant at the work release center shall review each paid employment inmate’s driver’s license at least quarterly to ensure that the license is still valid and no traffic infractions (citations) have occurred since the inmate was authorized to drive. Should the license be invalid or any new traffic infractions (citations) discovered, notice shall be given to the approving authority who shall reassess the inmate’s authorization to drive. The approving authority shall, in writing, advise the correctional officer major or classification officer at the work release center whether the inmate is to remain a paid employment inmate driver.

(9) Driving privileges and restrictions for inmates at major institutions.

(a) Inmates housed at major institutions will not be permitted to operate state vehicles other than farm equipment or other off-highway equipment which does not require a driver’s license.

(b) Operation of a farm vehicle or other off-highway equipment must be approved in advance by the inmate’s immediate supervisor and the warden.

(c) Inmates shall be properly trained prior to using any of the above-listed equipment.

(d) Inmates assigned to community work squads are authorized to operate farm equipment or other off-highway equipment off institution grounds as a part of their work duties. Inmates so assigned will have their competency in operating the equipment verified by the Department of Corrections supervisor or, in the case of squads supervised by a non-Department of Corrections supervisor, verified by the non-department supervisor and approved by the Department.

(e) The inmate will only be permitted to have custody of the equipment keys when he or she is operating the machinery. The inmate will be instructed to return the keys to the DC supervisor or non-DC supervisor (for squads not supervised by a DC employee) for safe storage upon completion of the job assignment. Under no circumstances will equipment keys be left in the vehicle when not in use or when the vehicle is unattended.

Rulemaking Authority 944.09, 945.091 FS. Law Implemented 20.315, 322.03, 322.04, 322.15, 944.09, 945.091 FS. History–New 8-29-00, Amended 1-1-01, 12-30-03, 4-7-05.

33-601.711 Legal Visitors.

(1) An attorney may visit an inmate whom he represents if the inmate wishes to confer with the attorney and the attorney presents sufficient identification and evidence of his status as an attorney.

(2) An agent of an attorney (a law student, law clerk, paralegal, legal assistant, legal investigator or interpreter) working under the supervision of an attorney may visit an inmate whom the attorney represents, subject to all conditions applicable to the attorney, if the attorney provides a signed statement for each visit stating that the visit is for the purpose of a legal consultation and agreeing to supervise the assistant and to accept professional responsibility for business conducted by the agent on behalf of the attorney.

(3) If more requests for visits by attorneys and assistants are received than can be accommodated, attorney visits shall be given priority over visits by assistants.

(4) Legal visits should be scheduled between 8:00 a.m. and 5:00 p.m., Monday through Friday excluding holidays. A legal visit may be scheduled at other times if, in the opinion of the warden or his designee, such scheduling is necessary to avoid legal disadvantage to the inmate or undue hardship to the attorney.

(5) The warden shall provide an adequate area for attorneys and their representatives to visit their inmate clients in order to insure the privacy of such visits.

(6) Legal documents will not be exchanged between the attorney and the inmate unless the attorney notifies the officer in charge that the exchange of legal documents is necessary and allows a cursory inspection of the legal documents. The officer in charge is authorized to disapprove any legal document exchange if such exchange would present a threat to the security and order of the institution or to the safety of any person. If the attorney disagrees with the decision of the officer in charge, the duty warden shall be contacted to make the final decision.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47 FS. History–New 10-16-83, Formerly 33-5.11, Amended 3-8-98, Formerly 33-5.011, Amended 6-18-02.

33-601.7115 Consulate Visitors.

(1) A consulate officer may visit a foreign national inmate from the country that the consulate represents if the inmate wishes to confer with the consulate officer and the consulate officer presents sufficient identification and evidence of his status as a consulate officer. The inmate must be verified by Immigration and Customs Enforcement as a native of the country represented by the consulate.

(2) Consulate visits should be scheduled between 8:00 a.m. and 5:00 p.m., Monday through Friday excluding holidays. A consulate visit may be scheduled at other times if, in the opinion of the warden or his designee, such scheduling is necessary to avoid disadvantage to the inmate or undue hardship to the consulate officer.

(3) The warden shall provide an adequate area for consulate officers to visit their inmate citizens in order to ensure the privacy of such visits.

(4) Consulate documents will not be exchanged between the consulate officer and the inmate unless the consulate officer notifies the officer in charge that the exchange of consulate documents is necessary and allows a cursory inspection of the consulate documents. The officer in charge is authorized to disapprove any consulate document exchange if such exchange would present a threat to the security and order of the institution or to the safety of any person. If the consulate officer disagrees with the decision of the officer in charge, the duty warden shall be contacted to make the final decision.

(5) An attorney may accompany the consulate officer during a consulate visit pursuant to Rule 33-601.711, F.A.C., Legal Visitors and Rule 33-601.712, F.A.C., Use of Cameras and Tape Recorders by Attorneys.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-3-08.

33-601.712 Use of Cameras and Tape Recorders by Attorneys.

(1) An attorney may bring and use a camera to photograph his inmate client if he certifies in writing that the physical condition of the inmate client is relevant to a pending or prospective lawsuit, judicial or quasi-judicial proceeding, or administrative proceeding involving another agency, that he needs to photograph the inmate client to preserve evidence of such condition, and that he will comply with reasonable security procedures. No inmate shall be photographed without his consent. Photographs that might jeopardize security by showing the physical layout of the institution or in any other specific way shall not be permitted.

(2) When an attorney visits an inmate he may bring and use a tape recorder or video camera to record the conversation provided he agrees to comply with reasonable security procedures, to tape only his conversations with the inmate, and provided the inmate consents.

(3) The warden or his designee shall impose such requirements regarding inspections of cameras and tape recorders and the time, place and manner of their use as may be necessary to preserve institutional security.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 1-12-83, Formerly 33-5.091, Amended 3-8-98, 3-23-99, Formerly 33-5.0091, Amended 2-25-02.

33-601.713 Inmate Visitation – Definitions.

For purposes of Rules 33-601.713 through 33-601.737, F.A.C., the words and phrases noted below are defined as follows:

(1) “Actual Possession” refers to physical occupancy or control over property.

(2) “Approved Visitor” refers to a person who is approved by the assigned institutional classification officer, warden, or duty warden to visit an inmate and whose approval is documented in the automated visiting record.

(3) “Authorized Adult” refers to an approved visitor eighteen years of age or older who has notarized authorization to escort a minor and represent the minor’s parent or legal guardian should the minor need to be questioned or searched for visitation purposes.

(4) “Automated Visitation Scheduling System” refers to a Department-approved electronic scheduling service provided by a contracted vendor.

(5) “Automated Visiting Record (AVR)” refers to a computer subsystem of the Department’s electronic inmate database that automates visitor entry into and exit from institutions and records visitation information.

(6) “Background Check” refers to a process used by the Department to verify that an individual is the person they claim to be and to determine whether that individual has a criminal record.

(7) “Constructive Possession” refers to control or dominion over property without actual possession or custody of the property.

(8) “Criminal Activity” refers to an act that would be a violation of federal or state law if committed in the presence of a law enforcement official, regardless of whether the violation would be a felony or misdemeanor, and notwithstanding any potential penalty.

(9) “Criminal Intelligence Information” refers to information relating to an identifiable person or group of persons collected by a criminal justice agency in an effort to anticipate, prevent, or monitor possible criminal activity.

(10) “Emancipated Minor” refers to an approved visitor seventeen years of age or younger who has furnished written proof of emancipation attached to a completed Form DC6-111A, Request for Visiting Privileges. Form DC6-111A is incorporated by reference in Rule 33-601.715, F.A.C.

(11) “Family” refers to an inmate’s lawful spouse, children, parents, brothers, sisters, grandparents, great-grandparents, grandchildren, stepbrothers, stepsisters, stepparents, step-grandparents, aunts, uncles, nieces, nephews, foster parents, stepchildren, half-brothers, half-sisters, brothers-in-law, sisters-in-law, mothers-in-law, fathers-in-law, sons-in-law, and daughters-in-law.

(12) “Indefinite Suspension” refers to the withdrawal or voiding of an inmate’s or approved visitor’s visiting privileges for an unspecified period of time pursuant to Rule 33-601.731, F.A.C.

(13) “Institution” refers to a “state correctional institution” as defined in Section 944.02, F.S.

(14) “Institutional Classification Team (ICT)” refers to the team consisting of the warden or assistant warden, classification supervisor, a chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is considered a fourth member of the ICT when reviewing all job or program assignment, transfer, and custody recommendations or decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(15) “Maximum Capacity” refers to the capacity of an inside visiting park as determined by the State Fire Marshal.

(16) “Minor” refers to a person seventeen years of age or younger who is approved to visit, but who, when visiting, must be accompanied by a parent, legal guardian, or authorized adult who is an approved visitor.

(17) “Non-Contact Visiting” refers to visitation at authorized institutions where a structural barrier that allows verbal communication is used to prevent an inmate and approved visitor from having any form of physical contact while visiting.

(18) “Reasonable Suspicion” refers to a particularized basis for suspecting a person of criminal activity that is supported by specific and articulable facts.

(19) “Regular Visit” refers to an approved visit between an inmate and an approved visitor on the inmate’s automated visiting record that occurs in accordance with Rule 33-601.722, F.A.C.

(20) “Request for Visitation Privileges” refers to Form DC6-111A, which must be completed by all prospective visitors twelve years of age and older and forwarded to the assigned institutional classification officer for resolution.

(21) “Scheduled Visiting Days” refers to the specific days and times an inmate is authorized to be visited pursuant to Rule 33-601.722, F.A.C.

(22) “Secured Facility” refers to any state correctional institution, federal prison, juvenile detention center, municipal jail, or other facility where an individual is confined pursuant to a court order or lawful arrest.

(23) “Security Threat Group (STG)” has the same meaning as set forth in Rule 33-601.800, F.A.C.

(24) “Service Animal” refers to a dog that is individually trained to do work or perform tasks for a person with disabilities. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of this definition.

(25) “Special Status Inmate” refers to an inmate who is not housed in the general population but is in a special classification status as outlined in Rule 33-601.733, F.A.C., who is prohibited or restricted from being visited based on their status.

(26) “Special Visit” refers to a visit authorized pursuant to Rule 33-601.722, 33-601.733, or 33-601.736, F.A.C., on a day, at a time, or for a duration of time other than an inmate’s regular visits, or with a person not approved in the inmate’s automated visiting record.

(27) “Suspension” refers to the withdrawal or voiding of an inmate’s or approved visitor’s visiting privileges for a specified period of time pursuant to Rule 33-601.731, F.A.C.

(28) “Unclothed Body Search” refers to the process whereby a person is required to remove some or all of their clothing, including undergarments, in order to have their body and clothing visually inspected for the purpose of finding contraband.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11, 9-24-12, 2-21-13, 3-6-14, 1-26-23.

33-601.714 Inmate Visiting – General.

(1) Inmate visiting is a privilege, not a guaranteed right of either the inmate or the visitor. Inmates are not assigned to specific institutions solely for the convenience of visiting privileges.

(2) All visitors are subject to Department rules, procedures, technical instructions and restrictions imposed as a condition of admittance and the directions of institutional staff while on institutional grounds.

(3) The warden, assistant warden, or duty warden is authorized to deny or terminate a visit if any of its aspects are disruptive or violate rules, procedures, instructions, restrictions, orders, or directions. Any disruption or violation shall be entered on the AVR and shall subject the visitor to revocation or suspension of visiting privileges by the warden or designee and the inmate to disciplinary action.

(4) Posting of Policies.

(a) To ensure that all visitors are aware of Section 944.47, F.S., governing contraband, the warden or designee shall post the statute in a conspicuous place at the entrance to the institution or facility.

(b) The warden or designee shall display the visiting rule, procedures, and any technical instructions that do not impede the maintenance of the security of the institution in a manner that allows visitors to read them before they begin the institutional visiting entry process.

(5) Inmates shall be allowed to file grievances concerning visiting privileges in accordance with the provisions of Rule 33-103.005, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03.

33-601.715 Visitation Application Initiation Process.

(1) During the reception process, classification staff shall develop and maintain a computerized list of the inmate’s family members as defined in Rule 33-601.713, F.S., for placement on the automated visiting record. Placement of a name on the automated visiting record in and of itself is not approval to visit.

(2) The inmate shall be given up to fifteen copies of Form DC6-111A, Request for Visitation Privileges (http://www.flrules.org/Gateway/reference.asp?No=Ref-15207, and Form DC6-111B, Visitor Information Summary (http://www.flrules.org/Gateway/reference.asp?No=Ref-15208, within 24 hours after arrival at their permanent facility. Forms DC6-111A and DC6-111B are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of these forms is 03/23. The inmate shall be responsible for sending the forms to each family member or friend aged twelve years or older whom the inmate wishes to be placed in their automated visiting record. Minors aged eleven years and younger are not required to submit Form DC6-111A until they reach twelve years of age.

(a) Only visitors approved pursuant to Rule 33-601.718, F.A.C., shall be allowed to visit.

(b) The prospective visitor shall be required to complete Form DC6-111A, Request for Visitation Privileges, by filling in each line or inserting “NA” (not applicable) where appropriate. The prospective visitor can obtain a copy of the form from the inmate or retrieve a copy from the Department’s public website.

(c) The prospective visitor may submit the completed Form DC6-111A, Request for Visitation Privileges, via U.S. Mail to the classification department at the institution where visitation is being requested. Alternatively, the prospective visitor may submit the completed Form DC6-111A electronically as an attachment to an e-mail sent to the e-mail address for visitation applications at the institution where visitation is being requested.

(3) The institution classification staff shall conduct criminal history background checks on applicants requesting visiting privileges upon receipt of the visitation application. Subsequent background checks may be conducted by either classification staff or security staff.

(4) Upon transfer to a permanent institution or facility, each inmate shall be provided with a visitor information letter containing visitation information specific to that institution or facility to be mailed, at the inmate’s expense, to each approved visitor.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 1-10-12, 12-21-14, 3-2-23.

33-601.716 Visiting Record Management.

(1) The Bureau of Classification and Central Records will develop and maintain automated visiting records.

(2) Department staff will document all requests for visits, decisions made with regard to visiting, and pertinent comments on the automated visiting record.

(3) An inmate may have up to fifteen visitors twelve years of age or older on their automated visiting record. This includes visitors in approved or suspended status. No more than five of the visitors listed may be non-family members.

(4) An inmate will be permitted to remove or request to add visitors to their automated visiting record by completing Form DC6-111C, Remove/Add Visitor Request, which will be provided by institutional classification staff. Form DC6-111C 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, https://www.flrules.org/Gateway/reference.asp?No=Ref-00674. The effective date is October, 2011.

(a) Additions to an inmate’s visiting record will be allowed at any time, up to the limit of fifteen visitors.

(b) Removals from an inmate’s visiting record will be permitted once every twelve months pursuant to the following schedule:

1. An inmate with a DC number ending in “0” may request a change in January;

2. An inmate with a DC number ending in “1” may request a change in February;

3. An inmate with a DC number ending in “2” may request a change in March;

4. An inmate with a DC number ending in “3” may request a change in April;

5. An inmate with a DC number ending in “4” may request a change in May;

6. An inmate with a DC number ending in “5” may request a change in July;

7. An inmate with a DC number ending in “6” may request a change in August;

8. An inmate with a DC number ending in “7” may request a change in September;

9. An inmate with a DC number ending in “8” may request a change in October;

10. An inmate with a DC number ending in “9” may request a change in November.

(c) Approved changes will become effective during the first week of the month following an inmate’s designated month.

(d) An approved visitor whose visitation privileges are suspended will not be removed from an inmate’s automated visiting record. The inmate will not be allowed to remove the suspended visitor from their automated visiting record until the expiration of the suspension period or the month designated in paragraph (4)(b).

(5) A person who requests placement on an inmate’s automated visiting record will be referred to the inmate concerned. The inmate will be responsible for notifying prospective visitors of whether they have been approved for or denied visitation.

(6) An approved visitor will be permitted to be on the automated visiting record of all inmates who are family as well as one non-family inmate except as provided in subsection (7), below.

(7) A visitor who is approved as family on an inmate’s automated visiting record will not be considered for visitation with a non-family inmate if both inmates are housed at the same institution unless:

(a) The family-member inmate is transferred to another institution or released from incarceration.

(b) The visitor is already approved to visit a non-family inmate prior to the family-member inmate being received at the same institution. Visitation will be allowed, but not on the same day.

(c) The visitor is already approved to visit a non-family inmate prior to the non-family inmate being transferred to the same institution housing a family-member inmate. Visitation will be allowed but not on the same day.

(8) An approved visitor who is on the automated visiting record of two or more family-member inmates at the same institution may visit the inmates at the same time.

(9) A visitor approved to visit a non-family inmate will not be removed from the automated visiting record of the inmate for purposes of visiting another non-family inmate at the same institution.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 9-29-03, 10-30-11, 1-26-23.

33-601.717 Visitation Denial.

(1) An applicant will not be denied visitation based on the disability, race, creed, color, or national origin of the inmate or applicant. Visitation will not be denied for any reason unrelated to the security, good order, or rehabilitative objectives of an institution.

(2) The assigned institutional classification officer has the authority to refuse to approve visitation for applicants with prior negative visitation behavior based on the security threat the behavior poses to an institution or institution staff, the nature of the behavior, and the time elapsed since the behavior occurred. Denial of visitation will be permanent if the applicant was involved in or assisted in an escape or attempted escape from any secured facility.

(3) Visitation will be denied if the applicant advocates or has advocated violence among inmates or against staff or the violation of any federal or state law or rule, or is a danger to the safety, security, or good order of an institution.

(4) Visitation will be denied during an emergency declared pursuant to Rule 33-601.722, F.A.C.

(5) An applicant will be denied permission to visit based on the following criteria:

(a) The applicant’s possession, introduction, or attempted introduction of contraband into any facility where the contraband is prohibited.

(b) The applicant’s escape or attempted escape, or their assistance in or attempt to assist in an escape or attempted escape from any secured facility.

(c) The nature and extent of the applicant’s criminal record, the consideration of which includes:

1. A family-member applicant’s release from incarceration in any jurisdiction for a felony conviction within the last two years if the applicant was not incarcerated at any time in the institution where visitation is requested.

2. A family-member applicant’s release from incarceration in any jurisdiction for a felony conviction within the last five years if the applicant was incarcerated at any time in the institution where visitation is requested.

3. The applicant’s release from incarceration in any jurisdiction for a misdemeanor conviction within the last year.

4. The applicant’s current community supervision status or termination from community supervision in any jurisdiction within the past one year.

5. If the disposition of an applicant’s arrest is not reflected in their criminal record, the disposition must be ascertained prior to approval or denial of the application. If additional documentation regarding an arrest is needed by the Department, the applicant will be responsible for providing official documentation showing the disposition and circumstances of the arrest in question.

(d) A non-family member applicant previously incarcerated in any jurisdiction for a felony conviction may be allowed visitation privileges only if the warden determines that the rehabilitative value of visitation outweighs the potential threat to security and any potential negative influence on the inmate. Factors to be considered in making this determination include the adjustment record of the applicant while incarcerated, the relationship of the applicant to the inmate during incarceration, the relationship of the applicant to the inmate prior to and after incarceration, the likelihood that the applicant can assist the inmate in successfully reentering society, and the length of time after release that the applicant has resided in the community without involvement in the criminal justice system. Visitor approval under this paragraph will be subject to the time constraints set forth in subparagraphs (5)(c)1., 2., and 3. of this rule.

(e) The applicant is a former employee of the Department or a Department contractor whose application must be evaluated pursuant to Rule 33-601.719, F.A.C.

(f) The applicant is a former Department volunteer whose conduct as a volunteer violated any Department rule or compromised in any manner the safety, security, or orderly operation of an institution.

(g) The applicant has committed repeated violations of departmental rules or procedures during one or more visits within the preceding five years.

(h) Either the inmate or applicant gave false or misleading information to obtain visitation privileges within the past six months, unless it is determined by the reviewing classification officer that the information was provided as a result of an unintentional error. Discovery of falsification of visitor information after a visitor has been approved for visitation will result in the suspension of the visitor’s visitation privileges pursuant to Rule 33-601.731, F.A.C.

(i) The applicant is a victim of the inmate’s current or prior offense with consideration of the nature of the inmate’s offense, the extent of the victimization, and the relationship of the victim to the inmate.

(j) The applicant is a co-defendant of the inmate in a current or prior offense.

(k) The applicant provided testimony, documentation, or physical evidence that assisted the prosecution in the inmate’s conviction or incarceration.

(l) The applicant has an active protection order or injunction against the inmate to be visited or the inmate has an active protection order or injunction against the applicant.

(m) The applicant is an illegal alien.

(n) The applicant’s visitation privileges with regard to any current inmate are temporarily suspended, suspended, or indefinitely suspended. The applicant will be eligible to request reinstatement upon the expiration of the suspension period, as described in Rule 33-601.732, F.A.C.

(o) The applicant’s visitation threatens the safety, security, good order, or effective management of an institution.

(6) A Department volunteer or intern will not be approved to visit at an institution to which he or she is assigned. Following termination or assignment to another institution, visitation at the former institution will not be approved until five years have elapsed.

(7) It is the warden’s duty to supervise and enforce the rules relating to the approval or denial of visitation privileges.

(8) The Secretary or designee, who for purposes of this rule will be the Assistant Deputy Secretary of Institutions, has the authority to review and modify the approval or denial of visitation privileges when it has been determined that doing so will further the inmate’s rehabilitation, ensure consistency with the Department’s rules, enhance public safety, or ensure the security of an institution.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.706, 33-601.707,Amended 5-27-02, 9-29-03, 6-15-06, 1-7-07, 8-6-12, 3-2-23.

33-601.718 Review of Request for Visiting Privileges.

In approving or disapproving visiting privileges, assigned institutional classification officer shall review Form DC6-111A, Request for Visiting Privileges, and shall consider all factors related to the security, order, or effective management of the institution. Form DC6-111A is incorporated by reference in Rule 33-601.715, F.A.C.

(1) Prior criminal records shall not automatically result in disapproval of visiting. The nature, extent, and recentness of the criminal convictions and adjudications withheld combined with the person’s relationship to the inmate shall affect approval or disapproval.

(2) The assigned institutional classification officer staff shall evaluate a person’s criminal history and visiting background using Form DC6-111D, Visitor Screening Matrix. Form DC6-111D is hereby incorporated by reference. A copy is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01038. The effective date of this form is 7-12.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 9-29-03, 3-22-12, 7-19-12.

33-601.719 Visiting by Former and Current Department and Contract Employees.

(1) Former Department and Contract Employees. The assigned institutional classification officer shall consider approving former department employees and former employees of a contractor who was under contract with the department for visiting privileges under the following circumstances:

(a) Employment termination is more than twelve months;

(b) During employment the applicant did not have a documented incident of any of the following:

1. Revealing or discussing security plans or procedures with inmates,

2. Security breaches or rule violations,

3. A personal or business relationship with an inmate. A personal or business relationship is any that goes beyond what is necessary for the performance of one’s job,

4. Problems which affected the security, order or effective management of the institution, or

5. Leaving employment under adverse conditions.

(c) Visiting shall not occur in the facility where the visitor was employed, unless five years have elapsed since the applicant left employment.

(2) Current Department and Contract Employees. Current department employees and employees of a contractor currently under contract with the department shall only be granted visiting privileges under the following conditions:

(a) The employee is a member of the inmate’s immediate family;

(b) The employee has not violated the conditions in subsection 33-601.719(1), F.A.C.;

(c) Approval for visitation in writing is required from:

1. The warden of the institution housing the inmate to be visited, and

2. The employing:

a. Warden (for institution staff),

b. Circuit administrator (for community corrections staff),

c. Regional director (for regional office staff), or

d. Assistant Secretary of Institutions (for central office staff).

(d) The inmate shall not be housed in the same facility as the immediate family member employee. Visiting shall not occur in the facility where the employee is employed.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.706, Amended 5-27-02, 9-29-03, 11-9-08.

33-601.720 Sex Offender and Child Abuse Offender Visiting Restrictions.

(1) An inmate shall not be authorized to visit with any person seventeen years of age or younger if:

(a) The inmate has a current or prior conviction under Chapter 794, 800, 827 or 847, F.S.; and,

(b) The conviction was for commiting or attempting to commit aggravated child abuse or commiting or attempting to commit a sex act on, in the presence of, or against a person fifteen years old or younger.

(c) Current and prior convictions from other jurisdictions comparable to the offenses listed above also serve as a basis for imposing visiting restrictions.

(d) Only the judge who issued an order imposing visitation restrictions may modify those restrictions.

(2) A warden is authorized to approve a visit between a minor who is accompanied by an authorized adult and an inmate who meets the criteria in subsection (1), above, if visiting is not restricted by court order and the warden determines the visit to be in the minor’s best interest. Factors to be considered are:

(a) An evaluation from a Florida licensed mental health counselor, marriage and family therapist, clinical social worker, psychologist or psychiatrist from the community, which reports the impact on the minor of such visits or the lack of visits;

(b) The duration and frequency of prior visits without adverse incidents;

(c) The availability of non-contact visiting facilities at the institution; and,

(d) Other factors related to the safety and best interest of the minor.

(3) The warden shall also consider the disciplinary history of the inmate when making the determination of whether to allow visitation. In order to be eligible to visit, an inmate must not have been found guilty of any of the following disciplinary charges in Rule 33-601.314, F.A.C., during the three months prior to the request for visitation:

(a) 1-1 Assault or battery or attempted assault or battery, with a deadly weapon;

(b) 1-2 Other assault or battery or attempted assault or battery;

(c) 1-3 Spoken or written threats;

(d) 1-4 Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like;

(e) 1-5 Sexual battery or attempted sexual battery;

(f) 1-7 Aggravated battery or attempted aggravated battery on a correctional officer;

(g) 1-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer;

(h) 1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

(i) 1-10 Aggravated battery or attempted aggravated battery on an inmate;

(j) 1-11 Aggravated assault or attempted aggravated assault on a correctional officer;

(k) 1-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer;

(l) 1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

(m) 1-14 Aggravated assault or attempted aggravated assault on an inmate;

(n) 1-15 Battery or attempted battery on a correctional officer;

(o) 1-16 Battery or attempted battery on staff other than correctional officer;

(p) 1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.);

(q) 1-18 Battery or attempted battery on an inmate;

(r) 1-19 Assault or attempted assault on a correctional officer;

(s) 1-20 Assault or attempted assault on staff other than correctional officer;

(t) 1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

(u) 1-22 Assault or attempted assault on an inmate;

(v) 2-1 Participating in riots, strikes, mutinous acts or disturbances;

(w) 2-2 Inciting or attempting to incite riots, strikes, mutinous acts or disturbances – Conveying any inflammatory, riotous or mutinous communication by word of mouth, in writing or by sign, symbol or gesture;

(x) 2-3 Participating in or inciting a minor disturbance;

(y) 2-4 Fighting;

(z) 3-1 Possession or manufacture of weapons, ammunition or explosives;

(aa) 7-6 Arson or attempted arson;

(bb) 9-1 Obscene or profane act, gesture, or statement-oral, written or signified;

(cc) 9-3 Breaking and entering or attempted breaking;

(dd) 9-7 Sex acts or unauthorized physical contact involving inmates;

(ee) 9-18 Unauthorized physical contact involving non-inmates;

(ff) 9-20 Extortion or attempted extortion; or

(gg) 9-22 Robbery or attempted robbery.

(4) Inmates shall not be permitted to visit with minors who are victims of their offenses unless a family court makes the determination that the visitation is necessary.

(5) If visitation is recommended, the custodial parent or guardian of the child must complete and sign Form DC6-138, Consent for Visitation with Minor Child. Form DC6-138 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 5-29-03.

(6) The warden is authorized to modify the visiting status if factors materially affecting the visiting privilege decision, such as a guilty finding for one of the disciplinary infractions listed in subsection (3), above, change. Modification of privileges and court modifications of previously imposed visiting restrictions shall be documented in the AVR by institutional staff.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.707, Amended 5-29-03, 9-29-03, 4-17-05, 4-10-08, 8-15-10, 8-30-16.

33-601.721 Visiting Operations.

(1) Each institution shall provide a visiting area that facilitates both indoor and outside visiting and is adequately staffed to maintain security and safety.

(2) Wardens shall ensure that games, small toys and other suitable activities are available for small children to assist visitors with keeping their children occupied during visitation. Purchases to replenish toys and items for other activities are authorized from the General Revenue Fund. Wardens may also accept donations of games, small toys and other suitable items from individuals or the community. Visitors shall not be charged for damaged or broken games or toys.

(3) Chaplains shall provide non-denominational religious material in the visiting park suitable for all religions.

(4) Staff shall conduct a comprehensive contraband search of the visiting area and the visitor parking lot before and after visiting.

(5) Inmates shall be required to conduct visits in a separately designated visiting area as determined by the warden or duty warden when visiting in the regular visiting area poses a threat to security, safety, or good order of the institution or any person.

(6) Wardens shall require non-contact visits when a contact visit poses a threat to security or good order of the institution.

(7) Staff shall minimize interaction with the inmate or their visitors unless the inmates or visitors are violating rules or procedures or are being disruptive.

(8) All visiting area staff shall participate in a minimum of four hours of annual training specific to operations of the visiting park and visiting in general.

(9) When the inside visiting park has reached its maximum capacity, the warden is authorized to utilize any of the following remedies to alleviate overcrowding:

(a) Other temporary visiting areas or structures;

(b) Asking earlier arrival visitors to voluntarily leave so that others may enter;

(c) Mandating early departures of visitors when voluntary departures are insufficient.

(10) Weather permitting, the outside visiting park shall be available for use by approved visitors at any time during regular visiting hours.

(11) Neither inmates nor visitors, including death row inmates and their visitors, shall be permitted to possess or use tobacco products as defined in Section 944.115(2)(d), F.S., during visitation.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.115, 944.8031 FS. History–New 11-18-01, Formerly 33-601.708, Amended 5-27-02, 9-16-03, 7-17-07, 2-13-12.

33-601.722 On-Site Visitation.

Pursuant to the Florida Statutes and case law, the Department has broad discretion in who may be permitted to enter a state correctional institution. In accordance with that discretion, and the Department’s statutory authority to promulgate rules regarding visitation, the Department provides the following limitations regarding on-site inmate visitation:

(1) Hours of Visitation. Standard visitation hours are defined as visitation between the hours of 9:00 a.m. and 3:00 p.m., Eastern Time (ET), or 8:00 a.m. and 2:00 p.m., Central Time (CT), on each Saturday, Sunday, and the days identified in subsection (6) of this rule. These hours may be reduced or suspended by the Secretary or Secretary’s designee for any reason stated in subsection (2). Additional on-site visitation hours outside of these days and times may be provided at the discretion of the Secretary or Secretary’s designee.

(2) Emergency Reduction or Suspension of Visitation. When the Secretary or Secretary’s designee determines it necessary, he or she may reduce or suspend visitation for an individual institution, the institutions in one or more regions, or all institutions statewide. The reduction or suspension of visitation privileges may occur only if warranted by the circumstances and required to promote the safety and security of an institution, inmates, staff, or the public. The reduction or suspension of visitation privileges will be limited to the duration of the threat or hazard posed. The Department will provide notice per subsection (7) of the general reason for the reduction or suspension of visitation privileges. The following criteria will be considered when determining whether a reduction or suspension of visitation privileges is appropriate:

(a) An imminent or current disturbance, uprising, strike, or riot, or the immediate aftermath thereof.

(b) An imminent or current institutional staffing limitation that creates or poses a significant threat to the safety and security of the institution, inmates, staff, or the public.

(c) Any incident of contraband introduction resulting in the interruption, cancellation, or modification of routine facility operations.

(d) Any emergency declared pursuant to Chapter 252, F.S.

(e) An imminent or current natural disaster, or the immediate aftermath thereof.

(f) Infection control issues that pose a significant potential health risk to inmates, staff, or the public.

(g) Any other extraordinary circumstance that creates or poses a significant threat to the security or safety of the institution, inmates, staff, or the public.

(3) Visitation at the institution is subject to the provisions of subsection 33-601.721(9), F.A.C., which may necessitate a limitation, reduction, or termination of visitation.

(4) An inmate’s visitation privileges are subject to limitation, restriction, or prohibition due to a disciplinary sanction or special status pursuant to Rule 33-601.731 or 33-601.733, F.A.C., respectively.

(5) Approved visitors must request to schedule visitation sessions by accessing the Department’s automated visitation scheduling system on the Department’s public website. Visitation requests shall be made in advance to the institution where visitation is being requested. Visitation requests must be submitted the Monday, Tuesday, or Wednesday immediately prior to the desired visitation date, during the times published on the Department’s public website.

(a) Institutions will initiate the visitation registration process at 8:15 a.m. (ET) or 7:15 a.m. (CT). To better facilitate the registration process, visitors will be allowed to park in designated spaces beginning at 7:30 a.m. (ET) or 6:30 a.m. (CT).

(b) Visitors will not be processed after 2:00 p.m. (ET) or 1:00 p.m. (CT) unless authorized by the duty warden.

(6) Absent the Secretary or Secretary’s designee’s reduction or suspension of visitation, all eligible inmates will be allowed visitation on:

(a) New Year’s Day;

(b) Martin Luther King, Jr., Day;

(c) Memorial Day;

(d) Independence Day;

(e) Labor Day;

(f) Veteran’s Day;

(g) Thanksgiving Day and the Friday following Thanksgiving;

(h) Christmas Day;

(i) Mother’s Day; and

(j) Father’s Day.

(k) If any of the days listed in paragraphs (6)(a) through (h) falls on Saturday, the preceding Friday will be observed as an authorized visitation day. If any of the days listed in paragraphs (6)(a) through (h) falls on Sunday, the following Monday will be observed as an authorized visitation day.

(7) The Department will provide notice of the on-site visitation schedule for each institution as follows:

1. On the individual institution’s web page,

2. On the Department’s website,

3. On a bulletin board at each institution accessible and viewable by inmates, or

4. In accordance with paragraph 33-601.714(4)(b), F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-5-05, 10-12-05, 1-26-23.

33-601.723 Visitation Check-In Procedures.

(1) Pursuant to Rule 33-601.722, F.A.C., approved visitors must have requested to schedule a visitation session in advance by accessing the Department’s automated visitation scheduling system on the Department’s public website and have been approved for the current session before arriving at the institution

(2) No more than five approved visitors, twelve years of age or older, may visit an inmate in the visiting area at any one time. Children eleven years old and younger do not count against the five approved visitors.

(3) A visitor’s initial check-in shall take place in a location that minimizes weather exposure and provides restrooms.

(4) Visitors shall be required to register for the current visitation session through the automated visiting record. Failing to do so or providing false information shall result in denial or termination of the visit and suspension of visitation privileges.

(5) All visitors sixteen years of age or older must present a valid form of picture identification for visitation registration. Acceptable forms of identification are identification cards that contain a photograph, current address, and date of birth and physical characteristics of the individual. Signatures are not required if the identification otherwise complies with all other standards of proper identification.

(6) A visitor seventeen years old or younger who cannot furnish proof of emancipation must be accompanied during a visit by an approved parent, legal guardian, or authorized adult and must remain under the supervision of that adult at all times, including when the minor is subject to being searched under the provisions of Rule 33-601.726, F.A.C. An authorized non-parental adult accompanying a visiting minor must provide a notarized document of guardianship from the minor’s parent or legal guardian (neither of which may be an inmate except as provided below) granting permission for the minor to visit a specifically identified inmate. The document shall be notarized by someone other than the non-parental adult accompanying the minor and shall be updated every six months from the date of issue. In cases where it can be determined that legal custody remains with the incarcerated parent or legal guardian and has not been given to another adult by the court, a notarized statement from the incarcerated parent or guardian shall be acceptable for purposes of authorizing children of the inmate to visit. Any such authorization remains subject to any relevant court orders or relevant departmental rules regarding the inmate’s contact with the minor in question. Falsification of a document of guardianship shall result in the person being subject to suspension of visitation privileges pursuant to Rule 33-601.731, F.A.C.

(7) All visitors twelve years of age or older are subject to periodic onsite background checks via fingerprint scan prior to entry into any institution.

(a) Without exception, entry into the institution will be denied if the background check reveals any of the following:

1. The visitor has an active warrant for their arrest;

2. The visitor has an active protective order or injunction against the inmate;

3. The inmate has an active protective order or injunction against the visitor;

4. The visitor has an open criminal case that is pending disposition;

5. The visitor has been arrested since becoming an approved visitor.

(b) If entry is denied pursuant to paragraph (a), the visitor will not immediately be advised of the specifics revealed during the background check and should contact institutional staff on the next business day for assistance.

(8) Should a visitor find it necessary to leave the visiting park prior to completion of the visit, the visitor shall not depart until institutional staff have verified the identity of the visitor and the presence and location of the inmate being visited. The visitor will not be allowed reentry unless approved by the shift supervisor or the duty warden. If reentry is approved, the visitor will proceed through the automated visiting record as required in this rule.

(9) A visitor is allowed to bring a service animal, as defined in Rule 33-601.713, F.A.C., into institutional visiting parks under the Americans with Disabilities Act (ADA). Under the ADA, a service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls.

(a) When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions:

1. “Is the dog a service animal required because of a disability?”; and

2. “What work or task has the dog been trained to perform?

(b) Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

(c) Allergies and fear of dogs are not valid reasons for denying access to people using service animals. When a staff member or other visitor who is allergic to dog dander and a person who uses a service animal must spend time in the visiting park, they both should be accommodated by assigning them, if possible, to different locations within the visiting park.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-17-06, 6-28-12, 2-21-13, 1-26-23.

33-601.724 Visitor Attire.

(1) Persons desiring to visit shall be fully clothed including shoes. Only religious head coverings are permissible. Visitors shall not be admitted to the visiting area if they are dressed in inappropriate attire. The warden, assistant warden or duty warden shall be the final decision authority and shall assist in resolving inappropriate attire situations. Inappropriate attire includes:

(a) Halter tops or other bra-less attire,

(b) Underwear type tee shirts,

(c) Tank tops,

(d) Fish net shirts,

(e) Skin tight clothing or spandex clothing,

(f) Shoes known as Heelys or any footwear with removable parts,

(g) Clothes made with see-through fabric unless a non-see-through garment is worn underneath,

(h) Dresses, skirts, or Bermuda-length shorts more than three inches above the knee,

(i) Any article of clothing with a picture or language which presents a potential threat to the security or order of the institution, or

(j) Military style camouflage clothing to include jungle (green), urban (grey or black), and desert (tan or brown).

(2) A visitor shall be subject to suspension of visiting privileges and the visit shall be terminated if, after admission to the visiting area, the visitor changes, removes or alters his or her attire so that it is in violation of the provisions of this rule.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Formerly 33-601.708, Amended 1-28-07, 10-8-07, 7-12-11.

33-601.725 Permissible Items for Visitors.

(1) Visitors shall be allowed to bring only authorized items listed into any department facility. Entry shall be denied if the visitor attempts to enter the institution or facility while possessing any unauthorized item or any authorized item in more than the approved amounts. Authorized items shall be removed by the visitor at the end of the visit. Authorized items include:

(a) Vehicle keys necessary to operate a motor vehicle. However, keyless entry devices are not permitted unless the duty warden or designee visually inspects the keyless entry device and determines that the device is the only means for the visitor to access a motor vehicle and does not pose a threat to institutional security.

(b) One form of payment, as designated by the warden of that institution or facility, to purchase snacks and beverages from visiting park canteens (where available) or vending machines. Where cash is permitted, the total amount shall not exceed $50.00 per visitor, regardless of age, in denominations of $1.00, $5.00, $10.00, and $20.00 only or in silver change. All snacks and beverages shall be purchased and consumed in the visiting area. At institutions that operate a visiting park canteen, a small wallet or pouch may be used to contain an authorized form of payment and any change received from the canteen or vending purchases.

(c) One (1) photographic identification card.

(d) Prescription medications. The Department reserves the right to prohibit individuals from bringing any medication into the facility that may pose a threat to the inmate population or institutional security. Visitor requiring medical injections must leave such items secured in their vehicles and will be allowed to depart the visiting area if an injection is required. Reentry into the visiting area shall be allowed in accordance with Rule 33-601.723, F.A.C. The visitor shall not be allowed to bring needles or syringes into any department facility or dispose of them on the grounds of any department institution or facility under any circumstances.

1. Visitors taking prescription medications are allowed only the dosage necessary for the visitation period.

2. Each prescription medication brought into any institution or facility must be in its original prescribed container. The use of one container for different types of medication will not be allowed.

3. Each container must have a clearly readable prescription label that shows:

a. The type of medication,

b. The dosage requirements, and

c. The individual’s name for whom the medication was prescribed.

(e) Feminine hygiene items enclosed in the original individual wrapping may be carried into the visiting park in a small pouch or bag.

(f) Hairbrush and comb.

(g) If the visitor is an authorized adult as defined in Rule 33-601.713, F.A.C., one (1) copy of a notarized authorization to supervise a minor.

(h) Visitors with authorized infants and small children shall be allowed to bring in:

1. Five diapers, three clear plastic baby bottles or two sipper cups for toddlers, one clear plastic baby pacifier and three clear plastic jars of baby food with the original seal intact;

2. Baby wipes or towelettes, provided they are in a clear plastic bag;

3. An infant or baby carrier for each infant. Baby carriers are subject to search before entry into the institution and visitors shall be required to remove the infant from each carrier during the search.

4. One set of infant clothing and a non-quilted blanket for each infant and toddler.

(i) Sunglasses.

(j) Small unopened package of facial tissues in clear plastic.

(2) A visitor who brings any item not listed above that is not considered contraband or illegal, or who brings more than the permissible amounts of authorized items, shall be required to find a secure location to store the items for the duration of their visit.

Rulemaking Authority 944.09, 944.23 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 7-1-03, 12-30-03, 11-25-04, 3-29-07, 10-8-07, 3-29-12, 1-26-23.

33-601.726 Visitor Searches.

(1) Visitors, visitors’ vehicles, and rental vehicles in visitors’ possession are subject to search at any time while on institutional property. A visitor who refuses a search as described below will have their current visit denied and their visitation privileges suspended as set forth in Rule 33-601.731, F.A.C.

(2) Authorized visitor searches include:

(a) Inspection of the interior and exterior of any hand-carried item in a manner that does not damage or destroy the item or impair its use. If the item would be damaged, destroyed, or impaired by the inspection, the visitor will not be permitted to bring the item into the institution.

(b) Manual and visual inspection of the visitor’s hair, hair piece, toupee, wig, hair extensions, facial hair, and scalp.

(c) Visual inspections of the visitor’s ears, nose, and mouth without the insertion of any instruments or the fingers of the individual conducting the search.

(d) Removal and inspection of the visitor’s shoes.

(e) Removal and inspection of the visitor’s exterior layers of clothing and accessories such as gloves, scarves, overcoats, or sweaters.

(f) After removal of any exterior layers of clothing and accessories, manual and visual inspection of the visitor’s first layer of clothing worn over the visitor’s underwear.

(g) Manual and visual inspection of stockings, socks, and diapers. If it becomes necessary to remove the diaper of an infant or toddler for inspection, written consent from the parent, legal guardian, or authorized adult must be obtained as provided in subsection (4), and the inspection must be done in the privacy of a search room by an individual of the same sex as the infant or toddler with the parent, legal guardian, or authorized adult present.

(h) Manual and visual inspection, including removal, of the harness, leash, or tether of a service animal.

(3) Methods of authorized searches may include:

(a) Manual and visual inspection as noted above.

(b) The use of metal detection devices.

(c) The use of K-9s.

(d) The use of drug ion scanner devices.

(e) Unclothed body searches after visitor consent and with supervisory approval.

(f) Body scanners operated in compliance with Florida Department of Health regulations.

(g) X-ray property/package scanners.

(4) Unclothed Body Searches.

(a) When security staff has a reasonable suspicion that a visitor is in possession of, or is attempting to introduce, any item of contraband into an institution, and the suspicion cannot be dispelled through less intrusive authorized search methods, security staff will request consent and approval for an unclothed body search.

(b) The visitor will be informed of the suspicion and asked to sign Form DC6-1018, Unclothed Body Search Consent. The visitor will be informed that refusal to consent to an unclothed body search will result in the denial of entry into the institution and the suspension of visitation privileges. Form DC6-1018 is hereby incorporated by reference. A copy of the form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-15075. The effective date of the form is 01/23.

(c) The parent, legal guardian, or authorized adult will sign the consent form and will be present if a minor is to be subject to an unclothed body search. The parent, legal guardian, or authorized adult will be informed that their refusal to consent to the unclothed body search will result in the denial of the minor’s entry into the institution.

(d) The warden or duty warden must approve an unclothed body search prior to the search being conducted. Approval will be given only after careful evaluation of the factual grounds that justify the search.

(e) Security staff of the same sex as the visitor must conduct approved unclothed body searches.

(f) Body cavity searches of visitors are not authorized. If a reasonable suspicion cannot be dispelled by a less intrusive search, the visitor will be denied entry into the institution.

(5) Visitor Vehicle Searches. When security staff possesses a reasonable suspicion that a visitor’s vehicle, or a rental vehicle in the visitor’s possession, contains or has been used to transport any item of contraband, the visitor will be informed of the suspicion and asked to sign Form DC6-1019, Consent to or Notification of Search. The visitor will be informed that refusal to consent to the requested search will result in the denial of entry into the institution and the suspension of visitation privileges. Form DC6-1019 is hereby incorporated by reference. A copy of the form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-15076. The effective date of the form is 01/23.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 1-25-05, 1-4-12, 6-28-12, 2-21-13, 1-26-23, 12-22-24.

33-601.727 Visitor Conduct.

(1) Visitors must conduct themselves in accordance with the following requirements while on department property.

(a) There shall be no loitering.

(b) Visitors are prohibited from using cameras on department property.

(c) Visitors shall not possess, introduce, attempt to introduce, conspire or otherwise agree to introduce contraband or illegal items into or onto the grounds of any department institution or facility nor shall they solicit, command, encourage, hire or request another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense. Violations shall result in the suspension of visitation privileges by the warden or designee. Contraband items not of an illegal nature shall be seized by staff when found and shall be returned only on the approval of the duty warden.

(d) Under no circumstances shall any department employee offer or be allowed to keep any item for the visitor.

(e) Visitors shall not play vehicle radios loudly while on department property.

(f) Visitors shall not yell or exhibit loud, boisterous, threatening language or disorderly behavior while on department property.

(g) Visitors shall keep accompanying children orderly during their visit so as not to disturb other inmates and visitors. If the visitor is unable to control his or her children, the visit shall be terminated and the visitor and children shall be escorted out of the institution or facility.

(h) Visitors shall not visit with any inmate except the inmate the visitor was admitted to visit or with any other visitor.

(i) A visitor shall not under any circumstances leave an unattended child or animal in any vehicle or elsewhere on department property while visiting.

(j) Visitors shall not give to or receive from the inmate any item of any description nor take any article whatsoever from the visiting area or grounds of the institution unless authorization is first obtained from the warden or duty warden. The only exceptions are food and beverage items purchased by visitors from vending machines or canteens (where applicable) and photographs purchased through the inmate photo project. The visitor may pass the food or beverage only to the inmate he or she is visiting. However, all food and beverages shall be purchased and consumed in the visiting area. The visitor shall not give cash, currency, or any other form of payment directly to an inmate.

(k) Visitors may exchange a brief embrace and kiss with the inmate to be visited once at the beginning and end of visit.

1. A visitor and inmate may hold hands if visiting park staff can observe the holding of hands. However, the holding of hands in the lap of either the visitor or the inmate is prohibited.

2. Small children of the inmate or of the visitor may be held by the inmate.

3. No other forms of affection or physical contact between visitors and inmates are authorized.

(l) Visitors who are nursing may breastfeed their babies during their visit. In the interests of safety and security, nursing mothers must cover their breasts with a non-quilted baby blanket while nursing. At no time shall the nipple of the mother’s breast be uncovered and exposed in the visiting park. A mother may choose to leave the visiting park to breastfeed her baby and she shall be permitted to reenter the visiting park subject to a search of her person and belongings. Nursing mothers shall not be directed to the institution’s restroom to breastfeed.

(2) Visitors shall be allowed to attend institutional church services and other special programs if consistent with security considerations.

(3) Those visitors with an authorized service animal, as defined in Rule 33-601.713, F.A.C., must ensure that their animal conforms with acceptable behavior. A service animal, must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls. A visitor is responsible for any and all damage caused by himself or the service animal. Department staff are not required to provide care or food for a service animal.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Formerly 33-601.708, Amended 5-27-02, 9-29-03, 3-29-07, 2-21-13, 6-18-13, 8-12-13, 1-26-23.

33-601.728 Inmate Visiting Appearance, Search, and Conduct.

(1) During visiting, inmates shall dress in accordance with Rule 33-602.101, F.A.C. Permanent inmates assigned to reception centers may wear a white shirt and white trousers during visitation. Inmates at work release centers whose work assignments are at the center may wear white shirts and white trousers during visitation.

(2) Inmates shall be strip-searched before and after visiting. Staff will conduct searches in accordance with Rule 33-602.204, F.A.C.

(3) Inmates shall not visit with anyone other than their authorized visitors.

(4) The inmate shall not pass items to another inmate or to a visitor or accept items from another inmate or a visitor except as specified in Rule 33-601.727, F.A.C.

(5) Inmates shall not be loud, boisterous, threatening, or disorderly during a visit or while in the visiting area.

(6) Inmates may briefly embrace and kiss each visitor once at the beginning and end of each visit.

(a) Inmates may hold their small children or the children of their visitors.

(b) Inmates and their visitors may hold hands if the holding of hands can be observed by visiting park staff. However, the holding of hands in either the visitor’s or inmate’s lap is prohibited.

(c) No other forms of affection or physical contact between inmates and visitors are authorized.

Rulemaking Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 3-6-14.

33-601.729 Denial or Termination of Visits.

(1) A warden or duty warden shall be authorized to deny or terminate a visit for the following reasons:

(a) The visitor is or appears to be under the influence of drugs or alcohol;

(b) The visitor refuses or fails to produce a valid photographic identification or falsifies identifying information;

(c) Visiting space is limited and remedies authorized in subsection 33-601.721(10), F.A.C., have been exhausted;

(d) The inmate has already received his or her authorized visits and has departed the visiting area;

(e) The visitor is disruptive or the children accompanying the visitor are disruptive;

(f) The visitor is not on the inmate’s approved visiting list;

(g) The visitor, having been admitted to visit one inmate, attempts to visit another inmate that he or she is not authorized to visit;

(h) The inmate refuses to visit with the visitor. Such refusal shall be made in writing by the inmate and placed in the inmate’s file. If the inmate refuses to make a written refusal, the staff witnessing the refusal shall make a notation in the inmate’s file regarding the refusal. The refusal shall also be noted in the inmate’s AVR.

(i) The visitor does not and can not meet dress requirements for visitors;

(j) Emergency situations as declared by the warden or duty warden;

(k) A determination that the visit may jeopardize the security or safety of staff, inmates, others, or the institution;

(l) After completing a visit with one inmate, the visitor leaves the institution and attempt to re-enter to visit with a different inmate; or

(m) The visitor violates visitor’s conduct standards in Rule 33-601.727, F.A.C.

(n) A service animal violates visitor conduct standards in Rule 33-601.727, F.A.C. A visitor with a disability cannot be asked to remove his service animal from the premises unless:

1. The dog is out of control and the visitor does not take effective action to control it; or

2. The dog is not housebroken.

(2) Before considering denial or termination of a visit in progress due to violation of or failure to comply with any established rule or procedure, the warden or duty warden shall first attempt less severe alternatives if the violation does not pose an immediate threat to the security and order of the institution, including verbal warnings to the inmate and visitor about improper conduct. If the visit is denied or terminated, the visitor shall be interviewed and a statement recorded by staff prior to exiting the institution if the situation does not pose an immediate threat to the security and order of the institution.

(3) Before considering denial or removal of a service animal under paragraph (1)(n), above, the warden or duty warden must offer the visitor with a disability the opportunity to continue the visit without the animal’s presence.

(4) Reconsideration for Visitation. A visitor initially denied permission to visit for reasons other than for possession or attempted introduction of contraband and who corrects the problem causing the denial shall be granted visiting if not otherwise precluded by rule and if the inmate is not in the process of visiting with others.

(5) The warden or duty warden shall ensure that the inmate is notified of the denial of his or her visitor’s admission and the reasons as soon as the inmate can be located. Comments regarding the incident shall be made on the AVR system.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 2-21-13.

33-601.730 Visiting Check-Out Procedures.

(1) When an inmate ends the visit, all of the inmate’s visitors shall be required to depart the visiting park immediately.

(2) Upon completion of the visit the visitors shall not be cleared to leave the visiting park until the inmate with whom they visited is accounted for by institutional staff.

(3) Each visitor shall be logged out on the automated visiting record.

(4) No more than five adult visitors shall be allowed in the registration area at any time during checkout.

Rulemaking Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02.

33-601.731 Suspension of Visitation Privileges.

(1) Suspension of Inmate Visitation Privileges.

(a) Suspension of an inmate’s visitation privileges pursuant to paragraphs (1)(b)-(e) below will be considered by the ICT as a management tool independent of any disciplinary action or close management placement resulting from a listed infraction or incident. The ICT will consider the following factors when contemplating a suspension of an inmate’s visitation privileges:

1. The severity of the precipitating conduct/offense(s);

2. Whether allowing continued visitation privileges would present a threat to the safe and secure operation of the institution, or to the security and operational integrity of the visiting area;

3. Whether the inmate’s placement or pending placement in a special status such as close management, administrative confinement, disciplinary confinement, or maximum management would, on its own, result in an appropriate visitation restriction;

4. Whether the suspension of visitation privileges would be a significant detriment to the inmate’s successful reentry into society by hindering maintenance of community and family ties.

(b) Suspension of an inmate’s visitation privileges will be considered by the ICT as a management tool when an inmate is found guilty of one or more of the following enumerated offenses set forth in Rule 33-601.314, F.A.C.:

1. Sexual battery or attempted sexual battery;

2. Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member, or visitor;

3. Aggravated battery or attempted aggravated battery on a correctional officer;

4. Aggravated battery or attempted aggravated battery on staff other than correctional officer;

5. Aggravated assault or attempted aggravated assault on a correctional officer;

6. Aggravated assault or attempted aggravated assault on staff other than correctional officer;

7. Possession of or manufacture of weapons, ammunition, or explosives;

8. Possession of escape paraphernalia;

9. Possession of narcotics, unauthorized drugs, and drug paraphernalia;

10. Trafficking in drugs or unauthorized beverages;

11. Manufacture of drugs or unauthorized beverages;

12. Possession of unauthorized beverages;

13. Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.;

14. Possession of negotiables – unauthorized amounts of cash where cash is permitted, cash where cash is not permitted, other inmate’s canteen coupons, other inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards, or any other negotiable item which is not authorized;

15. Unauthorized possession or use of a cellular telephone or any other type of wireless communication device or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a portable communication device prohibited under statute;

16. Possession of gang-related paraphernalia or related material, gang symbols, logos, gang colors, drawings, hand signs, or gang-related documents;

17. Non-death row and/or non-community release program inmates – possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers;

18. Death row inmates – possession of tobacco, other than authorized smokeless tobacco, or possession of tobacco-related products intended for use with smoking tobacco such as lighters or cigarette papers; introduction of tobacco or tobacco-related products to non-death row housing, or trafficking in such products;

19. Escape or escape attempt;

20. Sex acts or unauthorized physical contact involving inmates;

21. Unauthorized physical contact involving non-inmates;

22. Refusing to submit to substance abuse testing;

23. Use of unauthorized drugs, as evidenced by positive results from urinalysis test or observable behavior;

24. Gang-related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation.

(c) Suspension of an inmate’s visitation privileges will be considered by the ICT as a management tool when an inmate is found guilty of any infraction listed in Rule 33-601.314, F.A.C., that occurs during visitation, is reasonably connected to the visitation process, or is connected to a documented STG-related incident.

(d) Suspension of an inmate’s visitation privileges will be considered by the ICT as a management tool when an inmate is placed in close management for one or more of the following:

1. An incident causing death;

2. A pattern of predatory actions which makes an inmate a threat to others;

3. An act causing injury or an act which could have resulted in injury to another;

4. Any physical assault or battery on staff which caused injury;

5. The taking of a hostage or an attempt to take a hostage;

6. An escape or escape attempt from a secure perimeter;

7. An escape or escape attempt while under armed supervision while outside the perimeter of the institution;

8. The initiation or participation in a contraband trafficking operation involving negotiables, escape paraphernalia, or other items that present a threat to the safe and secure operation of the institution or facility;

9. Possession of unauthorized drugs, testing positive for drugs on a urinalysis test, possession of negotiables, escape paraphernalia, or other items that present a threat to the safe and secure operation of the institution or facility;

10. Documented leadership in a security threat group that is certified by the threat assessment review committee in central office.

11. Validated membership in a security threat group that has been certified by the threat assessment review committee in central office.

(e) Suspension of an inmate’s visitation privileges will be considered by the ICT as a management tool when an inmate is placed in close management for any incident listed in Rule 33-601.800, F.A.C., that occurs during visitation or is reasonably connected to the visitation process.

(f) The ICT will temporarily suspend the visitation privileges of any inmate subject to a pending investigation for escape, attempted escape, or possession of escape paraphernalia until the investigation is complete. If the inmate is found guilty in a disciplinary proceeding or is placed in close management, the ICT will consider suspension of the inmate’s visitation privileges pursuant to paragraphs (1)(b)-(e) of this rule. If the inmate is not found guilty or is not placed in close management, the ICT will immediately reinstate the inmate’s visitation privileges.

(g) If an inmate is found guilty in a disciplinary proceeding or is placed in close management for one or more of the offenses or incidents listed in paragraphs (1)(b)-(e) of this rule, the ICT will consider suspending the inmate’s visitation privileges for the length of time specified on Form NI1-102, Visitation Privileges Suspension Matrix. Form NI1-102 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://www.flrules.org/Gateway/reference.asp?No=Ref-15074. The effective date of the form is 01/23.

(h) If an inmate’s visitation privileges are suspended pursuant to this rule and the inmate is subsequently found guilty in a disciplinary proceeding or is placed in close management for one or more of the offenses or incidents listed in paragraphs (1)(b)-(e) of this rule, the inmate will be subject to an increased period of suspension as follows:

1. If the subsequent offense occurs within two years of a guilty finding or placement in close management for the same offense, the inmate’s visitation privileges will be suspended for the length of time specified on Form NI1-102 for subsequent offenses. This period of suspension will run concurrently with any period of suspension remaining as a result of the previous offense.

2. If the subsequent offense occurs within two years of a guilty finding or placement in close management for a different offense, the inmate’s visitation privileges will be suspended for the length of time specified on Form NI1-102 for an initial violation. This period of suspension will run concurrently with any period of suspension remaining as a result of the previous offense.

(i) In lieu of suspending an inmate’s visitation privileges when the inmate is found guilty of an offense listed in paragraph (1)(b) or (c) or is placed in close management for an incident listed in the paragraph (1)(d) or (e) of this rule, the ICT is authorized to consider placement of an inmate in non-contact visitation status as provided in Rule 33-601.735, F.A.C.

(j) When the suspension of an inmate’s visitation privileges is authorized pursuant to paragraphs (1)(b)-(e) above, the ICT may recommend to the regional director, as a management tool, a visitation suspension outside the time frames set forth in Form NI1-102, up to and including an indefinite suspension. An enhanced suspension will only be considered for those inmates who have demonstrated through documented behavior that they are a chronic and recurring management problem that threatens the safety of others or threatens the safety, security, order, or effective management of the institution. The ICT will submit a detailed recommendation to the regional director outlining the justification for an enhanced suspension. The recommendation and the regional director’s decision will be recorded in the Department’s electronic inmate database, and the inmate will be notified accordingly by institutional staff.

(2) Suspension of Visitor Visitation privileges.

(a) A visitor’s visitation privileges will be indefinitely suspended by the warden or designee when the visitor:

1. Is found to be in actual or constructive possession of unauthorized drugs or substances, including narcotics, depressants, stimulants, aromatic stimulants, hallucinogens, cannabis, any other type of intoxicant (excluding intoxicating beverages), or drug paraphernalia when on the property of an institution or when entering or exiting an institution, or is found passing, attempting to pass, accepting, or attempting to accept such items to or from an inmate.

2. Is found to be in actual or constructive possession of a firearm, ammunition, dangerous weapon, explosive, or explosive device, or is found passing or attempting to pass such items to an inmate.

3. Assists, facilitates, aids, or abets an inmate in escape or attempt to escape, or is found to be in actual or constructive possession of or passing or attempting to pass to an inmate any item or instrument that is capable of being used to aid in effecting or attempting an escape. Local law enforcement will be called in this instance.

4. Commits repeated visitation rule or procedure violations during one or more visits.

5. Visits or attempts to visit an inmate work area or walks or drives along the perimeter road or the grounds of an institution except in those areas designated specifically for inmate visitation or visitor parking.

6. Evidences intent to do harm to staff, inmates, or visitors.

7. Is found to be in actual or constructive possession of or is found passing or attempting to pass any of the following to an inmate: a cellular telephone or other portable communication device as defined in Section 944.47(1)(a)6., F.S.; any components or peripherals to such devices, including SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a portable communication device prohibited under the statute.

(b) A visitor’s visitation privileges will be suspended by the warden or designee when the visitor:

1. Passes or attempts to pass money or other form of currency to an inmate.

2. Is intoxicated or has consumed intoxicating beverages or is found in actual or constructive possession of intoxicating beverages on the grounds of an institution or is found passing or attempting to pass such items to an inmate.

3. Violates the visitor conduct standards set forth in Rule 33-601.727, F.A.C.

4. Is found to have had unauthorized communication with an inmate on a cellular telephone or other portable communication device as defined in Section 944.47(1)(a)6., F.S.

5. Participates in any criminal activity.

6. Falsifies information to obtain visitation privileges, including falsification of guardianship documents, unless it is determined that the information was provided as a result of an unintentional error.

(c) If a visitor is determined to have committed an offense listed in paragraph (2)(b), the warden or designee will suspend the visitor’s visitation privileges for the period of time specified on Form NI1-102, Visitation privileges Suspension Matrix. If a visitor’s visitation privileges are suspended pursuant to this rule and the visitor subsequently commits one of the offenses listed in paragraph (2)(b), the visitor is subject to an increased period of suspension as follows:

1. If the subsequent offense occurs within two years of the commission of the same offense, the visitor’s visitation privileges will be suspended for the length of time specified on Form NI1-102 for subsequent offenses. This period of suspension will run concurrently with any period of suspension remaining as a result of the previous offense.

2. If the subsequent offense occurs within two years of the commission of a different offense, the visitor’s visitation privileges will be suspended for the length of time specified on Form NI1-102 for an initial violation. This period of suspension will run concurrently with any period of suspension remaining as a result of the previous offense.

(d) The warden or designee may impose a length of suspension less than the maximum allowed by rule by considering the type of violation committed, the impact of the violation on the overall safety, security, or good order of the institution, and the number of prior visits without incident.

(e) Refusal of Consent to Be Searched Pursuant to Rule 33-601.726, F.A.C.

1. Pre-Entry Search First Refusal. A visitor who refuses to be searched prior to entry beyond the secured perimeter of an institution will have that visit denied. The visitor will also have their visitation privileges suspended for a period of up to 24 months from the date of the refusal. At the conclusion of the suspension period, the visitor will be eligible to apply for reinstatement in accordance with Rule 33-601.732, F.A.C.

2. Pre-Entry Search Second and Subsequent Refusal. A visitor who refuses to be searched prior to entry beyond the secured perimeter of an institution within one year of having their visitation privileges reinstated following a prior refusal will have that visit denied. The visitor will also have their visitation privileges indefinitely suspended from the date of the refusal. The visitor will be eligible to apply for reinstatement in accordance with the timeframes set forth in Rule 33-601.732, F.A.C.

3. Post-Entry Search Refusal. A visitor who refuses to be searched after entering beyond the secured perimeter of an institution will have their visit immediately terminated. The visitor will also have their visitation privileges indefinitely suspended from the date of the refusal. The visitor will be eligible to apply for reinstatement in accordance with the timeframes set forth in Rule 33-601.732, F.A.C.

4. Vehicle Search Refusal. A visitor who refuses a search of their vehicle, or of a rental vehicle in their possession, while the vehicle is on institutional property will have the current visit denied. The visitor will also have their visitation privileges indefinitely suspended from the date of the refusal. The visitor will be eligible to apply for reinstatement in accordance with the timeframes set forth in Rule 33-601.732, F.A.C.

(f) Active Warrant/Open Criminal Charges/Arrests Since Becoming an Approved Visitor Discovered Upon Entry. If a visitor’s background check conducted upon entry into an institution reveals an active warrant, an open criminal charge, or an arrest since becoming an approved visitor, the current visit will be denied, and the visitor’s visitation privileges will be temporarily suspended pending the outcome of any unresolved issues revealed by the background check. If the Department requires additional documentation regarding any arrests, open charges, convictions, injunctions, or warrants discovered in the background check, the visitor shall be responsible for providing official documentation showing the circumstances and disposition of any element of the background check that is in question.

(3) A suspended visitor will be notified in writing at their last known address via the U.S. Postal Service by the warden of the suspending institution utilizing Form DC6-1010, Notice of Suspension of Visitation privileges. Form DC6-1010 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://www.flrules.org/Gateway/reference.asp?No=Ref-15073. The effective date of the form is 01/23.

(4) The regional director will serve as the reviewing authority for all suspensions in which the warden or designee indefinitely suspends a visitor’s visitation privileges. The regional director will review the circumstances and evidence relevant to the suspension and decide whether to uphold, modify, or overturn the suspension. The regional director’s decision will be recorded in the Department’s electronic inmate database. The regional director will notify the warden of the suspending institution and the visitor in writing of their decision. A request for review by the regional director must be:

(a) Made in writing by the visitor;

(b) Postmarked no later than 30 days from the date of the postmark on Form DC6-1010; and

(c) Sent via the U.S. Postal Service to the regional director’s office in the region where the suspending institution is located.

(5) The Assistant Deputy Secretary of Institutions will serve as the final reviewing authority for decisions made by a regional director to uphold a warden or designee’s indefinite suspension of a visitor’s visitation privileges. The Assistant Deputy Secretary of Institutions will review the circumstances and evidence relevant to the suspension and decide whether to uphold, modify, or overturn the regional director’s decision. The Assistant Deputy Secretary of Institutions’ decision will be recorded in the Department’s electronic inmate database. The Assistant Deputy Secretary of Institutions’ office will notify the regional director and the visitor in writing of their decision. A request for review by the Assistant Deputy Secretary of Institutions must be:

(a) Made in writing by the visitor;

(b) Postmarked no later than 30 days from the date of the postmark on the regional director’s correspondence notifying the visitor of their decision; and

(c) Sent via the U.S. Postal Service to the Florida Department of Corrections, Attn: Assistant Deputy Secretary of Institutions, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

(6) The Inspector General’s Office is authorized to temporarily suspend the visitation privileges of an approved visitor who is involved in or is the subject of an ongoing investigation pending the outcome of the investigation.

(7) The suspension of a visitor’s visitation privileges at any institution will automatically result in a suspension of the visitor’s visitation privileges at all institutions for the duration of the suspension.

Rulemaking Authority 944.09, 944.115 FS. Law Implemented 944.09, 944.115, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Formerly 33-601.707, 33-601.708, Amended 5-27-02, 9-29-03, 10-4-07, 1-8-09, 10-23-11, 9-24-12, 12-9-12, 6-18-13, 11-4-14, 8-7-17, 1-26-23.

33-601.732 Reinstatement of Suspended Visitation Privileges.

(1) General Provisions.

(a) The suspending authority (i.e., warden, warden’s designee, or Regional Director) will serve as the reviewing authority for all requests for reinstatement of visitation privileges.

(b) All requests for reinstatement must be legibly handwritten or typed.

(c) An inmate must use Form DC6-236, Inmate Request Form, to submit their request for reinstatement to the suspending authority who issued the suspension pursuant to Rule 33-601.731, F.A.C. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(d) A visitor must use Form DC6-111A, Request for Visitation privileges, to submit their request for reinstatement to the classification officer where the inmate is currently housed. Form DC6-111A is incorporated by reference in Rule 33-601.715, F.A.C.

(e) A request for reinstatement may not be submitted more than ten calendar days prior to the expiration of the applicable waiting period as provided in this rule.

(f) All reinstatement decisions will be made in writing and will be provided to the inmate via institutional mail and sent to the visitor via the U.S. Postal Service to the visitor’s last known address.

(2) Criteria Considered for Reinstatement.

The warden, warden’s designee, or Regional Director, as the reviewing authority, will consider the following criteria when determining whether to grant or deny reinstatement of visitation privileges:

(a) The severity and circumstances surrounding the offense(s) for which visitation privileges were suspended;

(b) Whether reinstatement will pose a threat to the security of visitation operations, based upon the inmate’s disciplinary record and classification status as determined by Rule 33-601.210, F.A.C.;

(c) Whether the inmate or visitor have previously documented visitation-related incidents, disciplinary reports, or suspension of visitation privileges;

(d) Whether reinstatement of visitation privileges will benefit the inmate’s successful reentry into society by facilitating maintenance of community or family ties;

(e) The relationship between the visitor and the inmate;

(f) Whether the visitor has refused to consent to a visitor search pursuant to Rule 33-601.726, F.A.C.; and

(g) Any extenuating circumstances provided by the inmate or the visitor that would support the reinstatement of visitation privileges.

(3) Inmates and visitors whose visitation privileges are suspended for any reason other than refusing to consent to a search pursuant to Rule 33-601.726, F.A.C., are eligible to seek reinstatement of visitation privileges as follows:

Original or Modified Suspension Period Required Waiting Period before Submitting a Request for Reinstatement                            Required Waiting Period before Submitting a Subsequent Request for Reinstatement Following Disapproval of a Request for Reinstatement

1 year or less 6 months Ineligible

More than 1 year up to 2 years 1 year 6 months

More than 2 years 2 years 1 year

(4) A visitor whose visitation privileges are suspended for refusing to consent to a search pursuant to Rule 33-601.726, F.A.C., is eligible to seek reinstatement of visitation privileges as follows:

Original or Modified Suspension Period Required Waiting Period before Submitting a Request for Reinstatement                            Required Waiting Period before Submitting a Subsequent Request for Reinstatement Following Disapproval of a Request for Reinstatement

Up to 24 months for a

Pre-Entry 1st Refusal Ineligible Ineligible

Indefinite for a

Pre-Entry 2nd or Subsequent Refusal 3 years 1 year

Indefinite for a

Post-Entry Refusal 3 years 1 year

(5) In the event that an original suspension period is modified, the modified suspension period will be used to establish the required waiting period before submitting a request for reinstatement.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 2-13-12, 9-24-12, 8-7-17, 3-2-23.

33-601.733 Visiting – Special Status Inmates.

(1) Inmates in special statuses, except for medical reasons, are not considered inmates with regular visiting privileges and must have special approval to visit. Inmates in special statuses shall be prohibited or restricted from regular visiting due to adverse impacts on security and orderly institutional operation.

(a) During initial reception periods, inmates awaiting transfer to their initial permanent facility shall not be permitted visits. The warden or duty warden shall grant special visits, as outlined in Rule 33-601.736, F.A.C., if the inmate remains at the reception center more than 45 days.

(b) Inmates in administrative confinement, protective management, or disciplinary confinement status shall have visiting privileges as outlined in Rules 33-602.220, 33-602.221 and 33-602.222, F.A.C., respectively. The warden or designee shall determine whether an approved visit for inmates in one of the above statuses will be non-contact pursuant to Rule 33-601.735, F.A.C.

(c) Inmates in the youthful offender basic training program shall be allowed visiting in accordance with Rule 33-601.237, F.A.C.

(2) Upon placement in a special classification status where visiting privileges are prohibited or restricted, the warden shall ensure:

(a) That inmates are provided the opportunity, at the inmates’ expense, to notify at least three approved visitors of the prohibition or restriction before the next scheduled visiting day if the situation permits the inmate to do so, or

(b) That staff makes visitor notifications by phone if the inmate is unable to make them.

(3) Visitation for inmates in prolonged hospitalization, with serious medical conditions or terminal illnesses shall be allowed visits unless security or medical issues as determined by the warden and chief health officer preclude visitation. A decision shall be made on a case-by-case basis. If visitation is authorized, the warden, in consultation with the chief health officer, shall determine the visitation schedule and shall inform at least three members of the inmate’s immediate family. The regional director shall be informed in high notoriety cases before allowing visiting.

(4) An inmate housed in a mental health unit shall be permitted visits except as prohibited by the warden upon the advice of the chief health officer on a case-by-case basis.

(a) The warden shall prohibit an inmate housed in a mental health unit from receiving visitation where the warden determines that allowing the visit creates a substantial risk to the security of the institution, inmate, or visitor. In determining whether an inmate should be prohibited from receiving visitation the warden shall consider the custody level, special status, disciplinary history, and any other factors related to the security, order, or effective management of the institution.

(b) The chief health officer shall recommend prohibiting an inmate housed in a mental health unit from receiving visitation where the chief health officer has made or relied on a doctor’s determination that visitation with a particular individual or visitation in general is likely to cause substantial harm to the inmate or the individual visiting the inmate.

(5) A maximum management inmate shall be allowed to receive non-contact visits from approved visitors in accordance with Rule 33-601.820, F.A.C.

(6) An inmate in close management shall be allowed to receive visits from approved visitors in accordance with Rule 33-601.800, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Formerly 33-601.704, Amended 5-27-02, 12-25-08, 6-28-12.

33-601.735 Non-Contact Visiting.

(1) For purposes of this rule, non-contact visiting is a form of “in person” visitation and does not include video visitation as defined in Rule 33-602.901, F.A.C.

(2) When the Institutional Classification Team (ICT) determines that non-contact visiting is necessary in order to maintain the security and good order of the institution, the ICT shall make a recommendation to the warden who shall approve or disapprove the recommendation.

(3) The ICT shall consider the following factors in determining whether to place an inmate in non-contact status:

(a) Whether the inmate is a threat to the security of the institution,

(b) The inmate’s and his or her visitors’ past behavior during visiting,

(c) The inmate’s disciplinary history within the last five years involving drugs, contraband, violence, or visiting policy violations,

(d) Evidence or intelligence reports that an inmate has possessed, sold, or transferred drugs, alcohol, or money,

(e) Whether the inmate has a confirmed membership in a security threat group, and

(f) A positive drug or alcohol urine test.

(4) The ICT shall review non-contact visiting status a minimum of every six months to evaluate whether changes are necessary based upon the following:

(a) The seriousness of the incident or circumstances resulting in placement in non-contact status,

(b) The inmate’s history of repeated placement on non-contact status,

(c) The inmate’s overall adjustment history since placement in non-contact status, and

(d) The inmate’s disciplinary history during the last year involving drugs, contraband, violence, or visiting policy violations.

(5) The warden shall ensure that there is sufficient space for non-contact visiting based on space available and allowable visitors.

(a) Except as provided below, non-contact visits shall be scheduled for one two-hour visit per week unless an emergency exists or security concerns dictate otherwise. The warden shall determine the level of supervision and restraint required for all non-contact visits.

1. A CM II inmate is eligible to receive one three-hour non-contact personal visit by appointment only after each 14-day period during which the inmate has no major rule violations as defined in Rule 33-601.800, F.A.C., unless an emergency exists or security concerns dictate otherwise.

2. A CM III inmate is eligible to receive one four-hour contact visit by appointment only after each 14-day period during which the inmate has no major rule violations as defined in Rule 33-601.800, F.A.C., while in CM III status unless an emergency exists or security concerns dictate otherwise.

(b) Non-contact visit attendees shall be limited to a maximum of four adult visitors and as many minor visitors as can be accommodated at one time.

(c) More than four visitors can be allowed to visit an inmate on a given day, but visiting shall be on a rotating basis during the visiting period.

(d) Inmates are responsible for notifying visitors of their placement on non-contact visiting status.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 1-18-21.

33-601.736 Special Visits.

(1) The warden or duty warden is authorized to approve special visits, impose special conditions for visiting outside of the regular visiting schedule, and to make exceptions to the number of visitors allowed.

(2) Before approving a special visit for any person who is not in the inmate’s approved visiting record, institutional staff shall obtain a criminal history on the prospective visitor.

(3) The Visitor Screening Matrix, Form DC6-111D shall be used to evaluate the proposed visitor’s criminal record and visiting background in determining approval or disapproval of the special visiting request. Form DC6-111D is incorporated by reference in Rule 33-601.737, F.A.C.

(4) Requests for a special visit shall be made by the inmate on the Inmate Request, Form DC6-236 or in writing or by phone by an individual requesting a special visit. The request shall be submitted no less than five workdays in advance of the requested visit. The warden or duty warden shall approve or deny the request by the next working day after receipt. If it can be conclusively established that circumstances prevented the visitor from requesting a special visit within the five-day period, the warden or duty warden shall consider the request for a special visit. The inmate shall be responsible for notifying individuals approved for a special visit.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03.

33-601.800 Close Management.

(1) Definitions.

(a) Close Management (CM) – the separation of an inmate apart from the general population, for reasons of security or the order and effective management of the institution, when the inmate, through his or her behavior, has demonstrated an inability to live in the general population without abusing the rights and privileges of others.

(b) Close Management Levels – the three individual levels (CMI, CMII, and CMIII) associated with CM, with CMI being the most restrictive single cell housing level and CMIII being the least restrictive housing of the three CM levels.

(c) Critical Event – involvement of a CM inmate in one or more of the following events or behaviors: assignment to self-harm observation status, homicide, attempted homicide, escape, attempted escape, physical or sexual assault or battery, or attempted physical or sexual assault or battery.

(d) Housing Supervisor – a correctional officer sergeant, or above, who is in charge of a CM unit for a particular shift.

(e) Individualized Service Plan (ISP) – a dynamic, written description of problems, goals, and services that is developed and implemented by the multi-disciplinary services team and the inmate. An ISP shall be developed and implemented for each CM inmate who suffers from mental impairment, or is at significant risk for developing such impairment, as determined by mental health staff.

(f) Institution – refers to all state correctional institutions as defined in Section 944.02, F.S., and all private correctional facilities as defined in Section 944.710, F.S.

(g) Institutional Classification Team (ICT) – the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution, and for making other classification recommendations to the State Classification Office. At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department representative is final. The only exception to the above listed membership of the ICT is the makeup of the ICT at the designated CM facilities when considering the placement, continuance, modification, or removal of inmates from CM units. For these purposes, multiple ICTs consisting of the following members can be utilized:

1. Warden, a chief of security or a correctional officer with a rank and position no less than CM housing lieutenant, and the classification supervisor or a senior classification officer who does not have the inmate on his or her assigned caseload; or

2. Assistant Warden of Operations, a chief of security or a correctional officer with a rank and position no less than CM housing lieutenant, and the classification supervisor or, in his or her absence from the institution, the acting classification supervisor; or

3. Assistant Warden of Programs, a chief of security or, in his or her absence from the institution, the acting chief of security, and the classification supervisor or a senior classification officer who does not have the inmate on his or her assigned caseload.

(h) Institutional Classification Team Docket – the official record of an ICT hearing.

(i) Lewd or Lascivious Exhibition – an inmate commits a lewd or lascivious exhibition when the inmate does any of the following in the presence of a person who is not in the custody of the Department:

1. Intentionally masturbates;

2. Intentionally exposes the genitals without authorization; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity.

(j) Major Rule Violation – any assault, battery, or attempted assault or battery; any lewd or lascivious exhibition; any spoken or written threat towards any person; inciting, attempting to incite, or participating in any riot, strike, mutinous act, or disturbance; fighting; possession or trafficking of weapons, ammunition, explosives, cell phones, unauthorized drugs, escape paraphernalia, or any other item that presents a threat to the safe and secure operation of the institution; and any escape or escape attempt.

(k) Medical Staff – a health care professional whose primary responsibility is the provision of physical health care to inmates.

(l) Mental Health Staff – a health care professional whose primary responsibility is the provision of mental health care to inmates.

(m) Multi-disciplinary Services Team (MDST) – staff representing multiple professions and disciplines responsible for ensuring inmate access to necessary assessment, treatment, continuity of care, and services in accordance with an inmate’s identified mental health needs, and which collaboratively develops, implements, reviews, and revises an inmate’s individualized service plan as necessary.

(n) Offender Based Information System (OBIS) – the Department’s offender database system that is utilized to organize and store security, classification, program, and other offender information.

(o) Restricted Labor Squad – an armed supervision work squad consisting of individually shackled CMII or CMIII inmates who work outside the secure perimeter on institution grounds.

(p) Review – the evaluation of pertinent information or documentation concerning an inmate’s CM status to determine if changes or modifications are required or recommended.

(q) Security Threat Group (STG) – a formal or informal ongoing inmate/offender group, gang, organization, or association consisting of three or more members who have:

1. A common name or common identifying signs, colors, or symbols;

2. Members or associates who individually or collectively engage in or have engaged in a pattern of gang activity, criminal activity, or Department rule violations; or

3. Potential to act in concert to pose a threat or potential threat to the public, staff, visitors, other inmates or offenders, or the secure and orderly operations of an institution, probation office, other Department property, or Department activity or function.

(r) Senior Correctional Officer – a correctional officer lieutenant or above.

(s) State Classification Office (SCO) – the office or office staff at the central office level that is responsible for the final review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(t) Visit – an official tour and inspection of a CM unit by a staff member.

(2) Levels of Close Management.

(a) Close Management I (CMI).

1. CMI is the most restrictive single cell housing level of all the CM status designations.

2. An inmate assigned to CMI is ineligible for a work assignment.

3. An inmate may be placed in CMI without having previously been in CMII or CMIII.

4. Any of the following factors constitutes a basis for placement of an inmate in CMI status:

a. An incident causing death;

b. An act causing injury or an act that could have resulted in injury to another;

c. Any physical assault or battery on staff that caused injury;

d. The taking of a hostage or an attempt to take a hostage;

e. Instigation or incitement of a riot or disorder;

f. Creating or causing property damage in excess of $1,000;

g. Participation in or causing further institutional disruption during a riot or disorder during the inmate’s current term of incarceration;

h. An escape or escape attempt involving use of a weapon, outside assistance, use of equipment or tools to penetrate a secure perimeter, or violence committed during or while on escape;

i. An escape or escape attempt from a secure perimeter;

j. An escape or escape attempt while under armed supervision while outside the perimeter of the institution;

k. Possession of weapons, ammunition, explosives, flammables, or initiation of or participation in trafficking of these items;

l. Trafficking in drugs;

m. Participation in a sexual assault or battery;

n. An inmate who is currently CMII or CMIII and shows an inability to adjust as evidenced by one or more subsequent major rule violation(s);

o. Documented leadership in a STG that is certified by the threat assessment review committee in central office.

(b) Close Management II (CMII).

1. CMII is restrictive cell housing that may or may not be restricted to single cell housing.

2. An inmate may be placed in CMII without having previously been placed in CMIII. Any of the following factors constitutes a basis for placement of an inmate in CMII status:

a. An act or acts in the community, during other periods of confinement, or any circumstances associated with the current period of incarceration such that safety and security concerns regarding the institution, the staff, or the public suggest further review of the inmate is necessary prior to placement in general population;

b. A pattern of predatory actions that makes an inmate a threat to others;

c. An act causing injury or an act that could have resulted in injury to another;

d. An escape or an escape attempt from within the secure perimeter of an institution without violence, the use of weapons, the taking of hostages, the use of equipment or tools, or outside assistance;

e. Participation in a riot or disorder during any period of incarceration;

f. A pattern of behavior during the present period of incarceration involving acts of violence or threats of violence;

g. Initiation or participation in a contraband trafficking operation involving negotiables, escape paraphernalia (other than items listed in sub-subparagraph (2)(a)4.h.), or other items that present a threat to the safe and secure operation of the institution;

h. Presenting a risk to another inmate’s safety and well-being as identified by one or more acts that demostrate an inability to live in general population without endangering others;

i. An inmate who is currently CMIII and shows an inability to adjust as evidenced by one or more subsequent major rule violation(s).

(c) Close Management III (CMIII).

1. CMIII is the least restrictive cell housing unit in CM.

2. CMIII will only be used as a step-down placement for inmates in CMI or CMII. It will not be used as an entry point into CM.

(3) Procedures for Placement in Close Management.

(a) CM is the separation of an inmate from the general population, for reasons of security or the order and effective management of the institution, when the inmate, through his or her behavior, has demonstrated an inability to live in the general population without abusing the rights and privileges of others. The Secretary shall designate which institutions are authorized to house CM inmates based on the needs of the Department.

(b) When an inmate in general population has committed acts that threaten the safety of others, threaten the security of the institution, or demonstrate an inability to live in the general population without abusing the rights and privileges of others, the inmate shall be placed in administrative confinement pending CM review by the ICT. When an inmate in any other confinement status has committed acts that threaten the safety of others, threaten the security of the institution, or demonstrate an inability to live in a segregated population without abusing the rights and privileges of others, the inmate shall be housed in his or her current status pending CM review. Inmates being considered for CM who have completed disciplinary confinement and the final decision regarding CM placement has not been determined will be housed in administrative confinement until the review and decision is made by the SCO.

(c) The classification officer shall complete section I of the Report of Close Management, Form DC6-233C. Form DC6-233C is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-12598. The effective date of the form is 01/21. Upon completion of section I, the classification officer shall forward Form DC6-233C to the classification supervisor. The classification officer shall ensure that the inmate receives a copy of Form DC6-233C to prepare for the CM review. The staff member delivering Form DC6-233C to the inmate shall document on Form DC6-233C that the inmate was informed of his or her allotted time to prepare for the review. The inmate will be given a minimum of 48 hours to prepare for the review unless waived by completing a Close Management Waiver, Form DC6-265. Form DC6-265 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-12599. The effective date of the form is 01/21. The inmate may present information verbally or in writing for consideration by the ICT.

(d) When a pregnant inmate is placed in close management to protect the health and safety of the pregnant inmate or others, or to preserve the security and order of the institution, the senior correctional officer or above must make a report utilizing Form DC6-1015, Report of Placement in Restrictive Housing for Pregnant Inmates, clearly stating the following:

1. The individualized reason restrictive housing is necessary;

2. The reason less restrictive means are not available; and,

3. Whether a qualified healthcare professional at the correctional institution objects to the placement.

A copy of the report must be provided to the pregnant prisoner within 12 hours after placement in close management. Form DC6-1015 is incorporated by reference in Rule 33-602.220, F.A.C.

(e) Prior to docketing an inmate’s case for CM review by the ICT, the classification supervisor will submit a referral to the senior psychologist for evaluation of the inmate utilizing the Close Management Referral Assessment, Form DC6-128. Form DC6-128 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-03418. The effective date of the form is 12/13.

(f) Mental health staff will complete Form DC6-128, within five working days of receipt and return it to the classification supervisor.

(g) Upon receiving the completed Form DC6-128, the classification supervisor will submit the case for placement on the ICT docket.

(h) ICT Hearing. The ICT shall evaluate the recommendations for CM placement and the mental health assessment, interview the inmate, and consider all relevant information provided to the ICT by the inmate. The ICT shall ensure that the inmate was given a minimum of 48 hours to prepare for the review unless waived by completing Form DC6-265. The ICT shall document on Form DC6-233C that the inmate was allowed at least 48 hours to prepare for the review. The ICT shall inquire whether the inmate needs staff assistance. A staff member shall be assigned to assist an inmate when the ICT determines that the inmate is illiterate or does not understand English, has a disability that would hinder the inmate’s ability to represent himself or herself, or when the complexity of the issues makes it unlikely that the inmate will be able to properly represent himself or herself. Assistance can also be provided at the inmate’s request. In the event a staff member is assigned to assist an inmate, it is the responsibility of the staff member to explain the CM recommendation and procedures to the inmate. Even though the staff member will be authorized to assist an inmate during the hearing and aid the inmate in presenting his or her position, the staff member shall not take the position of an advocate or defense attorney for the inmate. The ICT is authorized to postpone the case review to allow an inmate additional time to prepare. If an extension of time is given, the ICT shall document the postponement on Form DC6-233C. The inmate will appear at the hearing unless he or she demonstrates disruptive behavior, either before or during the hearing, that impedes the process, or the inmate waives his or her right to be present at the CM hearing. If the inmate waives his or her right to be present at the CM hearing Form DC6-265 shall be completed. In such cases, the review will be completed without the inmate present. The absence, removal, or presence of the inmate will be documented on Form DC6-233C. After the interview and review of all pertinent information including the mental health assessment, the ICT will make a recommendation to the SCO. This recommendation will be documented on Form DC6-233C. The ICT will inform the inmate of the basis for its decision and provide a copy of its decision to the inmate after the conclusion of the hearing. The ICT classification member will ensure that the results are entered in OBIS.

(i) The SCO will review the recommendations of the ICT, Form DC6-128, and other pertinent information before making the final decision regarding CM placement. This review will be on site and the SCO may interview the inmate, except in situations requiring more immediate action. In such case, the SCO will review the documentation in OBIS. The SCO will approve, disapprove, or modify the ICT’s recommendation, or obtain further information from the ICT before reaching a final decision. If the ICT’s recommendation is disapproved or modified by the SCO, the inmate will be informed of the decision in writing by the SCO. Inmate notification will not be required when the SCO approves the ICT’s recommendation. After the review is complete, the SCO will document its decision in OBIS. A copy of Form DC6-233C will be kept in the inmate record file.

(4) Transfers from a Non-Close Managment Institution.

(a) Once a CM recommendation is made, the ICT will also enter a transfer recommendation in OBIS.

(b) The inmate will remain in administrative or current confinement status pending review and final decision of the SCO. If the inmate’s release date from disciplinary confinement expires, the inmate shall be placed in administrative confinement until the review and decision is made by the SCO.

(c) If placement in CM is approved, the SCO will document its decision in OBIS and notify Population Management for transfer of the inmate to an appropriate CM institution.

(d) If the CM recommendation is disapproved, the SCO will determine if a transfer for other management reasons should be approved. The SCO will document its decision in OBIS. If a transfer is approved, the SCO will notify Population Management for transfer of the inmate to an appropriate non-CM institution.

(5) Transfers While Inmate Is in Close Managment Status.

(a) If an inmate in CM is reassigned to another level of CM that requires transfer to another institution, the time spent awaiting transfer will be taken into consideration when setting the schedule of reviews by the ICT at the receiving institution.

(b) To transfer an inmate in CM to another CM institution, the following will occur:

1. The ICT from the sending institution will recommend the appropriate level of CM based upon the criteria and facts for placement prior to the transfer.

2. Transfers will be limited to those inmates in CM as follows:

a. When an inmate is being recommended for a CM level that the sending institution is not capable of providing, based on institutional mission or CM stratification issues, or

b. Situations that involve special reviews. Inmates with protection or threat reviews involving inmates housed at the same CM institution will be handled within the CM unit and, unless exceptional circumstances exist, will not be transferred from one CM institution to another based solely on these reviews, or

c. Situations that require an inmate to be moved to a higher-level institution.

(c) The recommendation by the ICT to transfer a CM inmate will be reviewed by the SCO. If approved, the SCO will submit notification to Population Management for transfer of the inmate. The receiving institution shall then place the inmate directly into the approved CM level without completing an additional evaluation.

(d) If the transfer recommendation is disapproved, the SCO will provide written notification to the ICT of the requesting institution of its decision not to transfer.

(e) After the review is complete, the SCO will document its decision in OBIS.

(6) Close Management Institutions and Facilities.

(a) The number of inmates housed in a CM cell will not exceed the number of bunks in the cell.

(b) The only exception to paragraph (6)(a) is during an emergency situation as declared by the warden or duty warden. The emergency will be made known to the regional director and to the emergency action center in the central office. If the exception exists in excess of 24 hours, the warden or duty warden must get specific authorization from the regional director to continue to house inmates beyond the 24-hour period in such conditions.

(c) Prior to placing inmates in the same cell, the inmate will be reviewed by the housing supervisor to determine if any of the inmates in the CM unit are a threat to the inmate being placed, or if the inmate being placed is a threat to other inmates in the unit.

(d) If the inmate cannot be placed for the reasons stated in paragraph (6)(c), the housing supervisor will place or maintain the inmate in administrative confinement until the issue can be expeditiously resolved. The case will be immediately forwarded to the ICT for review. The ICT will review the case, interview the inmate, and forward recommendations to the SCO. The SCO will review the case and may interview the inmate before making a final decision on the inmate’s placement.

(e) All CM cells will be equipped with toilet facilities and running water for drinking and other sanitary purposes. Water in the cell can be turned off when necessary due to misbehavior. Misbehavior is defined as any activity exhibited by an inmate that causes an interruption in the water system and its proper function, such as intentionally clogging a toilet bowl or sink with paper in order to flood the housing area. It also includes the intentional misuse of the water for such purposes as throwing it on staff or other inmates, or mixing it with another substance for an unauthorized purpose. In such event, the inmate will be furnished with an adequate supply of drinking water by other means to prevent dehydration. This action can be taken in addition to formal disciplinary action being taken against the inmate pursuant to established procedures regarding disciplinary action. Any misbehavior from an inmate and subsequent action by security staff will be documented on the Daily Record of Special Housing, Form DC6-229. Form DC6-229 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, https://www.flrules.org/Gateway/reference.asp?No=Ref-14792. The effective date of the form is 10-22.

(f) Prior to placement of an inmate in a CM cell, the cell will be thoroughly inspected by the housing officer to ensure that it is in proper order. The housing officer shall document the cell’s condition on Form DC6-221, Cell Inspection. After such time, the inmate housed in that cell will be responsible for the condition of the cell. Form DC6-221 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-01968. The effective date of the form is 12-16-01.

(g) CM cells will be physically separate from other confinement cells whenever possible given the physical design of the institution. Whenever this is not possible, physical barriers shall be placed to preclude the cross association of inmates in CM with inmates in other statuses. CM cells shall be built to permit verbal communication and unobstructed observation by the staff.

(h) Inmates shall be weighed upon entering CM, at least once a week while in CM, and upon leaving CM. The weight of the inmate shall be documented on Form DC6-229.

(7) Individualized Service Plan (ISP).

(a) The MDST will develop an ISP on Form DC4-643A, when deemed necessary by mental health staff. Form DC4-643A is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-07328. The effective date of the form is 8/16.

(b) The ISP will be developed based on the inmate’s needs assessment and will take into consideration the inmate’s behavioral risk, as determined by the MDST in accordance with subsection (8) of this rule.

(c) The ISP will incorporate mental health, programs, and other services required to address identified problems and to prevent the development or exacerbation of mental and other adjustment problems.

(d) An ISP shall be established within 14 days of CM placement of each inmate who suffers from mental impairment, or who is at significant risk for developing such impairment, as determined by mental health staff.

(e) If an ISP exists at the time of CM placement, it shall be updated within 14 days of CM placement to reflect current problems, goals, services, and providers. The ISP shall also be updated within 14 days of an inmate’s transfer between CM institutions.

(f) The MDST shall review, and if indicated, revise the ISP as needed, but not less frequently than the following:

1. Within three working days of the inmate’s involvement in a critical event.

2. Within 30 days of establishing or updating an ISP.

3. 120 days after the 30-day review.

4. Every 180 days after the 120-day review, until mental health staff determines that ongoing mental health care is no longer necessary, at which time the ISP will be closed.

(g) The ISP shall be signed by each member of the MDST.

(8) Behavioral Risk Assessment (BRA).

(a) The MDST shall determine the behavioral risk of each CM inmate by completing a BRA on Form DC4-729 or other validated risk assessment instrument. Form DC4-729 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-12597. The effective date of the form is 01/21.

(b) Behavioral risk shall be determined as follows:

1. Within three working days of the inmate’s involvement in a critical event.

2. Within 14 days of CM placement.

3. Within 120 days following the 14-day assessment, and every 180 days thereafter.

(c) The BRA shall be completed at the above intervals regardless of S-grade or housing assignment, including, for example, when the CM inmate is housed outside the CM unit in order to access necessary medical or mental health care.

(d) Security shall consider results from the BRA and other information relevant to staff and inmate safety and institutional security in determining the level of restraints required during out-of-cell activities such as individual or group counseling.

(e) The ICT shall consider results from the BRA and other information relevant to institutional adjustment, staff and inmate safety, and institutional security when making recommendations for modification of the inmate’s CM status.

(f) The SCO shall consider results from all BRAs and all results from mental health evaluations that have been completed since the inmate’s last formal assessment and evaluation, and other information relevant to institutional adjustment, staff and inmate safety, and institutional security in its review of ICT recommendations made after CM placement.

(9) Mental Health Services.

(a) Chapter 33-404, F.A.C., Mental Health Services, shall apply to CM inmates except where otherwise specified herein.

(b) CM inmates shall be allowed out of their cells to receive mental health services as specified in an ISP unless, within the past 4 hours, the inmate has displayed hostile, threatening, or other behavior that could present a danger to others. Security staff shall determine the level of restraint required while CM inmates access services outside their cells.

(10) Conditions and Privileges in Close Management Units.

(a) Clothing – Inmates in CM shall be provided the same clothing and clothing exchange as inmates in general population unless there are facts to suggest that, on an individual basis, exceptions are necessary for the welfare of the inmate or the security of the institution. In such cases, the exceptions shall be documented on Form DC6-229 and approved by the chief of security. Shower slides may be substituted for regulation shoes. Any item may be removed from the cell in order to prevent the inmate from inflicting injury to himself or herself or others or to prevent the destruction of property or equipment. If an inmate’s clothing is removed, a modesty garment shall be immediately obtained and given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229. Under no circumstances shall an inmate be left without a means to cover himself or herself.

(b) Bedding and Linen – Bedding and linen for inmates in CM shall be issued and exchanged the same as they are for inmates in general population. Any exceptions shall be based on potential harm to individuals or a threat to the security of the institution. The shift supervisor or the senior correctional officer must approve the exception initially. Such exceptions shall be documented on Form DC6-229, and the chief of security shall make the final decision regarding the exception no later than the next working day following the action.

(c) Personal Property – Inmates in CM shall be allowed to retain personal property including stamps, watches, rings, writing paper, envelopes, and health and comfort items unless they pose a threat or potential threat to the public, staff, visitors, other inmates, or the secure and orderly operations of an institution. Inmates in CM may not possess a Walkman-type radio or batteries. Inmates in CM may possess a tablet in accordance with Rule 33-602.900, F.A.C., and this rule. Exceptions or restrictions regarding any item will be documented on Form DC6-229. An Inmate Impounded Property List, Form DC6-220, will be completed by security staff and signed by the inmate designating any personal items that are removed. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C. The original Form DC6-220 shall be placed in the inmate’s property file and a copy of the form will be given to the inmate for his or her records. If items of clothing, bedding, or personal property are removed in order to prevent the inmate from inflicting injury to himself, herself, or others, to prevent the destruction of property or equipment, or to prevent the inmate from impeding security staff from accomplishing functions essential to the unit and institutional security, staff shall reassess the need for continued restriction every 72 hours thereafter. Based on these reassessments, the warden will make the final determination regarding the continued denial or return of the items. The items will be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction has occurred during any 72-hour reassessment period.

(d) Comfort Items – Inmates in CM may possess personal hygiene items and other medically necessary or prescribed items such as eye glasses or hearing aids, unless they pose a threat or potential threat to the public, staff, visitors, other inmates, or the secure and orderly operations of an institution. Inmates in CM shall not possess any products that contain baby oil, mineral oil, cocoa butter, or alcohol. In the event items that inmates in CM are not normally prohibited from possessing are restricted, the senior correctional officer shall be notified and must approve the action taken, or the item must be returned to the inmate. Any action taken shall be recorded on Form DC6-229, which must be reviewed by the chief of security. When any personal property is removed, Form DC6-220 designating what personal items were removed shall be completed by security staff and signed by the inmate. The following comfort items shall be provided at a minimum: toothbrush, toothpaste, bar of soap, towel or paper towels, feminine hygiene products for women, and toilet tissue.

(e) Personal Hygiene – Inmates in CM shall meet the same personal hygiene standards as required of inmates in general population.

1. At a minimum, each inmate in CM shall shower three times per week and on days that the inmate works.

2. Any male inmate who elects to be clean shaven shall be clipper shaved three times per week. Any male inmate who elects to grow and maintain a half-inch beard shall have his beard maintained in accordance with Rule 33-602.101, F.A.C. The possession and use of shaving powder and battery-operated razors in CM is prohibited.

3. Hair care shall be the same as that provided to and required of inmates in general population.

(f) Diet and Meals – All inmates in CM shall receive the same institutional meals that are available to inmates in general population except that if any item on the regular menu would create a security problem in CM, then another item of comparable quality shall be substituted. An alternative meal (special management meal) may be provided for any inmate in CM who uses food or food service equipment in a manner that is hazardous to himself or herself, staff, or other inmates. The issuance of a special management meal will be in strict accordance with Rule 33-602.223, F.A.C. Any deviation from established meal service is to be documented by security staff on Form DC6-229.

(g) Canteen Items.

1. After 30 days in CM with no major rule violations during this period, inmates in CMI and CMII will be allowed to make canteen purchases through canteen order once per week unless restricted by disciplinary action. Inmates in CMI and CMII will be allowed to purchase up to five non-food items and five food items. In making this determination, with the exception of stamps and notebook paper, it is the number of items that is counted not the type of item. For example, three security pens count as three items, not one item. Twenty-five stamps or fewer will count as one item and two packages or less of notebook paper will count as one item.

2. Inmates in CMIII with no major rule violations will be allowed to make canteen purchases through canteen order once per week unless restricted by disciplinary action. Inmates in CMIII will be allowed to purchase up to five non-food items and ten food items. In making the determination, with the exception of stamps and notebook paper, it is the number of items that is counted not the type of item. For example, three packages of cookies count as three items, not one item. Twenty-five stamps or fewer will count as one item and two packages or less of notebook paper will count as one item.

3. Any disciplinary reports received by an inmate in which there is a guilty finding and placement in disciplinary confinement or suspension of canteen privileges between the time that he or she requests canteen food items and the delivery of those items will result in disapproval of the requested items.

4. CM inmates who submit an order for canteen items and then refuse delivery shall be subject to disciplinary action and loss of canteen privileges.

(h) Religious Accommodations – Inmates in CM shall be allowed to participate in religious ceremonies that can be accomplished at cell-side (for example, communion). Additionally, CM inmates shall be allowed to possess religious publications as defined in Rule 33-503.001, F.A.C., and have access to a spiritual advisor or clergy visit with citizen clergy persons at a time and location approved by the warden. Religious publications shall not count toward the limit on personal book possession set forth in paragraph (10)(l) of this rule, but are subject to the storage space provisions of Rule 33-602.201, F.A.C.

(i) Legal Access – An inmate in CM will have access to his or her personal legal papers and law books and have correspondence access with the law library. Access to the law library will be obtained through delivery of research materials to an inmate’s cell, and access to visits with certified inmate law clerks. Although the inmate may not be represented by an attorney at any administrative hearing under this rule, access to an attorney or aide to that attorney will be granted for legal visits at any reasonable time during normal business hours pursuant to Rule 33-601.711, F.A.C. Indigent inmates will be provided paper and writing utensils in order to prepare legal papers. Inmates who are not indigent will be allowed to purchase paper and envelopes from the canteen for this purpose pursuant to paragraph (10)(g) of this rule. Inmates with disabilities that hinder the preparation of legal correspondence will be allowed the use of authorized auxiliary aids. An inmate who is provided an authorized auxiliary aid shall also be allowed access to a certified inmate law clerk for the purpose of preparing legal documents, legal mail, or filing grievances.

(j) Correspondence – Unless otherwise stated in this rule, inmates in CM shall have the same opportunities for correspondence that are available to inmates in general population.

(k) Writing Utensils – Inmates in CM shall possess only security pens. Other types of pens or pencils shall be confiscated and stored until the inmate is released from CM. If a security pen is not available, the inmate shall be allowed to sign out a regular pen from the confinement unit officer. All care shall be taken to ensure that an inmate who requests access to a pen in order to prepare legal documents or legal mail or to file a grievance with the Department has access to a pen for a time period sufficient to prepare the legal mail, documents, or grievance. Inmates shall be allowed to purchase security pens pursuant to paragraph (10)(g) of this rule. An inmate who has been provided an authorized auxiliary aid will be allowed access to such for the purpose of reading and preparing correspondence.

(l) Reading Materials – Reading materials are allowed in CM unless they pose a threat to the safety, security, or sanitation of the institution. An inmate may possess up to three personal soft cover books. If it is determined that the books pose a safety, security, or sanitation risk, the items will be removed. Such removal will be documented on Form DC6-229. If items are removed in order to prevent the inmate from inflicting injury to himself or herself or others, or to prevent the destruction of property or equipment, staff shall reassess the need for continued restriction every 72 hours thereafter. Based on these reassessments, the warden will make the final determination regarding the continued denial or return of the items. The items will be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction has occurred during any 72-hour reassessment period. An inmate who receives services from the Bureau of Braille and Talking Book Library will be allowed to possess his or her tape player, devotional or scriptural material tapes, and other books on tape that are in compliance with Rule 33-501.401, F.A.C.

(m) Exercise – Those inmates confined on a 24-hour basis excluding showers and clinic trips may exercise in their cells. If the inmate requests a physical fitness program handout, the wellness specialist or the CM officer shall provide the inmate with an in-cell exercise guide and document such on Form DC6-229. In addition, an exercise schedule shall be implemented to ensure a minimum of six hours per week (two hours three days per week) of exercise out of doors. The assignment and participation of an inmate on the restricted labor squad or other outside work squad required to work outside at least one day per week will satisfy the minimum exercise requirements for the week. All outdoor exercise periods shall be documented on Form DC6-229. The ICT is authorized to restrict exercise for an individual inmate only when the inmate is found guilty of a major rule violation as defined in this rule, or if the inmate has a pending disciplinary hearing for a major rule violation as defined in this rule. Inmates shall be notified in writing of this decision and may appeal through the grievance procedure. The denial of exercise shall be for no more than 15 days per incident and for no longer than 30 days in cumulative length. Medical restrictions determined by health services staff can also place limitations on the amount and type of exercise permitted. Such restrictions of exercise periods will be documented on Form DC6-229. A disabled inmate who is unable to participate in the normal exercise program will have an exercise program developed for him or her that will satisfy the need for exercise and take into account the particular inmate’s limitations. CM inmates shall be allowed equal access to outdoor exercise areas with exercise stations.

(n) At a minimum, wellness services for CM inmates at all levels shall be provided through cell-front tutoring, wellness puzzles, and the wellness education course.

(11) Programs and Privileges in Close Management Units.

(a) While in CM, an inmate’s movement within the institution and contacts with other individuals will be restricted. An inmate’s privileges will be limited depending on the specific CM level to which the inmate is assigned. If an inmate transfers to a less restrictive level due to satisfactory adjustment, the adjustment period required for any privilege shall be waived. Upon placement in CM, inmates shall receive a copy of the Close Management Housing Unit Instructions, Form NI1-046. Form NI1-046 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, https://www.flrules.org/Gateway/reference.asp?No=Ref-12600. The effective date of the form is 09-29-11.

(b) CMI. Privileges for an inmate assigned to CMI are as follows:

1. Inmates in CMI may participate in in-cell educational opportunities and other programs as directed by the inmate’s ISP or Individualized Education Programs Form, unless precluded by safety or security concerns.

2. Inmates in CMI may check out three soft cover books from the library at least once per week and possess no more than three soft cover library books at any given time. An inmate who receives services from the Bureau of Braille and Talking Book Library will be allowed to check out three books in braille or on tape per week and possess no more than three books at any given time, even though the actual number of tapes may be more than three per book. Books in braille or on tape checked out from the library shall not count toward the limit on personal book possession set forth in paragraph (10)(l) of this rule.

3. Inmates in CMI may conduct routine inmate bank transactions.

4. Inmates in CMI may subscribe to, purchase, or receive no more than one periodical that is printed and distributed more frequently than weekly and four other periodicals that are printed and distributed weekly or less frequently than weekly. An inmate who receives services from the Bureau of Braille and Talking Book Library will be allowed to receive up to four issues of a periodical.

5. Inmates in CMI may make one telephone call of the length allowed by Rule 33-602.205, F.A.C., every 30 days after 30 days in CM with no major rule violations during this period, as well as emergency telephone calls and telephone calls to an attorney pursuant to Rule 33-602.205, F.A.C.

6. Unless restricted pursuant to Rule 33-601.731, F.A.C., inmates in CMI shall be eligible to receive one two-hour non-contact personal visit by appointment:

a. After completing 30 days in CM with no major rule violations during this period.

b. If found guilty of any major rule violations while assigned to CMI, inmates are eligible to be considered for visits 30 days following release from disciplinary confinement or the disciplinary hearing if a penalty other than disciplinary confinement was imposed.

c. Inmates in CMI are eligible to receive one two-hour non-contact personal visit by appointment after each subsequent 30-day period with no major rule violations unless security or safety concerns would preclude a visit.

d. All visits for inmates in CMI will be non-contact personal visits.

7. Inmates in CMI are permitted limited access to kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Access shall be limited to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

8. Inmates in CMI do not have video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(c) CMII. In addition to the programs provided for inmates in CMI and those privileges outlined in subparagraphs (11)(b)1.-4. of this rule, the following privileges are authorized for inmates in CMII:

1. Unless restricted pursuant to Rule 33-601.731, F.A.C., inmates in CMII will be eligible to receive one two-hour non-contact personal visit by appointment:

a. After completing 30 days in CM with no major rule violations during this period.

b. If found guilty of any major rule violations while assigned to CMII, inmates are eligible to be considered for visits 30 days following release from disciplinary confinement or the disciplinary hearing if a penalty other than disciplinary confinement was imposed.

c. An inmate in CMII is eligible to receive one three-hour non-contact personal visit by appointment only after each 14-day period during which the inmate has no major rule violations unless an emergency exists or security concerns dictate otherwise.

d. All visits for inmates in CMII will be non-contact personal visits.

2. Inmates in CMII may make one telephone call of the length allowed by Rule 33-602.205, F.A.C., every 14 days after 30 days in CM with no major rule violations during this period, as well as emergency telephone calls and calls to attorneys as provided in Rule 33-602.205, F.A.C.

3. Inmates in CMII with no major rule violations shall be allowed access to the day room area for social purposes, including watching television programs, for up to two days per week, not to exceed four 4 hours per occasion or to extend beyond 10:00 p.m. This is allowed only when it does not conflict with organized program activities. The number of participants at any one time will be determined by the senior correctional officer in consultation with the duty warden. This determination will be based on considerations such as day room size, availability of seating, and safety and security issues associated with the availability of supervising staff, as well as staff available for response should a problem develop. Inmates in CMII will be restrained during dayroom activities unless it is determined by the senior correctional officer that an inmate can safely participate without restraints.

4. Participation of inmates in CMII in educational and program opportunities shall be in-cell or out-of-cell as determined by security and programs staff.

5. Inmates in CMII are permitted limited access to kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Access shall be limited to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, incoming videograms, content purchased prior to placement in CMII, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

6. Inmates in CMII do not have video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(d) CMIII. In addition to the programs provided above for inmates in CMII, the following privileges are authorized for inmates in CMIII:

1. Unless restricted pursuant to Rule 33-601.731, F.A.C., inmates in CMIII shall be eligible to receive one two-hour contact personal visit by appointment.

a. Inmates in CMIII shall be subject to placement on non-contact visiting status pursuant to Rule 33-601.735, F.A.C.

b. If found guilty of a major rule violation while assigned to CMIII, inmates in CMIII are eligible to be considered for visits 14 days following release from disciplinary confinement or the disciplinary hearing if a penalty other than disciplinary confinement was imposed.

c. An inmate in CMIII is eligible to receive one four-hour contact visit by appointment only after each 14-day period during which the inmate has no major rule violations unless an emergency exists or security concerns dictate otherwise. The warden will determine the level of supervision and restraint required.

2. Inmates in CMIII with no major rule violations, shall be allowed access to the day room area for social purposes, including watching television programs, for up to five days per week, not to exceed four 4 hours per occasion or to extend beyond 10:00 p.m. This is allowed only when it does not conflict with organized program activities. The number of participants at any one time will be determined by the senior correctional officer in consultation with the duty warden. This determination will be based on considerations such as day room size, availability of seating, and safety and security issues associated with the availability of supervising staff, as well as staff available for response should a problem develop. Inmates in CMIII shall not be restrained during dayroom activities unless security or safety concerns require otherwise.

3. Inmates in CMIII with no major rule violations shall be allowed to make one telephone call of the length allowed by Rule 33-602.205, F.A.C., every seven days, as well as emergency telephone calls and calls to attorneys as provided in Rule 33-602.205, F.A.C.

4. Inmates in CMIII shall be provided with at least the same opportunities for educational and program participation as provided to inmates in CMII.

5. Inmates in CMIII are permitted to access kiosks, kiosk services, and tablet services as provided for in Rule 33-602.900, F.A.C.

6. Inmates in CMIII do not have video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(12) Suspension of Privileges. The ICT shall suspend or limit an inmate’s privileges if security and safety concerns would preclude an inmate from receiving certain privileges.

(a) When a disciplinary report has been written and the hearing is pending, staff shall complete the Close Management Privilege Suspension Request, Form DC6-163, to suspend privileges between the time the disciplinary report is written and the hearing is held. Form DC6-163 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-14791. The effective date of the form is 10/22.

(b) Any action taken by the ICT regarding the suspension or limiting of privileges will be documented on Form DC6-229. Privileges suspended by the ICT in excess of 30 days will require the review and approval of the SCO.

(13) Work Assignments.

(a) The decision to make work assignments and the type of assignments made will be determined by the ICT. Inmates shall be provided the opportunity for work assignment consideration as determined by the ICT except when precluded by a doctor’s orders for medical reasons.

(b) Inmates in CMI are restricted from all outside cell work activities. Inmates in CMII are only eligible for work assignments on restricted labor squads or in CMI, CMII, or death row housing units. Inmates in CMIII are eligible for work assignments at any CM housing unit doing work similar to those inmates in general population, and outside CM housing units only on restricted labor squads within the fenced perimeter area.

(c) Outside work assignments shall be performed during daylight hours.

(14) Restraint and Escort Requirements.

(a) CMI.

1. Prior to opening a cell for any purpose, including exercise, health care or disciplinary call-outs, telephone calls, recreation, and visiting, the inmate shall be handcuffed behind his or her back. If documented medical conditions require that the inmate be handcuffed in front, waist chains will be used in addition to the handcuffs and the escort officers shall be particularly vigilant.

2. A minimum of two officers shall be physically present at the cell whenever the cell door is opened.

3. Prior to escorting an inmate from a cell the inmate shall be thoroughly searched. If the inmate is being taken outside the immediate housing unit or designated adjacent exercise area, leg irons and other restraint devices shall be applied.

(b) CMII. The same restraints and escort requirements as provided for inmates in CMI above apply to inmates in CMII with the exception that the senior correctional officer shall be authorized to approve unrestrained participation in group and individual counseling, dayroom access, and inside work assignments.

(c) CMIII. Unless precluded by specific safety and security concerns, inmates in CMIII shall be escorted without restraints within the unit, to exercise areas attached to the unit, and for all program and privilege activity participation. The warden shall base any determination to require restraints on the security and safety needs of his or her individual institution and CM unit.

(d) Due to the unique mission of CM units, it is understood that more than one inmate may be out of his or her cell within the unit at any one time. However, whenever inmates are being escorted in restraints, there shall be one officer with each inmate and the inmates shall be kept at a distance from each other that will preclude any unauthorized physical contact. Extreme care shall be exercised when escorting restrained inmates in areas where unrestrained inmates are present. When possible, unrestrained inmates will be returned to their cells, removed from the wing or, at a minimum, closely supervised by additional staff until the escort of restrained inmates is completed.

(15) Contact by Staff.

(a) The following staff members are required to officially inspect and tour the CM unit. All visits by staff shall be documented on the Inspection of Special Housing Record, Form DC6-228. Form DC6-228 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-01969. The effective date of the form is 2-12-01. The staff member shall also document his or her visit on Form DC6-229 noting any discussion of significance, any action or behavior of the inmate, or any other important information that may have an influence or effect on the inmate’s status of confinement. These visits shall be conducted at a minimum of:

1. At least every 30 minutes by a correctional officer, but on an irregular schedule.

2. Daily by the housing supervisor.

3. Daily by the officer-in-charge on duty for all shifts except in case of riot or other institutional emergency.

4. Daily by medical staff.

5. Weekly by the chief of security (when on duty at the institution) except in case of riot or other institutional emergency.

6. Weekly by the chaplain. More frequent visits will be made upon request of the inmate if the chaplain’s schedule permits.

7. Weekly by mental health staff.

8. Weekly by the warden and assistant wardens.

(b) Classification officers must visit each inmate on his or her caseload each week and document the visit on Form DC6-229. The classification officer must record the inmate’s status, upcoming reviews, issues, discussions of significance, action or behavior of the inmate, or any other important information that may have an influence or effect on the inmate’s status of confinement.

(16) Review of Close Management Status.

(a) An ICT member shall review each inmate in CM at least once every week for the first 60 days and once every 30 days thereafter. The ICT member shall be the warden, assistant warden of operations, assistant warden of programs, a chief of security, or classification supervisor. The purposes of this review shall be to reduce the inmate’s status to the lowest management level possible or return the inmate to general population as soon as the facts of the case indicate that this can be done safely, and, if applicable, review the inmate’s disciplinary confinement status as outlined in subsection 33-602.222(8), F.A.C. If an ICT review for modification of an inmate’s CM status, release to general population, or release from disciplinary confinement is indicated upon completion of the ICT member’s weekly or 30-day review, the ICT member shall notify the classification supervisor. The classification supervisor shall ensure that the case is placed on the ICT docket for review. During the review, the ICT shall consider the results of the BRAs and mental health evaluations that have been completed prior to the review, and other information relevant to institutional adjustment, staff and inmate safety, and institutional security.

(b) All services provided by any mental health or program staff member shall be recorded on Form DC6-229, which shall be kept in the CM unit.

(c) When an inmate has not been released to general population and is in any CM status for six months, the classification officer shall interview the inmate and shall prepare a formal assessment and evaluation on Form DC6-233C. Such reports shall include a brief paragraph detailing the basis for the inmate’s CM status, the inmate’s behavior and activities during the six-month period, and whether the inmate should be released, maintained at the current level, or modified to another level of CM. The case shall be forwarded to the classification supervisor who shall docket the case for ICT review.

(d) The ICT shall review the Form DC6-233C prepared by the classification officer, consider the results of BRAs, mental health evaluations, and any other information relevant to institutional adjustment, staff and inmate safety, and institutional security, and insert any other information regarding the inmate’s status. If applicable, the ICT shall review the inmate’s disciplinary confinement status in accordance with Rule 33-602.222, F.A.C. The inmate shall be present for the review unless he or she demonstrates disruptive behavior, either before or during the review, that impedes the process, or the inmate waives his or her right to be present at the review by completing Form DC6-265. The presence, absence, or removal of the inmate will be documented on Form DC6-233C. The ICT’s CM and, if applicable, disciplinary confinement status recommendations shall be documented in OBIS and on Form DC6-233C. If it is determined that no justifiable safety and security issue exists for the inmate to remain in CM, the ICT shall forward its recommendation for release to the SCO for review. For an inmate to remain in CM, the ICT must justify the safety and security issues or circumstances that can only be met by maintaining the inmate at the current level or modifying the inmate to another level of CM.

(e) The SCO shall conduct an onsite interview with each inmate at least once every six months or as often as necessary to determine if continuation, modification, or removal from CM status is appropriate. The SCO shall review all reports prepared by the ICT concerning an inmate’s CM status and, if applicable, disciplinary confinement status, consider the results of BRAs, mental health evaluations, and any other information relevant to institutional adjustment, staff and inmate safety, and institutional security. The SCO shall interview the inmate unless exceptional circumstances exist or the inmate is approved for release to general population. If it is determined that no justifiable safety and security issues exist for the inmate to remain in CM, the SCO shall cause the inmate to be immediately released. For an inmate to remain in CM, the SCO must determine based on all available information that there are safety and security issues or other circumstances that justify maintaining the inmate at the current level or at a modified level of CM. If applicable and in accordance with Rule 33-602.222, F.A.C., the SCO shall determine whether the inmate is to continue in or be removed from disciplinary confinement status. The SCO’s decisions shall be documented in OBIS and on Form DC6-233C. The SCO shall advise the inmate of its decision.

(f) Reviews required by this subsection shall be completed regardless of the inmate’s housing assignment, including when a CM inmate is housed outside the CM unit in order to access medical or mental health care.

(g) Before an inmate is released from CM, written authorization must be obtained by the SCO from the regional director if any of the following apply:

1. The inmate has been convicted, regardless of whether adjudication is withheld, of any assault or battery, or any attempted assault or battery, on a staff member that constitutes a felony that occurred during the inmate’s current period of incarceration;

2. The inmate has an active detainer as a result of any assault or battery, or any attempted assault or battery, on a staff member that constitutes a felony that occurred during the inmate’s current period of incarceration; or

3. The inmate is confined in Florida under the Interstate Corrections Compact and has been convicted, regardless of whether adjudication is withheld, of any assault or battery, or any attempted assault or battery, on a staff member that constitutes a felony in the state from which he or she was transferred that occurred during the inmate’s current period of incarceration.

(17) Close Management Records.

(a) A Report of Close Management, Form DC6-233C, shall be kept for each inmate placed in CM.

(b) A Daily Record of Special Housing, Form DC6-229, shall be maintained for each inmate as long as the inmate is in CM. Form DC6-229 shall be utilized to document any activities, including cell searches, items removed, showers, outdoor exercise, haircuts, and shaves. If items that inmates in CM are not prohibited from possessing are denied or removed from the inmate, the shift supervisor or the senior correctional officer must approve the action initially. The Central Office ADA coordinator shall be contacted within 24 hours if any item is removed that would be considered an authorized auxiliary aid or device that ensures a disabled inmate an equal opportunity as a non-disabled inmate. The items denied or removed shall be documented on Form DC6-229 and the chief of security shall make the final decision regarding the action no later than the next working day following the action. Staff shall reassess the need for continued restriction every 72 hours thereafter as outlined in subsection (10) of this rule. The CM unit officer shall make a notation of any unusual occurrences or changes in the inmate’s behavior and any action taken. Changes in housing location or any other special action shall also be noted. Form DC6-229 shall be maintained in the housing area for 30 days. After each 30-day review of the inmate by a member of the ICT, Form DC6-229 shall be forwarded to classification to be filed in the institutional inmate record.

(c) A Daily Record of Special Housing – Supplemental, Form DC6-229B, shall be completed and attached to the current Form DC6-229 whenever additional written documentation is required concerning an event or incident related to the specific inmate. Form DC6-229B is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-01970. The effective date of the form is 4-27-08.

(d) An Inspection of Special Housing Record, Form DC6-228, shall be maintained in each CM unit. Each staff person shall sign the record when entering and leaving the CM unit. Prior to leaving the CM unit, each staff member shall indicate any specific problems. No other unit activities will be recorded on Form DC6-228. Upon completion, Form DC6-228 shall be maintained in the housing area and forwarded to the chief of security on a weekly basis where it shall be maintained on file pursuant to the current retention schedule.

(e) A Housing Unit Log, Form DC6-209, shall be maintained in each CM unit. Form DC6-209 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 S. Calhoun St., Tallahassee, FL 32399, http://www.flrules.org/Gateway/reference.asp?No=Ref-03419. The effective date of the form is 12/13. Officers shall record all daily unit activities on Form DC6-209, including any special problems or discrepancies noted. The completed Form DC6-209 shall be forwarded daily to the chief of security for review.

(18) Staffing Issues.

(a) Officers assigned to a CM unit shall be reviewed every 18 months by the chief of security to determine whether a rotation is necessary. The chief of security shall review personnel records, including performance appraisals, incident reports, uses of force, and any other documentation relevant to the officer’s assignment and job performance; interview the officer and the officer’s supervisors for the period of review; and make a recommendation to the warden as to the necessity of a rotation. The warden shall review the recommendation, request additional information, if necessary, and make the final determination as to whether the officer continues in the current assignment or is rotated to another assignment. Any officer assigned to a CM post shall be authorized a minimum period of five days of annual leave or a five-day assignment to a less stressful post every six months.

(b) The Inspector General shall notify the warden and regional director of any officer involved in eight or more use of force incidents in an 18-month period. The regional director shall review the circumstances for possible reassignment.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.241 FS. History–New 2-1-01, Amended 12-16-01, 4-8-04, 3-10-05, 4-9-06, 8-23-07, 4-27-08, 6-28-10, 4-6-11, 7-31-11, 1-4-12, 12-9-12, 12-24-13, 3-6-14, 8-17-16, 1-18-21, 6-1-21, 10-6-22.

33-601.820 Maximum Management.

(1) Definitions.

(a) Institutional Classification Team (ICT) –refers to the team consisting of the warden, assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making inmate status decisions and for making other classification recommendations to the State Classification Office, regional director, and warden. At private facilities, the Department’s representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department’s representative is final.

(b) Maximum Management – refers to a temporary status for an inmate who, through a recent incident or series of recent incidents, has been identified as being an extreme security risk to the Department and requires an immediate level of control beyond that available in confinement, close management, or death row. The Secretary has designated Florida State Prison (FSP) as the only institution authorized to house maximum management inmates, based upon the needs of the Department.

(2) Maximum Management Placement Criteria. An inmate shall have, at a minimum, met the criteria for placement in close management I or death row and participated in a recent incident or series of recent incidents in which the inmate has:

(a) Escaped from or attempted to escape from a secure perimeter;

(b) Demonstrated a willingness to use deadly force in a correctional setting;

(c) Been involved in a dangerous act targeting staff or an assault against staff, including sexual assault; or

(d) Been involved in a life-threatening inmate-on-inmate assault requiring that the victim receive emergency outside medical treatment.

(3) Initial Placement in Maximum Management Housing.

(a) An inmate may only be referred for initial placement in maximum management housing at FSP. If an inmate located at any other facility commits an offense that appears to meet the criteria for maximum management placement outlined in subsection (2) of this rule, the institutional classification officer, senior classification officer, classification supervisor, or ICT at the facility shall enter into the Offender Based Information System (OBIS) a Pending Close Management Evaluation transfer request to FSP if the inmate is not already in close management. If the inmate is already in close management or death row, the institutional classification officer, senior classification officer, classification supervisor, or ICT of the facility shall enter into OBIS a request for the type of transfer to FSP that reflects the inmate’s current CM level or death row status. The warden or regional director is required to send an e-mail to Central Office requesting transfer approval and the immediate scheduling of a direct transport to FSP indicating the inmate’s current status and including the request for maximum management placement. A description of the inmate’s behavior that warrants review for maximum management placement must be included.

(b) Whenever an inmate housed at FSP or an inmate transferred to FSP pursuant to paragraph (3)(a) above has met at least one of the conditions listed in paragraph (2)(a) above, the shift supervisor shall place the inmate in maximum management housing. Immediately after placement, the shift supervisor at FSP shall enter in OBIS a referral for maximum management detailing the information and circumstances requiring maximum management placement.

(c) Within 24 hours after an inmate is placed in maximum management housing, the warden or duty warden shall review the shift supervisor’s referral for maximum management and document a decision, based on the criteria set forth in subsection (2) above, as to whether the inmate’s conduct was severe enough to warrant placement in maximum management housing pending completion of the hearing process in subsection (4) below. If the warden or duty warden determines that it is unnecessary to keep the inmate in maximum management housing pending completion of the hearing process, the inmate shall be placed in administrative confinement and the procedure for placement in close management outlined in Rule 33-601.800, F.A.C., shall be followed if the inmate is not already in close management. If the inmate was already in close management or death row status, the inmate shall be returned to that status. If the behavior for which the inmate was referred for maximum management warrants consideration of an upward modification of the inmate’s close management level, that action shall take place after the inmate’s return to close management in accordance with Rule 33-601.800, F.A.C. If the warden or duty warden determines that maximum management placement is appropriate, the inmate shall immediately be given a written notice including the reason for the placement referral and informing the inmate that a hearing to review the placement shall be held no sooner than 24 hours from the delivery of the notice. The inmate may waive the 24-hour waiting period or his or her appearance at the hearing by signing Form DC6-104, 24 Hour/Refusal to Appear Waiver. Form DC6-104 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is April 13, 2006.

(d) The classification supervisor shall docket the inmate’s hearing before the ICT for consideration of placement in maximum management status.

(4) Initial Placement Hearing and Decision Process.

(a) The ICT shall conduct a hearing with the inmate to determine whether placement in maximum management is appropriate.

(b) The inmate shall be present for the hearing unless:

1. The inmate waives his or her right to appear by signing Form DC6-104, 24 Hour/Refusal to Appear Waiver; or

2. The inmate’s behavior jeopardizes the security or safety of the institution or the hearing as determined by the ICT chairperson.

(c) If the inmate does not attend the hearing, the reasons the inmate did not appear at the hearing shall be included in the ICT recommendation entered in OBIS.

(d) If the ICT chairperson determines that staff assistance is needed for the inmate based upon language barriers or other existing barriers, the chairperson shall appoint a staff assistant.

(e) The ICT chairperson shall offer the inmate the opportunity to make a verbal statement or present a written statement.

(f) The ICT chairperson shall have authority to postpone the hearing to gather further information or order an investigation regarding any pertinent issues. If the hearing is postponed, the reasons for postponement shall be entered in OBIS.

(g) The ICT shall recommend approval or disapproval of the recommendation for placement in maximum management. The ICT’s recommendation and the basis for the recommendations shall be entered in OBIS.

(h) The ICT’s recommendation shall be forwarded to the warden for review. The warden’s recommendation for approval or disapproval of maximum management placement conditions and the basis for the recommendations shall be entered in OBIS.

(i) The warden’s recommendation shall be forwarded to the regional director for final review. The regional director’s decision to approve or disapprove maximum management placement and the basis for the decision shall be entered in OBIS. If the regional director disapproves the placement, the inmate shall immediately be removed from the maximum management cell and reclassified to the inmate’s original status or placed in administrative confinement pending close management referral.

(j) The classification supervisor at FSP shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status changes approved by the regional director. The classification supervisor shall also ensure that the inmate is informed verbally and in writing of the regional director’s decision. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

(5) Initial Conditions of Placement in Maximum Management. Inmates shall be subject to the following conditions upon initial placement in maximum management:

(a) The inmate shall be provided clothing and bedding. If the inmate’s behavior requires, the shift supervisor may authorize the removal of clothing or bedding or that the solid door be closed for security reasons either upon initial placement or at any time during maximum management status. The shift supervisor shall notify the warden of any such action. If in agreement with the action, the warden shall notify the regional director for final approval no later than the first work day following the shift supervisor’s action. If an inmate’s clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229, Daily Record of Special Housing. Under no circumstances shall an inmate be left without a means to cover himself or herself.

(b) Reading materials – possession is limited to a bible, religious testament, or other reading material specifically related to the inmate’s faith only.

(c) Out-of-doors recreation – limited to two hours once every 30 days for the first 60 days and two hours twice every thirty days thereafter or until the inmate’s exercise privileges have been reinstated pursuant to subsection (7) below.

(d) Possession of legal materials shall be permitted, and excess legal materials shall be stored pursuant to subsection 33-602.201(6), F.A.C.

(e) Legal visits shall be permitted.

(f) Routine bank transactions or canteen purchases shall not be allowed, with the exception of stamp, paper, security pen, and envelope purchases for mail legal work, and inmate requests, and grievances.

(g) Tablets and kiosks – inmates in maximum management are not permitted to possess a tablet or have access to kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C., and shall not have video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(6) Review of Maximum Management Status and Conditions.

(a) The ICT shall review the inmate’s maximum management status, the conditions set forth in subsection (4), above, and previously modified conditions weekly for the first 60 days from the date of placement, and at least monthly thereafter.

1. Reviews by the ICT shall be documented on Form DC6-229, Daily Record of Special Housing.

2. If the ICT recommends the inmate’s release from maximum management or a modification of the inmate’s conditions during the first 60 days, the ICT shall enter its recommendation in OBIS.

3. All reviews conducted by the ICT after the first 60 days of maximum management status shall be entered in OBIS. This documentation shall include any recommendations for modifications of the inmate’s conditions.

4. The ICT shall enter in OBIS an inmate’s guilty findings on any disciplinary reports and all recommendations for modification of the inmate’s conditions.

(b) All ICT reviews entered in OBIS shall be reviewed by the warden. The warden shall document his or her reason for approval, disapproval, or modification of the ICT recommendations in OBIS.

(c) The warden’s recommendations for approval, disapproval, or modification of the inmate’s status or conditions shall be reviewed by the regional director. The regional director shall document approval, disapproval, or modification of the warden’s recommendation in OBIS.

(d) If the regional director approves the inmate for release from maximum management status, the inmate shall be placed in close management or death row housing. The decision to release the inmate from maximum management status shall be entered in OBIS. An inmate shall not be subjected to modification of conditions until the modifications are approved by the regional director, except as allowed in paragraph (4)(a), above.

(e) The classification supervisor at the maximum management facility shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status or condition changes approved by the regional director. The classification supervisor at the maximum management facility shall ensure the inmate is immediately removed from maximum management housing if approved by the regional director and returned to close management or death row housing.

(f) The ICT at the maximum management facility shall ensure that staff adhere to any time frames approved in reference to inmate conditions.

(7) Periodic Modification of Conditions.

(a) If after the following time frames the regional director determines an inmate has displayed satisfactory adjustment to maximum management, taking into account the severity of any guilty findings on disciplinary reports created since the inmate’s initial placement on maximum management status, and therefore determines that reinstatement of privileges is appropriate, privileges shall be reinstated as follows:

1. After six consecutive months on maximum management and with the approval of the regional director, the following privileges shall be reinstated:

a. Recreation privileges up to one two-hour session per week; and

b. Property privileges to the extent that the inmate may possess two periodicals and may check out books from the library.

2. After nine consecutive months on maximum management and with the approval of the ICT, the following privileges shall be reinstated:

a. Recreation privileges up to two two-hour sessions per week; and

b. Canteen privileges limited to one order per week. The inmate is further limited to five non-food items and five food items. In making this determination, with the exception of stamps, security pens, and notebook paper, it is the number of items counted rather than the type of item. With respect to stamps, security pens, and notebook paper, twenty-five stamps or fewer count as one item, three security pens or fewer count as one item, and two packages or fewer of notebook paper count as one item.

3. After 12 consecutive months on maximum management and with approval of the ICT, the following privileges shall be reinstated:

a. Recreation privileges up to three two-hour sessions per week; and

b. Ability to purchase a Walkman-type radio, headphones, and batteries or to be issued these items from the inmate’s stored property.

(b) If the ICT determines an inmate has displayed unsatisfactory adjustment to maximum management, taking into account the severity of any guilty findings on disciplinary reports created since the inmate has had his or her privileges reinstated, the ICT shall review the reports and make a determination as to whether and to what extent privileges shall be revoked.

(c) Any recommendations by the ICT and/or warden and regional director decisions to modify conditions shall be entered in OBIS during weekly or monthly reviews of the inmate’s maximum management status. The classification supervisor at FSP shall ensure that Form DC6-229, Daily Record of Special Housing, is documented with any status or condition changes approved by the regional director.

(8) Onsite Review of Maximum Management.

(a) If an inmate remains in maximum management status for 90 days, the regional director or designee shall conduct an on-site review of the inmate’s maximum management status and conditions. This onsite review shall take place after every 90-day period of continued maximum management status. The regional director’s designee for this purpose shall be the assistant regional director or the regional correctional services administrator.

(b) The ICT shall participate in the review of the inmate’s adjustment with the regional director or his or her designee.

(c) The regional director’s decisions made following this on-site review shall be entered in OBIS as directed in subsection (7), above.

(9) Security Requirements.

(a) All security requirements outlined in Rule 33-601.800, F.A.C., for close management inmates are applicable for all maximum management inmates.

(b) Additionally, the following security precautions shall be followed for maximum management inmates:

1. The inmate shall remove all clothing to allow for an unclothed body search and pass the clothing to the officers for thorough search before being restrained and exiting the cell. The inmate shall remain under constant visual surveillance during the process.

2. Before exiting the cell, a maximum management inmate shall be restrained in a manner commensurate to his or her level of threat and in the presence of a minimum of two officers.

3. Once out of the cell, the inmate shall be placed in leg irons and escorted by two correctional officers at all times.

4. The cell shall be thoroughly searched each time the inmate exits the cell for any reason, but no less frequently than three times each week.

5. When escorting a maximum management inmate past other maximum management inmate cells, the cells shall have the solid security door and cuff/food port closed and secured.

6. Under no circumstances shall any two maximum management inmates be out of the cells under escort in the same area at the same time.

7. A maximum management inmate shall submit to an unclothed body search and clothing search each time the inmate is returned to the cell from any escort.

(10) Other Conditions of Confinement.

(a) Religious services shall be delivered by institutional chaplaincy staff or approved volunteers only.

(b) Inmates in maximum management shall be required to conduct legal business by correspondence rather than a personal visit to the law library, when possible. If access to the law library is required, a secure cell in the law library shall be used to prevent direct contact with other inmates including law clerks.

(c) Medication shall be dispensed and administered in accordance with health services protocols for confinement.

(d) Inmates who are housed in maximum management shall have mental health and medical care services to the same extent as close management inmates. Monitoring of inmates shall be as described in Rule 33-601.800, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 12-7-00, Amended 11-23-03, 4-1-04, 4-13-06, 10-30-06, 4-27-08, 5-18-09, 3-6-14, 7-14-14, 12-13-15, 1-18-21.

33-601.830 Death Row.

(1) Definitions.

(a) Death Row – The single-cell special housing status of an inmate who, upon conviction or adjudication of guilt of a capital felony, has been sentenced to death. Death row housing cells shall be separate from general population housing.

(b) Death Warrant Phases – The three stages of death row housing status that occur after an inmate’s death warrant has been signed by the Governor. The three stages are as follows:

1. Phase I begins when an execution date is set.

2. Phase II begins at 8:00 a.m. seven calendar days prior to an inmate’s set execution date.

3. Phase III refers to the status of an inmate whose death warrant has been signed by the Governor, but who does not have an execution date due to a stay. Phase III inmates have the same privileges as all other death row inmates except as otherwise provided in this rule.

(c) Institutional Classification Team (ICT) – The team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making inmate status decisions and for making other classification recommendations to the state classification office, regional director, and warden. At private facilities, the Department’s representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department’s representative is final.

(d) Lewd or Lascivious Exhibition – an inmate commits a lewd or lascivious exhibition when the inmate does any of the following in the presence of a person who is not in the custody of the Department:

1. Intentionally masturbates;

2. Intentionally exposes the genitals without authorization; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity.

(e) Major Rule Violation – Any assault, battery, or attempted assault or battery; any lewd or lascivious exhibition; any spoken or written threat towards any person; inciting, attempting to incite, or participating in any riot, strike, mutinous act, or disturbance; fighting; possession or trafficking of weapons, ammunition, explosives, cell phones, unauthorized drugs, escape paraphernalia, or any other item that presents a threat to the safe and secure operation of the institution; and any escape or escape attempt.

(f) State Classification Office (SCO) – The office or Department staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(2) An inmate who is not under sentence of death may be housed on death row when:

(a) The inmate’s death sentence has been overturned and the inmate is awaiting resentencing;

(b) The inmate is assigned to work in death row housing; or

(c) The warden has declared an emergency requiring use of death row housing for inmates not under sentence of death. In this instance, the warden shall notify the Deputy Secretary of Institutions or designee of the housing arrangement.

(3) Reviews.

(a) Annual Reviews – At least annually, a death row inmate shall be reviewed by his or her classification officer to determine overall institutional adjustment based on the inmate’s disciplinary history, participation in programming, and cooperation with staff. This review shall be entered into the Department’s electronic inmate database.

(b) ICT Reviews – The ICT shall conduct a review of a death row inmate when the inmate:

1. Is found guilty of a disciplinary report; or

2. Has had restrictions placed on his or her outdoor exercise pursuant to subparagraph (7)(j)3. of this rule. This review shall be conducted every six months after imposition of the restriction.

(4) Monitoring Death Row Inmates – Staff shall monitor death row inmates as follows:

(a) At least every 30 minutes by a correctional officer;

(b) Daily by the shift supervisor;

(c) Weekly by the chief of security;

(d) Weekly by the warden and assistant wardens having responsibility over the death row unit;

(e) Daily by a clinical health care person;

(f) Weekly by the chaplain; and

(g) Weekly by a classification officer, or more frequently as disciplinary incidents may require.

(5) Restraints and Escort Requirements.

(a) Prior to opening a death row cell for any reason, staff members shall restrain the inmate.

(b) A minimum of two officers shall be physically present whenever a death row cell door is opened.

(c) Prior to escorting an inmate from a death row cell for any activity within the housing unit, the inmate shall be thoroughly searched. If the inmate is escorted outside the immediate housing unit, the inmate shall be subject to an unclothed body search and restraint devices (handcuffs, waist chain, black box, and leg irons) shall be used.

(d) Once an inmate is properly restrained and searched and his or her cell is secured, only one officer is required to accompany the inmate.

(6) Except for visitation purposes, if more than one inmate is out of his or her cell within the death row unit at a time, there shall be one officer accompanying each inmate, and the inmates shall be kept at a distance from each other to preclude any unauthorized physical contact.

(7) Conditions and Privileges – The following conditions and privileges apply to all death row inmates except Phase I and Phase II inmates.

(a) Clothing – No death row inmate shall be issued a belt. “Croc” style shoes shall be provided as regulation foot wear. Death row inmates shall be distinguished by designated different clothing that must be worn whenever they are out of the death row unit for the purpose of escort or transport. Otherwise, death row inmates shall be provided the same clothing and clothing exchange as inmates in general population unless there are facts to suggest that on an individual basis, exceptions are necessary for the welfare of the inmate or the security of the institution. If an inmate’s clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C. Under no circumstances shall an inmate be left without a means to cover himself or herself.

(b) Bedding and Linens – Bedding and linens shall be issued and exchanged for death row inmates in the same manner as is provided to inmates in general population, and any restrictions shall be based on potential harm to individuals or threat to the security of the institution.

(c) Comfort Items – Unless an item poses a potential threat of harm to an individual or a potential threat to the security of the institution, inmates on death row shall be permitted personal hygiene items and other medically necessary or prescribed items, such as eye glasses and hearing aids. Death row inmates shall not possess any products that contain baby oil, mineral oil, cocoa butter, or alcohol. At a minimum, death row inmates shall be provided a toothbrush, toothpaste, a bar of soap, a towel or paper towels, toilet tissue, and feminine hygiene products for women.

(d) Personal Property – Inmates on death row shall be allowed to possess property such as watches, rings, stamps, envelopes, writing paper, approved televisions, fans, Walkman-type radios, tablets, tablet chargers (if approved by the warden), headphones, and earbuds unless an item poses a potential threat of harm to an individual or a potential threat to the security of the institution. Each inmate may possess no more than one approved television, fan, radio, tablet, set of headphones, and set of earbuds.

(e) Canteen – Death row inmates shall be permitted to make authorized canteen orders in accordance with Rule 33-203.101, F.A.C.

(f) Writing Utensils – Inmates on death row shall possess only security pens, with a possession limit of four. If no security pens are available, an inmate may sign out a regular pen from the assigned officer, which must be returned upon completion of preparation of the document. Care shall be taken to ensure that an inmate who requests a pen in order to prepare legal documents or legal mail or to file a grievance with the Department has access to a pen for a time period sufficient to prepare the legal documents, legal mail, or grievances.

(g) Reading Material – Inmates shall be provided access to admissible reading material as provided in Rule 33-501.401, F.A.C., unless it poses a potential threat to the safety, security, or sanitation of the institution. If it is determined that there is such a threat, the material shall be removed. Removal of reading material shall be documented and reviewed in accordance with paragraph (7)(i) of this rule.

(h) Televisions – An inmate on death row may possess a television in his or her cell. Approved televisions may be purchased from the institutional canteen; otherwise, televisions shall be provided by the Department, if available, as follows:

1. As inmates are placed on death row, their names shall be placed in a television logbook. As televisions become available, the televisions shall be assigned to inmates in the order that their names appear in the logbook.

2. Inmates shall be allowed to operate televisions between the hours of 8:00 a.m. and 11:30 p.m. unless otherwise authorized or restricted by the warden or designee. Televisions shall be turned off during count procedures.

3. Televisions shall only be operated with headphones or earbuds.

4. Inmates in disciplinary confinement shall have their televisions removed. The television shall then be assigned to the next eligible inmate as indicated in the television logbook. Inmates who are guilty of a disciplinary infraction and who do not have televisions shall have their names removed from the logbook until their disciplinary confinement time is completed. Their names shall then be added to the bottom of the list.

5. Inmates transferring from the institution for twenty-four hours or longer shall have their televisions reassigned to the next eligible inmate, as indicated in the television logbook.

6. Altering the television, earphones, or any parts thereof, including the electrical cord, shall result in disciplinary action and possible loss of television privileges.

(i) Removal or Denial of Items – Any item may be denied an inmate or removed from a death row cell to prevent the inmate from inflicting injury to himself, herself, or others, to prevent the destruction of property or equipment, or to prevent the inmate from impeding security staff from accomplishing functions essential to the unit and institutional security. The senior correctional officer on duty must initially approve the decision to deny or remove clothing, bedding, or any other items from the cell and document the action on Form DC6-229, Daily Record of Special Housing. Removal of any property item shall also be documented by security staff on Form DC6-220, Inmate Impounded Property List, and signed by the inmate designating what items were removed. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C. The original Form DC6-220 shall be placed in the inmate’s property file, and a copy of the form shall be given to the inmate for his or her records. The duty warden shall make a final decision regarding the appropriateness of any removal no later than the next working day. If items are removed from a death row cell pursuant to this paragraph, staff shall re-assess the need for continued restriction every 72 hours thereafter and document the assessment on Form DC6-229. The warden, based on this assessment, shall make a final determination on the continued denial or return of the items and document the decision on Form DC6-229. The items shall be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction is present.

(j) Exercise – An exercise schedule shall be implemented to ensure a minimum of six hours per week of exercise out-of-doors. Such exercise periods shall be documented on Form DC6-229, Daily Record of Special Housing.

1. Medical restrictions can place limitations on an inmate’s exercise periods. A disabled inmate who is unable to participate in the normal exercise program shall have an exercise program developed for him or her that shall accomplish the need for exercise and take into account the particular inmate’s limitations. Recreational equipment may be available for such exercise periods provided the equipment does not compromise the safety or security of the institution. The reasons for any medically-based exercise restrictions shall be documented on Form DC6-229.

2. The ICT is authorized to deny exercise for an individual inmate when the inmate is found guilty of a major rule violation as defined in this rule. Inmates shall be notified in writing of this decision and may appeal through the grievance procedure. The denial of exercise shall be for no more than 15 days per incident and for no longer than 30 days in cumulative length. If the inmate requests a physical fitness program handout, the wellness specialist or the confinement officer shall provide the inmate with an in-cell exercise guide, which shall be documented on Form DC6-229.

3. The ICT is authorized to restrict the place and manner of outdoor exercise, such as an inmate’s ability to interact with other inmates or use exercise equipment, if the inmate has been convicted of or found guilty through the Department’s disciplinary process in Chapter 33-601, F.A.C., or an investigation sufficiently documents that the inmate was involved in:

a. Assault or battery, murder, or attempted murder of a correctional officer, volunteer, visitor, or other inmate within an institution; or

b. Escape or attempted escape; or

c. Possession of escape paraphernalia; or

d. Any major rule violation that requires heightened security measures to ensure the safety of staff, inmates, and the public, or the security of the institution.

4. Phase III inmates shall be restricted from exercise pursuant to subparagraph (15)(b)8. of this rule.

(k) Telephone Privileges – Death row inmates shall have only those telephone privileges expressly and particularly provided for such inmates in Rule 33-602.205, F.A.C.

(l) Visitation – Death row visits shall be contact visits unless security concerns indicate that a non-contact visit is necessary, in which case the non-contact visit shall be approved by the warden in advance. Visitation shall be on Saturday or Sunday (only one day of visitation per week per inmate) between the hours of 9:00 a.m. and 3:00 p.m. The visitation provisions of Chapter 33-601, F.A.C., otherwise apply. News media visits shall be in accordance with Rule 33-104.203, F.A.C. Death row inmates shall have video visitation privileges pursuant to Rule 33-602.901, F.A.C. Death row inmates are allowed one 15-minute video visit each calendar week, and no extensions shall be permitted. Video visits must be scheduled at least three days in advance.

(m) Library Services – Inmates shall be allowed to check out library books once weekly, with a possession limit of four books.

(n) Self-Improvement Programs – Inmates shall be permitted to participate in self-improvement programs unless participation poses a security threat to inmates or staff. Such programs shall take place in the inmate’s housing area in a manner that conforms to the need for security.

(o) Kiosk, Kiosk Services, and Tablet Services – With the exception of outgoing videograms, inmates on death row are permitted access to kiosks, kiosk services, and tablet services as provided for in Rule 33-602.900, F.A.C.

(8) Personal Hygiene – Inmates on death row shall meet the same personal hygiene standards required of inmates in general population.

(9) Correspondence – Correspondence shall be in accordance with Chapter 33-210, F.A.C.

(10) Attorney and Consulate Visits – Attorney visits shall be in accordance with Rule 33-601.711, F.A.C., and Consulate visits shall be in accordance with Rule 33-601.7115, F.A.C.

(11) Legal Access – Legal access for all death row inmates except those on Phase I and II of an active death warrant shall be as follows:

(a) Inmates shall be permitted to have access to their personal legal files and law books, to correspond with the law library, to have the law library deliver legal materials to their cell, and to correspond with inmate law clerks. Efforts shall be made to accommodate the research needs of inmates on death row who demonstrate that they need to meet a deadline imposed by law, rule, or order of court, including the provision of opportunities to visit a secure, single-person room within the law library at least once per week for up to two hours if security concerns permit. Death row inmates using the law library are required to stay in a secure, single-person room in order to conduct research and draft legal documents, and materials shall be obtained via non-contact interaction with library staff or inmate law clerks under the supervision of security staff. Inmates may be required to conduct legal business through correspondence rather than a personal visit to the law library if security requirements prevent a personal visit.

(b) Written inmate requests for legal assistance shall be directed to the librarian or designee and shall be responded to within two working days of receipt, not including the day of receipt. Specific requests for cases, statutes, or other reference materials or requests for legal supplies or forms shall be responded to by means of correspondence. However, written inmate requests for legal assistance that are broad in scope, contain incorrect references to research materials, or contain styling or content errors that indicate the inmate lacks an understanding of the law or legal research or that he or she may be impaired shall be responded to by personal interview with an inmate law clerk or the librarian or designee.

(c) Inmates shall be limited to the receipt of no more than 15 research items from the law library at any one time. Research items are defined as photocopies of cases, statutes, and other reference materials provided by the law library and do not include the inmate’s personal legal papers, pleadings, or transcripts. Institutions shall require that inmates return all research materials supplied previously by the law library or explain why some or all research materials issued previously must be retained in order to receive additional materials. Institutions shall also limit the accumulation of research materials when their possession in an inmate’s cell creates a safety, sanitation, or security hazard.

(d) Illiterate and impaired inmates shall be permitted to request a visit with an inmate law clerk by making an oral request to the correctional staff working in the unit. Upon receipt of the oral request, the correctional staff shall contact the law library to schedule a visit between the inmate and inmate law clerk. The inmate shall be required to remain in a secure, single-person room in the law library and have non-contact interaction with the inmate law clerk.

(e) Indigent inmates shall be provided paper, security pens, and envelopes in order to prepare and send legal papers.

(12) Diet and meals shall be provided in accordance with Chapter 33-204, F.A.C.

(13) Form DC6-228, Inspection of Special Housing Record, shall be maintained in each death row unit. Form DC6-228 is incorporated by reference in Rule 33-601.800, F.A.C. Each staff person shall sign the form when entering and leaving the death row unit. Prior to departure, each staff member shall indicate any specific problems, including any inmate who requires special attention. Upon completion, Form DC6-228 shall be maintained in the housing area and forwarded to the correctional officer chief on a weekly basis, where it shall be maintained on file pursuant to the current retention schedule.

(14) Form DC6-229, Daily Record of Special Housing, shall be maintained for each inmate in the death row unit for 30 days, after which the form shall be forwarded to the warden for review. Once reviewed, these forms shall be forwarded to classification to be filed in each inmate’s respective file. Form DC6-229 shall be utilized to document any and all activities, including cell searches, items removed, showers, recreation, haircuts, and shaves. Form DC6-229B, Daily Record of Special Housing – Supplemental, may be used if further writing space is needed. Form DC6-229B is incorporated by reference in Rule 33-601.800, F.A.C. Additionally, staff shall fully and completely document when:

(a) There is an unusual occurrence in the inmate’s behavior;

(b) It becomes necessary to notify the medical department;

(c) The inmate refuses food;

(d) The inmate changes cells;

(e) Medical staff performs any function, such as dispensing medication;

(f) The inmate’s diet is ordered to be changed;

(g) Complaints are received and medical treatment is therefore given;

(h) The classification officer conducts a review;

(i) The inmate engages in disruptive behavior requiring that official action be taken; or

(j) Disciplinary violations occur.

(15) Death Warrants – Upon receipt of a death warrant signed by the Governor authorizing execution, the warden or designee shall determine the housing location of the inmate. Inmates housed at Union Correctional Institution shall be immediately transferred to Florida State Prison. Upon arrival, the warden shall inform the inmate of the death warrant, and the inmate shall be allowed to contact his or her attorney and a family member at state expense. If the inmate is housed at Lowell Correctional Institution, the inmate shall not be transferred to Florida State Prison until Phase II. The warden at Lowell shall inform the inmate of the death warrant and allow the inmate to contact her attorney and a family member at state expense.

(a) At the initiation of Phase I, the warden of Florida State Prison shall notify the Deputy Secretary of Institutions or designee and the regional director. Wardens of surrounding institutions shall be informed should circumstances warrant the activation of a rapid response team. Local law enforcement agencies shall also be notified.

(b) Conditions and privileges for Phase I and Phase II inmates.

1. Phase I and Phase II inmates may possess the following state issued property:

a. A standard issue of clothing,

b. One bed,

c. One mattress,

d. One pillow,

e. A standard issue of bedding,

f. One toothbrush,

g. One tube of toothpaste,

h. One bar of soap,

i. One towel,

j. One pair of underwear,

k. Toilet tissue as needed,

l. Six sheets of stationery,

m. Three envelopes,

n. A maximum of 10 religious texts distributed by the institutional chaplain,

o. Writing paper distributed by the library as needed,

p. Notary services upon request,

q. One security pen,

r. One television, and

s. Form DC1-303, Request for Administrative Remedy or Appeal, and Form DC6-236, Inmate Request, as needed. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

2. The inmate’s visiting list shall be frozen once an execution date is set. No additional visitors can be added to a Phase I or Phase II inmate’s approved visiting list. All visits shall be non-contact, except that the inmate may receive a one-hour contact visit on the day of execution.

3. News media visits and interviews shall be in accordance with Chapter 33-104, F.A.C.

4. Inmate bank access shall be the same as for any other inmate, except that Phase II inmates may not request more than two special withdrawals during the week.

5. Canteen privileges shall be allowed in accordance with paragraph (7)(e) above but may be restricted or denied if they pose a security threat. Canteen orders shall be reviewed by the administrative lieutenant prior to delivery.

6. Inmates may request in writing to the librarian and receive legal materials from the law library. All such requests are to be routed through the death watch supervisor. Copying services or notary services shall be handled by staff without the involvement of any inmate.

7. The inmate shall be allowed to receive periodical subscriptions but may not order new subscriptions.

8. Exercise for all inmates with signed death warrants, including Phase III inmates, shall be suspended. However, an inmate shall be permitted to resume exercise and recreation in accordance with subparagraphs (7)(j)1.-3. above if the inmate remains in Phase III status longer than 90 days.

(16) All death row inmates remain subject to disciplinary action for violation of rules and regulations.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 11-22-10, Amended 9-27-11, 9-24-12, 12-9-12, 3-6-14, 8-11-16, 1-18-21.

33-601.901 Confidential Records.

(1) Inmate and offender access to records or information.

(a) Inmate and offender access to non-medical and non-substance abuse records or information.

1. No inmate or offender under jurisdiction of the Department shall have unlimited or routine access to any information contained in the records of the Department. Section 945.10(3), F.S., authorizes the Department of Corrections to permit limited access to information if the inmate or offender makes a written request and demonstrates an exceptional need for information contained in the Department’s records and the information is otherwise unavailable. Such information will be provided by the Department when the inmate or offender has met the above requirements and can demonstrate that the request is being made under exceptional circumstances as set forth in Section 945.10(3), F.S.

2. It will be the responsibility of the inmate or offender to maintain such information, and repeated requests for the same information will not be honored. Copies of documents which have been previously provided to the inmate or offender under other rules of the Department will not be provided unless the inmate or offender can demonstrate that exceptional circumstances exist.

3. No inmate or offender shall have access to any other inmate or offender’s file.

4. An inmate desiring access to non-medical or non-substance abuse information must submit a written request to their classification officer or officer-in-charge of a community facility. A supervised offender must submit the request to their supervising officer. If the request does not meet the requirements specified in Section 945.10(3), F.S., the request will be denied in writing. If the request meets the requirements specified in Section 945.10(3), F.S., the request will be approved without further review. If the request meets the requirements specified in Section 945.10(3), F.S., but details exceptional circumstances other than those listed, the classification officer or officer-in-charge will review the request and make a recommendation to the classification supervisor, who will be the final authority for approval or disapproval of requests from inmates. For supervised offenders, the recommendation will be submitted to the correctional probation circuit administrator or designee, who will be the final authority for approval or disapproval.

(b) Inmate and offender access to their own medical or substance abuse clinical files is addressed in Rule 33-401.701, F.A.C.

(2) Copy costs and special service charge for review of records.

(a) If the requested information requires duplication, the cost of duplication must be paid by the inmate or offender, and the inmate or offender must sign a receipt for such copies. The cost for copying is $0.15 per page for single-sided copies. Only one-sided copies will be made for inmates; two-sided copies will not be made for inmates. Additionally, a special service charge will be assessed for providing information when the nature or volume of the records requested requires extensive clerical or supervisory assistance by Department personnel. “Extensive” means that it will take more than 15 minutes to locate, review for confidential information, copy, and refile the requested material. The special service charge will be computed to the nearest quarter of an hour exceeding 15 minutes based on the current rate of pay for the paygrade of the person who performed the service. Exceptions will not be made for indigent inmates or offenders; indigent inmates will be required to pay for copies.

(b) If the inmate requests copies of their own medical file under Section 766.204, F.S., copies will be provided in accordance with Rule 33-501.302, F.A.C. If funds are not available at the time of request, a lien will be placed on the requesting inmate’s account for copies.

(3) The following records or information contained in Department files is confidential and will be released for inspection or duplication only as authorized in this rule or in Rule 33-401.701, F.A.C.:

(a) Protected health information of an inmate or offender. Protected health information refers to inmate or offender information that is created or received by the Department of Corrections, whether oral, recorded, transmitted, or maintained in any form or medium, that relates to the past, present, or future physical or mental health or condition of an inmate or offender, the provision of health care to an inmate or offender, or the past, present, or future payment for the provision of health care to an inmate or offender and such information identifies an inmate or offender or there is a reasonable basis to believe the information can be used to identify an inmate or offender. Records maintained by the Department that contain protected health information include: medical and hospital files as defined in Rule 33-401.701, F.A.C., medical reports, opinions, memoranda, charts or any other medical record or report of an inmate or offender, including medical, mental health, and dental information in classification reports; clinical drug treatment and assessment records; letters, memoranda or other documents containing opinions or reports on the description, treatment, diagnosis or prognosis of the medical or mental condition of an inmate or offender; the psychological screening reports contained in the admission summary; the psychological and psychiatric evaluations and reports on inmates or offenders; health screening reports; Mentally Disordered Sex Offender Status Reports; portions of inspector general reports containing medical and mental health reports. Other persons may review medical and mental health records only when necessary to ensure that the inmate or offender’s overall health care needs are met, or upon a specific written authorization from the inmate or offender whose records are to be reviewed, or as provided by law. If a request for inmate or offender protected health information, mental health, medical, or substance abuse records is submitted upon consent or authorization given by the patient inmate or offender, Form DC4-711B, Consent and Authorization for Use and Disclosure, Inspection and Release of Confidential Information, or, when appropriate, its Spanish-language version, Form DC4-711Bsp, or a HIPAA compliant release of protected health information form from another governmental agency must be used in accordance with Rule 33-401.701, F.A.C. Form DC4-711B is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-06699. The effective date of this form is May, 2016. Form DC4-711Bsp is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-06698. The effective date of this form is May, 2016. Offenders under supervision, or previously under supervision, who desire information from their own records will be referred to the agency or office originating the report or document to obtain such information.

(b) Preplea, pretrial intervention, presentence and postsentence investigation reports including supplements, addenda and updates, except as provided in Section 960.001(1)(g), F.S.

(c) Information regarding a person in the federal witness protection program.

(d) Florida Commission on Offender Review records which are confidential or exempt from public disclosure by law.

(e) Information which if released would jeopardize a person’s safety.

(f) Information pertaining to a victim’s statement or which reveals a victim’s identity, address or phone number.

(g) The identity of an executioner or any person prescribing, preparing, compounding, dispensing, or administering a lethal injection.

(h) The identity of any inmate or offender upon whom an HIV test has been performed and the inmate or offender’s test results, in accordance with Section 381.004, F.S. The term “HIV test” has the same meaning as provided in Section 381.004, F.S.

(i) Records that are otherwise confidential or exempt from public disclosure by law. This confidentiality is not intended to prevent the use of the file material in management information systems or to limit the dissemination of information within the Department to health services staff having a need to know or to other criminal justice system agencies approved by the Department.

(j) Information or records held by the Department that identify or could reasonably lead to the identification of any person or entity that participates in, has participated in, or will participate in an execution, including persons or entities administering, compounding, dispensing, distributing, maintaining, manufacturing, ordering, preparing, prescribing, providing, purchasing, or supplying drugs, chemicals, supplies, or equipment necessary to conduct an execution in compliance with Chapter 922, F.S.

(4) Blueprints, detailed physical diagrams, photographs, and security system plans of institutions and facilities are confidential and can be released only as provided by law.

(5) Computer printouts containing information on inmates or offenders except those printouts specifically designated for public use are confidential and can be released only as provided in paragraph (6)(d) of this rule.

(6) Unless expressly prohibited by federal law, the following confidential records or information may be released to the Executive Office of the Governor, the Legislature, the Florida Commission on Offender Review, the Department of Legal Affairs, the Department of Children and Families, a private correctional facility or program that operates under a contract, a state attorney, the court, or a law enforcement agency:

(a) Preplea, pretrial intervention, presentence and postsentence investigations along with attachments to such reports, except as provided in Section 960.001(1)(g), F.S.;

(b) Florida Commission on Offender Review records which are confidential or exempt from public disclosure by law;

(c) Information identifying or pertaining to a victim and the victim’s statement;

(d) Other confidential information, if not otherwise prohibited by law, upon receipt of a written request demonstrating a need for the records or information.

(7) After victim information has been redacted, access to preplea, pretrial intervention, presentence or postsentence investigations is authorized as follows:

(a) To any other state or local government agency not specified in subsection (6) upon receipt of a written request which includes a statement demonstrating a need for the records or information;

(b) To an attorney representing an inmate who is under sentence of death, upon receipt of a written request which includes a statement demonstrating a need for the records or information. Such reports on an inmate not represented by the attorney for an inmate under sentence of death shall not be provided;

(c) To a public defender upon request;

(d) Written requests under paragraphs (a) and (b), above, must be submitted to the Bureau Chief of Classification and Central Records or designee for approval if the request pertains to an inmate record. If the request pertains to a report in a supervision file, the request shall be submitted to the correctional probation circuit administrator or designee of the office where such record is maintained. If confidential protected health information is included in the presentence or postsentence investigation, authorization for release must be obtained from the inmate or offender as specified herein.

(8) Parties establishing legitimate research purposes who wish to review preplea, pretrial intervention, presentence and postsentence investigation reports in the records of current or prior inmates or offenders must obtain prior approval from the Bureau Chief of Research and Data Analysis. Parties seeking to review records pursuant to this section shall be required to submit a written request to the Bureau Chief of Classification and Central Records or designee if the report pertains to an inmate, or to the correctional probation circuit administrator or designee of the office where the record is located if the report pertains to a supervised offender. The written request must disclose the name of the person who is to review the records; the name of any organization, corporation, business, school or person for which the research is to be performed; the purpose of the research; any relationship to inmates or offenders or the families of inmates or offenders; and a confidentiality agreement must be signed. After submitting the required written request, research parties must receive written approval as described in this section prior to starting the project.

(9) Unless expressly prohibited by federal law, protected health information and mental health, medical and substance abuse records as specified in paragraph (3)(a), may be released as follows:

(a) To the Department of Health and the county health department where an inmate plans to reside if they have tested positive for the presence of HIV as provided in Section 381.004, F.S.;

(b) To the Executive Office of the Governor, the Correctional Medical Authority, and the Florida Department of Health for health care oversight activities authorized by state or federal law.

(c) To a state attorney, a state court, or a law enforcement agency conducting an ongoing criminal investigation, provided that the inmate or offender agrees to the release of the information and provides written consent or, if the inmate or offender refuses to provide written consent, in response to a court order, a subpoena, such as a grand jury, investigative, or administrative subpoena, a court-ordered warrant, or a statutorily authorized investigative demand or other process as authorized by law, if:

1. The protected health information is relevant and material to a legitimate law enforcement inquiry;

2. A clear connection exists between the investigation and the inmate or offender whose protected health information is being pursued;

3. The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information or records are sought; and

4. It would not be reasonable to use de-identified information.

(d) To a state attorney or law enforcement agency if the inmate is or is suspected of being the victim of a crime provided that the inmate agrees to the disclosure and provides written consent or if the inmate is unable to agree because of incapacity or other emergency circumstance, if:

1. The information is needed to determine whether a violation of law by a person other than the inmate victim has occurred;

2. The information is not intended to be used against the inmate victim;

3. The immediate law enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the inmate victim is able to agree to the disclosure; and

4. If the Department determines the disclosure is in the best interests of the inmate victim.

(e) To a state attorney or a law enforcement agency if the Department believes in good faith that the information and records constitute evidence of criminal conduct that occurred in a correctional institution or facility, provided that:

1. The information disclosed is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information or records are sought;

2. An clear connection exists between the criminal conduct and the inmate or offender whose information is being pursued; and,

3. It would not be reasonable to use de-identified information.

(f) To the Division of Risk Management of the Department of Financial Services, upon certification by the Division that the information is necessary to investigate and provide legal representation for a claim against the Department.

(g) To the Department of Legal Affairs or to an attorney retained to represent the Department in a legal proceeding if the inmate or offender is bringing a legal action against the Department.

(h) To another correctional institution or facility or law enforcement official having lawful custody of the inmate, if the information is necessary for:

1. The provision of health care to the inmate;

2. The health and safety of the inmate, other inmates, officers, employees, others at the correctional institution or facility, or individuals responsible for transporting the inmate from one correctional institution, facility, or setting to another;

3. Law enforcement on the premises of the correctional institution or facility; or

4. The administration and maintenance of the overall safety and security of the institution or facility.

(i) To the Department of Children and Families and the Florida Commission on Offender Review, if the inmate received mental health treatment while in the custody of the Department and becomes eligible for release under supervision or upon the end of their sentence.

Rulemaking Authority 20.315, 944.09, 945.10 FS. Law Implemented 119.07, 944.09, 945.10, 945.25 FS. History–New 10-8-76, Amended 6-10-85, Formerly 33-6.06, Amended 1-12-89, 7-21-91, 9-30-91, 6-2-92, 8-4-93, 6-12-96, 10-15-97, 6-29-98, Formerly 33-6.006, Amended 9-19-00, 7-8-03, 2-9-06, 11-27-07, 11-14-10, 5-25-16, 9-5-18, 7-2-23.

33-602.101 Care of Inmates.

(1) Each institution shall provide a canteen to be operated within the institution for the convenience of the inmates in obtaining items which are not furnished by the Department of Corrections, but which are allowable within the institution through canteen purchase. Proceeds from the operation of the canteen shall be deposited in the general revenue fund as provided by law. These profits shall be used as provided in Rule 33-203.101, F.A.C. Such canteen operation shall be subject to audit, as other institutional operations are audited. Institutions with a cashless canteen shall restrict canteen purchases to those inmates with proper identification. Alternate purchase procedures shall be established for those inmates with temporary ID cards. These alternate procedures shall ensure at least a weekly opportunity to make canteen purchases.

(2) Inmates shall at all times wear the regulation clothing and identification card in accordance with Department rules, procedures, and institution policy.

(a) Class Uniforms will be as follows:

1. The male Class A uniform shall require the following:

a. The ID card shall be worn as required in paragraph (2)(j),

b. State issued outer shirt,

c. State issued pants,

d. T-shirt under outer shirt (permissible but not required to be worn underneath buttoned state issued outer shirt),

e. Under shorts,

f. State issued web belt (except for state issued pants with elastic waistband not requiring a belt),

g. Socks; and,

h. Footwear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear). Authorized athletic shoes may not, however, be worn for visitation.

2. The female Class A uniform shall require the following:

a. Either,

i. State issued outer shirt, T-shirt under outer shirt (permissible but not required to be worn underneath buttoned state issued outer shirt), state issued pants, and state issued web belt (except for state issued pants with elastic waistband not requiring a belt), or

ii. Pregnant inmates may wear maternity dresses.

b. Bra or athletic bra,

c. Panties,

d. Socks,

e. Footwear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear). Authorized athletic shoes may not, however, be worn for visitation.

3. The Class B uniform shall be the same as the Class A uniform with the following modifications:

a. State issued outer shirt is not required,

b. Footwear (includes authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear).

4. The Class C uniform shall require the following:

a. T-shirt,

b. Pants or authorized athletic shorts,

c. Under shorts (for male inmates) or panties and bra or athletic bra (for female inmates),

d. Socks,

e. Foot wear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear).

5. The following items are authorized to be worn with the Class A, B, or C uniforms when weather conditions dictate:

a. Sweatshirt under the state issued outer shirt,

b. Jacket, raincoat, or poncho,

c. Thermal underwear (except under authorized athletic shorts), or

d. Either a state issued hat or hat available from the canteen may be worn when outdoors.

(b) General Clothing Regulations: The following general clothing regulations will not supersede the clothing or uniform requirements or allowances for inmates in Maximum Management, Close Management, Disciplinary Confinement, Administrative Confinement, Work Release or Community Release inmates contained in other rules. Work release inmates shall wear civilian clothing as required by Rule 33-601.602, F.A.C.

1. The Class A uniform for males and females shall be worn as follows:

a. Monday through Friday while the inmate is on duty and up to two hours prior to the inmate beginning a work or program assignment as deemed necessary by the Warden based on the size of the institution, the characteristics of the inmate population including age and custody level, and the need to ensure that the inmate is prepared to report to his work or program assignment on time,

b. While on work detail, except as work supervisors authorize as needed for a particular work detail in subparagraph (2)(b)10.,

c. When at the library,

d. When at medical,

e. When at food service,

f. All call-outs,

g. For special programs,

h. For visitation; and,

i. During dormitory inspections by the warden or duty warden,

j. During official visits and/or tours; and,

k. At any other time when a class B or C uniform or other clothing is not specifically allowed by this or other rule.

2. The class B uniform for males and females may be worn as follows:

a. Off-duty hours,

b. While in the dormitory off-duty,

c. While participating in authorized recreational activities,

d. While on the recreational field,

e. To and from the recreational field.

3. The class C uniform for males and females may be worn as follows:

a. While in the dormitory off-duty,

b. While participating in authorized recreational activities,

c. While on the recreation yard and movement to and from the recreation yard; and,

d. Inmates shall be allowed to wear athletic shorts to the inmate canteen only in those cases where inmates are allowed to go to the inmate canteen directly from the recreation yard.

4. All items of clothing shall be worn as issued and designed to be worn and shall not be altered or defaced in any manner, except for a small (less than 1/2") DC number patch for identification.

5. Shirts shall be buttoned at all times, except for the collar, which is optional. Shirts shall be tucked into the inmate’s pants at all times. Pregnant inmates are not required to tuck in their shirts where doing so would be impracticable or impossible. Dresses must be fully buttoned.

6. Inmates shall wear either shorts or pants any time inmates are not in their beds, except that females may wear pajamas with a robe fully buttoned. Pants shall be completely buttoned before exiting the dormitory. The waist of pants and shorts shall be worn above the buttocks, around the natural waist.

7. Male inmates shall wear, at minimum, underwear while sleeping. Female inmates shall wear, at minimum, either pajamas or shorts and a t-shirt while sleeping.

8. Inmates shall wear shoes when they are outside their cells unless they are going to or from the showers. Shower slides shall not be worn outside an inmate’s dormitory except as medically approved.

9. No hats shall be worn inside, except as stated for religious reasons, and shall be removed from the head when passing through any gate area. Skull caps of any kind are prohibited.

10. The departmental supervisor is authorized to specify that certain type clothing be issued as conditions dictate. For safety purposes, work supervisors are authorized to allow modifications to the inmate Class A uniform to perform a specific task; when the task is completed, inmates must return to proper Class A uniforms.

(c) Each inmate shall be issued sufficient clothing, including outer clothing, underwear, socks, and shoes. In addition, inmates shall be furnished sufficient clothing during cold weather to ensure adequate warmth. Each inmate shall be required to make a change of outer clothing at least twice a week. Inmates shall not possess individual items of clothing in excess of the possession limits outlined in Rule 33-602.201, F.A.C., Appendix One.

(d) Inmates shall be responsible for all clothing issued to them. Inmates shall be authorized to send personal clothing to the laundry if no other laundering facilities are available for their use. If personal clothing is authorized to be sent to the laundry, it must be marked with the inmate’s name and prison number. The institution will not be responsible for lost, stolen, or torn personal clothing.

(e) A transferring inmate may, when transferred, take one issue of state clothing, to include a jacket when weather conditions indicate the need, and all personal clothing. Transfers to contract work release facilities, contract drug facilities, and female community correctional centers via public transportation shall be made with personal clothing. An inmate’s personal clothing, for purposes of transfer or upon release, may be supplied by the inmate, the inmate’s family, or from available surplus clothing.

(f) If items such as food service linens, coveralls, aprons, cooks’ caps, gloves, rubber boots, raincoats, athletic uniforms, barber and butcher jackets, straw hats, and safety helmets are necessary for work, they will be issued to the department requiring them. The warden will, on recommendation and justification by the department heads, determine what items are to be purchased and issued to inmates. All items issued on a departmental basis that can be appropriately marked shall have the department name stenciled on the items. It will be the responsibility of the warden to establish a laundry schedule for these items.

(g) Civilian clothing, when available from family members or from surplus clothes closets, may be used by the inmate for court appearances, furloughs, funerals, and other circumstances, including release, as authorized by the warden. Civilian clothing is required for inmates at work release centers and shall be worn as designated by Rule 33-601.602, F.A.C.

(h) If an inmate intentionally or negligently damages, loses or destroys his or her uniform, identification card, or other state issued clothing article, blanket or linens, disciplinary action pursuant to Rules 33-601.301-.314, F.A.C., shall be taken by the warden to obtain reimbursement from the inmate. Reimbursement will be limited to the cost of the item.

(i) Institutional clothing is the property of the State of Florida and must be returned to the Department upon an inmate’s release from incarceration. Institutional clothing shall not be worn by an inmate being released from incarceration.

(j) The ID card shall be displayed on the tab designed for identification card display located on the right side of the shirt (male) or on the collar of the blouse (female). In those circumstances in which an inmate is not wearing an upper garment, the inmate is responsible for securing the ID card on his or her person. Once the special circumstance is over, the ID card shall again be displayed on his or her shirt.

(k) Once an ID card has been issued to an inmate, the inmate shall be held responsible for the proper handling of the ID card.

(3) The warden or Officer-in-Charge shall give each inmate a receipt for any personal clothing in his possession other than that allowed by the Department of Corrections. In addition, inmates shall be permitted to send such clothing to their families, residences or other persons approved by the warden or Officer-in-Charge at no expense to the Department of Corrections. Enclosed with such clothing sent from the institution shall be an itemized list thereof, a signed copy of the inmate’s written request that it be sent to the addressee to whom the clothing is forwarded. A copy of such list and a signed copy of such written request shall be placed in the inmate’s record jacket, along with a notation showing the date of mailing. If the inmate does not send his clothing out of the institution or gives it to the institution within 30 days after his arrival at the institution, it shall be considered forfeited and may be placed in a “clothes closet” for later use by inmates, donated to charity, or disposed of by the institution. Notice of such forfeiture shall be given to the inmate in writing by the warden or designee and a copy of such notice shall be filed in the inmate’s property file. (Also see Control of Contraband, Rule 33-602.203, F.A.C.).

(4) For security and identification purposes, no inmate shall be permitted to have his or her hair, to include eyebrows and facial hair, dyed, cut, shaved or styled according to fads or extremes that would call attention to the inmate or separate inmates into groups based upon style. This would include, for example, dreadlocks, tails, woven braids, cutting, sculpting, clipping or etching numbers, letters, words, symbols or other designs into the hair. Male inmates shall have their hair cut short to medium uniform length at all times with no part of the ear or collar covered. Male inmates shall be permitted to shave their entire heads with clippers in a uniform manner unless the inmate is using his hairstyle or lack thereof to demonstrate gang affiliation or otherwise pose a threat to institutional security. Partial shaving of the head in a Mohawk or other distinctive style shall not be permitted. Sideburns shall not extend beyond the bottom of the earlobes and will have straight lines with no flare at the base. Female inmates shall be prohibited from having their hair braided or styled in any area other than the institutional beauty shop. All inmates shall elect either to be clean shaven or to grow and maintain a half-inch beard. Such a beard shall include all the hair that grows naturally on the face and front of the neck, excluding eyebrows and eyelashes. Inmates shall not display any other type, style, or arrangement of hair on the face nor front of the neck. Inmates shall not sculpt nor edge their beards. No numbers, symbols, letters, nor other designs shall appear in inmate beards. Those male inmates who desire to remain clean shaven shall be clipper shaved three times per week, and those inmates who desire to grow a half-inch beard shall have their beards trimmed three times per week with a clipper fitted with a half-inch guard. Female inmates may possess one (1) disposable state-issued razor. Notwithstanding any other provision of Chapter 33, F.A.C., upon intake at any Department reception center each inmate having hair on the face or the front of the neck shall be clean shaved once for the purpose of discovering any identifying marks, scars, tattoos, or other features.

(5) The officer in charge or a more senior official shall direct staff to shave the inmate, cut the inmate’s hair, or take other necessary action to bring the inmate into compliance with the grooming standards after all efforts to verbally persuade the inmate to comply have failed and:

(a) The inmate has been found to be in violation of Department grooming standards through the formal disciplinary process (Rules 33-601.301-.314, F.A.C.); or

(b) The inmate has been deemed by authorized medical staff to not be responsible for the non-compliance and the continuing non-compliance creates a health or welfare risk to the inmate or others.

(6) When it is necessary to use force to bring an inmate into compliance with the grooming standards, the use of force shall be documented pursuant to Rule 33-602.210, F.A.C.

(7) Fingernails shall be kept well groomed and clipped so as not to extend beyond the tips of the fingers, and no adornment of the nails shall be permitted.

(8) Inmates shall be housed, fed and worked in such a manner as to maintain control and order in the institution.

(9) All inmates shall be furnished proper medical care and medicine. Inmates with specific medical holds, lay-ins, or medical restrictions shall not be assigned any activity until approval is given by the attending physician or clinical associate. Medically prescribed food shall be provided as ordered.

(10) No inmate shall be given control or authority over other inmates.

(11) Inmates who are unable to handle or read written material due to physical impairment (this includes those who are visually impaired, paraplegic or quadriplegic, or severely affected with arthritis) and who receive assistance from the Bureau of Braille and Talking Book Library Services shall be allowed to possess a digital player from the Bureau. Any alteration of equipment provided by the Bureau shall result in confiscation of the equipment and suspension of those privileges. A tape recorder shall be available for inmate use at a location determined by the warden which allows for supervision of use and which does not unduly restrict access. Inmates shall obtain approval from the chief health officer to utilize the tape recorder in lieu of pen and paper for correspondence purposes. Any material or equipment that an inmate receives from the Bureau of Braille and Talking Book Library Services remains the Bureau’s property and must be returned to the Bureau if an inmate loses the use of this material or equipment for disciplinary reasons. Impaired inmates shall be limited to possession of four digital books. An inmate who has four digital books in his possession will not be allowed to receive additional books until some are returned to the Bureau of Braille and Talking Book Library Services.

(12) Inmate health and comfort items shall be provided in accordance with the guidelines in the Inmate Health and Comfort Items – Issuance, Form NI1-071. Form NI1-071, Inmate Health and Comfort Items – Issuance, http://www.flrules.org/Gateway/reference.asp?No=Ref-09985, 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. The effective date of this form is October, 2018.

(13) Inmates are not authorized to have any body piercings. Any body piercing observed by staff – including those found during strip search – shall be removed by the inmate and disposed of in accordance with Rule 33-602.201, F.A.C.

(a) Inmates who have body piercings that cannot be removed without medical intervention shall be escorted to medical to have the piercing removed.

(b) If the piercing cannot be immediately removed by medical staff, the inmate will be placed in Administrative Confinement in accordance with Rule 33-602.220, F.A.C., pending medical review and subsequent removal of the body piercing.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 945.215 FS. History–New 10-8-76, Amended 4-19-79, 4-24-80, 10-14-84, 1-9-85, Formerly 33-3.02, Amended 11-3-87, 10-6-88, 7-23-89, 8-27-91, 3-30-94, 11-13-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, 3-5-06, 10-23-06, 1-18-07, 5-13-08, 6-22-10, 5-24-11, 2-6-12, 5-27-12, 3-3-13, 10-14-13, 12-12-13, 10-28-14, 8-17-16, 7-20-17, 10-9-18.

33-602.110 Reward for Capture of Escapees.

A maximum of $100 shall be paid from institutional funds to the person directly responsible for physically capturing an inmate escapee or for supplying the information that directly led to the capture of an inmate escapee. In the event that more than one person is directly responsible for the apprehension, a $50 reward shall be paid to each person. The warden shall determine eligibility based on each person’s direct role and involvement in the capture of the escapee. The warden shall base the decision on written reports from staff or law enforcement authorities concerning the recapture. No employee of the Department of Corrections, state, county or municipal law enforcement or correctional agency who is engaged in the apprehension, detection, or detention of prisoners is eligible to receive such rewards.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 944.09, 944.402 FS. History–New 10-8-76, Formerly 33-3.11, Amended 10-17-88, Formerly 33-3.011.

33-602.112 Inmate Death Notification Process.

(1) Notice of Death. Upon the death of an inmate while in the custody of the department:

(a) The institution shall immediately notify:

1. The person designated by the inmate to receive notice of his death, which will typically be provided by the chaplain;

2. The Office of the Inspector General on-call supervisor via the emergency action center;

3. The Office of Health Services;

4. Victim Services in the Department’s central office;

5. Any authorized organ donor organization that has received prior approval from the deceased for removal and donation of organs;

6. The Office of the State Attorney in the judicial circuit(s) in which the inmate was sentenced to death;

7. The nearest consulate of a foreign national’s country in the case of the death of a foreign national; and

8. The district medical examiner of the district in which the death occurred, or a law enforcement agency having jurisdiction over the location, if the death appears to be the result of natural causes.

(b) The Office of the Inspector General shall immediately notify:

1. The Florida Department of Law Enforcement;

2. The district medical examiner of the district in which the death occurred, or a law enforcement agency having jurisdiction over the location, if the death occurred under suspicious circumstances or appears to be the result of unnatural causes; and

3. The State Attorney of the judicial circuit in which the death occurred.

(c) Notice of the death shall be given to the Anatomical Board at the University of Florida Health Science Center if the inmate was indigent or if the body is unclaimed or is required to be disposed of at state expense. Notice to the Anatomical Board is not required when:

1. Death was caused by a crushing injury;

2. The deceased had a contagious disease;

3. An autopsy was required to determine cause of death;

4. The body was in a state of severe decomposition; or

5. A family member objects to use of the body for medical education and research.

(2) Custody and Disposition of the Body.

(a) The body of the deceased inmate shall be kept and protected until the district medical examiner approves its release. The department shall notify the district medical examiner when the deceased has previously authorized the removal and donation of organs.

(b) After the body is released by the district medical examiner, arrangements for its lawful disposal shall be made by the department. Until the body is transported to its final place of disposal it will be surrendered to any person who makes a valid claim to it and who agrees to have it lawfully disposed of at his or her expense. The body may be held for a medically acceptable period of time to determine whether it will be claimed.

(c) The body may be claimed by any relative or friend of the deceased, by a representative of a fraternal organization of which the deceased was a member, or by the Anatomical Board at the University of Florida Health Science Center, provided that the Anatomical Board may not claim the body of any military dischargee described in Section 406.53, F.S. If competing claims to the body are received, they shall be honored in the following order:

1. Any person designated in the inmate’s will to take custody of the body,

2. Any authorized organ donor organization which has received prior approval from the deceased for removal and donation of organs,

3. Surviving spouse,

4. Other relatives in order of relationship, in accordance with Section 732.103, F.S.,

5. Any other person designated by the inmate to receive notice of his death,

6. A representative of a fraternal organization of which the deceased was a member,

7. Any other person who represents that he was a friend of the deceased,

8. The Anatomical Board at the University of Florida Health Science Center.

(3) If the body of the deceased inmate is not claimed as outlined in paragraph (2)(c), disposal shall be by burial or cremation, as determined by the warden or his or her designee, based on cost considerations and available space, locally or at the department’s designated cemetery, and whether the deceased inmate is entitled to burial in a national cemetery as a veteran of the armed forces. The warden or his or her designee shall make a reasonable effort, including contacting the county veterans service office or regional office of the United States Department of Veterans Affairs, to determine if the deceased inmate is entitled to burial in a national cemetery as a veteran of the armed forces. When cremation is the option selected for disposal, the institution or facility shall:

(a) Ensure that cremation is not prohibited by the tenets of the faith preference of the deceased inmate; and

(b) Inform family members, whenever possible and practical, that disposal of the body is to be by cremation.

Rulemaking Authority 944.09 FS. Law Implemented 406.12, 406.50, 406.53, 944.09 FS. History–New 10-8-76, Amended 9-24-81, Formerly 33-3.09, Amended 6-2-88, 2-18-90, 2-12-97, Formerly 33-3.009, 33-401.301, Amended 3-25-02, 9-9-03, 2-15-06, 4-23-20, 12-30-25.

33-602.201 Inmate Property.

(1) The reception center chief of security will ensure that an inmate property file is established for each new inmate. The inmate property file will become part of the inmate’s institutional file. All forms and correspondence pertaining to inmate property must be placed in this file in chronological order. The chief of security or designee at each institution is responsible for the maintenance of the inmate property file. An addendum will be made to Form DC6-224, Inmate Property List, any time the status of an inmate’s property changes. Form DC6-224 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://www.flrules.org/Gateway/reference.asp?No=Ref-11988. The effective date of this form is 06/20. Examples of changes include when an inmate receives additional property through an approved source or when the inmate chooses to dispose of a broken or worn out item.

(2)(a) When an inmate is initially received by the Department, the receiving or property officer will take charge of the inmate’s property. The officer will inventory all items in the inmate’s possession at that time using Form DC6-224.

(b) After final disposition is completed, the officer will give one copy of Form DC6-224 to the inmate along with that property the inmate is authorized by the Department to keep. Property remaining in the possession of an inmate is the responsibility of that inmate and not of the institution. One copy of Form DC6-224 will be placed with any property that is not authorized within the Department and that is to be stored. One copy of Form DC6-224 will be placed in the package to be mailed to the inmate’s home or to the person designated on the form; if the inmate chooses to forfeit the items, this copy of Form DC6-224 will be given to the inmate. One copy of Form DC6-224 will be placed in the inmate property file.

(c) Unauthorized property will be held at the institution for 30 days. During this 30-day period, an inmate will be given an opportunity to have any unauthorized property picked up by an approved visitor, relative, or friend, and to mail money or valuables to his or her family or other person of his or her choosing at no expense to the Department. The 30-day period will not include any time during which a grievance or grievance appeal pertaining to the disposition of the property is pending. Persons picking up items must pre-arrange with the warden for pick-up at a specific time during administrative working hours (Monday through Friday 8:00 a.m. to 5:00 p.m.).

(3) Upon arrival at any facility of the Department, an inmate will have all property in his or her possession inventoried by security staff. Any unauthorized property or any authorized property in excess of the allowed amounts noted in Appendix One of this rule, will be confiscated and stored pending disposition. The inmate will be given a copy of Form DC6-224 for such items. When it becomes necessary to confiscate and impound the authorized property of an inmate subsequent to his or her reception at an institution, it will be immediately inventoried by a Department employee in the presence of the inmate whenever possible, and a signed Form DC6-220, Inmate Impounded Property List, itemizing the property will be given to the inmate. Form DC6-220 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://www.flrules.org/Gateway/reference.asp?No=Ref-11987. The effective date of this form is 06/20. If any exigent circumstance prevents an inmate from being present during the inventory process, the inmate’s presence will not be required. In such cases, a second Department employee will witness the inventory process. Proper procedures will be followed to safeguard and store such property to prevent its loss, damage, or theft. Upon release of the property, a signed copy of Form DC6-220 will be obtained from the inmate. Money in excess of the amount allowed by Rule 33-601.602, F.A.C., found in the possession of an inmate will be handled in accordance with Rule 33-602.203, F.A.C.

(4) Authorized Property.

(a) The property reflected on the Approved Property List (Appendix One), in the indicated quantities, is authorized within the Department once an inmate is permanently assigned to an institution, provided the inmate has sufficient approved storage space. An inmate may not use another inmate’s approved storage space or other non-authorized storage containers, or store property in locations other than his or her assigned housing unit.

(b) Wardens are authorized to establish local clothing storage procedures based upon confinement or other high security status when possession of multiple items presents a security risk for inmates in that status. Local clothing storage procedures must comply with the following:

1. Clothing will be exchanged on a one-for-one basis;

2. Inmates must have the opportunity for at least three exchanges per week, or the same opportunity for exchange as provided to other inmates at the institution, whichever is greater;

3. Local clothing storage procedures must be consistently applied to all inmates of a particular security or housing status. Additional restrictions or removal of clothing items for an individual inmate for safety or security reasons must be handled and documented in accordance with rules applicable to the inmate’s confinement status.

4. An inmate on work release is allowed to have an expanded inventory of clothing and supplies consistent with his or her work requirements as approved by the warden.

(c) Wardens will establish local procedures whereby a married inmate can receive his or her wedding band if the wedding band was not brought with the inmate at the time of reception into the Department.

(d) An inmate is required to maintain receipts for items purchased from an authorized source for as long as he or she possesses the items. An authorized source includes the canteen, the friends and family program, and any vendor authorized to conduct business with the Department that has been approved to make items available for purchase by the inmate. In instances where items purchased from an authorized source are added to Form DC6-224 by the property officer, the inmate will not be required to maintain the original receipt from the authorized source. Perishable food and beverage items purchased from an authorized source are intended for immediate consumption and may not be stored in an inmate’s housing area. Perishable food and beverage items are those that are unsealed or that require refrigeration. Nonperishable food or beverage items may not be kept longer than 30 days, as evidenced by the receipt from an authorized source, and will be considered contraband if found in the possession of an inmate more than 30 days after purchase.

(e) An inmate transferred from a jail or private prison to a Department institution or facility is permitted to retain only that property that is authorized by the Department in Appendix One. Any unauthorized item will be confiscated and held by the institution or facility for 30 days. During this 30-day period, the inmate will be given an opportunity to have the items picked up by an approved visitor, relative, or friend, or to mail the items to persons of his or her choosing at no expense to the Department. The 30-day time period will not include any time during which a grievance or grievance appeal pertaining to the disposition of the property is pending.

(5) Unauthorized Property.

(a) Property that is contraband pursuant to Rule 33-602.203, F.A.C., will be handled as provided in that rule.

1. If an inmate receives postage stamps in the mail that, when added to the number already in the inmate’s possession, place the inmate over the maximum allowed, the inmate will be allowed to send the excess stamps out at his or her own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra stamps as soon as they are received. The stamps must be sent out; the institution will not store excess stamps for inmates. Excess stamps found in an inmate’s property will be considered contraband.

2. If an inmate receives or obtains printed photographs from any source that, when added to the number already in the inmate’s possession, place the inmate over the maximum allowed, the inmate will be allowed to send the excess photographs out at his or her own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra photographs as soon as they are received. Excess photographs found in an inmate’s property will be considered contraband.

3. An inmate who is in possession of the maximum number of items allowed by this rule and who wishes to replace a worn item must contact the property officer to arrange to discard or send the worn item out at his or her own expense before purchasing a replacement item.

(b) Property that is authorized for inmates in general population such as shaving powders, oils, and lotions will be unauthorized or restricted based upon an inmate’s confinement or other high security status when that item presents a security risk. Further limits on personal items for inmates in confinement or other high security statuses are authorized as referenced in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800, 33-601.820, and 33-601.830, F.A.C.

(6) Storage of Excess Legal Materials.

(a) Definitions.

1. Active Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other documents (including discovery and exhibits), in or directly pertaining to an inmate’s own pending, active or prospective cases or lawsuits before the courts or administrative agencies.

2. Inactive Legal Material: Legal material not related to the inmate’s ongoing litigation, or not directly pertaining to an inmate’s pending, active or prospective cases or lawsuits before the courts or administrative agencies.

3. Excess Active Legal Material: Active legal material that exceeds the capacity of storage available in the inmate’s locker.

4. Excess Inactive Legal Material: Inactive legal material that exceeds the capacity of storage available in the inmate’s locker.

(b) Storage of Legal Material. Each inmate is authorized to possess in his or her assigned housing area his own active or inactive legal material not exceeding the capacity of storage available in the inmate’s assigned locker.

(c) Storage of Excess Active Legal Material.

1. A secure space for storing excess active legal material will be provided for inmates to use to store active legal material that cannot be contained in the inmate’s locker. Each facility will identify a secure area for such storage.

2. When it is determined by the assistant warden or chief of security that an inmate has legal material that cannot be contained in the inmate’s assigned locker, the inmate will be given a written order from an employee of the Department providing:

a. The inmate will have seven calendar days to organize and inventory his or her legal material and separate excess inactive legal material from excess active legal material; and

b. If, after organizing and inventorying his or her legal material the inmate will not be able to fit active legal material in his or her assigned locker, the inmate will complete Form DC6-2006, Request for Storage of Excess Active Legal Material, and Form DC6-2008, Excess Active Legal Material Inventory List, and submit them to the warden for review. Form DC6-2006 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://www.flrules.org/Gateway/reference.asp?No=Ref-02183. The effective date of this form is 7-8-03. Form DC6-2008 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://www.flrules.org/Gateway/reference.asp?No=Ref-02185. The effective date of this form is 7-8-03.

3. If time is needed in excess of seven calendar days for the inmate to organize and inventory his or her legal material, the inmate must, prior to the expiration of the seven calendar day period, submit a Form DC6-236, Inmate Request, to the warden to ask for additional time to complete the review. The inmate must specify the basis for the request for additional time and how much additional time will be required to complete organizing and inventorying legal material. The total period of time for the inmate to complete this review will not exceed 30 calendar days. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

4. In the event the inmate refuses to organize and inventory his or her legal material as ordered, the inmate will receive a disciplinary report. If the inmate refuses to comply after being ordered a second time, the inmate will receive a disciplinary report and the Department will organize and inventory the material. The inventory will be performed in the same manner as the staff review described in subparagraph (6)(c)5., below.

5. Prior to placing an inmate’s active legal material into excess storage, the inmate’s legal material will be subject to a cursory review by Department staff to ensure compliance with Department rules regarding utilization of excess storage, approved property, and contraband. This review will only be conducted in the presence of the inmate. Only the case style, signature on the document (if any), and letterhead (if any) may be read. Any material that is determined by staff to not be active legal material will be collected by two designated employees and placed in one or more boxes with interlocking flaps for storage pending disposition. The warden or designee will notify the inmate on Form DC6-2007, Excessive Inactive Legal Material Disposition Determination, of the determination and that the inmate will have 30 days to make arrangements to have the excess inactive legal material picked up by an approved visitor, relative, or friend or sent out at the inmate’s expense as provided in subparagraph (6)(c)6. below. The institution will otherwise destroy the material. This notification will be provided to the inmate within three calendar days of the determination unless the inmate provides verification of a deadline that cannot be met within the three-day waiting period. The 30-day limit does not include any time that a grievance or grievance appeal is pending provided the inmate has provided the warden or the warden’s designee with the written notice required in subparagraph (6)(c)7. below. For purposes of this subparagraph, the warden’s designee may include the property room supervisor. Form DC6-2007 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://www.flrules.org/Gateway/reference.asp?No=Ref-02184. The effective date of this form is 7-8-03.

6. The cost of sending the inactive legal material to a relative or friend 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 hold will be placed on the inmate’s account and all subsequent deposits to the inmate’s account will be applied against the unpaid costs until the debt has been paid in full.

7. If the inmate intends to appeal the determination and wishes to have the order to dispose of excess inactive legal material within 30 days stayed while the appeal is proceeding, the inmate must provide written notice to the warden on Form DC6-236 that he or she intends to appeal the determination to the Office of the Secretary. The written notice must be filed within 15 calendar days of the determination. It must include a statement by the inmate that the inmate intends to appeal the determination and must specifically identify the documents or papers on which the appeal is to be based.

8. If the inmate fails to file written notice with the warden within 15 calendar days of the determination, fails to provide Form DC6-2007 as an attachment to the appeal, addresses more than one issue, or in any other way violates the grievance procedure as described in Chapter 33-103, F.A.C., the appeal will be returned without response to the issue raised.

9. If the inmate’s grievance appeal is denied and the inmate wishes to appeal the determination to the courts and have the order to dispose of the excess inactive legal material within 30 days stayed while the court appeal is proceeding, the inmate must provide written notice to the warden on Form DC6-236 that he or she intends to appeal the determination to the courts. The written notice must be filed within 30 calendar days of receipt of the response from the Office of the Secretary, must identify the court in which the appeal has been filed, must include a statement by the inmate that the inmate intends to appeal the determination, and must specifically identify the documents or papers on which the appeal is based.

10. If the inmate’s appeal is denied, the inmate will have 30 days to make arrangements to have the excess inactive legal materials picked up by an approved visitor, relative, or friend, or pay to have the material sent to one of these approved individuals. If the material is not picked up or mailed out within 30 days, the institution will destroy it.

11. Prior to being stored in excess storage, excess active legal material will be placed in one or more boxes with interlocking flaps, will be numbered in sequential order, and will have the inmate’s name and department number clearly written on the top and side of each box. Prior to being sealed, the box(es) will be inspected by staff, in the presence of the inmate, for contraband. Each box will be sealed in the presence of the inmate prior to being placed into excess storage. Form DC6-2008 must be completed or updated by the inmate before a box is sent or returned to excess storage.

12. In no event will an inmate’s active legal material be destroyed or removed from the facility except, in accordance with procedures for disposition of inmate property provided in this rule, as authorized and directed in writing by the inmate.

13. The department will not store case law, legal texts or books, or multiple copies of legal material as excess active legal material.

(d) Excess Inactive Legal Material. Excess inactive legal material will be sent out of the institution or facility by the inmate at the inmate’s expense, as provided in subparagraph (6)(c)6. above. If the inmate does not want to pay to send the excess inactive legal material out, the material will be destroyed in accordance with this rule and Rules 33-602.201 and 33-602.203, F.A.C., regarding inmate property and contraband.

(e) Inmate Access to Excess Active Legal Material.

1. When an inmate wants access to a box of active legal material stored in excess storage, the inmate must:

a. Notify the property room officer by submitting Form DC6-236; and

b. Clearly indicate by number the box being requested.

2. Barring an emergency need demonstrated by the inmate, e.g., a court deadline that requires an immediate response by the inmate, the property room officer will provide the requested box to the inmate within three workdays from date of receipt of the request, which must be date stamped when received.

3. After receipt of a box of active legal material from excess storage, the inmate will be permitted to exchange those active legal materials with other active legal materials in the inmate’s assigned locker.

4. The legal material to be exchanged will be inspected for contraband by staff and sealed in the presence of the inmate prior to the box being returned to excess storage.

5. Form DC6-2008 must be used and updated each time legal material is stored in or exchanged with legal material from excess storage.

(f) Transfer. An inmate being transferred to another institution will be permitted to take along all of the inmate’s legal material. The transferred inmate’s legal material must be maintained and possessed in accordance with the receiving institution’s available locker storage space.

(7) Impounded Property.

(a) When it is necessary to take and impound items of property belonging to or in the possession of an inmate, that property will be taken, handled, processed, and secured in a manner that will safeguard it from loss, damage, destruction, or theft while it is under the control of the Department. If the property impounded does not belong to the inmate in possession of the property, an investigation will be conducted to determine if the owner of the property knowingly permitted the use of the property. If so, the property will be handled as contraband. If it can be determined that the property was stolen or otherwise taken without permission, the impounded property will be returned to the rightful owner unless otherwise prohibited by this rule or by Rule 33-602.203, F.A.C. Inmates must report stolen items immediately to the housing officer. The officer will complete Form DC6-210, Incident Report, and an attempt will be made to locate the missing property. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(b) When property of an inmate is impounded, it will be inventoried on Form DC6-220 in the presence of the inmate whenever possible. A new inmate being processed into the Department at one of the reception centers will have his or her property recorded on Form DC6-224, with a copy being given to the inmate. Unauthorized property will be stored pending final disposition as provided in this rule. At the time of receipt into the Department each inmate will also sign Form DC6-226, Authorization for Disposition of Mail and Property, which authorizes the Department to dispose of the property should the inmate abandon it. Form DC6-226 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://www.flrules.org/Gateway/reference.asp?No=Ref-02180. The effective date of this form is 11-21-00.

1. The inventory will list and identify each item or list each group or package of personal items such as letters, legal papers, etc., maintained in a collection on Form DC6-220.

2. Form DC6-220 must be signed and dated by the Department employee recording the inventory and signed by the inmate, each in the presence of the other, unless the inmate’s presence would be a danger or a threat to security, or unless the inmate is unavailable.

3. If an inmate refuses to sign Form DC6-220 or is not present, that fact will be noted on the inventory and signed by the Department employee making the inventory and by a second Department employee present during the inventory.

4. The inventoried property will be kept together and identified by placing one signed copy of the inventory with the property.

5. One signed copy of the inventory shall be given to the inmate.

(c) After being inventoried, the property will be removed as soon as possible to a secure area where it will be safe from loss, theft, or damage and to which other inmates do not have access.

(d) Authorized property impounded during a period of close management, administrative confinement, or disciplinary confinement will be held at the institution and returned to the inmate at the end of such period.

(e) If it is appropriate to return part, but not all, of the impounded property to the inmate, the following procedure will be followed:

1. That part of the property being returned will be listed on the approved release, Form DC6-225, Inmate Partial Property Return Receipt, and any property found to be missing at that time will be noted on the form. Form DC6-225 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://www.flrules.org/Gateway/reference.asp?No=Ref-02179. The effective date of this form is 11-21-00. The employee making the release and the inmate will date and sign the release form, each in the presence of the other. One signed copy of the release form will be given to the inmate. One copy will be attached to the original inventory list and kept with the remaining impounded property until all property is returned to the inmate, at which time the copy will be placed in the inmate’s property file.

2. The remaining unauthorized impounded property will be held by the institution for 30 days. It is the responsibility of the inmate to make arrangements to have the property picked up by an approved visitor, relative or friend. In the alternative, the inmate may pay to have the property mailed to one of these approved individuals. The 30-day period does not include any time during which a grievance or grievance appeal relating to the impounded property is pending. This paragraph does not apply to property that will be returned to the inmate pursuant to paragraph (7)(d) after release from close management, administrative confinement, or disciplinary confinement.

3. When property is picked up by an authorized individual, the person receiving the property must sign Form DC6-227 acknowledging receipt of the property. When arrangements for mailing of property have been made by the inmate, the inmate must sign Form DC6-224 indicating the property to be mailed.

(f) When all of the impounded property is being returned, the following procedure will be followed:

1. The property being returned will be given to the inmate to check, in the presence of the employee making the release, to determine that all the property listed on the inventory is being returned to the inmate.

2. The inmate will sign and date the original Form DC6-220 to indicate that all of the impounded property has been received. The employee will sign as a witness and the form will be placed in the inmate’s property file.

3. If items of property on the inventory list cannot be located at the time the property is returned, those items will be indicated as being missing on the inventory list.

(g) When an inmate whose property has been taken and impounded is transferred to another institution or facility, that property will be transported with the inmate or as soon as possible after the inmate is transferred. It is the responsibility of the sending location to ensure that only authorized property is transported and that the inmate has signed the proper receipt for the property, Form DC6-227, Receipt for Personal Property. Form DC6-227 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://www.flrules.org/Gateway/reference.asp?No=Ref-02181. The effective date of this form is 11-21-00. The procedures for returning property listed in paragraph (7)(f) above will be followed. When the inmate has excessive authorized property that cannot be transported with the inmate, the procedures for making a partial return listed in paragraph (7)(e) above will be followed.

(h) Except in emergency situations such as transfers immediately following a disturbance or institutional evacuation, whenever an inmate is transferred from one institution to another, the inmate’s property and property file will be transferred with the inmate. The sending institution has the responsibility of ensuring that the inmate being transferred has only that property that belongs to the inmate and that such property is authorized. The inmate and the officer inspecting the property must sign and date Form DC6-227 at the time of transfer. Any property that is left behind or missing will be noted on the form.

(i) If an inmate is transferred without his or her property, the property will be forwarded to the inmate by the sending institution within five working days, or as soon thereafter as possible if conditions resulting from an emergency preclude forwarding within five days. The property, along with Form DC6-224, will be placed in a sealed container for transporting. A staff member at the receiving institution will, in the presence of the inmate to whom the property belongs, check the property against the property list to ensure that all property is accounted for. The inmate must sign Form DC6-227 when the property is given to the inmate. Any discrepancies will be noted on the form. If the inmate refuses to sign Form DC6-227, a notation to that effect will be placed on the form and a second employee will witness and sign the form.

(8) Any inmate transferring to an outside hospital in the community for treatment or to a court appearance will take only personal hygiene items, prescription medication issued by health services, and legal materials related to the court appearance in a quantity not to exceed the contents of a small banker’s box, the quantity allowed by authorized transport authorities or services if less than a small banker’s box, or as otherwise ordered by the court. Remaining property will be inventoried utilizing Form DC6-220 and stored in a secure location. When the inmate returns, he or she will only be allowed to possess those items that the inmate possessed before being transferred.

(9) Any inmate being released by parole or expiration of sentence must take all personal property with him or her and sign Form DC6-227 at the time of release.

(10) When, with the prior knowledge of the Department, an inmate is not under the immediate control of the Department for more than 24 hours and the inmate’s property does not accompany him or her, it will be inventoried and held until the inmate’s return.

(11) When an inmate dies, escapes, or otherwise voluntarily abandons his or her property, the procedures listed below will be followed:

(a) The property will be inventoried and stored in a secure area.

(b) An attempt will be made to locate the person or persons indicated on the inmate’s notification record who will take possession of the property.

(c) If this effort is successful, a signed Form DC6-227 for the property will be obtained from the person taking possession of the property, and the receipt will be placed in the inmate’s property file.

(d) If the effort to locate the person or persons is not successful, or if the person or persons listed fail to make arrangements to take possession, the property will be given to charity. Funds in the Inmate Trust Fund will be handled in accordance with Rule 33-203.201, F.A.C.

(e) Abandoned property will be held by the institution for a period of 30 days to ensure sufficient time to implement the procedures outlined above.

(12) The warden or designee will determine how an inmate’s property will be managed when the inmate has to appear at a disciplinary hearing by evaluating the following factors:

(a) The maintenance of proper accountability of inmate property;

(b) The likelihood of disruptive and belligerent behavior on the part of the inmate in the event that he or she is found guilty at the disciplinary hearing; and,

(c) The physical layout of the institution.

(13) The warden or designee is authorized to require an inmate to bring all of his or her property to a disciplinary hearing if the warden or designee determines that this is necessary after evaluating the factors set out in subsection (12) above.

(14) Missing Inmate Property.

(a) When an inmate’s property is returned after being stored for any reason and items documented on Form DC6-224 cannot be located, this fact will be documented on the form. Any request for compensation or replacement of missing items will be initiated via the inmate grievance process by the inmate whose property is missing.

(b) If the grievance is approved, the assistant warden or other designee of the warden will investigate the loss. The investigation will be completed and forwarded to the warden or designee within 30 days.

(c) If the loss is substantiated by the investigation, the warden or designee will forward to the Department of Corrections Environmental Health, Safety and Risk Management Office a cover letter recommending a payment amount, a copy of the investigation with supporting documentation including proof of ownership (Form DC6-224), and a completed Department of Financial Services Lien Disclosure Statement, DFS-D0-1404. The Lien Disclosure Statement is hereby incorporated by reference. Copies of the Lien Disclosure Statement are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02316. The effective date of this form is 1-08.

(d) The Department of Corrections Environmental Health, Safety and Risk Management Office will review and forward the claim to the Department of Financial Services, Division of Risk Management, for review and reimbursement consideration. Form DC6-238, Report of Risk Management Claim for Inmate Property, will be used to notify the institution of action taken on the claim by the Department of Corrections Environmental Health, Safety and Risk Management Office. Form DC6-238 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://www.flrules.org/Gateway/reference.asp?No=Ref-02182. The effective date of this form is 3-13.

(e) In the event that the Department of Financial Services, Division of Risk Management, decides to pay any or all of the inmate’s claim, the following procedure will be followed:

1. The Department of Corrections Bureau of Finance and Accounting, Inmate Bank Section, will receive the check for deposit.

2. The Department of Corrections Bureau of Finance and Accounting, Inmate Bank Section, will notify the Environmental Health, Safety and Risk Management Office via memo or e-mail of the deposit of the inmate’s claim check.

(15) Transfer of Property. Inmates shall not transfer any property in their possession to any other individual by way of loan, sale, trade, barter, or donation.

(16) Religious Property.

(a) Definitions.

1. Religious property – Property adhering to the tenets of a particular religion, including items for wearing or carrying at all times, items for individual worship in the inmate’s cell or individual sleeping area in open dormitory style housing, and items for storage and supervised use at the institutional chapel.

2. Koofi – Short, brimless cap worn by male followers of Islam.

3. Prayer rope – Short, knotted rope used for individual worship by followers of the Greek Orthodox faith.

4. Prayer rug – Small rug on which followers of Islam conduct individual worship.

5. Prayer shawl – Shawl with tassels or twisted threads on each corner worn by followers of Judaism, Messianic Judaism, and the Assembly of Yashua for Morning Prayer and on holy days; it may be accompanied by a small cloth prayer shawl bag that is used for storing the item when it is not being worn.

6. Rakusu – Small, bib-like garment worn about the neck by followers of Buddhism.

7. Runes – Small tiles, each inscribed with a runic letter, used for individual worship by followers of Odinism or Asatruism.

8. Scapular – Two small squares, sometimes bearing religious images or texts, connected by string and worn about the shoulders of followers of Catholicism.

9. Tarot cards – Deck of 78 cards depicting spiritual entities used for individual worship.

10. Tefillin – Two small leather boxes, each containing a black leather strap inscribed with religious text. The tefillin are wrapped around the body by followers of Judaism as a form of individual worship and may be accompanied by a small cloth tefillin bag that is used for storing the items when they are not being worn.

11. Tzitzit – Four-cornered garment with tassels or twisted threads on each corner worn by followers of Judaism, Messianic Judaism, and the Assembly of Yashua. When the tzitzit is worn underneath the clothing, the tassels are to hang below the outer garment.

12. Yarmulke (or Kippah) – Small, round cap worn by male followers of Judaism, Messianic Judaism, and the Assembly of Yashua.

13. Zafu – A meditation cushion used by followers of Buddhism.

(b) Unless otherwise prohibited by Department rule, inmates are permitted to possess, for personal use, religious publications as defined in Rule 33-503.001, F.A.C., that are in compliance with admissibility requirements of Rule 33-501.401, F.A.C.

(c) Unless otherwise prohibited by Department rule or by paragraph (16)(e) below, an inmate is permitted to possess the following items adhering to the tenets of a particular religion for wearing or carrying at all times or for use during individual worship in the inmate’s assigned cell or individual sleeping area if assigned to open dormitory housing. Such religious items must be documented on Form DC6-224. When an inmate makes a change in religious preference, the inmate must dispose of all the items associated with the previous religion unless such items are also associated with the new religious preference. Disposal must be in accordance with paragraph (16)(i) below and must be done before the inmate will be permitted to possess items adhering to the new religious preference. An inmate is allowed to maintain the following religious items in his or her individual housing unit unless specific and definable security concerns require storage and usage elsewhere. An inmate will not be transported to the chapel for the purpose of using an item for individual worship if the inmate possesses the item in his or her housing area; however, if an inmate does not possess a necessary item for individual worship in his or her housing area and the item is available at the institutional chapel, the inmate will not be prohibited from being transported to the chapel for the purpose of using the item for individual worship.

1. Religious items for wearing or carrying at all times:

a. Jewish – Black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

b. Catholic – Devotional scapular worn underneath the clothing;

c. Muslim – White koofi for men, white or blue headscarves for women with a possession limit of four scarves;

d. Native American – Medicine bag, headband, feather;

e. Assembly of Yashua – Black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

f. Rastafarian – White or blue headscarves for women with a possession limit of four scarves;

g. Messianic Jewish – Black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

h. One set of prayer beads, such as Rosary, Dhikr, Orisha, Mala, or Japa-Mala beads;

i. One religious symbol or medallion, such as a cross, Star of David, or talisman, or other religious medallion. Religious symbols shall not be more than 2 inches in length or diameter, and symbols worn about the neck shall be worn under the shirt on a jewelry-type chain. Religious symbols that are designed to be affixed to clothing with a pin are not permitted.

2. Religious items for individual worship in an inmate’s assigned cell or individual sleeping area:

a. Jewish – Prayer shawl (white or white with colored trim) no larger than 72'' x 72'', one set of tefillin;

b. Muslim – Prayer rug no larger than 30'' x 42'';

c. Asatru or Odinism – Runes and accompanying cloth bag;

d. Greek Orthodox – Prayer rope;

e. Buddhist – Black or brown Rakusu;

f. Assembly of Yashua — Prayer shawl (white or white with colored trim) no larger than 72'' x 72'';

g. Messianic Jewish – Prayer shawl (white or white with colored trim) no larger than 72'' x 72'';

h. No more than two pictures or images depicting gods, saints, or other religious or spiritual entities. Such pictures or images may be no larger than 8.5'' x 11'' inches. This limit does not apply to images or pictures contained within religious publications.

(d) Religious items to be stored and used in the chapel. The following religious items pose a general security risk when allowed in an inmate’s cell or sleeping area if assigned to an open dormitory housing unit. Inmates are permitted to use the following religious items or materials only under the supervision of the chaplain or an approved volunteer, and these items will be stored in the chapel:

1. Tarot cards;

2. Wiccan – stones or crystals;

3. Buddhist – Zafu.

(e) Limitations on Use of Religious Property. When an inmate is prohibited from retaining possession of religious items due to transfer to a different management or housing status, such items will be stored and returned to the inmate once he or she has been transferred back to a setting in which the items are permissible pursuant to this rule.

1. Inmates in a transitional care unit, an isolation cell, observation cell, isolation management room, crisis stabilization unit, on self-harm observation status, or housed at a Mental Health Treatment Facility are not permitted to store or use religious property, other than religious publications as provided in paragraph (16)(b) above, without review and approval by the inmate’s Multidisciplinary Services Team.

2. Inmates on close management or maximum management status and inmates in disciplinary or administrative confinement are permitted to possess religious publications, items for wearing or carrying at all times, and items for individual worship unless the warden or designee finds that the inmate’s possession of an item poses a specific and definable safety or security threat. In determining whether an item presents a specific and definable threat, the following will be considered:

a. The physical characteristics of the item and the particular dangers to security, inmate and staff safety, and institutional order that the item presents;

b. Limitations on possession or access, if any, that may be dictated by the characteristics of the inmate’s custody classification or management status.

(f) Religious property and other religious items must be acquired through an authorized source, bona fide religious organization, or donor.

(g) The chaplain at the institution will serve as advisor to staff and inmates in the area of religious property listed in paragraphs (16)(c) and (16)(d) above. Should issues arise concerning the appropriateness of any particular religious item that is alleged to be permitted by this subsection, the institutional chaplain will evaluate the item in conjunction with security staff to determine whether the item is permissible. The agency chaplaincy services administrator will provide advice and guidance to the Department regarding approved religious items, religions and religious items not listed in this rule, and other Department religious issues.

(h) Inmate requests for religious property not listed in this rule will be reviewed by the agency chaplaincy services administrator to determine whether the item adheres to the tenets of the inmate’s particular religion. If the chaplaincy services administrator determines that the item adheres to the tenets of the inmate’s religion, the Bureau Chief of Security Operations will conduct a review to determine whether the item presents a specific and definable threat to safety, security and order of the institution or facility. In determining whether an item presents such a threat, the following will be considered:

1. The physical characteristics of the item requested and the particular dangers to security, inmate and staff safety, and institutional order that the item presents;

2. Limitations on possession or access, if any, that may be dictated by the characteristics of a particular inmate’s custody classification or management status.

(i) Disposal of Religious Property.

1. Religious property that must be disposed of in order for an inmate to remain in compliance with the provisions of this rule (e.g., to remain within limits on the number of permissible items) will be retained by the institution or facility for 30 days. The inmate may mail out the item(s) during this time at no expense to the Department or may elect to give the item(s) to the institutional chaplain for disposal in a manner respecting the tenets of the religion to which the item adheres. If after 30 days the inmate has not disposed of the property, it will be transferred to the chaplain for disposal in a manner respecting the tenets of the religion to which the item adheres.

2. Religious property that must be disposed of in order for an inmate to receive items adhering to a different religious preference pursuant to paragraph (16)(c) above may be mailed out at no expense to the Department or may be given to the institutional chaplain for disposal in a manner respecting the tenets of the religion to which the item adheres.

APPENDIX ONE

PROPERTY LIST

This list incorporates all property authorized to be possessed by inmates in all Department institutions and facilities except community correctional centers. Except for items specified below as “exemptions,” property received must be in compliance with this list. Inmates in possession of property previously approved by the Department that meets the description of property on the list will be allowed to retain the property. Inmates transferring to Department institutions or facilities from private correctional facilities will be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold by an authorized source, items purchased in canteens at private facilities will not always be admissible in Department institutions or facilities.

Definitions.

The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. All items from an authorized source are subject to availability and may not be available for purchase. Items found in the possession of an inmate that are in excess of the established “quantity” will be treated as contraband in accordance with Rule 33-602.203, F.A.C. Where there is a “value” indicated, the authorized item must not exceed that value. The terms “authorized source” and “state issue” refer to the sources from which property can be obtained. All items with the “authorized source” designation are available in all institutional canteens or through orders from an authorized source. All authorized source items are transferable between Department institutions and facilities. “State issue” means that an institution or facility has the authority to issue this item to inmates based upon the character of the institution or facility, the location of the institution or facility, the housing or work assignment of the inmate, or other factors related to institution, facility, or inmate needs. Institutions housing death row inmates will make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

Exemptions.

Inmates already in possession of the following previously approved items are allowed to retain the items until they are no longer serviceable, but will not be allowed to replace them with like items.

– Clothing items of a different color than specified on the property list

– Non-state issued athletic shorts

– Locks other than V68 series

– Plastic bowls, tumblers, cups, and lids

– Pantyhose

– Nail clippers larger than 2 1/2''

– Earrings, post type

– Tablet armband holder

– JP5 model of Tablet

AUTHORIZED PROPERTY LIST

CLOTHING

Quantity Unit Value Articles

1 each Belt (state issue)

4 each Bras, may be athletic style (state issue or authorized source – female only) *inmates may possess both state-issued and authorized source-purchased bras, but the total combined number cannot exceed four

1 pair Shoes, athletic (authorized source)

1 pair Shoes, boots (authorized source or state issue)

1 each Coat (state issue)

1 pair Gloves, winter (authorized source)

1 pair Gloves, work (state issue)

4 each Handkerchief, cotton, white only (authorized source)

1 each Hats (state issue)

1 each Hat, straw (authorized source)

1 each Hat, toboggan (authorized source)

2 pair Pajamas – long (authorized source)

Light blue or white – female only

Light blue – male only

7 each Panties (state issue or authorized source – female only)

3 each Pants (state issue)

1 each Raincoat or poncho – clear (state issue or authorized source)

1 each Robe (state issue – female only)

3 each Shirt, outer (state issue)

4 each Shirt, t-shirt (state issue or authorized source – gray for female, white for male) *inmates may possess both state-issue and authorized source-purchased shirts, but the total combined number cannot exceed four

1 pair Shoes, athletic (authorized source)

1 pair Shoes, boots (authorized source or state issue)

2 each Shorts, athletic (blue only) (male only) (state issue)

3 each Shorts, athletic (blue only) (female only) (state issue)

1 each Shower cap, clear only (female only) (authorized source)

1 pair Shower slides (authorized source)

6 pair Socks (state issue or authorized source)

1 each Supporter, athletic (male only) (authorized source)

2 each Sweatshirts (gray only) (authorized source order)

4 each Undershorts (male only) (state issue or authorized source)

2 each Underwear, thermal (state issue or authorized source)

NON-CLOTHING

Quantity Unit Value Articles

Number in use

Batteries (authorized source)

* Books (legal, educational, religious, fiction) – *quantity as specified by Rule 33-501.401, F.A.C.

1 each Bowl – plastic (authorized source)

1 package Breath tablets (authorized source)

1 each Calendar – as specified by Rule 33-501.401, F.A.C.

* Canteen purchases – *limited by approved storage space

1 each Canteen bag (authorized source)

24 pieces Chalk, colored (authorized source)

1 set Checkers (light wood or plastic, standard checkers only) (authorized source order)

1 set Chess (light wood or plastic, 2 inches max. height) (authorized source order)

1 each Coffee mug – plastic (authorized source)

1 each Comb-pocket type, no handles (non-metal) (state issue or authorized source)

* Correspondence – *limited by approved storage space

1 pack Cotton swabs (plastic or paper stems only) (authorized source)

2 each Crème rinse and conditioner (authorized source)

1 each Cup, drinking – plastic (authorized source)

1 package Dental floss (floss loops only, unwaxed) (authorized source)

1 each Denture adhesive (state issue or authorized source)

1 each Denture cup (authorized source order)

2 each Deodorant and antiperspirant (no aerosols) (authorized source)

1 set Domino (light wood or plastic, standard size) (authorized source order)

1 set Earbuds (state issue or authorized source)

1 pair Earphone pads (replacement) (authorized source order)

* Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)

1 pack Emery board – cardboard (authorized source)

25 each Envelopes – legal (#10 size) (authorized source)

5 each Envelopes – oversized (10'' x 13'') (authorized source)

* Envelopes, self-addressed stamped – *the total in the inmate’s possession must not exceed the limit of one pack

2 each Eyeglasses, case, contact lens and solutions (state issue or personal; “personal” means that an inmate already in possession of these items will be allowed to retain them, but any future items will be provided by the institution if needed; contact lenses will only be provided if medically indicated)

1 each Eye shadow, eyeliner, mascara, eyebrow pencil, blemish preparation, lipstick, blemish and spot cover-up, lip coloring (female only) (authorized source)

1 box Feminine hygiene products (internal and external) (female only) (state issue or authorized source)

* File folders (*limited by approved storage space)

20 Greeting cards and accompanying envelopes

1 each Hairbrush – nonmetal, handles for females only (authorized source)

2 each Hairdressing (styling gel, pink oil, cholesterol, perm kit – female only) (no aerosols) (authorized source)

1 each Hair net (female only) (authorized source)

25 each Hair rollers (female only) (authorized source)

2 each Handballs or racquetballs (authorized source)

1 each Headphones for use with radio (authorized source)

Maximum weekly dosage Health aids – headache and cold remedies, antacids, antifungal preparations, cough drops, nasal spray, etc.; no imidazoline, tetrahydrozoline, or hydrochloride compounds (authorized source – as approved by health services)

2 each Hearing aid (state issue or personal)

* Hobby craft – at locations where program exists and subject to approved storage space limitations

1 each Insect repellant (authorized source)

1 each Jigsaw puzzle (authorized source order)

1 each Keyboard (authorized source)

1 each Laundry bag (state issue or authorized source)

1 each Lip balm (authorized source)

1 each Locks, combination (V68 series) (authorized source)

1 each Make-up bag, clear only (female only) (authorized source)

1 each Mirror, plastic, non-breakable (5'' × 7'' max.) (authorized source)

1 each Moisturizer (authorized source)

1 each Mouthwash (authorized source)

1 each Nail clippers, not to exceed 2 1/2'' (authorized source)

2 pack Notebook paper (authorized source)

48 each Pencils, colored (authorized source)

4 each Pens, ballpoint, flair-type, pencils with erasers, or security pens (no markers) (authorized source)

* Periodicals – *as specified by Rule 33-501.401, F.A.C., and limited by approved storage space

1 each Photo album, non-metal (authorized source)

50 each Photographs (personal)

2 decks Playing cards (standard) (authorized source)

5 each Pony tail holder (fabric) or hair claws (plastic) (female only) (authorized source)

1 each P.R.I.D.E. service pin (issued to inmate from P.R.I.D.E.)

* Prosthesis or health care appliance as defined in Rule 33-210.201, F.A.C.

1 each 50.00 Radio, DC/AM/FM only, “Walkman” type, maximum 4'' × 5'' (authorized source)

1 each Razor, disposable (female only) (state issue)

1 each 50.00 Razoe, battery operated, non-rechargeable (authorized source order)

* Religious requirements – as approved by chaplaincy services (examples: head covering, prayer rug)

1 each 50.00 Religious medallion with chain (personal or provided by Chaplain)

1 each 100.00 Ring, engagement (female only) (personal)

1 each 100.00 Ring, wedding (personal)

1 each Roller cap, clear only (female only) (authorized source)

25 each Roller clips, plastic only (female only) (authorized source)

1 set Scrabble (authorized source order)

1 each Screen protector (authorized source)

2 each Shampoo (authorized source)

1 each Shaving cream (authorized source)

1 each Shaving powder (authorized source)

1 pair Shoe laces (authorized source)

1 each Shoe wax (liquid only, non-flammable, no nitrobenzene) (authorized source)

2 each Sketch pad (authorized source)

2 each Soap, bath (state issue or authorized source)

1 each Soap dish (authorized source)

* Special needs – *special devices as approved for compliance with medical needs

1 each Spoon, plastic (authorized source)

40 each Stamps (the equivalent of 40 1-ounce 1st class) (authorized source)

1 each Sunglasses, no mirror type (authorized source)

1 each Sunscreen lotion (authorized source)

1 each Tablet (state issued or authorized source)

1 each Talcum powder (authorized source)

1 each Toilet paper (state issue or authorized source)

1 each Toothbrush (state issue or authorized source)

1 each Toothbrush holder (authorized source)

2 each Toothpaste and toothpaste with mouthwash (state issue or authorized source)

2 each Towels (state issue)

1 each Towel, cooling (authorized source)

1 each Wallet (authorized source)

1 each 50.00 Watch (personal or authorized source)

1 each Watch band (nylon and Velcro only) (authorized source)

2 each Washcloths (state issue or authorized source)

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History‒New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08, 1-25-10, 7-4-10, 10-26-11, 8-19-12, 11-20-12, 3-3-13, 6-8-14, 8-17-16, 6-9-20, 7-22-21.

33-602.203 Control of Contraband.

(1) General Definition of Contraband.

(a) Any item or article inside an institution or facility, on the property of a facility or in the possession of an inmate that was not:

1. Issued;

2. Approved for purchase in the canteen;

3. Purchased through an approved source with official approval;

4. Authorized and approved for delivery by mail; or

5. Authorized to be brought into the institution or facility.

(b) Any item or article not originally contraband shall be deemed contraband if it is passed from one inmate to another without authorization.

(c) Any item or article which is altered from its original design or is being used for a purpose other than that for which it was designed or authorized.

(d) Any item or article which is in excess of property limits provided in Rule 33-602.201, F.A.C.

(2) No inmate shall possess or control any firearm, ammunition, explosive substance, or any instrumentality customarily used or designed to be used as a dangerous weapon as defined in Section 790.001, F.S., without authorization and supervision of authorized personnel.

(3) No person, whether he be an inmate or other person, unless authorized by the warden, assistant warden, chief of security or the shift supervisor, shall introduce into or upon the grounds of an institution any of the following articles which are hereby declared to be contraband:

(a) Any intoxicating beverage.

(b) Any unauthorized drugs, which includes, but is not limited to narcotics, depressants, stimulants, aromatic stimulants, hallucinogens, cannabis, and any other type of intoxicant (excluding intoxicating beverages), or drug paraphernalia.

(c) Any firearm, ammunition, explosive substance, or any instrumentality customarily used or designed to be used as a dangerous weapon, as defined in Section 790.001, F.S., with the following exceptions:

1. Staff who meet the conditions below are permitted to carry (1) handgun to and from work in their personal vehicle under the specific requirements outlined below:

a. All current correctional class employees covered by the Security Services Bargaining Unit.

b. Any employee with a current/valid concealed weapons license issued by the State of Florida.

c. Any employee with correctional officer, law enforcement officer, or correctional probation officer certification not covered by the Security Services Bargaining Unit.

2. Specific requirements:

a. Employees with a valid/current concealed weapons license issued by the State of Florida must provide it to the Warden or Office of Inspector General’s Staff upon request.

b. Employees with correctional officer, law enforcement officer, or correctional probation officer certification not covered by the Security Services Bargaining Unit, must have proof of certification and be prepared to show it to the Warden or Office of Inspector General’s staff upon request and a copy of the proof of certification should remain with the handgun.

c. Only handguns are permitted under this rule, long arms, rifles, shotguns, bow and arrows, or any other type of weapon is not permitted.

d. The handgun must be stored in a lock-box, specifically designed to securely lock and hold a handgun.

e. Empty ammo boxes, metal coin boxes, or securing the handgun in the glove compartment or console is not permissible.

f. Only one (1) handgun/lock-box per vehicle is permitted.

g. All doors and windows must lock if the lock-box is kept in the passenger compartment of the vehicle.

h. If a person can access the passenger compartment of the vehicle from the trunk, the trunk must be locked.

i. Lock-boxes containing handguns will not be placed in toolboxes or other similar storage devices affixed to or located in the truck bed.

j. If the vehicle is a convertible, the lock-box must be stored in the trunk.

k. If the vehicle is a Jeep (or similar soft top, no top, and/or no trunk type of vehicle), then a handgun cannot be carried onto state property.

l. Extra ammunition is not permitted ‒ only the amount needed to fill the handgun to capacity is permitted.

m. Ammunition must be stored in the lock-box with the handgun.

n. Handguns will not be removed from a vehicle while on state property except by those members of institutional pistol teams who use their own personal handguns. Institutional pistol teams are composed of employees, authorized by wardens, who compete in pistol matches representing their home institution.

i. Institutional pistol teams will utilize personal handguns as authorized in this section only for authorized activities.

ii. Handguns and ammunition will only be removed from lock-boxes at the firing range.

(d) Any instrumentality of any nature that may be used as an aid in effecting or attempting to effect an escape.

(e) Any item depicting signs, symbols or other identifiers of a criminal street gang as defined in Section 874.03, F.S., or any other gang, group or organization which has been identified by the department as posing a threat to the safety or security of the institution.

(f) Any other article, instrument, or substance specifically prohibited by the policies and rules of the institution or declared to be contraband pursuant to Section 944.47, F.S.

(4) No person whether he be an inmate or other person, shall take any article whatsoever from the grounds of any institution without authorization from the warden, assistant warden, chief of security, or shift supervisor.

(5)(a) No money shall be given directly to or received by an inmate assigned to a work release center unless authorized by the chief of security or his designated representative. On a case-by-case basis, each chief of security may authorize a draw of funds from the inmate’s account that has not been drawn from the inmate’s bank fund or that exceeds the approved amount authorized under subsection 33-203.201(3), F.A.C., if a specific request is made and a review determines it is warranted. Any money found in the possession of an inmate in excess of $100 in work release centers shall be considered contraband and shall be confiscated and deposited in the general revenue fund.

(b) In any facility in which inmate identification cards are used to authorize and initiate canteen transactions, any cash found in the possession of an inmate shall be considered contraband and deposited in the general revenue fund. An inmate identification card is contraband in the possession of anyone other than the inmate it identifies.

(6) No inmate shall manufacture or have in his possession any alcohol or alcoholic beverage, or have in his possession any drug such as a narcotic or barbiturate or hallucinogenic drug or central nervous system stimulant or substance prohibited by law; except when authorized to do so by a physician or other authorized medical personnel. When medication is found in an inmate’s possession that is beyond the labeled expiration date, or for which the inmate does not have a valid prescription, or is in quantities indicative of hoarding, the medication will be handled as contraband and turned over to the medical department for disposition.

(7) No inmate shall manufacture or possess any forms that may be used in the fraudulent filing of Uniform Commercial Code liens and/or publications that promote this practice. An inmate shall not possess any Uniform Commercial Code (UCC) Article 9 form, including but not limited to any financing statement (UCC1, UCC1Ad, UCC1AP, UCC3, UCC3Ad, UCC3AP), or correction statement (UCC5), whether printed, copied, typed or hand written, or any document concerning a scheme involving an inmate’s “strawman,” “House Joint Resolution 192 of 1933,” the “Redemptive Process,” “Acceptance for Value” presentments or document indicating copyright or attempted copyright of an inmate’s name absent prior written authorization from the warden.

(8) Disposition of Contraband.

(a) Those contraband items retained for use in disciplinary hearings as evidence will be stored until such time as the warden or his designee approves of their being destroyed or disposed of. A secure area within the institution will be designed as the storage area for all contraband items. A Contraband Log, Form DC6-219, will be utilized to document the storage of contraband items. Form DC6-219 is hereby incorporated by reference. Copies of this form may be obtained from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-03482. The effective date of this form is 1-14.

(b) Contraband items to be used during outside court cases as evidence will be referred to the Inspector General’s Office for handling. The Inspector General’s Office will either assume custody of the contraband or instruct the institution to hold it as evidence. In either case, the initial confiscating authority will establish the chain of evidence, and insure it is properly followed. Form DC1-801, Chain of Custody, shall be used for this purpose. Form DC1-801 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-03272. The effective date of this form is 11-13.

(c) State property taken from an inmate as contraband will be returned to the institutional supply source if useable. If reuse is not feasible, the item(s) will be disposed of in the normal manner of disposing of surplus state property.

(d) Legal material belonging to another inmate shall be returned to the owner.

(e) Except as described in paragraphs (c) and (d), above, any contraband found upon, or in the possession of any inmate, shall be confiscated and the proceeds deposited in the Inmate Welfare Fund. Items containing no monetary value or that cannot be liquidated will be disposed of in one of the following manners:

1. Given to charity,

2. Reused by institution, or

3. Destroyed.

(f) The provisions of the above paragraph shall not be construed to apply to property impounded incident to the initial reception or the subsequent transfer of an inmate unless the inmate’s possession of the property was in violation of law or Department or institution rule.

(g) If items of contraband are detected in the mail, that are not of any illegal nature, the institution finding the contraband will provide the sender and addressee a receipt for the property in accordance with department rules relating to mail procedures (Rule 33-210.101, F.A.C., Routine Mail; Rule 33-210.102, F.A.C., Legal Documents and Legal Mail; and Rule 33-210.103, F.A.C., Privileged Mail).

(h) A seized contraband item that results in criminal charges shall be stored for six months or until the conclusion of the court proceedings. Confiscated weapons shall be stored for six months pending the outcome of the disciplinary charges and conclusion of the grievance process or the court proceedings. Staff shall obtain the approval of the warden or assistant warden prior to the item being destroyed or disposed of unless the item is in the possession of the Inspector General’s Office, wherein that office’s destruction of evidence process will be followed.

(i) Regardless of whether or not the seized contraband results in a disciplinary report or criminal charges, the inmate is authorized to appeal the action through the grievance process to have the property returned. If the inmate chooses to file a grievance, the inmate must notify the warden of his intent on an Inmate Request, Form DC6-236, within 20 days of the seizure of the items. If no notice is received and the inmate has not been temporarily impeded from sending such notice due to unavoidable circumstances such as court appearances or hospitalization, the warden or assistant warden is authorized to approve disposal of the contraband. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(9)(a) All cells, lockers, dormitories and other areas of an institution may be searched in a reasonable manner at any time. A copy of Form DC6-220, Inmate Impounded Personal Property List, shall be given for any property taken in such a search if the inmate acknowledges possession or if the property was taken from an area occupied by the inmate or under his control. The inmate’s acceptance of his copy of Form DC6-220 shall not constitute admission of possession of contraband. Form DC6-220 is incorporated by reference in subsection 33-602.201(3), F.A.C.

(b)1. The Regional Director of Institutions is authorized to declare an emergency situation to exist if he finds, upon the advice and request of the warden, that an immediate mass search is necessary to preserve the security and order of the institution and sufficient staff are not available to follow routine procedures of accounting and receipting for property. Within 72 hours after the declaration, the warden shall prepare a written statement setting forth the facts showing such emergency, which statement shall be forwarded to the Regional Director, who shall prepare a report to the Secretary justifying the declaration.

2. Copies of Form DC6-220 do not have to be given immediately for property taken during such a mass search. However, the property taken shall be kept and preserved, identified as to the area from which it was taken, and the inmate shall receive a copy of Form DC6-220 as soon as practicable after the emergency has ceased. Property unclaimed after 30 days shall be disposed of as provided in subsection (7).

3. If items of inmate personal property are damaged or destroyed by Department staff during routine searches, emergency searches or while impounded, the warden or his designee shall cause an investigation to be made to determine:

a. How the property became damaged or destroyed.

b. Who is responsible for the damage or destruction.

c. Whether there was any violation of Department policy or rules by staff.

d. Whether appropriate staff need to be disciplined.

e. Whether procedures need to be modified or established to prevent such loss of property from occurring in the future.

4. If an investigation determines that inmate personal property has been damaged or destroyed by Department staff, the procedure as outlined in subsection 33-602.201(14), F.A.C., shall be followed in order to replace the property.

Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.47, 945.215 FS. History–New 10-8-76, Amended 2-24-81, 4-18-82, 8-13-84, 2-13-85, 6-2-85, Formerly 33-3.06, Amended 2-9-87, 11-3-87, 8-14-90, 11-21-91, 1-6-94, 5-28-96, 10-26-97, Formerly 33-3.006, Amended 3-2-00, 7-8-03, 11-10-03, 6-28-07, 11-28-11, 12-5-12, 4-22-13, 11-4-13, 1-7-14, 5-19-21.

33-602.2035 Inmate Substance Abuse Testing.

The Office of Institutions shall be responsible for the development and implementation of the department’s substance abuse testing program.

(1) Definitions.

(a) Random Selection – a computerized random selection model utilized to obtain a sample of inmates to be tested for drugs or alcohol.

(b) Tester – a correctional officer who has been certified as competent by the manufacturer of the onsite testing device and trained by certified training personnel, affiliated with the department, on the proper procedures for collecting urine specimens, including the completion and maintenance of Form DC6-2067, Chain of Custody Form, the handling and disposing of urine specimens, and the administration and interpretation of the on-site testing device. All testing personnel must be approved by the Office of Institutions. The Chain of Custody Form is incorporated by reference in paragraph (1)(d) of this rule.

(c) Random List – the randomly selected sample of inmates to be tested for drugs or alcohol.

(d) Chain of Custody Form – the form used to document the identity and integrity of an inmate’s specimen from time of collection until the specimen is prepared for shipment to a designated outside laboratory for confirmation testing. This form will be provided by the laboratory conducting confirmation tests on specimens that had a positive result on the on-site testing device. Form DC6-2067, NON-FEDERAL FOUR-PART DRUG TESTING CUSTODY AND CONTROL FORM (hereinafter referred to as the “Chain of Custody Form”) is hereby incorporated by reference. Copies of the form are available directly from the vendor or from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-05328. The effective date of the form is 6-15.

(e) Test refusal – failure on the part of an inmate to fully comply with the department’s substance abuse testing procedures, which includes failing to provide a valid urine specimen, attempting to alter a urine specimen with adulterants, as established by an on-site specimen adulteration testing product, and using substitute urine in makeshift devices or objects. Any inmate who refuses to comply with the testing process or fails to provide a valid specimen within the specified time frames of this rule shall be given a disciplinary report in accordance with Rules 33-601.301-.314, F.A.C.

(f) Dry cell – refers to a secure cell without a water supply or one in which the water supply has been interrupted.

(g) Confirmation Testing – testing conducted by an outside contract laboratory using gas chromatography coupled with mass spectrometry (GC/MS) when on-site results of a test are positive and the inmate refuses to sign Form DC6-2065, Affidavit for Admission of Drug Use. Form DC6-2065 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02088. The effective date of the form is 2-13.

(h) Threshold Level – the concentration of a drug in the urine used to determine whether the test will be considered positive or negative. The threshold level for confirmation testing is the lowest level that can accurately identify and quantify the presence of a drug.

(2) The Department of Corrections conducts the following types of inmate substance abuse testing:

(a) For-Cause or Reasonable Suspicion Testing.

1. Inmates suspected of involvement with drugs or alcohol shall be subject to for-cause testing upon order of the warden, the duty warden, the correctional officer chief of the facility, a designee of one of the above individuals, or the Office of Institutions. An inmate should only be tested for a maximum of four drugs on a for-cause basis unless extenuating circumstances exist. For-cause tests will only be conducted on inmates who meet the criteria outlined in subparagraphs 2.a. through c., below.

2. For-cause drug testing (also referred to as reasonable suspicion drug testing) means drug testing based on a belief that an inmate is using or has used drugs or alcohol based on specific facts and reasonable inferences drawn from those facts in light of experience. Such facts and inferences shall be based upon:

a. Observable phenomena such as direct observation of drug or alcohol use or of the physical symptoms or manifestations of being under the influence of drugs or alcohol (such as slurred or incoherent speech, erratic or violent behavior, uneven gait, or other behaviors or physical symptoms unusual for the inmate based on the staff member’s knowledge of the inmate).

b. Evidence that the inmate has tampered with or attempted to tamper with a urine specimen.

c. Evidence or intelligence reports indicating that an inmate has used, possessed, sold, solicited, or transferred drugs or alcohol.

3. When for-cause testing is ordered, an incident report shall be prepared including the dates and times of reported drug-related events and rationale leading to the request for testing.

4. The senior correctional officer on duty shall be notified that a staff member has identified a suspicious inmate who meets the for-cause drug testing criteria. The highest ranking correctional officer shall ensure that an incident report is prepared. The incident report shall contain all pertinent information concerning the inmate that prompted the request for testing, to include any supporting evidence.

5. Upon approval of the warden, duty warden, correctional officer chief, their designees, or the Office of Institutions, collection and testing procedures shall be conducted immediately pursuant to this rule.

6. A copy of Form DC6-210, Incident Report, shall be attached to the facility’s copy of Form DC6-2067 Chain of Custody Form for positive specimens sent to the laboratory for confirmation testing. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(b) Random Substance Abuse Testing. All correctional facilities shall receive on a weekly basis a list of the names and DC numbers of inmates generated through random selection for substance abuse testing. The list will be electronically transmitted from the department’s electronic database to the secure printer of the warden of each major institution or the correctional officer chief of the correctional facility. Any facility that does not have a secure printer will have its respective list printed to a secure printer at another facility as designated by the warden of the institution or correctional officer chief of the facility. The list is considered confidential and shall not be disseminated to inmates or non-essential staff members prior to testing. Each time an inmate’s name appears on the random list, he or she shall be tested regardless of whether or not he or she has been previously tested.

(c) Substance Abuse Program Testing. Inmates participating in substance abuse programs will be subject to substance abuse testing as a condition of the programs.

(3) Procedures.

(a) Chain of Custody.

1. At a minimum, Form DC6-2067, Chain of Custody Form must include inmate and tester identification, initialed or signed by both the inmate and the tester, date of collection, and type of test (i.e., random, for-cause). Form DC6-2067 also may include the time of collection, if the test was initiated due to substance abuse program participation, and identification of all individuals who had custody of the specimen from the time of collection until the specimen was prepared for shipment to the laboratory. Once the outside laboratory receives the specimen, it will become the laboratory’s responsibility to maintain a chain of custody throughout the testing process.

2. Form DC6-2067, Chain of Custody Form allows for comments by the tester regarding any unusual observations. Any failure by the inmate to cooperate with the collection process and any unusual nature (e.g., discolored urine or urine containing foreign objects) of a specimen shall be noted.

3. The tester shall ensure that all collected urine specimens being sent to a designated outside laboratory for confirmation testing are properly labeled and sealed with a security label as provided on Form DC6-2067, Chain of Custody Form. The tester shall also ensure that Form DC6-2067, Chain of Custody Form for all collected urine specimens is completed in accordance with department procedure 602.010(4).

4. If an inmate is unable or unwilling to enter his or her initials or signature on Form DC6-2067, Chain of Custody Form, the tester will make a notation in the comment section of the form and leave the space blank. The tester will not under any circumstances sign Form DC6-2067, Chain of Custody Form for an inmate.

(b) Specimen Collection Procedures.

1. The tester shall ensure that all urine specimens are collected in accordance with department procedures. All collections shall be performed under direct observation, where the tester directly observes the voiding of urine into the specimen cup. Direct observation may also be accomplished through use of mirrors strategically mounted in the collection rest room.

2. Under no circumstances is direct observation of an inmate by a tester of the opposite sex allowed.

3. A female inmate shall not be required to provide a urine specimen during her menstrual cycle.

4. Prior to collecting a urine specimen, the tester shall ensure that there is positive inmate identification by observing the inmate, confirming his or her name and DC number, and examining the inmate’s picture identification card.

5. The tester shall search the inmate to ensure that the inmate is not concealing any substances or materials that could be used to alter or substitute his or her urine specimen. If any such substances or materials are found, the inmate will be charged with refusing to submit to a substance abuse test.

6. The tester shall give each inmate a closed specimen cup with an identification label containing the inmate’s name and DC number prior to collecting the inmate’s urine specimen. The tester shall ensure that the inmate acknowledges his or her correct identity information on the label of the specimen cup.

7. The inmate is expected to provide a minimum of 30 ml of urine. If the inmate provides less, the tester shall again attempt to collect an adequate specimen. If the inmate cannot immediately provide an adequate specimen, the procedure outlined in subparagraph (3)(b)8., below shall apply.

8. An inmate who has not provided an adulterated urine specimen and who claims an inability to provide an adequate urine specimen shall be detained in the presence of the tester or other designated person for a period not to exceed 1 hour to provide an adequate specimen. During that time, the inmate shall be allowed to consume one cup (8 oz.) of water or other beverage every 1/2 hour, not to exceed a total of 2 cups during this time period, and Form DC6-2064, Acknowledgement of Beverage, shall be completed. Form DC6-2064 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02087. The effective date of the form is 2-13. If after the 1 hour period an inmate still fails to submit a valid adequate urine specimen, the inmate shall be considered to have refused to provide a urine specimen, and a disciplinary report shall be prepared in accordance with Rules 33-601.301-.314, F.A.C.

9. After the inmate has voided a urine specimen into the cup, the tester will visually inspect the urine specimen to make sure that it appears to be valid and unadulterated. If the tester suspects that the specimen has been adulterated based upon observation, experience, or prior training, the tester will utilize the on-site specimen adulteration testing product in front of the inmate following the manufacturer’s testing protocols. If a positive result is received on the on-site specimen adulteration testing product indicating that the urine specimen was adulterated, the specimen will not be accepted as valid and will be discarded. The inmate will be required to submit a valid and unadulterated specimen pursuant to the procedure outlined below in subparagraph (3)(b)10., below.

10. Inmates who have adulterated their urine by ingesting substances, as established by the on-site specimen adulteration testing product, shall be detained in the presence of the tester or placed in a dry cell for a period not to exceed one hour. During that time, the inmate shall not be allowed to consume any water or other beverage. If after the one hour period an inmate still fails to submit an unadulterated, valid urine specimen, the inmate shall be considered to have refused to provide a urine specimen, and a disciplinary report shall be prepared in accordance with Rules 33-601.301-.314, F.A.C.

11. Once the tester has determined that the urine specimen is valid and unadulterated, the tester shall direct the inmate where to place the urine specimen so that the on-site test can be conducted. The specimen must be in view of the inmate throughout the entire testing process.

12. If a urine specimen contains blood or appears to contain blood, the inmate who produced the specimen shall be referred immediately to the medical department for evaluation. If no valid reason exists for having blood in the specimen, the inmate will be required to provide another urine specimen. If the inmate cannot submit a urine specimen, the inmate shall be detained in the presence of the tester or other designated person for a period not to exceed 1 hour to provide an adequate specimen. During that time, the inmate shall be allowed to consume one cup (8 oz.) of water or other beverage every 1/2 hour, not to exceed a total of 2 cups during this time period, and Form DC6-2064, Acknowledgement of Beverage, shall be completed. If after the 1 hour period an inmate still fails to submit a valid adequate urine specimen, the inmate shall be considered to have refused to provide a urine specimen, and a disciplinary report shall be prepared in accordance with Rules 33-601.301-.314, F.A.C.

(c) Upon notification from an inmate that he or she is unable to urinate due to a medical condition, the officer shall verify with medical staff that the inmate possesses a specific medical condition or is taking medication that inhibits the inmate from urinating within the designated time frame. Upon receiving such verification, the inmate shall be given the opportunity to provide a urine specimen under the following conditions:

1. The inmate shall be informed that he or she will be placed in a dry cell until he or she can provide a valid urine specimen, not to exceed two hours. The inmate shall be issued a hospital or other type privacy gown during the time that he or she is housed in the dry cell.

2. The inmate shall remove his or her shirt, shoes, pants, hat, and the contents of his or her pockets. The inmate shall be thoroughly searched prior to entering the dry cell to prevent him or her from using any adulterants such as bleach or cleanser to alter the specimen.

3. The tester shall give the inmate a closed specimen cup with an identification label containing the inmate’s name and DC number. The testing officer shall ensure that the inmate acknowledges his or her correct identity information on the label of the specimen cup.

4. The inmate shall be allowed to consume one cup (8 oz.) of water or other beverage every 1/2 hour, not to exceed a total of two cups during the time spent in the dry cell, and Form DC6-2064, Acknowledgement of Beverage Form, shall be completed.

5. A physical check shall be made on the inmate once every 30 minutes to see if he or she has provided a valid urine specimen.

6. Upon receipt of the urine specimen the tester shall visually inspect the specimen to ensure it appears valid and unadulterated, and the procedures outlined in paragraph (3)(e) for the testing of urine specimens shall be followed.

7. If after the two hour period an inmate fails to submit a valid urine specimen, the inmate shall be considered to have refused to provide a urine specimen, and a disciplinary report shall be prepared in accordance with Rules 33-601.301-.314, F.A.C.

(d) If an inmate claims an inability to urinate in front of or in the presence of others, the tester shall collect the urine specimen under the conditions outlined in subparagraphs (3)(c)1.-6. In this circumstance, the inability to urinate is not treated as a medical condition, and the officer does not need to verify with medical staff that the inmate possesses a specific medical condition or is taking medication that inhibits the inmate from urinating within the designated time frame. However, such inmates shall be limited to up to one hour in the dry cell rather than two.

(e) Testing of urine specimens.

1. Only certified testing personnel are authorized to utilize the on-site testing equipment. For every on-site test conducted, regardless of purpose, the results shall be entered into the department’s electronic database.

2. Certified testers shall follow collection procedures in paragraph (3)(b).

3. All on-site testing procedures shall be conducted in the presence of the inmate in accordance with the manufacturer’s protocols.

4. After the tester has taken a sample of urine from the specimen cup for the on-site testing device, the tester shall close the cup tightly.

5. In instances wherein an on-site testing device does not exist for the drug being tested, the sample shall be sent directly to the lab.

6. Negative test results. The tester shall inform the inmate of the negative test results of the on-site testing device. The tester shall record all negative test results in the department’s electronic database. The tester will then dispose of the remaining specimen, specimen cup, and testing device. All forms shall be retained in accordance with state law and rules governing the retention of records.

7. Positive test results. The tester shall inform the inmate of the positive results of the on-site testing device. The inmate will then be given the opportunity to sign Form DC6-2065, Affidavit for Admission of Drug Use.

a. If the inmate chooses to sign Form DC6-2065, the testing officer shall complete the affidavit form and have the inmate swear to its content, with the officer witnessing the inmate’s signature. The inmate will be placed in administrative confinement, and a disciplinary report shall be written. The signed Form DC6-2065 will be attached to the disciplinary report to be used as evidence in the disciplinary hearing.

b. The testing officer shall indicate the positive results of the on-site testing device in the department’s electronic database.

c. If the inmate does not sign Form DC6-2065, the following steps shall be taken:

(I) Once the urine specimen has been securely closed by the tester, the tester shall attach a security seal from Form DC6-2067, Chain of Custody Form across the lid of the sample cup under the inmate’s observation.

(II) The tester shall instruct the inmate to place his or her initials on Form DC6-2067, Chain of Custody Form verifying that the urine specimen was collected and sealed under the inmate’s observation and that the specimen cup identification is correct.

(III) The tester shall then prepare the urine specimen for shipment by a commercial carrier to the designated outside laboratory for confirmation testing.

(IV) Inmates with positive test results on the on-site testing device shall immediately be placed in administrative confinement pending investigation until results of the confirmation test are received.

8. Once received from the outside laboratory, the confirmation testing results will be entered into the department’s electronic database. If the confirmation testing results are positive, a copy of the results will be attached to the disciplinary report for use as evidence during the disciplinary hearing.

(f) Other on-site testing device procedures.

1. Due to product limitations, it may become necessary to utilize other noninvasive on-site testing devices for alcohol testing. In such instances, the certified tester will utilize the on-site testing device in the presence of the inmate in accordance with the manufacturer’s testing protocols. If the initial result of the on-site testing device is positive, and the inmate declines to sign Form DC6-2065, Affidavit for Admission of Drug Use, a urine specimen will be obtained from the inmate and sent to a designated outside laboratory for confirmation testing in accordance with the procedures outlined in paragraphs (3)(b) and (3)(e), above.

2. All correctional facilities shall maintain a record of all reasonable suspicion substance abuse tests conducted. This record shall be maintained by the correctional officer chief or designee. Form DC6-2066, Reasonable Suspicion Testing Tracking, shall be utilized for this purpose. Form DC6-2066 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-03902. The effective date of the form is 4-14.

(g) Record keeping. Each facility shall keep all records pertaining to the testing program. This includes the drug testing list and results, Chain of Custody forms, laboratory confirmation reports, and inventory control logs. All records shall be kept in accordance with state law and rules regarding retention of records.

Rulemaking Authority 944.09, 944.473 FS. Law Implemented 944.09, 944.472, 944.473 FS. History–New 2-8-00, Amended 2-5-01, Formerly 33-602.2045, Amended 7-2-02, 2-19-07, 7-29-08, 8-26-09, 2-10-10, 11-28-10, 1-11-12, Formerly 33-108.101, Amended 2-17-13, 4-6-14, 6-9-15.

33-602.204 Searches of Inmates.

Searches of inmates will be conducted to control the introduction and movement of contraband, and to prevent escapes. When searching an inmate, staff must follow established search protocol to ensure the safety of staff and the inmate.

(1) Clothed searches.

(a) Inmates should be searched while fully clothed whenever possible since most contraband can be detected using this method of search if it is properly conducted.

(b) A correctional officer may conduct searches of clothed inmates without prior approval from his or her supervisor.

(c) Visual and metal detector searches may be routinely conducted on clothed inmates, and may be conducted at random.

(d) In addition to visual or metal detector searches, a search of clothed inmates may be conducted utilizing x-ray body scanner technology intended for security use when available.

1. Any inmate entering or exiting the secure perimeter of a Department institution or who is suspected of hiding contraband inside his or her body may be searched utilizing x-ray body scanner technology intended for security use.

2. Scanned images will only be viewed by correctional officers of the same sex as the inmate being searched, except in an emergency situation for the protection of staff, inmates, or the public.

3. The Department must maintain a log to monitor each inmate’s exposure to x-ray body scanner technology intended for security use to ensure that an inmate does not exceed the recommended radiation exposure as required by paragraph 64E-5.502(1)(a), F.A.C.

(e) With the exception of scanned images described in paragraph (1)(d) above, searches of clothed male inmates may be conducted by staff who are of the opposite sex from the inmates.

(f) Searches of clothed female inmates may only be conducted by female staff except when time and circumstances do not permit the arrival of female staff or due to an imminent threat of physical violence when an immediate search is necessary to secure the inmate to prevent injury to staff, inmates, or the public.

(g) Before the search of a clothed inmate begins, the inmate must remove the contents of his or her pockets, and remove his or her shoes and hat. The shoes, hat, and personal effects removed from the inmate’s pockets must be inspected prior to conducting the search of the clothed inmate.

(2) Unclothed body searches.

(a) Unclothed body searches of inmates will only be conducted by correctional officers who are the same sex as the inmate, except when time and circumstances do not permit the arrival of same sex staff or due to an imminent threat of physical violence when an immediate search is necessary to secure the inmate to prevent injury to staff, inmates, or the public.

(b) An inmate will be subject to an unclothed body search any time the inmate is suspected of carrying contraband, including upon his or her arrival at an institution from court, another institution, or from any other place where the inmate may have come in contact with the public, when an inmate is apprehended after an escape, attempted escape, or hideout, or when an inmate is placed in any confinement status.

(c) Inmates on outside work squads provided to other agencies while under supervision do not require an unclothed body search upon their return to the institution. A clothed search will be utilized when checking in these inmates. However, if there is reason to believe an inmate is concealing contraband on his or her body, an unclothed body search will be performed.

(d) When there are established written institutional policies and procedures that require a Correctional Officer I to perform unclothed body searches of inmates in the performance of his or her routine duties, permission from a higher-ranking officer is not required prior to conducting the search.

(e) Except for the above, the following procedures will be followed when conducting an unclothed body search of an inmate:

1. A correctional officer of the rank of at least Correctional Officer II must supervise unclothed body searches whenever possible. If a Correctional Officer II cannot be physically present during an unclothed body search, then the Sergeant or a higher-ranking officer must give his or her permission before the search can be conducted. In facilities where it is not possible for a shift to have a Correctional Officer II on duty, the Shift Officer in Charge must give his or her permission before an unclothed body search can be conducted.

2. Before an unclothed body search can be conducted, an inmate suspected of hiding contraband on his or her body must be removed out of view of the inmate population. If only one inmate is being searched, the search will be conducted in an area accessible only to the inmate and the staff conducting the search. In cases involving more than one inmate, they may all be searched at the same time and in view of each other. Only those inmates and staff conducting the search will be present during the search.

3. During an unclothed body search, the inmate will remove all clothing, place it in a pile, then move away from the pile a few paces. The search will include hair, ears, and mouth (dentures must be removed). The entire body will then be checked including armpits, hands, pubic region, between the toes, soles of the feet, external anal area, and inner portions of the legs.

4. Internal examination of body orifices or cavities, if necessary, will be made by medical personnel only. Any bandages or casts will be thoroughly examined by medical personnel only.

5. Every article of clothing and personal property will be thoroughly searched.

(3) Body orifice and cavity searches.

(a) Body orifice and cavity searches of inmates may only be conducted by appropriate medical personnel who may be of the opposite sex from the inmates.

(b) Body orifice and cavity searches will only be conducted when authorized by the warden, assistant warden, or the Correctional Officer Chief upon a finding that there exists a reasonable suspicion that an inmate has contraband secreted in a body orifice or cavity. Reasonable suspicion may be established from any of the following evidence:

1. Confidential information received from a reliable source.

2. Irregularities found in the area of the body during an unclothed body search.

3. Observed actions or behavior that creates a reasonable suspicion that an inmate has secreted contraband within a body orifice or cavity.

(c) The following procedures and conditions apply to body orifice and cavity searches:

1. The degree and intensity of the search must be the least required to bring the search to a conclusion.

2. Oral cavity searches may be conducted visually as a routine element of any search of an inmate. When evidence indicates an inmate is concealing contraband in his or her mouth, the following steps will be taken:

a. The inmate will be restrained or be placed under constant visual observation.

b. No restraints or holds may be applied in any manner that inhibit breathing or swallowing. However, the inmate may be physically controlled and isolated from other inmates if necessary in order to avoid his or her disposal of the contraband.

c. When there is reasonable cause to believe contraband has been swallowed, any attempt to retrieve the contraband will be accomplished by appropriate medical personnel only unless exigent circumstances require immediate action to protect the health of the inmate.

d. No physical intrusion into an inmate’s oral cavity will be attempted by any person other than appropriate medical personnel.

3. Physical intrusion. The forcible retrieval of contraband by intrusion into the inmate’s body may be conducted for any of the following reasons:

a. When appropriate medical personnel has determined that failure to remove the contraband presents an imminent danger to the health of the inmate;

b. When the contraband is clearly identified and constitutes a clear and present danger to the security of the institution or the safety of the inmate or other persons, and the contraband cannot be retrieved by any less intrusive or forcible manner; or

c. When it is necessary to retrieve the contraband for purposes of identification or to secure it as evidence, and the contraband cannot be retrieved by any less intrusive or forcible manner.

4. Physical isolation and observation. When the inmate cannot or will not voluntarily remove and surrender the contraband, or when a physician has determined that the physical removal of contraband may be hazardous to the health and safety of the inmate, the inmate may be placed in a medically approved isolated setting under constant visual supervision until the contraband can be retrieved through natural means. The natural process of waste elimination will be used as an alternative to forcible intrusion into the body cavities or surgery whenever a physician determines that the natural method is feasible and does not pose a hazard to the inmate’s health and safety.

5. The search must be reasonably necessary for institutional security, for the safety of persons, or for evidence involving a criminal offense.

6. Prior to the initiation of the first phase of the search, and before each successive escalation of the search, the individual will be given ample opportunity to voluntarily remove and surrender the contraband.

7. A Correctional Security Shift Supervisor or Correctional Officer III of the same sex as the inmate must be physically present when the search is made.

8. The search will be made only by a physician or appropriate medical personnel working under sanitary conditions and in a medically approved way.

9. Force may be used only to the extent necessary to make the person submit to the examination.

10. Blood, urine, and saliva may be taken from the person and subjected to laboratory analysis to determine the presence of alcohol, narcotics, or dangerous drugs to ensure the safety and security of the inmate, Department employees, other inmates, and the institution.

11. X-ray technology intended for the diagnosis or treatment of injury or disease will not be used to determine if contraband is concealed in a body orifice or cavity of an inmate.

12. Complete and detailed documentation of all body orifice or cavity searches must be submitted to the warden. Such documentation must include the following information:

a. Chronology of events leading to the search and escalation of the search process.

b. Name and rank of all persons participating in the search process or supplying information which justified the search.

c. All evidence and information regarding the justification for each degree of the search.

d. Results at the conclusion of the search.

Rulemaking Authority 944.09, 944.473 FS. Law Implemented 944.09, 944.47, 944.473 FS. History–New 4-8-81, Amended 7-3-85, Formerly 33-3.065, Amended 11-2-86, 6-2-94, 1-25-96, 3-24-97, 9-9-97, 12-15-98, Formerly 33-3.0065, Amended 2-8-00, 9-4-05, 6-9-20.

33-602.205 Inmate Telephone Use.

(1) This rule sets forth the minimum telephone privileges that shall be granted to inmates housed in institutions or facilities other than community correctional centers. All inmate calls, with the exception of those calls placed to attorneys pursuant to paragraph (3)(a), and to foreign consulates pursuant to paragraph (5)(a) shall be subject to monitoring and recording. Due to the high level of security needs on death row, the only telephone privileges available to death row inmates – except those inmates in Phase I or Phase II, as those phases are described in Rule 33-601.830, F.A.C. ‒ are those set forth in paragraph (3)(a), private calls to attorneys; subsection (4), calls to the courts; paragraph (5)(a), private calls to foreign consulates; subsection (6), calls made in the event of family crisis; and subsection (18), other monthly telephone calls. The only telephone privileges available to death row inmates in Phase I and Phase II are those set forth in paragraph (3)(a), calls to attorneys; paragraph (5)(a), private calls to foreign consulates; and subsection (6), calls made in the event of family crisis.

(2) Inmate telephone procedures will be conducted as follows:

(a) Inmates shall be allowed to telephone any authorized person and those outlined in paragraph (3)(a), subsection (4), and subsection (5) of this rule. For purposes of this rule, an authorized person is any person the inmate is not prohibited from calling pursuant to statute, court order, or paragraph (14)(a) of this rule. Inmates shall not make three-way telephone calls, conference calls, or calls to numbers which are then transferred or merged to other telephone numbers. Collect calls to personal cell phone numbers will be allowed as follows:

1. The cell phone must be contracted through a wireless telecommunications company licensed by the Federal Communications Commission;

2. The inmate will be responsible for advising family/friends that they must contact the contractor for the inmate telephone system to establish a payment account for calls made to the cell phone number;

(b) The reception center classification staff shall assign the inmate a Personal Identification Number (PIN) upon reception. The PIN assigned during the reception process will be the same PIN the inmate will use throughtout their incarcertation.

(c) Upon the first call attempt, the inmate is required to complete the telephone system’s inmate biometric PIN confirmation process.

(d) Unless authorized by the Department to do so, no one is permitted to modify, alter, circumvent, attempt to modify, attempt to alter, or attempt to circumvent the PIN confirmation process or any security features of the telephone system or to use such privileges to engage in any activity that violates Department rules, state law, or federal law. The use or misuse of the telephone system or privileges in such manner will cause the PIN to be disabled by institutional staff, subject the inmate to discipline pursuant to Rule 33-601.314, F.A.C., and have the inmate’s telephone privileges restricted or revoked due to misuse of telephone privileges as outlined in subsection (14) of this rule.

(e) Each inmate will only use their specifically assigned PIN, which allows them access to the telephone calling services.

(f) Individual PINs may be disabled by institutional staff due to misuse of telephone privileges as outlined in subsection (14) of this rule.

(g) All calls will require PIN usage unless otherwise provided within this rule.

(h) Except for calls to attorneys as provided in paragraph (3)(a), calls to foreign consulates as provided in paragraph (5)(a), or calls during family crisis as provided in subsection (6), calls shall be limited to 30 minutes. Calls to attorneys as provided in paragraph (3)(a), calls to foreign consulates provided in paragraph (5)(a), and calls in time of family crisis as provided in subsection (6), shall be limited to the amount of time reasonably necessary to accomplish the purpose of the call.

(i) The warden shall determine the frequency with which inmates are allowed to use the monitored telephones based on population to telephone ratios and institutional needs.

(j) All calls from the monitored telephones shall be collect and shall contain a prompt which clearly identifies the call as coming from a Florida Department of Corrections institution.

1. The prompt will advise the inmate and the party who is called that the call is subject to being monitored and recorded by the Department of Corrections.

2. The prompt shall clearly identify the caller on a prerecorded message which is input at the time of the inmate’s first call.

3. The system requires the inmate caller to key in their PIN on the key pad before gaining access to an outside line.

4. The system will detect conference calls or three-way calling activity and terminate the call when such activity is detected.

(k) Each institution where monitoring and recording is conducted shall ensure that signs are posted which state that telephone calls are subject to being monitored or recorded. These signs shall be posted on or beside each telephone subject to monitoring and shall remain posted at all times. Stolen or defaced signs shall be replaced promptly upon discovery.

(l) At each institution where telephone calls are monitored or recorded, the warden or designee will be the individual primarily responsible for the monitoring equipment, maintenance of records, and review of conversations.

(m) Wardens are authorized to designate additional staff who will be responsible for monitoring telephone calls and reviewing records and recordings of monitored calls.

(n) Records and recordings of monitored calls shall be kept in an area where staff access is controlled. Records and recordings of monitored calls shall be retained for a minimum of one year. Access to records and recordings shall be limited to the following persons:

1. Secretary;

2. Deputy Secretary;

3. Assistant Deputy Secretary of Institutions or their designee;

4. Regional directors or designees;

5. Inspector General or designee;

6. The warden of each institution or their designee;

7. Director of Institutional Operations and Intelligence or their designee;

8. Deputy Director of Institutional Operations;

9. Chief of Bureau of Intelligence or their designee(s);

10. Chief of Bureau of Security Operations or their designee(s); and

11. Chief of Bureau of Classification Management or their designee(s).

(o) The department’s contract manager or designee and wardens shall ensure that the system is checked periodically to assess the integrity of all components of the system. If the notification system is not functioning properly, monitoring of the telephone calls shall immediately cease until the problem is corrected.

(p) The Department shall have the ability to immediately temporarily deactivate any inmate’s telephone account established under paragraph (2)(a), upon approval of the Warden/Duty Warden, for any of the following reasons:

1. 48-hours prior to any transfer;

2. 48-hours prior to any outside medical appointment;

3. 48-hours prior to any outside court appointment.

(3) Calls to attorneys.

(a) Inmates shall be allowed to make private telephone calls to attorneys upon presentation to the warden or his designee of evidence that the call is necessary. Such evidence shall be a letter from the attorney requesting the return call or a court order containing a deadline the inmate cannot meet if he must communicate by letter with the attorney. The letter shall be on attorney letterhead, signed by the attorney requesting the telephone call, and include the bar association number of the attorney. Alternatively, an attorney shall be permitted to request prior arrangements be made with the warden or warden’s designee to have an inmate receive a private telephone call from the attorney on an unmonitored telephone by submitting a signed copy of form DC6-20001 and a copy of the attorney’s bar admission card along with the request letter, email with attached required documents, or FAX. Form DC6-20001 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. http://www.flrules.org/Gateway/reference.asp?No=Ref-14204. The effective date of this form is 05/22. Unmonitored calls shall be limited to those which are necessary and cannot reasonably be accomplished through other available means of communication. Except as authorized by warrant or order of court, telephone calls to attorneys made pursuant to this section shall not be monitored or electronically recorded. These calls will be placed on telephones designated for this purpose and shall be collect calls; there shall be at least one telephone at each institution that is not connected to the monitoring system for these calls.

(b) If an inmate places a call to their attorney’s telephone number outside of the parameters above, it will be collect, subject to monitoring and recording, and limited to 30 minutes, in accordance with subsection (2) of this rule. If the inmate and the attorney want to have non-monitored conversations, the procedures in paragraph (3)(a) must be followed.

(4) Court Calls.

(a) When an inmate is required to appear or participate in a hearing or other court-scheduled proceeding, and a telephonic appearance is being utilized for the inmate to participate:

1. The inmate or their legal representative will be responsible for making arrangements with the court to appear telephonically; and,

2. The inmate or their legal representative must provide notice of the call to the inmate’s classification officer at least five business days prior to the scheduled hearing to facilitate telephone access except in the case of extenuating circumstances (e.g., emergency order issued from the court requiring a telephonic appearance by the inmate the following day).

a. Such notice shall include the date, time, estimated duration, case number, presiding judge (if known), telephone number, and whether the call is to be incoming (i.e., court calling in) or outgoing (i.e., dialed by staff) for the telephonic appearance. Any other requirements necessary for the telephonic appearance shall be included in the notice (e.g., whether a Notary Public is requested to witness and notarize legal material).

b. Inmates shall provide such notice by submitting Form DC6-236, Inmate Request, to his or her classification officer and shall include any directive received from the court or legal representative (e.g., an order or notice of hearing). Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

c. Inmate legal representatives shall provide advance written notice to the inmate’s classification officer. Notices shall include or attach any orders or directives issued by the court.

3. To not impair or disrupt the normal operations or security of the facility, and taking into consideration schedules of institutional staff, telephonic appearances should be scheduled between 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding paid state holidays. Telephonic appearances shall be limited to the amount of time reasonably necessary to accomplish the purpose of the call.

(5) Calls to Foreign Consulates.

(a) A foreign national inmate shall be allowed to make private telephone calls to their respective consulate upon presentation to the warden or his designee of evidence that the call is necessary and that the inmate is a native of the country represented by the consulate as verified by Immigration and Custody Enforcement. Such evidence shall be a letter from the consulate (transmission by FAX is acceptable) requesting the return call. A consulate shall also be permitted to make prior arrangements by letter or FAX with the warden or warden’s designee to have the inmate receive a private telephone call from the consulate on an unmonitored telephone.

(b) Except as authorized by warrant or court order, telephone calls to counsulates made pursuant to this section shall not be monitored or electronically recorded. These calls will be placed on telephones designated for this purpose and shall be collect calls; there shall be at least one telephone at each institution that is not connected to the monitoring system for these calls.

(6) An inmate may be authorized by the warden or the warden’s designee to make telephone calls in cases of family crisis, including death or serious illness in the immediate family, or serious marital or other family problems. The warden or the warden’s designee shall consider each request for such a call and shall authorize such a call only if, after considering the totality of the circumstances, they determine that authorizing the call would be consistent with their duty to maintain the safety, security, and effective management of their institution.

(7) Unless otherwise outlined in this rule, inmates in administrative confinement, protective management, disciplinary confinement, close management, maximum management, or death row status have telephone use privileges set forth in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800, 33-602.820, and 33-601.830, F.A.C., respectively.

(8) Inmates may not receive incoming telephone calls because it is disruptive to normal operating and program functions of an institution. Inmates may receive incoming voicemails which are recorded and subject to the same monitoring as telephone calls. These messages will be stored, reviewed, and retained for a minimum of one year to allow called inmates to access the messages.

(9) All long distance calls shall be “collect” calls except those authorized in response to family crisis in subsection (6) or calls to courts when the inmate is required to participate in a hearing as outlined in subsection(4).

(10) For security and control purposes, telephones designated for inmate use will be designed to be rendered inoperable during times when telephone usage would interfere with other institutional activities and during institutional emergencies.

(11) No inmate shall establish or conduct a business through use of the telephone, or any other avenue of communication, during their period of incarceration.

(12) Any request to make a telephone call may be denied if the call would present a threat to institution security or order or to the safety of any person.

(13) The Department is not responsible for maintaining telephone equipment damaged by inmate abuse or for providing telephone service if the telephone company discontinues service as a result of inmate abuse.

(14) Misuse of telephone privileges.

(a) An inmate shall not contact by telephone any person who has advised the warden’s office that he does not wish to receive telephone calls from the inmate. Once the inmate is notified of this restriction, any further attempt to communicate by telephone will be considered a violation of this rule and will subject the inmate to disciplinary action.

(b) Inmates shall be subject to having telephone privileges restricted or revoked for abuse of telephone communication services. Examples of abuse include:

1. Making harassing or unwelcome calls;

2. Making a threatening, obscene or nuisance telephone call;

3. Making a call which is in any way a violation of state or federal law, telephone company regulations or department or institution rules or regulations;

4. Damaging or destroying telephone equipment;

5. Making three-way or conference calls. This includes calls that are placed and then transferred to another telephone number and calls that are merged. The telephone system automatically detects any such call. For purposes of this rule, a three-way call includes any call where a third telephone line or other device has been added or merged to the conversation without the assistance of a telephone operator. This rule does not prohibit a called party from allowing other persons in the same room to speak with the inmate on the called telephone line.

a. The warden or assistant warden shall have the authority to reinstate a blocked number after the warden or assistant warden has determined that there was no illicit intent and after advising the party that further occurrences will not be tolerated.

b. The warden or assistant warden shall notify the contractor's on-site staff of the reinstatement of any blocked telephone number on an inmate’s telephone list.

c. Any subsequent violations of the three-way or conference call or merged call prohibition will result in a permanent block being placed on the telephone number involved.

6. Using another inmate’s PIN number or providing a PIN number to another inmate;

7. Using a telephone to conduct a business enterprise;

8. Speaking in an unidentifiable code;

9. Modifying, altering, circumventing, attempting to modify, attempting to alter, or attempting to circumvent the PIN confirmation process or any security features of the telephone system or using or misusing such privileges to engage in any activity that violates Department rules, state law, or federal law; and

10. Sharing calls or placing calls for another inmate and allowing him or her to converse with the called party.

(c) Inmates found to have abused telephone privileges shall be subject to disciplinary action in accordance with Rules 33-601.301-.314, F.A.C. In addition, wardens are authorized to suspend an inmate’s telephone privileges, other than calls to attorneys as outlined in paragraph (3)(a), calls to courts as outlined in subsection (4), and calls to foreign consultates as outlined in paragraph (5)(a), during an investigation for abuse of telephone privileges.

(d) Inmates shall also be subject to suspension of telephone privileges, other than calls to attorneys as outlined in paragraph (3)(a), calls to courts as outlined in subsection (4), and calls to foreign consulates as outlined in paragraph (5)(a), as a result of other disciplinary infractions unrelated to telephone procedure violations.

(15) Inmates will not be allowed to possess or use telephone calling cards or prepaid phone cards.

(16) Telephone devices for the deaf.

(a) Each institution shall have at least one telephone device for the deaf.

(b) Usage of telephone devices for the deaf shall be limited to sixty minutes per call.

(c) Inmates who can hear, but wish to call persons who are deaf or hearing impaired must provide or cause to be provided documentation that the person being called is deaf or hearing impaired. This documentation shall be used only for the purpose of verifying the need for use of telephone devices for the deaf or hearing impaired. The following documentation will be considered acceptable and will be placed in the inmate’s institutional file and marked confidential:

1. Letter from the person’s medical doctor stating the impairment;

2. Letter from the Social Security Administration recognizing the impairment.

(d) All inmates using telephone devices for the deaf will be informed, before the call is made, that the call will be monitored.

(e) The call will be recorded and transcribed within the telephone system so as to be available for access and review by the designated security staff.

(17) Prison Tips Hotline.

(a) A free speed-dial number will be available for dialing from any telephone designated for inmate use to report suspected criminal activity or crimes that occur inside or outside the institution.

(b) The inmate will not have to enter their PIN to access the prison tips hotline.

(c) Calls to the prison tips hotline will be limited to three minutes and will be recorded and retained for one year.

(18) In addition to the other telephone privileges set forth in this rule for death row inmates, and according to the capabilities of the facility, such inmates shall be allowed to coordinate and schedule a minimum of one thirty-minute telephone call per month. The call shall be subject to the same Department telephone monitoring and recording as that to which non-death row inmate calls placed to persons or entities other than attorneys and foreign consulates are subject.

(19) Inmates who violate any Department rule pertaining to the use of telephones shall be prohibited from making any telephone call, except private calls to attorneys as set forth in paragraph (3)(a), calls to courts as outlined in subsection (4), or calls to foreign consulates as outlined in paragraph (5)(a), for the 30-day period immediately following the date of any such violation.

Rulemaking Authority 944.09, 944.151 FS. Law Implemented 92.525, 117.10, 944.14, 944.09 FS. History–New 11-19-81, Formerly 33-3.125, Amended 11-21-86, 1-6-92, 3-24-97, 7-22-97, 12-21-98, Formerly 33-3.0125, Amended 2-7-00, 6-18-02, 2-4-03, 12-30-03, 11-25-04, 1-7-07, 9-24-07, 3-23-08, 6-14-12, 8-11-16, 5-12-22.

33-602.206 Emergency Management.

(1) Definitions.

(a) Incident – where used herein, any assault, bomb threat, employee strike, escape, evacuation, fire, hazardous material or chemical spill or leak, hostage situation, medical emergency, natural or man-made disaster, pandemic, riot or disorder, or any other significant event requiring departure from normal operations.

(b) Incident commander – the individual assuming and having responsibility for the management of all incidents.

(c) Emergency Action Center (EAC) refers to the unit located in the central office charged with receiving reports regarding incidents from Department of Corrections’ facilities and reporting the information to the proper authorities. This unit also receives requests for criminal histories, warrant confirmations, and offender location requests from law enforcement agencies throughout the United States.

(2) The department will ensure that there are incident response plans in place at each facility that houses inmates.

(3) Upon determining that an incident has occurred or is about to occur, the incident commander shall immediately notify the department’s Emergency Action Center, the appropriate prison inspector, and then the regional director. The regional director or designee shall in turn immediately notify the Office of the Secretary, and the Secretary or designee shall notify the Office of the Governor and appropriate central office personnel. Notification shall include the essential facts of the situation, and persons notified shall be kept informed of new developments as they occur by the same process.

(4) The following tactical priorities shall govern the measures taken to resolve an incident:

(a) Provide for the safety, accountability, and welfare of the public, personnel, and inmates. This priority is ongoing throughout the incident.

(b) Stabilize, isolate, and contain the incident and provide for preservation of life, property, and order.

(c) Remove endangered persons and obtain treatment for the injured.

(d) Conserve expenses and damage to property.

(e) Resolve the incident and return the institution to normal operations.

(f) Ensure the identification, arrest, and prosecution of persons violating the law.

(5) Force may be used to restore order subject to the provisions of Rule 33-602.210, F.A.C. No personal weapons or ammunition of any kind will be used except as specifically authorized by the incident commander.

(6) Until order is restored no employee shall give any information to the news media without the authority of the incident commander, regional director, or Secretary. News media representatives shall not be allowed to enter any area where active rioting is taking place. The incident commander has the responsibility of advising the news media of appropriate information, with the advice and assistance of the director of the Office of Communications.

(7) There shall be no bargaining with or concessions to inmates who continue in a state of revolt or insurrection. An appropriate official may talk to and attempt to reason with the rebellious inmates in an attempt to regain control by peaceful means. Demands of inmates that they be permitted to negotiate only with the Governor, news media, or other specified party will be refused.

(8) Dealing with inmate leaders in regard to hostages will be handled by the incident commander or other designated, trained officials of the institution or department. Immediate efforts will be directed toward the liberation of said hostages without undue delay. Any employee taken hostage has no authority regardless of his rank or position while he is a hostage. An inmate(s) who demands to be released from custody by threatening to do bodily harm to a hostage if he is not released will not be released, even if all efforts to secure the hostage fail.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.44, 944.45 FS. History–New 11-3-82, Formerly 33-3.16, 33-3.016, Amended 3-10-11.

33-602.207 Conducting a Business While Incarcerated.

(1) No inmate shall establish or engage actively in a business or profession while incarcerated.

(2) For the purposes of this rule, a business or profession is defined as any activity in which the inmate engages with the objective of generating revenue or profit while incarcerated. Activity so defined is prohibited due to the fact that profit or revenue potential creates the opportunity for fraud and increases inmate interest in participation in business activity, resulting in an increase in the volume of mail and telephone activity. This increased volume places an undue burden on staff to monitor the additional mail and telephone calls to ensure the security and order of the institution and the safety of staff, inmates and the general public. Engaging in a business or profession also includes individual activities with profit or revenue potential, such as submission of a manuscript for publication when one of the objectives of such publication is the generation of revenue. Inmates are prohibited from entering into marketing agreements with literary agents for the marketing of literary works in exchange for a portion of any commissions received. An inmate who wishes to submit writings for publication shall provide a written statement to mailroom staff verifying that the inmate is not seeking compensation, nor will he accept compensation for the writings.

(3) An inmate who is engaged in a business or profession prior to commitment to the department shall assign authority for the operation of such business or profession to a person in the community within 90 days of commitment. When it is necessary to utilize the mail or telephone for this purpose, the inmate shall coordinate this activity through his classification officer.

(4) Incoming or outgoing mail relating to the direction of an inmate’s business or profession shall be rejected.

(5) Any inmate who attempts to conduct a business or profession through the mail, telephone, or any other avenue of communication while incarcerated shall be subject to disciplinary action in accordance with Rules 33-601.301-.314, F.A.C.

(6) Inmates shall not be restricted from mail, telephone, or other non-prohibited communications necessary to enable an inmate to protect property and funds that were legitimately the inmate’s at the time of commitment.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 8-10-03, Amended 2-25-08.

33-602.210 Use of Force.

(1) Definitions.

(a) Controlled Conditions – Circumstances in which the inmate upon whom force would be used is secured in a cell, shower room, recreation enclosure, isolation management room, or similarly secure setting, and is not causing, or posing a threat of, any harm to themselves or others.

(b) Correctional Emergency Response Team – A team comprised of Department staff trained in special tactics, including the use of deadly force, for the intervention and resolution of life-threatening crisis events.

(c) Crisis Intervention Techniques (CIT) – Methods used to offer immediate, short-term help to individuals who experience an event that produces emotional, mental, physical, or behavioral distress or problems.

(d) Crisis Intervention Techniques Training – This training assists staff in applying non-force de-escalation techniques and strategies in the care and control of inmates suspected to be mentally ill.

(e) CS – Orthochlorobenzal Malononitrile or Orthochlorobenzylidene Malononitrile – An irritant agent that causes a burning sensation and tearing of the eyes, nasal discharge, and skin and upper respiratory irritation.

(f) Custodial grasp – The firm grasp by Department staff of the tricep(s) or elbow(s) of an inmate who is being transported internally and who is proceeding appropriately.

(g) Deadly Force – Force that is likely to cause death or great bodily harm.

(h) Direct Firing – The practice of firing specialty impact munitions directly into a group of rioters with a target area of the waist or below from no less than a minimum distance designated by the manufacturer of the munitions.

(i) Electronic Immobilization Device (EID) – A device (hand-held, dart-fired, shield, or belt/band type) that delivers an immobilizing electric charge of pre-determined and preset duration.

(j) Emergency Action Center – The unit located in the Central Office charged with receiving information regarding serious incidents, such as riots and escapes, from all state correctional institutions and private correctional facilities and reporting the information to the proper authorities. This unit also receives requests for criminal histories, warrant confirmations, and offender location requests from law enforcement agencies throughout the United States.

(k) Great Bodily Harm – A physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

(l) Incident Commander – The employee responsible for the management of emergency incidents, such as riots and natural disasters.

(m) Institution – Any “state correctional institution” as defined in Section 944.02, F.S., or “private correctional facility” as defined in Section 944.710, F.S.

(n) Isolation Management Room – A room in an infirmary or inpatient mental health unit that is used for observation and management of inmates who present symptoms of acute mental impairment, inmates who present a risk of serious self-injurious or suicidal behavior, and other inmates in need of observation for mental health reasons.

(o) Less-Lethal Weapons – Weapons whose standard use is less likely to cause death or great bodily harm than are firearms loaded with lethal ammunition, including EIDs batons, chemical agents described in this rule, and specialty impact munitions.

(p) Less Than Lethal Force – Any force that is neither intended nor likely to cause death or great bodily harm.

(q) Observation Cells – Cells in areas outside of an infirmary/inpatient mental health unit that meet the safety and custodial standards of an isolation management room.

(r) OC – Oleoresin Capsicum – An inflammatory agent that causes tearing and involuntary closing of the eyes, nasal discharge, sneezing, disorientation, and the sensation of respiratory distress. OC is the primary chemical agent to be utilized for cell extractions and other in-cell uses unless circumstances exist as described in this rule.

(s) Organized Use of Force – Any force that may be administered to control, escort, or geographically relocate an inmate, or to quell a disturbance in controlled conditions, when the immediate application is not necessary to prevent a hazard to any person.

(t) Procedural Violation – A violation of any rule, procedure, or training that is not related to the type or amount of force used and is not criminal in nature.

(u) Psychiatric Restraints – Devices, procedures, or techniques used to restrict movement or behavior as to greatly reduce or eliminate the ability of an individual to harm himself, herself, or others, including four-point and five-point psychiatric restraints.

(v) Qualified Mental Health Professional – A clinician who is credentialed and approved by the Department’s credentials review committee or a Department contractor who provides mental health treatment and services to an inmate assigned to a given level of mental health care.

(w) Rapid Response Team – A team comprised of correctional officers (officers) specially trained in less-lethal and lethal munitions, chemical munitions, crowd control, and riot suppression.

(x) Reactionary Use of Force – Any force that must be administered quickly or immediately to compel the cessation of an inmate’s violence or resistance to a lawful order.

(y) Reasonable Force – Any force that is authorized, consistent with current training, and appropriate for the purpose of protecting oneself or another or for gaining an inmate’s compliance with a lawful order.

(z) Rubber Ball Rounds – Multiple pellets fired from cartridges at the lower extremities of rioters that are designed to inflict pain compliance.

(aa) S-2 – The mental health classification grade denoting mild impairment in the ability to meet the ordinary demands of living within general inmate housing (including segregation) due to a diagnosed mental disorder. The impairment in functioning is not so severe as to prevent satisfactory adjustment in general inmate housing with provision of mental health services. Clinical management of the disorder may require at least periodic administration of psychotropic medication, which the inmate may exercise his or her right to refuse.

(bb) S-3 – The mental health classification grade denoting moderate impairment in the ability to meet the ordinary demands of living within general inmate housing, due to a diagnosed mental disorder. The impairment in functioning is not so severe as to prevent satisfactory adjustment in general inmate housing with provision of mental health services. Clinical management of the disorder may require at least periodic administration of psychotropic medication, which the inmate may exercise his or her right to refuse.

(cc) Self-Injury or Self-Injurious Behavior – Any behavior where an individual purposefully inflicts harm to his or her body without the obvious intention of committing suicide.

(dd) Shift Supervisor – The highest ranking officer of the on-duty shift.

(ee) Skip Firing – The practice of firing specialty impact munitions five to seven feet in front of rioters, thereby deflecting the munitions into the legs of the rioters.

(ff) Specialty Impact Munitions – Munitions designed to incapacitate, distract, and control a subject with a relatively low likelihood of life-threatening injury.

(gg) Suicide Attempt – Any intentional act that is potentially lethal and is committed in an effort to complete a suicide.

(hh) Uninvolved CIT-Trained Staff Member – A CIT-trained staff member who is not involved in the events leading up to the need to use force.

(ii) Wooden Baton Rounds – Multiple wooden projectiles fired from a 37/40-mm weapon, designed to be skip fired into the lower extremities of rioters to inflict pain compliance.

(2) Authorization to Use Force.

(a) The following authorization to use force is subject to every other provision of this rule. Department staff, and staff of a Department contractor who are responsible for supervising inmates, are authorized to apply force on an inmate only when they reasonably believe it to be necessary to:

1. Defend himself, herself, or others against imminent or already occurring unlawful force,

2. Prevent a person from escaping from an institution when the staff member reasonably believes that person is lawfully detained in such institution,

3. Gain custody of an escaped inmate,

4. Prevent damage to property,

5. Quell a disturbance,

6. Overcome an inmate’s physical resistance to a lawful order,

7. Prevent an inmate from inflicting any self-injury or from attempting to commit suicide, or

8. Restrain an inmate to permit the lawful administration of medical treatment under the supervision of a physician or his or her designee when treatment is necessary to protect the inmate from self-injury or death, or to protect the health of others.

(b) Force is necessary only when it would be unreasonable to pursue other means of attempting to achieve one of the objectives listed in paragraph (2)(a). Force is an option of last resort, to be used only after non-force options have been attempted and were ineffective or when the circumstances reasonably preclude attempting or continuing non-force alternatives to achieve one of the objectives listed in paragraph (2)(a).

(c) Any force used must be reasonable, lawful, consistent with current training, and of the minimum amount necessary to achieve one or more of the objectives listed in paragraph (2)(a).

(d) The custodial grasp is not a use of force.

(e) Verbal abuse alone is not a sufficient basis to authorize the use of force.

(3) Determination of Method of Force. If a Department staff member, Department contractor staff member, or private correctional facility staff member determines that force should be used, he or she must determine which method of force to use or seek to use. The person pursuing the use of force should pursue any method of force that is lawful and that he or she reasonably believes, based on training and experience, is consistent with Department rules and is most appropriate under the circumstances.

(4) Use of Force – General and Miscellaneous Provisions.

(a) Many of the guidelines and restrictions for the use of force set forth in this rule pertain only to a specific method of force, and sometimes to only the reactionary or organized use of such a method. However, where applicable, the provisions of this subsection apply to the use of force generally.

(b) Miscellaneous Use of Force Protocol.

1. Any use of force shall cease whenever an inmate complies with lawful orders or ceases the behavior which justified the use of force.

2. Use of force shall not be applied for punishment. Physical restraints such as handcuffs, leg irons, flex cuffs, and other such devices shall only be used for restraint purposes and not for punishment.

3. Inmates shall not be carried, dragged, or lifted by restraint devices. This shall not be construed to prohibit the use of an escort chair pursuant to Rule 33-602.212, F.A.C.

4. On-duty correctional officers who observe another officer engaging or attempting to engage in excessive use of force against an inmate has a duty to intervene.

a. When such intervention is reasonable based on the totality of the circumstances and the observing officer may intervene without jeopardizing his or her own health or safety, he/she will intervene to end the excessive use of force or attempted excessive use of force.

b. When an officer’s attempts to intervene fail to end the excessive use of force or attempted excessive use of force, the intervening officer will immediately notify the officer in charge and call for assistance from additional correctional officers.

5. Hands-on force shall not be used if injury is less likely to occur by using chemical agents, specialty impact munitions, or EIDs.

6. If an inmate who is secured in a cell fails to comply with a lawful order to cease his or her prevention of staff from closing a food flap/cuff port cover, staff shall pursue an organized use of force.

7. Reactionary use of force to prevent an inmate from self-harm shall only be used in the most extreme cases when the action of the inmate has caused observable injuries, the inmate is attempting to hang himself or herself, or the inmate possesses an instrument for self-injury and the risk is imminently life threatening.

(c) Video Recording Protocol.

1. General.

a. Video recordings of all use of force incidents shall continue uninterrupted from commencement of recording until the situation is stable and under control and the inmate is placed in a secure cell or transport vehicle for transfer.

b. The camera operator shall, to the best of his or her ability, ensure that all staff actively involved in any use of force and captured within the view finder of the camera is identified by rank/title and name.

2. Reactionary Use of Force.

a. A camera operator shall commence recording all reactionary use of force incidents upon arrival at the scene as soon as possible. At a minimum, the camera operator shall verbally identify himself or herself and state the date, time, and location of the incident when commencing recording.

b. Once the camera operator and shift supervisor arrive on the scene of a reactionary use of force, the shift supervisor, upon assessing the situation and being properly briefed, shall make a brief statement noting the reason(s) for the use of force. This shall be prior to the conclusion of recording and must include:

(I) The rank/title and name of staff involved in the use of force,

(II) The rank/title and name of any staff who were present, but not involved in the use of force,

(III) The name and DC number of the inmate(s) involved,

(IV) The type and amount of force used,

(V) Any other pertinent information that he or she deems relevant.

3. Organized Use of Force.

a. All organized use of force incidents shall be video recorded unless exigent or emergency circumstances prevent such action.

b. The shift supervisor during any organized use of force shall include in each video recorded markers of the following:

(I) Date and time of the recording,

(II) Location of the recording,

(III) Name and rank of supervisor(s) present,

(IV) Name and rank of person authorizing use of chemical agent (if applicable),

(V) Name and DC number of the inmate involved in the use of force,

(VI) Name of the camera operator,

(VII) Brief description of efforts taken to stabilize or control the inmate prior to the application of force,

(VIII) Final warning order administered by a supervisor or Incident Commander,

(IX) Clear, concise, and audible verbal warning to the inmate of pending application of force or entry into cell for extraction,

(X) Application of chemical agents,

(XI) Verbal order for a decontamination shower,

(XII) Decontamination of the inmate,

(XIII) Any medical examination performed after the use of force,

(XIV) Physical escort and placement in a decontaminated cell after incident,

(XV) Verbal refusals by the inmate to participate in decontamination or medical examination (if applicable),

(XVI) The name and rank of each Department staff member present.

c. Anytime there is a change in the on-scene supervisor or other staff during an application of an organized use of force, a new video recording will be initiated and the requirements in subparagraph (4)(c)1., and sub-subparagraphs (4)(c)3.a. and b., shall be repeated.

d. In the event that the inmate ceases his or her disruptive behavior after being issued a final order while the shift supervisor and camera operator are present with a camera, but resumes such conduct after the shift supervisor and camera operator have departed the area prior to an application of chemical agents, the shift supervisor shall recommence video recording.

e. In all cases where the administration of chemical agents is subsequently required, video recording will resume prior to the application of chemical agents, to include a statement referring to the originating incident, and continue until completion as directed in sub-subparagraph (4)(c)1.a.

4. Post-Use of Force.

a. Video recordings of post-use of force medical exams shall be conducted through a window or at a distance in such a manner so as to provide the maximum amount of privacy needed for the exams and so as to limit the disclosure of inmate protected health information to the minimum amount necessary. The fact that the footage is taken through a window or at a sufficient distance is to keep communication between the inmate and medical staff confidential and to ensure that only the minimum amount of protected health information, e.g., visible injuries or the lack thereof, is disclosed. Inmates involved in an organized use of force shall be video recorded continually until they have been placed in a vehicle for transportation or in a secure cell.

b. Immediately prior to securing the inmate in a cell or a vehicle for transportation, the officer in charge shall ensure the camera operator records the inmate’s anterior and posterior body for the presence or absence of visible injuries. Caution shall be taken to avoid capturing the inmate’s unclothed genitalia, buttocks, or female breasts.

(5) Use of Chemical Agents.

(a) General.

1. All chemical agents shall be used with caution and in accordance with the manufacturer’s instructions.

2. Authorization for an organized use of force application of chemical agents within an institution may only be given by the warden or designee.

3. Authorization to Use CS instead of OC.

a. CS may be used during cell extractions and other in-cell incidents if OC applications previously administered were ineffective in obtaining compliance or ceasing disruptive actions or physically threatening behavior.

b. The warden or designee may authorize the use of CS as an initial primary chemical agent whenever past applications of OC to an inmate were documented on a Report of Force Used, Form DC6-230, as having been applied and ineffective. Form DC6-230, Report of Force Used, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14048. The effective date of the form is 03/22.

c. The warden or designee may authorize the use of CS as an initial or primary chemical agent during in-cell applications whenever an inmate attempts to deploy a shield, barrier, or obstruction in an obvious attempt to avoid contact with an application of chemical agents. Justification for the use of CS whenever an inmate barricades or presents physical obstructions to counter chemical agent applications shall be noted on the Report of Force Used, Form DC6-230.

4. Only staff members who have received training in the use of chemical agents may discharge, carry, possess, or use chemical agents within an institution, except during emergencies such as riots or disasters or at the direction of the warden or designee.

(b) Reactionary use of chemical agents on inmates outside of controlled conditions.

1. Officers may utilize chemical agents for any of the reasons set forth in paragraph (2)(a). During emergency situations with multiple inmates in an outside area, chemical agents may be applied to quell the disturbance. In reactionary use of force situations, chemical agents are authorized for disbursal in a continuous manner until the moment the inmate(s) become(s) compliant with lawful orders.

2. An inmate shall at no time be removed from his or her assigned cell or placed at an alternate location, have clothing removed, or be restrained for the purpose of chemical agent application. If an officer administers chemical agents while an inmate is handcuffed or wearing restraints, and removal of such restraints was not possible prior to the application, the officer shall record an explanation of the circumstances in the Report of Force Used, Form DC6-230.

(c) Use of Chemical Agents on Inmates in Controlled Conditions.

1. The warden or designee shall be consulted and his or her written Authorization for Use of Force, Form DC6-232, must be obtained for any organized use of force prior to the application of chemical agents. Form DC6-232, Authorization for Use of Force, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14049. The effective date of the form is 03/22. The person responsible for submitting the use of force authorization shall prepare, date, and sign the authorization either prior to or immediately after the end of the shift in which force was used. If the authorization for use of force is granted after normal working hours, the authority granting the action shall sign the use of force authorization within one day following the incident, excluding weekends and holidays.

2. When an inmate in a controlled condition creates a disturbance, or the officer’s ability to provide unit security is adversely impacted by an inmate’s behavior, and the inmate refuses to comply with clear and audible lawful orders to cease his or her behavior, the following steps will be followed unless there is an emergency or other circumstances arise that would dictate alternative actions:

a. The housing unit supervisor will counsel with the inmate, ordering compliance with lawful commands or cessation of the behavior that would justify using force.

b. If the inmate remains non-compliant, the confinement lieutenant, close management lieutenant, or shift supervisor will counsel with the inmate, ordering compliance with lawful commands or cessation of the behavior that would justify using force.

c. If the inmate remains non-compliant, prior to issuance of a final order to an inmate ordering compliance with lawful commands or cessation of the behavior that would justify using force, the confinement lieutenant, close management lieutenant, or shift supervisor shall have control room staff check the Bed Inventory List to ascertain whether the inmate involved is classified as S-2 or higher. During regular work hours, if the involved inmate is S-2 or higher, the housing lieutenant or shift supervisor shall have a qualified mental health professional, if available, or CIT-trained security staff member provide crisis intervention and attempt to de-escalate the situation and prevent a use of force. After regular work hours, the housing lieutenant or shift supervisor shall have an uninvolved CIT-trained officer speak with the inmate in an attempt to de-escalate the situation and prevent a use of force.

d. If the inmate remains non-compliant or continues in his or her behavior that would justify using force and it is evident that the use of chemical agents is necessary to gain control of the inmate while minimizing the risk of injuries to others, the housing lieutenant or shift supervisor shall ensure that the following order of events takes place:

(I) Uninvolved inmates in the cell or immediate area shall be given the opportunity to exit or depart the potentially affected area, if such relocation does not create or cause a hazard to the safety of others.

(II) The shift supervisor shall review the Risk Assessment for the Use of Chemical Restraint Agents and Electronic Immobilization Devices, Form DC4-650B, to determine whether the inmate has a medical condition that may be exacerbated by the intended force. Form DC4-650B, Risk Assessment for the Use of Chemical Restraint Agents and Electronic Immobilization Devices, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-12229. The effective date of the form is 10/20. If the inmate has a medical risk factor for chemical agents, chemical agents shall not be used on the inmate unless each of the following conditions exists: the inmate possesses a weapon capable of causing great bodily harm or death, the warden or designee approves, and medical staff are present in the housing unit prior to the application of chemical agents. Medical staff shall be consulted about physical conditions of an inmate that may be aggravated by the application of chemical agents unless safety concerns prevent prior consultation. If the inmate has a medical risk factor for chemical agents as indicated on the risk assessment, this does not automatically preclude the use of electronic immobilization devices on the inmate.

(III) The warden or designee shall be contacted for authorization to use chemical agents or other force in the area. The warden shall not give authorization if the use of chemical agents or other force is not appropriate under the circumstances.

(IV) Chemical agents or EIDs shall be retrieved from secure storage or preparations shall be made for a forced cell extraction.

(V) Video recording procedures shall be initiated as outlined in subsection (4) of this rule.

(VI) A confinement or close management lieutenant or shift supervisor shall issue a clear concise and audible final order to the inmate ordering compliance. The inmate shall be advised chemical agents shall be used, if necessary, to gain compliance. If the inmate complies, the compliance shall be video recorded for three (3) minutes and then the video recording shall cease. If, during the same shift, the inmate resumes his or her disruptive behavior, video recording shall resume prior to the application of chemical agents or other force. This recording shall include a statement referring to the originating incident, and continue from this point until the decontaminating shower is given, medical examination is offered, and the inmate is returned to secure, decontaminated housing or transport vehicle.

(VII) If, after three (3) minutes, the inmate remains non-compliant with the final order of the housing lieutenant or shift supervisor and continues to disobey lawful orders or continues the behavior that would justify using force, a designated security staff member shall administer chemical agents upon the inmate in the amount of no greater than three (3) one-second bursts. The housing lieutenant or shift supervisor shall be present to directly oversee and provide clear direction to the security staff member designated to administer the chemical agents.

(VIII) If the inmate’s disruptive behavior continues after the initial application, a subsequent application of chemical agents in the amount of no greater than three (3) one-second bursts may be administered upon an inmate after at least five (5) minutes have elapsed since the initial chemical agent application.

(IX) If the inmate does not comply with orders after a minimum of five (5) minutes have elapsed from the conclusion of the second application of chemical agents, the warden or designee shall be consulted to evaluate what further response, which may include a third application of chemical agents, is necessary to regain compliance or control of the inmate.

e. Protocol following a third application of chemical agents.

(I) The warden or designee shall be consulted to evaluate further responses. Additional Report of Force Used, Form DC6-230, shall be used to document the incident. The shift supervisor shall ensure all use of force applications are properly documented in a Report of Force Used, Form DC6-230.

(II) The warden or designee shall authorize the activation of a cell extraction team as necessary to ensure safety or obtain compliance; however, additional applications of chemical agents shall not be administered or discharged upon an inmate after the initial three applications until at least sixty (60) minutes have elapsed from the time of the last application.

f. Post-chemical agent use protocol.

(I) Once the inmate becomes compliant with lawful orders and ceases his or her disruptive behavior, the shift supervisor or close management lieutenant will order the inmate to submit to hand restraints. Once the inmate is restrained, decontamination protocol shall be initiated as outlined in paragraph (9)(b) of this rule.

(II) Once decontamination protocol is complete, the inmate shall be offered medical examination as outlined in paragraph (9)(c) of this rule.

(III) Reports for the completed use of force shall be completed in accordance with paragraph (9)(a) of this rule.

(6) Use of Other Less-Lethal Weapons.

(a) Less-lethal weapons may be used in either reactionary or organized uses of force.

(b) The use of EIDs, batons, specialty impact munitions, or other less-lethal weapons within an institution shall be authorized only by the warden or designee when their use is necessary, their use would comport with the other provisions of this rule, and the use of the chemical agents referenced elsewhere in this rule would be either inappropriate or ineffective. Such weapons shall be utilized by officers who have completed the Department’s standard training on their use and shall be used in accordance with manufacturer specifications.

1. EIDs.

a. EIDs authorized by the Department include:

(I) Handheld EIDs, which shall be an intermediate level of force alternative, issued to officers who are transporting and supervising inmates outside an institution,

(II) Dart-fired EID (DFEID), which shall be an intermediate level of force alternative, issued primarily to officers supervising inmates within the general population setting. DFEIDs shall not be used on inmates while in a confinement or close management cell, unless it is justified to prevent death or great bodily harm to another person,

(III) Electronic shields, which may be used by forced cell extraction teams, and

(IV) Electronic restraint belts, which are authorized to be placed on an inmate for appearance in court, during transportation, or when the inmate is determined to be high risk or to have a history of violent behavior.

b. EIDs shall not be used on anyone other than an inmate during an authorized use of force, or upon any person to prevent serious injury or death. If possible, the shift supervisor shall counsel with the inmate, issue the final order to the inmate ordering compliance or cessation of disruptive behavior, and be present prior to the use of an EID at an institution, or during work detail or transport.

c. DFEIDs are authorized to be used during reactionary use of force incidents prior to using chemical agents or physical force when appropriate and necessary to quickly or immediately quell a disturbance involving the active physical resistance of an inmate to a lawful order when the inmate has the apparent ability to physically threaten an officer or another person.

d. DFEIDs are authorized to be used during reactionary use of force incidents when appropriate to defend against an inmate’s imminent use of unlawful force upon staff, inmates, or others, or to overcome an inmate’s active physical resistance to a lawful order when the inmate has the apparent ability to physically threaten an officer or another person.

e. Prior to any organized use of force of the type described in sub-sub-subparagraph (6)(b)1.b.(III), above, the shift supervisor shall review the Risk Assessment for the Use of Chemical Restraint Agents and Electronic Immobilization Devices, Form DC4-650B, to determine whether the inmate has a medical condition that may be exacerbated by the intended force. If the inmate has a medical risk factor for EIDs, they shall not be used on the inmate unless each of the following conditions exists: the inmate possesses a weapon capable of causing great bodily harm or death, the warden or designee approves, and medical staff are present in the housing unit prior to the application of EIDs. Medical staff shall be consulted about physical conditions of an inmate that may be aggravated by the application of EIDs unless safety concerns prevent prior consultation. If the inmate has a medical risk factor for EIDs, this does not automatically preclude the use of chemical agents on the inmate.

2. Specialty impact munitions. Specialty impact munitions shall only be used when necessary after all other reasonable alternatives to regain control have been exhausted. They are intended to be used as an interim force response between the use of chemical agents and deadly force.

a. Specialty impact munitions shall be used only by the Department’s designated armed response teams, Rapid Response Teams, Correctional Emergency Response Teams, and/or trained staff as authorized by the Deputy Secretary for use during riots and disturbances and to respond to staff assaults. They are intended as a less-lethal alternative to the use of deadly force. Specialty impact munitions shall not be used on anyone other than an inmate during an authorized use of force.

b. The following specialty impact munitions have been approved for use by the Department:

(I) 37/40-mm rubber ball pellet rounds,

(II) 12 gauge rubber ball pellet rounds – high velocity,

(III) 12 gauge rubber ball pellet rounds – low velocity,

(IV) 12 gauge drag stabilized (bean bag) rounds,

(V) 37/40-mm wooden baton rounds (skip fired 6 feet in front of target, no direct fire),

(VI) Stinger rubber ball grenades (stun grenade),

(VII) 40-mm impact munitions (OC, marking and inert foam) long range, and

(VIII) 40-mm impact munitions (OC, marking and inert foam) short range.

c. Selection and deployment of specialty impact munitions during a riot or disturbance or other instance where less-lethal force options are needed shall be authorized by the Secretary, regional director, or warden or designee.

d. Specialty impact munitions shall not be deployed in the direction of any individual in a manner contrary to the manufacturer’s directions or at a distance of less than that recommended by the manufacturer, unless the threat of bodily harm or death justifies the escalation to deadly force.

3. Pepperball Launching System (PLS). The PLS shall be used instead of aerosol-type chemical agents when aerosol-type chemical agents would not be effective due to weather conditions or when their use could subject the officer or uninvolved inmates to injury. The PLS shall be used by restricted labor squad supervisors and exercise officers for confinement, close management, maximum management, and death row populations. A warden may request authorization from the Deputy Secretary to deploy the PLS for those posts designated for observation of inmate movement and outdoor recreation activities. The PLS shall only be employed by officers who have completed the Department’s standard training in their use and effects.

a. General Provisions.

(I) The Deputy Secretary shall designate those institutions authorized to use the PLS.

(II) The PLS is classified as less-lethal at all distances, but, unless the incident necessitates otherwise, it only should be utilized at a distance of five (5) feet or greater to prevent the inmate from attempting to take control of the launcher.

b. Use of the PLS in Controlled Conditions.

(I) Written authorization from the warden or designee shall be received prior to utilization of the PLS for situations other than those described in sub-subparagraph (6)(c)3.c., below. This written authorization shall detail the reasons it was necessary to utilize the PLS in addition to or in place of aerosol-type chemical agents.

(II) In controlled situations when time constraints are not an issue, the PLS can only be used if authorized by the warden or designee. The warden or designee shall only authorize trained and certified officers to use the PLS.

c. Use of the PLS Outside of Controlled Conditions.

(I) The PLS is authorized for use to quell mass disturbances, violent events, assaults, and fights among inmates assigned to restricted labor squads. Authorized activation of the PLS by staff assigned to restricted labor squads does not constitute deadly force.

(II) The PLS is authorized for use in confinement, close management, maximum management, and death row recreation areas to quell mass disturbances, violent events, assaults, and fights among inmates.

4. Noise flash distraction devices. Noise flash distraction devices shall be used only by the Department’s Rapid Response Teams, Correctional Emergency Response Teams, and/or other trained staff as authorized by the Deputy Secretary for the purpose of creating a momentary diversion to assist correctional staff in restoring order in hostile situations. These situations include hostage rescue, crowd control, and certain escape and recapture efforts. The following noise flash distraction devices have been approved for use by the Department:

a. Hand-launched, reloaded noise flash distraction devices,

b. Hand-launched, single use noise flash distraction devices, and

c. Shotgun-launched (aerial distraction) noise flash distraction devices.

(7) Use of Deadly Force.

(a) Use of Deadly Force. Except as set forth elsewhere in this subsection, an officer is authorized to use deadly force only when the officer believes that such force is necessary to prevent imminent death or great bodily harm to himself, herself, or another.

1. Use of Firearms. The procedures set forth in this rule shall be readily available at all institutions for staff review.

2. Firearms or weapons shall be issued to an officer only upon instructions of the warden or designee, chief of security, or shift supervisor by the arsenal officer or the officer designated to issue weapons. Officers shall not intentionally discharge a firearm loaded with lethal ammunition, as opposed to less-lethal ammunition, at or in the direction of another person except under the following circumstances after all reasonable less-lethal alternatives have been exhausted and there is no reasonable danger to innocent bystanders:

a. To prevent an escape of an inmate who is actively attempting to flee custody,

b. To prevent any conveyance to gain unauthorized entry into or exit from an institution,

c. To prevent imminent death or great bodily harm, or

d. To quell a riot.

3. Nothing in this rule shall be read to say that there are always reasonable less-lethal alternatives to the intentional discharge of firearms loaded with lethal ammunition.

4. Firearms and other weapons are approved for use by the Department’s designated armed response team, Rapid Response Teams, Correctional Emergency Response Teams, and/or other trained staff as authorized by the Deputy Secretary for use during riots and mass disturbances. The Incident Commander shall determine the type of authorized lethal or less-lethal ammunition that is necessary to quell the riot or mass disturbance, and shall give orders accordingly.

5. The Incident Commander shall determine which weapons are necessary to quell the riot or mass disturbance, and shall give orders accordingly.

6. Firearms shall not be discharged:

a. In any case where there is a reasonable belief that the life of a bystander may be endangered by discharge of the firearm,

b. From any moving vehicle unless such action is reasonably believed necessary to protect oneself or another from imminent death or great bodily harm,

c. As a warning, except during escapes or when the officer reasonably believes it necessary to protect oneself or another from imminent death or great bodily harm, and time permits,

d. Until the employee reasonably believes that the person to be fired upon is an escaping inmate,

e. Except after all reasonable less-lethal alternatives have been exhausted,

f. On the mere suspicion that a crime, no matter how serious, has been committed, or

g. Except as authorized by Florida law.

(b) Because aircraft such as helicopters, airplanes, and unmanned aircraft (collectively referred to as “aircraft”) can be used to deliver contraband, carry out assaults, or facilitate an escape at an institution, the following policy shall apply whenever an aircraft approaches the perimeter fence line:

1. Staff shall immediately notify the control room of the location of the aircraft and its direction of flight, and shall continue to observe the aircraft.

2. When it can be done safely, actions other than firing weapons, such as waving arms in a manner to indicate disapproval to enter an area, shall be made in an attempt to cause the aircraft to change its flightpath.

3. If, when used, attempts to divert the aircraft fail, the aircraft shall be allowed to land.

4. Staff shall conduct a search of the flightpath of the aircraft over the property of an institution to determine if contraband was dropped.

5. All inmates shall be kept away from an aircraft while it is over or on the property of an institution.

6. Once an aircraft lands on the property of an institution, it shall be secured using armed security staff and shall be prevented from being flown away without causing damage to the aircraft by securing the flight equipment with locks and chains so that the aircraft can safely be removed by the proper authorities.

7. If an aircraft lands due to an in-flight emergency, it and any of its occupants shall be secured by staff until they are removed from the landing site.

8. If an aircraft hovers over or lands on the property of an institution for any reason, efforts shall be made to stop any inmate from boarding the aircraft. Any attempt by an inmate to board an aircraft shall be deemed to be an escape attempt. Department personnel are authorized to use deadly force against any inmate attempting to escape in accordance with this rule. When circumstances permit, a verbal warning to halt and a warning shot shall be fired prior to the inmate reaching the aircraft to board.

9. If weapons are fired from an aircraft, Department personnel are authorized to return fire and use deadly force to protect themselves and others from imminent death or great bodily harm.

10. Firearms shall not be fired toward a departing aircraft after it leaves contact with the ground except when weapons are being fired from the aircraft.

11. Department personnel may use deadly force against an escaping inmate being carried by the unmanned aircraft.

12. When an aircraft lands on the property of an institution, the local law enforcement agency and the Office of Inspector General shall be immediately notified. The Office of Inspector General shall notify the Florida Department of Law Enforcement, Federal Bureau of Investigation, and the Federal Aviation Administration.

13. All inmates shall receive orientation regarding this paragraph of the rule, which shall be made a part of the Department’s orientation program at all reception centers. This orientation shall contain instructions stating that should any aircraft land or attempt to land on or near the property of a state correctional institution or private correctional facility, inmates are required to move away from the aircraft, and that any movement toward the aircraft by an inmate shall be viewed as an escape attempt and shall subject the inmate to the use of deadly force to prevent him or her from escaping.

(c) Use of a conveyance to gain unauthorized entry into or exit from an institution. The institution shall take the following steps to prevent any conveyance or vehicle from being used to gain unauthorized forced entry into or forced exit from its perimeter area:

1. Time permitting, a verbal order to halt shall be issued followed by a warning shot if the vehicle fails to stop.

2. If the vehicle does not stop and continues to be driven or operated in a manner that indicates the driver intends to or is in the process of forcibly entering or exiting the perimeter, officers may use deadly force to prevent imminent death or great bodily harm or to prevent the escape of an inmate.

(d) Use of Force to Prevent Escape or to Recapture Escapee. Officers are authorized to use force, including deadly force, as necessary to prevent the escape of an inmate from an institution.

1. Escape attempts from inside an institutional perimeter where armed perimeter staff are assigned:

a. Institutions with a double perimeter fence. A loud verbal warning shall be made, if possible, instructing the inmate to stop or halt prior to the inmate’s contact with any inner perimeter fence. A warning shot may be safely fired prior to any inmate’s attempt to cross or pass over, through, or under the inner perimeter fence. A firearm shall not be fired at the inmate until he or she has begun to cross or pass over, through, or under the inner perimeter fence.

b. Institutions with a single perimeter fence. A loud verbal warning shall be made, if possible, instructing the inmate to stop or halt prior to the inmate’s contact with any perimeter fence. A warning shot may be safely fired prior to the inmate’s contact with the perimeter fence. A firearm shall not be fired at the inmate until he or she has begun to cross, or to pass over, through, or under the perimeter fence.

c. Warning shots are authorized only as provided herein. In all other instances where deadly force is authorized during inmate escape attempts, a loud verbal warning shall be issued if time and circumstances permit.

2. Apprehension of escaped inmates once they are outside an institutional perimeter.

a. Officers are considered to be in active pursuit of an escaped inmate who has fled from an institution or supervised work detail so long as the escape commander determines that the escape recovery efforts are active. An officer is authorized to use deadly force, after giving a loud verbal warning for the inmate to stop or halt the escape attempt, when the inmate is demonstrating a refusal to cease active flight or escape from an institution or supervised work detail. A firearm shall not be fired if it creates a hazard to persons other than the inmate.

b. The officer in charge of the incident shall be the Incident Commander until relieved by a higher authority or the incident is turned over to a law enforcement agency. The Incident Commander of the escape attempt shall determine when active recapture efforts are terminated. Upon order of incident termination, the Incident Commander of the escape attempt may provide assistance to any law enforcement agency that is conducting an investigation of the incident. Officers who are utilized to assist outside law enforcement agencies are authorized to use deadly force pursuant to Florida law.

c. Officers may provide assistance to any law enforcement agency that is seeking to capture or take into custody any inmate who has failed to return from a furlough or non-supervised outside assignment or who has escaped from any work release center. Officers who are utilized to assist outside law enforcement agencies are authorized to use deadly force pursuant to Florida law.

3. Escape attempts by inmates who are being transported or escorted outside institutional perimeters, e.g., court appearances, hearings, and medical visits, or while being supervised while in a hospital for treatment, are included within the purview of this subsection.

(e) Post-Firearm Discharge Protocol.

1. In addition to the any applicable post-use of force protocol set forth in subsection (9) of this rule, Department officers shall comply with the following protocol after a firearm is discharged:

a. Any officer who discharges a firearm shall complete a Use of Force Incident Report, Form DC6-210A. Form DC6-210A, Use of Force Incident Report is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-09005. The effective date of the form is 01/18.

b. Any officer who has fired a weapon during the performance of his or her duty shall, upon the conclusion of the event giving rise to the discharge of the firearm, immediately notify his or her supervisor.

c. The shift supervisor shall, immediately after learning of such an incident, have the scene secured and notify the Office of Inspector General.

d. The senior officer in charge at the scene of the incident shall ensure all evidence is undisturbed, including locations of empty cartridges, until processed by a law enforcement agency or the Office of Inspector General.

2. Any officer who accidently or negligently discharges any firearm upon the property of any institution shall immediately report the incident to the warden or designee and shall complete a Use of Force Incident Report, Form DC6-210A.

(8) Use of Force Considerations and Protocol Unique to Inmates in Mental Health Treatment Settings.

(a) It is often necessary to use force on inmates who are in the mental health treatment settings described in this subsection. While these situations present unique issues and challenges, they are subject to all the provisions of this rule unless otherwise stated in this subsection.

(b) Batons, chemical agents, EIDs, specialty impact munitions, and other authorized less-lethal weapons shall not be used on inmates who are housed in isolation management rooms or observation rooms for the purpose of mental health services, assigned to inpatient mental health care in an infirmary, transitional care unit, crisis stabilization unit, corrections mental health institution, or other mental health treatment facility, as such facilities are defined in Rule 33-404.103, F.A.C., except when force reasonably appears necessary to:

1. Prevent an inmate or inmates from taking control of the health unit,

2. Prevent an inmate or inmates from taking a hostage,

3. Prevent an inmate or inmates from escaping,

4. Prevent an imminent assault on staff or other inmates,

5. Stop an ongoing assault on staff or inmates,

6. Disarm an inmate in possession of a weapon capable of causing injury to staff,

7. Subdue a take-over of the health unit, or

8. Free a hostage.

(c) As to the objectives set forth in subparagraphs (8)(b)1.-4., force is necessary only where initiating or continuing non-force de-escalation of the situation by mental health staff would likely result in failure to achieve the objective.

(d) As to the objectives set forth in subparagraphs (8)(b)5.-8., force is necessary only where initiating or continuing non-force de-escalation of the situation by mental health staff would likely result in serious injury to the inmate on whom force would be used, any injury to any other person, or a breach of the Department’s duty to maintain the order, security, and proper functioning of the institutions.

(e) Use of Psychiatric Restraints.

1. Psychiatric restraints shall only be applied to inmates in an inpatient mental health level of care status when housed in an isolation management room.

2. The warden or designee may only authorize placing an inmate in psychiatric restraints after receiving an order and authorization from a qualified clinician. Authorization from the warden or designee shall be obtained prior to any inmate being placed in psychiatric restraints. Health services staff shall review the medical record of the inmate prior to advising the warden or designee of known medical conditions that would affect the health of the inmate should the inmate be placed in psychiatric restraints. There are some instances when an inmate must be placed in psychiatric restraints immediately after having chemical agents applied. In such situations, the inmate shall be monitored by health services staff without interruption. Medical attention shall be provided, upon detection of physical distress, without unnecessary delay. No inmate shall be restrained in a manner that restricts breathing.

3. When the use of psychiatric restraints is authorized, and the inmate does not offer resistance to the application of the restraints, the completion of Form DC6-210, Incident Report, shall be required. Form DC6-210, Incident Report, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01697. The effective date of the form is 12/12. The application of the psychiatric restraints will be videotaped. The videotape, Form DC6-210, a written use of force authorization, Form DC4-701C, Emergency Room Record, and Form DC4-708, Diagram of Injury, shall be completed in their entirety with applicable data or the letters “N/A” used to indicate inapplicability and shall be forwarded to the warden or acting warden for review within one working day. Form DC4-701C, Emergency Room Record, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01695. The effective date of the form is 12/12. Form DC4-708, Diagram of Injury, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01696. The effective date of the form is 10/07. Each institution shall retain all videotape and documents for the applicable retention period. If at any time prior to or during the application of the psychiatric restraints the inmate offers resistance to the application, force shall be used if necessary and justified.

(9) Post-Use of Force Protocol.

(a) Reporting.

1. The warden or designee shall be notified immediately of the use of reactionary use of force upon the conclusion of the event giving rise to the use of a reactionary use of force incident.

2. Any time force is used, the staff member initially using force shall complete a Report of Force Used, Form DC6-230. The completed report must contain a clear and comprehensive narrative of the circumstances that led to the use of force, the specific justification and necessity for the use of force, and a description of the actual events that occurred as well as the post-event actions. If more than one staff member was involved in the use of force, the initial staff member using force shall complete the Report of Force Used, Form DC6-230. All participants who agree with the initial staff member shall sign the Report of Force Used, Form DC6-230. Any participant who objects to information recorded by the reporting staff member or who has additional observations to add to the narrative or description of the incident written by the reporting staff member shall complete a separate Report of Force Used, Form DC6-230 and attach it to the Report of Force Used, Form DC6-230 completed by the staff member initially using force. To provide additional detail, each participant in the use of force shall also complete their own Use of Force Incident Report, Form DC6-210A, and each such report shall be attached to the Report of Force Used, Form DC6-230 that was written by the person initially using force. However, if a participant writes his or her own Report of Force Used, Form DC6-230, his or her Use of Force Incident Report, Form DC6-210A, shall be attached to their own Report of Force Used, Form DC6-230. All Report of Force Used, Form DC6-230, and Use of Force Incident Report, Form DC6-210A, shall be placed together in one folder or binder.

3. A Report of Force Used, Form DC6-230, shall be completed by all staff involved in any use of force, reactionary or organized, that occurred during their shift. The Report of Force Used, Form DC6-230, shall be completed no later than the end of the shift during which the use of force occurred, or within 24 hours of the use of force incident if completion of the form is not possible during their shift. All reports must be typed. No Report of Force Used, Form DC6-230, may be altered, changed, or destroyed by any employee. However, staff members may submit amendments to a report at any time with authorization from the warden or designee. In such situations, the original report itself shall remain intact and shall remain as part of the file; an amendment, a separate document, shall be added to the file. The warden or designee shall appoint a staff member of equal or higher rank than those involved in the use of force incident to collect all pertinent information and required documentation. This information shall include the reports of all involved staff who do not agree with the account as reported in the Report of Force Used, Form DC6-230, or the statements of staff witnesses, inmate witnesses, or the inmate subject. Any employee who witnesses but does not participate in a use of force and suspects inappropriate action shall complete a Use of Force Incident Report, Form DC6-210A, documenting their observations and/or attempts to intervene. The warden shall ensure that Form DC4-701C, Emergency Room Record, Form DC4-708, Diagram of Injury, and all associated video recordings capturing the use of force incident, including all fixed camera recordings that captured the incident and subsequent inmate escort until the handheld camera is activated, are included in the review of all uses of force and are forwarded with the rest of the required documentation to the Office of the Inspector General – Use of Force Unit. The Office of Inspector General shall provide the institution with a use of force number once one is assigned and entered into the Office of Inspector General case management system.

4. Form DC6-112C, Witness Statement, shall be completed by the inmate whom force was used upon during the shift immediately following the shift during which the use of force incident occurred. Form DC6-112C is incorporated by reference in Rule 33-601.313, F.A.C. This statement shall be obtained by a staff member of the rank of lieutenant or higher who was not involved in the use of force or assigned to the shift on which the use of force occurred. If the inmate refuses to sign the statement, the inmate’s refusal shall be witnessed by two staff members. In instances where the force occurred outside of controlled conditions, the uninvolved staff member assigned to obtain witness statements shall interview a random sample of the inmate witnesses and provide them with the opportunity to submit a written statement on Form DC6-112C.

5. Any accidental or incidental discharge of a chemical agent by a staff member within any institution shall be recorded in a Use of Force Incident Report, Form DC6-210A.

6. The application of force by an EID or less-lethal weapon shall be reported by completion of a Report of Force Used, Form DC6-230, by the staff member who deployed the device. All use of force incidents involving a DFEID must include the following:

a. Results of the deployment, to include all injuries or the absence of injuries,

b. The serial number of the DFEID, and

c. The serial number of the DFEID cartridge.

7. In any case where specialty impact munitions are deployed, the incident shall be recorded on a Report of Force Used, Form DC6-230.

8. Any time a witness of a reported use of force chooses to make a written statement, or is a use of force participating staff member and chooses to provide information not included in the reporting staff member’s initial Report of Force Used, Form DC6-230, such person shall complete a Report of Force Used, Form DC6-230, of their own. No employee may interfere with or obstruct such reporting or order any participant or witness involved in the use of force to alter, change, or not produce a written report of an incident in which the employee was involved or which he or she observed.

9. No employee shall commit a battery on or engage in cruel or inhumane treatment of any inmate. Any employee who witnesses, has reasonable cause to suspect, or has knowledge that any inmate has been a victim or subject of an unlawful battery or has been abused in violation of law or the Department’s administrative rules shall immediately submit a Use of Force Incident Report, Form DC6-210A, to the warden or designee describing his or her observations, knowledge, or suspicion. The warden or designee shall forward a copy of all reports involving allegations of inmate abuse, neglect, or battery to the Office of Inspector General without unnecessary delay.

10. Staff members may use reasonable hands-on force to restrain an inmate, under supervision and direction of a qualified health care provider, for the purpose of providing necessary and lawful treatment to protect the health of others or to satisfy a duty to protect an inmate against self-injury or death. The attending qualified health care provider who directs or observes medically necessary use of force shall prepare a written authorization to use force. Staff members who use force pursuant to the request of a qualified health care provider shall prepare a Report of Force Used, Form DC6-230, and a Use of Force Incident Report, Form DC6-210A, when actual force is used, or an Incident Report, Form DC6-210, when restraints are applied with no physical resistance by the inmate. The reports shall be forwarded to the warden immediately upon the conclusion of the incident giving rise for the use of force.

11. Any application of chemical agents within an institution shall be documented in a Report of Force Used, Form DC6-230. Any staff member who uses chemical agents shall record the following in the Report of Force Used, Form DC6-230:

a. Type of agent discharged,

b. Amount of agent discharged,

c. Method of administration,

d. Name of the person who authorized issuance or possession of the chemical agent,

e. Name of person who administered the chemical agent,

f. Amount of the chemical agent used; and,

g. Reason the chemical agent was used.

(b) Decontamination and Monitoring After Chemical Agent Exposure.

1. Inmates who have been exposed to any chemical agent shall be constantly monitored by a staff member or officer for no less than one (1) hour after application. The affected inmate shall remain in a standing or sitting position. The monitoring staff member or officer shall immediately seek medical attention from the appropriate medical staff any time signs of respiratory distress, labored breathing, excessive or persistent coughing, or chest or arm pain are evident, if unconsciousness occurs, or other signs of medical distress are observed. The absence of medical staff on scene does not preclude taking action as an emergency responder. The shift supervisor shall summon a medical staff member to the physical location of an inmate who has been exposed to a chemical agent.

2. All inmates exposed to chemical agents shall be ordered to shower in cool water and change inner and outer garments within twenty (20) minutes from the last application of chemical agents, unless there is a documentable emergency resulting in an extension of this time frame. The shift supervisor or confinement lieutenant shall record the decontamination activities in a Use of Force Incident Report, Form DC6-210A, and on Form DC6-229, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

3. The shift supervisor shall order the inmate to submit to cuffing procedures in order to exit his or her cell for a shower and decontamination of the cell. If at any time an inmate complies with orders to submit to a shower and decontamination procedures, then normal cuffing and escort procedures shall be followed and documented. Any portion of the inmate’s body, including the eyes, that was exposed to, or that came in contact with, chemical agents, shall be flushed with water as soon as possible after application for two (2) minutes or until the affected inmate experiences relief, whichever is longer. The inmate shall be advised by the officer in charge to avoid rubbing any irritated area with a cloth or towel. Under no circumstances will oils, creams, or topical medications be applied to the inmate without approval of a member of the medical services staff.

4. Inmates are not allowed to refuse a shower or refuse the decontamination of their cell after exposure to chemical agents. If the affected inmate refuses to participate in a decontamination shower, a second order shall be given by the shift supervisor. The shift supervisor shall record in a Use of Force Incident Report, Form DC6-210A, that a second order was given and the inmate refused to comply. The shift supervisor shall submit Form DC6-112F, Disciplinary Report Worksheet, for processing. Form DC6-112F is incorporated by reference in Rule 33-601.313, F.A.C.

5. Any time an inmate refuses to take a shower after an application of chemical agents, medical staff shall report cell-front and explain in a clear and audible tone the purpose of a decontamination shower and potential physical implications of not completing decontamination. Medical staff members shall record notes of any decontamination consultation on Form DC4-701C, Emergency Room Record.

6. After the second refusal by the inmate, the shift supervisor shall contact the warden or designee for authorization to initiate cell extraction procedures. Upon approval by the warden or designee, the shift supervisor shall instruct the cell extraction team to enter the cell and place the inmate in restraints.

7. At least two (2) team members of the same sex as the inmate will maintain custodial grasp control of the inmate and physically guide the inmate to the shower to ensure that he or she remains under cool running water for no less than two (2) minutes. Any portion of the inmate’s body exposed to, or that came into contact with, chemical agents, including the eyes, shall be flushed with water as soon as possible after application. Staff shall not inhibit the ability of the inmate to move his or her head from under the water. The inmate should be advised by the officer in charge to avoid rubbing any irritated area with a cloth or towel. Caution shall be exercised to prevent injury to both staff and inmate. During the shower, all contaminated clothing with the exception of undergarments shall be removed, and the cell shall be decontaminated and searched for contraband.

8. Upon introduction into a decontamination cell, the inmate who refused or obstructed efforts to participate in a decontamination shower shall be placed in a sitting or standing position for a minimum of sixty (60) minutes after the use of chemical agents, including any inmate who must be physically held or is incapacitated, to permit officers to place approved restraining devices on the inmate.

9. Officers shall use all reasonable and due care to avoid physically placing the inmate in any position that may contribute to positional asphyxia, restricted blood circulation, or interference with physical functions that permit life processes to occur, or in any position that causes any physical injury. Restraints shall not be applied in any manner for the purpose of administration of punishment. The inmate shall not be directed, ordered, or required to stand or sit uninterrupted if such action is intended for reasons of punishment or is likely to cause injury.

10. Any uninvolved inmate within the same cell shall also be offered shower and decontamination procedures.

11. All reports, medical requirements, and reviews required for the use of chemical agents as outlined in this rule shall be completed after the use of the PLS.

(c) Medical Attention Following Use of Force.

1. Medical Attention for Inmates Following Use of Force.

a. When an officer knows or it is otherwise evident that an inmate is injured or requires medical attention following a use of force, the officer must administer first aid or seek medical assistance, provided doing so is reasonable based on a totality of the circumstances and can be accomplished without jeopardizing the officer’s own health or safety.

b. Appropriate medical treatment shall be provided immediately or, in the case of a riot or other man-made or natural disaster, as soon as possible following resolution of the riot or disaster. Any treatment or follow-up action shall be documented in the Report of Force Used, Form DC6-230. A qualified health care provider shall examine any person physically involved in a use of force to determine the extent of injury, if any, and shall prepare a report that shall include a statement of whether further examination by a physician is necessary. Any noticeable physical injury shall be examined by a physician, and the physician shall prepare a report documenting the extent of the injury and the treatment prescribed. Such report shall be completed within one (1) business day of the incident and shall be submitted to the warden for initial review. The qualified health care provider and physician shall use Form DC4-701C, Emergency Room Record, to document an examination following use of force. Form DC4-708, Diagram of Injury, shall be used along with Form DC4-701C to document observed or known physical injuries. A copy of the reports, including referenced forms, shall be attached to the Report of Force Used, Form DC6-230. The original reports shall be filed in the inmate’s medical record.

c. After any use of force, a clinician shall complete Form DC4-701C, Emergency Room Record, and Form DC4-708, Diagram of Injury, with applicable data or the letters “N/A” used to indicate inapplicability. The attending physician or medical practitioner shall document the presence or absence of any injury in his or her records whenever force has been applied. Every physical examination of an inmate patient who has been the subject of an application of force shall be documented with specificity by the attending physician or medical practitioner to include extent of injury, type of injury, and a description of any injury. Any time a clinician reports reasonable suspicion of abuse of an inmate to the warden or the Office of Inspector General, it shall be recorded in the Use of Force Incident Report, Form DC6-210A.

d. Upon being summoned by a shift supervisor to the location of the inmate after a use of force, health services staff shall conduct an examination of the inmate after the decontamination process is completed. Health services staff or the ranking officer present shall ensure that any inmate who has a history of experiencing or who exhibits symptoms of physical distress as a result of chemical agent exposure is immediately provided all necessary medical attention. Health services staff shall record any observations and medical actions taken on Form DC4-701C, Emergency Room Record, and Form DC4-708, Diagram of Injury, including the presence or non-presence of injury.

e. Post DFEID Deployment.

(I) Officers shall not remove DFEID probes from an inmate or other person. Observing universal precautions, DFEID probes shall be removed by medical personnel only.

(II) DFEID probes that have been removed from an inmate or other person shall be handled as biohazard waste and disposed of accordingly.

(III) Medical personnel shall visually examine the inmate to determine the presence or absence of an injury.

(IV) The shift supervisor shall ensure that photographs are taken of the inmate’s body where the probes impacted the skin, which shall be attached to the Report of Force Used, Form DC6-230, prepared by the staff member who initiated the use of force.

(V) The shift supervisor shall ensure that the expended cartridge is returned to the arsenal for accountability and disposal.

f. In addition to completing a medical examination of any inmate who is exposed to chemical agents or EIDs, the clinician shall make a mental health referral for any inmate classified as “S-2” or “S-3” on Form DC4-529, Staff Request/Referral, and forward it immediately so that a mental health evaluation can be conducted on the inmate. Form DC4-529, Staff Request/Referral, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01692. The effective date of the form is 12/12. Mental health staff shall evaluate the inmate no later than the next business day. The clinician who conducts the evaluation shall recommend to the shift supervisor those measures that he or she believes are necessary for the safety of the inmate, including placement in isolation management, a transitional care unit, or crisis stabilization as those placements are defined in Rule 33-404.103, F.A.C.

g. In the event an inmate is sent to an outside hospital for evaluation of any medical issue within 24-hours following a use of force involving the inmate, health services staff shall notify the shift supervisor of the circumstances necessitating transport. The shift supervisor shall immediately notify the Warden or designee of the transport. The Warden or designee shall be responsible for notifying the district supervisor (during normal business hours) or the on-call supervisor (after business hours) of the Office of the Inspector General. The outside hospital records shall be included in the documentation provided to the Office of the Inspector General – Use of Force Unit.

2. Medical Attention for Department Staff Members Following Use of Force.

a. Any employee who participates in a reactionary or organized use of force and receives or experiences any injury shall report such injury to the officer in charge. Injured staff shall be offered an opportunity to receive a medical examination by health services staff.

b. Should the employee decline a post-use of force medical examination, he or she shall sign Form DC4-711A, Refusal of Health Care Services, indicating an examination was offered but declined. In those cases where an injury is claimed but not substantiated by medical examination, the statement by the medical provider shall indicate this, and the documentation shall be sufficient to support that no injury was found upon examination. Form DC4-711A is incorporated by reference in Rule 33-401.105, F.A.C.

3. Medical services staff members shall record all observations and recommendations on the following forms:

a. Form DC4-701C, Emergency Room Record.

b. Form DC4-708, Diagram of Injury.

c. Form DC4-701, Chronological Record of Health Care. Form DC4-701, Chronological Record of Health Care, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01694. The effective date of the form is 4/8/10.

(10) Review Requirements.

(a) The warden or designee shall conduct a preliminary review of facts recorded in reports to determine if the application or demonstration of force was lawful and procedurally appropriate. All use of force incidents will be reviewed by a designee of the rank of Correctional Officer Major or above and shall include a review of all videotapes of the incident. It shall be noted in a memorandum to the inspector with the Office of Inspector General if any video recording is poor quality. The warden shall ensure that any designee that reviews any use of force incident conducts the review in a comprehensive manner and that, in addition to procedural concerns, the force used was authorized and appropriate in accordance with this rule. Any time improperly applied or unlawful use of force is indicated in a report, the warden shall personally review the incident. The warden shall personally review the reports and all videotapes of any use of force incident that results in outside medical treatment for the involved inmate; this includes transfers to another institution specifically for medical treatment. The warden shall consult with the Health Service Administrator or other medical personnel as appropriate regarding the nature of the injuries and required treatment determined to be necessary by the outside medical entity and incorporate this information into the documentation forwarded to the Office of the Inspector General – Use of Force Unit and the determination of whether the force used was authorized and appropriate in accordance with this rule.

(b) If during any part of the review process there is any indication that a use of force was not authorized or appropriate in accordance with this rule, the reviewer will notify the warden, who shall conduct a personal review of all pertinent information, reports, documentation, and videotapes and notify the Office of the Inspector General – Use of Force Unit in Central Office within one business day.

(c) The warden or designee shall review the information and note any inappropriate actions in a memorandum and attach the information to the Report of Force Used, Form DC6-230. The warden or designee’s signature in the Warden’s Review signature block on the Report of Force Used, Form DC6-230, indicates that the review of the reports, and videotapes as required, did or did not reveal, in addition to procedural concerns, any indication that a use of force was not authorized or appropriate in accordance with this rule. All videotape recordings of force applications and the original and one copy of the Report of Force Used, Form DC6-230, shall be forwarded to the Office of Inspector General within eleven (11) business days. Requests for extensions for submitting the Report of Force Used, Form DC6-230, after eleven (11) days shall require authorization from their regional director and the Inspector General or designee. Requests for extensions for submitting the Report of Force Used, Form DC6-230, beyond eleven (11) days may be granted if required staff is unavailable for signatures due to extended leave or similar circumstances, e.g., a staff member was injured in the use of force, or if major incidents occurring at the institution necessitate an extension, e.g., a riot or other major disturbance, natural disaster evacuation.

(d) The warden shall keep all original completed forms and a copy of all Report of Force Used, Form DC6-230, until notified that the final review by the Office of Inspector General is complete. Once the final review is complete, all original reports pertaining to a use of force shall be retained by the warden or designee for the applicable retention period.

(e) The Office of Inspector General shall report a disposition to the warden of any use of force within fourteen (14) business days of receipt. The warden shall be noticed of any extension to the review granted by the Inspector General or designee prior to the expiration of the fourteen (14) business days. The Inspector General or designee shall notify the warden either that a case has been reviewed and the use of force was in compliance or not in compliance or a further review has commenced.

(f) Upon review of the submitted documents, the Office of Inspector General shall notify the warden in writing or by electronic mail of its findings. The Office of the Inspector General shall evaluate the use of force to determine if the type and amount of force used was in accordance with the law, rule, or procedure, and whether any procedural violations are noted. All video recordings submitted with a Report of Force Used, Form DC6-230, shall be retained and maintained by the Office of Inspector General in accordance with public records retention law. The Office of Inspector General shall deem the use of force in compliance or not in compliance with law, rule, or procedure. The Office of the Inspector General shall notify the regional director and warden any time a reasonable suspicion or probable cause is found that the force administered by a staff member was not in compliance with law, rule, or procedure. The warden shall complete Form DC6-296, Non-Compliant Use of Force/Warden Disposition Report, should the review of referred cases lead to a determination that a procedural violation occurred. All disciplinary actions shall be forwarded to the Human Resources Section upon completion. Form DC6-296, Non-Compliant Use of Force/Warden Disposition Report, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-12231. The effective date of the form is 10/20.

(g) The Assistant Deputy Secretary of Institutions, regional director, or warden shall be responsible for issuing any corrective action pursuant to a finding of non-compliance with this rule. Copies of the employee’s report, the warden’s summary, and the Office of Inspector General review and determination shall be kept in the inmate’s file pursuant to public records retention law. The Department shall maintain an electronic database of all use of force incidents that is searchable by officer name.

(h) The Office of Inspector General shall provide written notification to the warden of any staff member involved in three or more reactionary use of force incidents in a six-month period. The warden shall provide the following information on the document received from the Office of Inspector General and forward it to the appropriate regional director:

1. The number of reactionary uses of force involving chemical agents during this period,

2. The number of other reactionary uses of force during this period, and

3. Whether the staff member in question was reassigned because of the Office of Inspector General’s written notification.

(i) The regional director shall review the information provided by the warden and note whether he or she agrees with the determination to reassign the employee in question. The regional director shall forward the written notification to the Assistant Deputy Secretary of Institutions.

(j) The Office of the Inspector General shall notify the warden of any staff member involved in eight or more organized use of force incidents in an eighteen-month period. This notification will be for informational purposes only, and will not require any further action.

(k) Any incident that necessitates the drafting of a Report of Force Used, Form DC6-230, shall be submitted to the Emergency Action Center.

(11) Chemical Agents – Issuance, Storage, and Handling.

(a) Chemical agents shall be stored in the designated main arsenal in a secure manner. The warden shall authorize and designate secure locations where chemical agents shall be stored that are accessible only to officers.

(b) Chemical agents assigned to an institution may not be removed from the institution at any time without authorization from the warden or designee.

(c) Except in cases where an institution is equipped with an automated chemical agent canister dispensing machine, all chemical agent dispensers shall be numbered and recorded on Form DC6-216, Chemical Agent Accountability Log. Form DC6-216, Chemical Agent Accountability Log, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02950. The effective date of the form is 8/13. Form DC6-216 shall be maintained in any location where chemical agents are stored. Chemical agent dispensers shall be weighed prior to issuance and upon return to storage. For institutions equipped with an automated chemical agent canister dispensing machine, the arsenal sergeant will complete a DC6-216 indicating the initial weight of all canisters being placed in the machine and to document weights when removed permanently from the machine. Daily issuance and return will be documented via a report from the automated system.

(d) Only officers and staff who have successfully completed the Department-approved training in the use of chemical agents, in possession of a current and valid certification of such completion, and assigned to institutions and work camps shall be issued an approved OC dispenser to carry while on duty. The warden is authorized to exempt an officer from carrying, possessing, or using chemical agents. Officers assigned to armed perimeter posts may be exempted from the requirement to carry OC by the warden or designee.

(e) An MK-9 sized canister or equivalent OC dispenser shall be issued to officers who have successfully completed Department-approved training, are in possession of a current and valid certification of same, and who are assigned to internal security posts, recreation fields, shift supervisor posts, or designated as special response team members within an institution, including work camps. These officers are authorized to administer chemical agents during reactionary disturbance incidents that involve multiple inmates in locations where multiple inmates are generally present, such as open bay dorms, dining halls, recreation fields, canteens, and meal lines. This option shall only be exercised in response to mass disturbance critical incidents and as necessary to restore control, stability, or institutional order and shall normally not be used indoors.

(f) For those security positions assigned to housing units with a secure officer’s station, an MK-4 sized canister or equivalent OC dispenser will be passed on from shift to shift and accounted for on Form DC6-209, Housing Unit Log, at the beginning of each shift with an entry for each canister indicated by canister number and officer initials who is assigned that canister. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C. Canisters that are not being worn by staff on shifts that have fewer assigned staff will remain in the officer station, stored in a secure, locked cabinet or drawer designated for this purpose. The number of chemical agent canisters assigned to a housing unit shall not exceed the maximum number of staff (officer and sergeant) assigned for the highest staffed shift per the institutional post chart. Any evidence of tampering, broken or missing seal, or signs that the canister is not functional will be immediately reported to the shift officer in charge. Additionally, a Use of Force Incident Report, Form DC6-210A, will be completed by the end of the officer’s shift and a replacement of the canister will occur. The canisters will be inventoried and inspected once per week by the arsenal sergeant with appropriate entry placed on the Housing Unit Log, Form DC6-209.

(g) For those staff assigned to internal security and designated A-Team members, exchange of approved canisters shall occur on the compound, with the canister number and confirmation of seal status and condition of canister called into the control room and notation made on the DC6-281, Control Room Security Equipment/Weapons Check Out/In Log. Form DC6-281, Control Room Security Equipment/Weapons Check Out/In Log, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, FL 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14050. The effective date of the form is 03/22. The canisters will be inventoried and inspected once per week by the arsenal sergeant with appropriate entry placed on the Control Room Log.

(h) For those staff assigned to food service, wellness, gate areas, program areas, and other compound posts that are not manned on a 24-hour basis, the staff assigned to the daylight shift shall pick up their canisters at the control room immediately prior to proceeding to their assigned post. The exchange of canisters for their reliefs shall occur on the compound, with the canister number and confirmation of seal status and condition of canister called into the Control Room and notation made on Form DC6-281, Control Room Security Equipment/Weapons Check Out/In Log. The canisters will be inventoried and inspected once per week by the arsenal sergeant with appropriate entry placed on the Control Room Log.

(i) Chemical agent dispensers shall be securely encased and attached to the officer’s belt. Each chemical agent dispenser shall be secured within a pouch or to a holstering device by a numbered, breakable seal. Officers shall examine the condition of the canister and the safety seal at the time of receiving or being issued any chemical dispenser to ensure that the canister is not damaged and that the seal is intact and shall report any alteration or broken seal to the shift supervisor.

(j) At designated institutions utilizing an authorized automated chemical agent canister dispensing machine, select chemical agent dispensers shall have a numbered, breakable seal applied directly to the canister’s plunger housing. The seal will be applied in such a way as to prevent dispensing chemical agents from the canister without first breaking the numbered seal. Only officers and staff, as provided in paragraph (11)(d), are approved to access an authorized chemical agent canister dispensing machine. These chemical agent canisters shall be securely encased and attached to the officer’s belt. Officers shall examine the condition of the canister and the safety seal at the time of receiving any chemical dispenser from the automated chemical agent canister dispensing machine to ensure that the canister is not damaged and that the seal is intact and shall report any alteration or broken seal to the shift supervisor.

(k) Shift supervisors shall examine the seal of any chemical dispenser reported to be altered, broken, or manipulated and upon confirmation of alteration, breakage, or manipulation shall report the observation on a Use of Force Incident Report, Form DC6-210A. The sergeant in charge of the arsenal shall maintain a master inventory of all individual chemical agent dispensers in storage. The master inventory shall indicate the weight of each dispenser at the time the original seal is attached and shall note the weight of the dispenser any time a dispenser is returned with a broken seal on Form DC6-216, Chemical Agent Accountability Log, and replace the seal or attach a new one. Where an automated chemical agent canister dispensing machine is utilized, a report upon the return of the canister will be generated when a weight changes. The arsenal sergeant shall report any discrepancies in the weight of the dispenser to the chief of security and complete a Use of Force Incident Report, Form DC6-210A.

(l) The shift supervisor shall verify the weight of chemical agent dispensers after any use of the dispenser upon return to storage. Additionally, the shift supervisor shall ensure all issued chemical agent dispensers are accounted for and recorded on Form DC6-216, Chemical Agent Accountability Log or an automated report from the canister dispensing machine. The chief of security shall monitor the canister weights following each use of chemical agents to ensure the contents are consistent after a reported use of force and recorded on Form DC6-216 or an automated report from the canister dispensing machine.

(m) Each assigned PLS system shall be numbered, maintained, and inventoried by the shift supervisor or designee on Form DC6-216, Chemical Agent Accountability Log.

(12) Less-Lethal Weapons – Issuance, Storage, and Handling.

(a) Handheld EIDs shall be issued to unarmed officers on any inmate transport or any outside hospital visit where firearms are issued. The chief of security or, in his or her absence, the shift supervisor shall determine the number of officers who will be issued firearms and EIDs during the transportation or movement of inmates.

(b) EIDs and other less-lethal weapons shall be stored and maintained in either the main arsenal or the control room mini-arsenal. The warden may authorize, in writing, the storage of one handheld unit and one shield in the confinement unit or close management unit. All EIDs or less-lethal weapons shall be secured in a locked cabinet when not in use. The arsenal sergeant shall be responsible for the proper documentation of the maintenance, storage, and issue of EIDs and less-lethal weapons.

(c) All EIDs and other less-lethal weapons shall be accounted for in the same manner as firearms.

(d) There shall be no attempt to alter, tamper with, or repair any EID or less-lethal weapon. Devices shall be sent to an authorized repair station if a malfunction occurs or repair is necessary. Any EID or less-lethal weapon that is dropped or is subject to possible damage shall be immediately tested to determine if it is safe and properly functioning.

(e) EIDs shall not be used after the application of any chemical agents.

(f) DFEIDs shall only be issued to officers assigned to security posts as designated by the Department.

(g) The issuance and return of DFEIDs shall be documented on Form DC6-281, Control Room Security Equipment/Weapons Check Out/In Log, and shall be documented separately from all other security equipment.

(h) DFEIDs and associated body cameras shall be paired and issued as a set. Officers shall at no time possess a DFEID without a paired body camera. Operating a DFEID without a paired body camera is strictly prohibited and may result in disciplinary action.

(i) All trained officers who are issued a DFEID shall carry it while on-duty. The DFEID shall be secured in the appropriate holster and worn on the officer’s duty belt.

(j) Storage of Specialty Impact Munitions.

1. Specialty impact munitions shall be stored and maintained in the main arsenal.

2. Specialty impact munitions shall not be mixed with lethal munitions. Weapons designated to deploy specialty impact munitions shall be marked in a manner to alert staff of their intended use.

3. All specialty impact munitions shall be accounted for in the same manner as firearms and ammunition.

(k) No weapon shall be issued for any purpose other than the authorized use of force or to a certified training officer for the purpose of approved training without prior written authorization from the warden or designee.

Rulemaking Authority 944.09 FS. Law Implemented 776.012, 776.06, 776.07, 843.04, 943.1717, 943.1735, 944.09, 944.35, 945.025, 945.04, 957.05 FS. History–New 4-8-81, Amended 10-10-83, 9-28-85, Formerly 33-3.066, Amended 3-26-86, 11-21-86, 4-21-93, 7-26-93, 11-2-94, 2-12-97, 11-8-98, Formerly 33-3.0066, Amended 10-6-99, 2-7-00, 7-25-02, 8-25-03, 2-25-04, 11-7-04, 4-17-05, 8-1-05, 3-2-06, 9-18-06, 10-4-07, 3-3-08, 8-4-08, 1-6-09, 5-26-09, 4-8-10, 9-13-10, 3-22-11, 12-16-12, 8-11-13, 11-5-13, 1-10-18, 10-28-20, 3-1-22.

33-602.211 Restraint of Pregnant Inmates.

(1) Definitions.

(a) Extraordinary circumstance: means that the inmate poses a substantial flight risk or that there is some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the prisoner, the staff of the correctional institution or medical facility, other prisoners, or the public.

(b) Restraints: refers to any physical restraint or mechanical device used to control the movement of a prisoner’s body or limbs, including, but not limited to, flex cuffs, soft restraints, hard metal handcuffs, a black box, chubb cuffs, leg irons, belly chains, a security or tether chain, or a convex shield.

(c) Senior correctional officer: refers to a staff member with the rank of correctional officer lieutenant or above.

(d) Third trimester: refers, for the purposes of this rule, to the period of time from the start of the 28th week of pregnancy.

(2) Prior to the start of a pregnant inmate’s labor, the correctional officer chief will individually evaluate each pregnant inmate to determine if the inmate presents a documentable extraordinary circumstance requiring the use of restraints during labor, delivery or postpartum recovery. If the correctional officer chief determines that extraordinary circumstances exist, the circumstances and the specific restraints recommended will be documented on Form DC6-210, Incident Report. The report will be forwarded to the warden. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(3) The warden will make the final determination of whether an extraordinary circumstance exists, noting the approval or disapproval of the specific restraints recommended by the correctional officer chief. A copy of the finalized incident report will be placed in the inmate’s file.

(4) Any restraint of a pregnant prisoner must be done in the least restrictive manner necessary in order to mitigate the possibility of adverse clinical consequences. Treating physicians may request that restraints not be used for documentable medical purposes; however, if the correctional officer, correctional institution employee, or other officer accompanying the pregnant prisoner determines that there is an extraordinary safety risk, the officer is authorized to apply restraints in the least restrictive manner necessary and in compliance with the restrictions set forth below.

(5) Unless there is a documentable extraordinary circumstance:

(a) Pregnant inmates will not be restrained with their hands behind their back nor will leg irons be utilized due to the possibility of a fall.

(b) Leg, ankle and waist restraints will not be used during the third trimester.

(6) When restraints are authorized as described herein, inmates will remain restrained during transport and at the medical facility unless removal of the restraints is required for medical reasons and then, except for emergency situations, only after the shift supervisor has been apprised of the situation and has given her/his approval to remove the restraints.

(7) Unarmed escort officers will maintain close supervision of pregnant inmates providing a custodial touch with the hand firmly grasped around the inmate’s triceps or elbow when necessary to prevent falls.

(8) Pregnant inmates will not be restrained in any manner during labor, delivery, or postpartum recovery unless the warden makes an individualized determination that the prisoner presents an extraordinary circumstance. However, under no circumstances shall leg, ankle, or waist restraints be used on any prisoner who is in labor or delivery, as provided in Section 944.241(3), F.S.

(9) Staff utilizing restraints on a compliant pregnant inmate under extraordinary circumstances during labor, delivery, or postpartum recovery will document the application of restraints in the inmate’s file on Form DC6-210, Incident Report. If the inmate is noncompliant, the use of restraints will be documented on a Report of Force Used, Form DC6-230. In either case, such documentation shall be prepared within 10 days. Form DC6-230 is incorporated by reference in Rule 33-602.210, F.A.C.

(10) Miscellaneous.

(a) When a pregnant inmate is placed in Medical Isolation, a Medical Housing Unit, or the Infirmary, to protect the health and safety of the pregnant inmate or others, or to preserve the security and order of the institution, the senior correctional officer or above must make a report utilizing Form DC6-1016, Report of Placement in Restrictive Housing for Pregnant Inmates (MEDICAL), clearly stating the following:

1. The individualized reason restrictive housing is necessary;

2. The reason less restrictive means are not available; and,

3. Whether a qualified healthcare professional at the correctional institution objects to the placement.

A copy of the report must be provided to the pregnant prisoner within 12 hours after placement in a Medical Isolation, a Medical Housing Unit, or the Infirmary. Form DC6-1016 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, https://www.flrules.org/Gateway/reference.asp?No=Ref-13179. The effective date of the form is 06/21.

Rulemaking Authority 944.09, 944.241 FS. Law Implemented 944.241 FS. History–New 9-24-12, Amended 1-10-18, 6-1-21.

33-602.212 Escort Chair.

(1) Definitions.

(a) Emergency Action Center – The unit located in the Central Office charged with receiving reports regarding serious incidents, such as riots and escapes, from all Department of Corrections’ (Department) facilities and reporting the information to the proper authorities. This unit also receives requests for criminal histories, warrant confirmations, and offender location requests from law enforcement agencies throughout the United States.

(b) Escort Chair – A manufactured chair with wheels that the Secretary authorizes that is used to escort inmates under specific circumstances. The chair allows the inmate to be restrained at the ankles, waist and shoulders with secure straps.

(c) Spit Net/Shield – A material or device used to cover the facial area of an inmate to prevent the spitting or expelling of bodily fluids onto other people.

(d) Use of Force – The physical force used on an inmate only when and to the degree that reasonably appears necessary to control the inmate’s behavior.

(2) The escort chair shall only be used under the following circumstances:

(a) The inmate is housed in one of the following statuses:

1. Close management,

2. Confinement (administrative or disciplinary),

3. Death row,

4. Maximum management,

5. Mental health status (crisis stabilization unit, transitional care unit, self-harm observation status, etc.); and,

(b) The inmate needs to be transported within the secure compound from one location to another location for a documentable reason such as, but not limited to, a callout (which is an appointment system for inmates to handle business that is not a part of their typical routine), appointment, or treatment; and,

(c) The inmate presents an imminent danger of physical harm or injury to himself or others or has a prior history of self-injurious behavior, assaultive behavior or violent behavior or has a prior history of uncooperative or combative behavior during escorts; and/or

(d) The inmate is being escorted to the medical unit for pre-confinement physical and additional force is used on the inmate.

(3) Security staff, upon receiving approval in accordance with subsection (4) of this rule, are authorized to escort inmates meeting the criteria listed in subsection (2) of this rule, in an escort chair.

(a) The escort chair shall not be used in such a manner as to cause physical injury to an inmate, as a form of physical punishment, or in lieu of psychiatric restraints.

(b) An inmate shall not be deprived of food, water or use of the restroom facilities for an unreasonable period of time while in the escort chair.

(c) The escort chair will be used for escort purposes only. The use of the escort chair to either punish or retaliate against an inmate is strictly prohibited.

(d) Inmates shall not be utilized to push the escort chair.

(e) Escort chairs shall not be placed in vehicles when inmates are restrained in the escort chairs.

(f) The inmate shall be removed from the chair upon arrival at the destination and returned to the chair for the return escort. No inmate shall be placed in the escort chair for longer than it takes for such inmate to be taken directly to his or her destination.

(g) If the inmate does not offer resistance to placement into the escort chair, no Report of Force Used, Form DC6-230 shall be completed. If at any time the inmate offers resistance, proceeding to place the inmate into the escort chair shall constitute a physical use of force, which shall be conducted pursuant to Rule 33-602.210, F.A.C.

(h) The placement into the escort chair and application of the restraints shall be videotaped and Form DC6-210, Incident Report, shall be completed. The videotape and the completed Form DC6-210 shall be forwarded to the Warden or the Duty Warden for review within one working day. Form DC6-210, Incident Report, is incorporated by reference in Rule 33-602.210, F.A.C.

(i) The Warden or the Duty Warden shall forward any instances where he or she is concerned the rules related to escort chair use were not complied with to the Office of the Inspector General.

(4) In all instances, the Warden or Duty Warden shall be contacted by the Shift Supervisor and shall give his permission prior to use of the escort chair. The Shift Supervisor shall provide the Warden or Duty Warden the rationale for using the escort chair and document it on Form DC6-2068, Escort Chair Inmate Observation Log. Form DC6-2068 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02953. The effective date of the form is 8-13.

(5) In all instances, the medical department shall be contacted by the Shift Supervisor and the medical staff member on duty shall conduct a review of the inmate’s medical condition and document on Form DC6-2068, Escort Chair Inmate Observation Log, that the use of the escort chair will not threaten the health of the inmate.

(6) For those inmates spitting or expelling bodily fluids on employees or with a documented history of such behavior, a spit net/shield may be placed over the head of the inmate and Form DC6-280, Special Management Spit Shield Status Request, shall be completed in accordance with Department procedure 602.028(1), (3). Form DC6-280, Special Management Spit Shield Status Request, is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-02951. The effective date of the form is 8-13.

(7) Staff conducting the escort shall carry a spit net/shield during the escort in the event the inmate begins behavior warranting its use.

(8) The spit net/shield shall be secured in such a manner in order to allow normal breathing capabilities. Medical personnel shall assess the inmate during and subsequent to placing the spit net/shield over the inmate’s head to ensure that the inmate can breathe sufficiently.

(9) If any staff member observes that the restraints appear to be restricting circulation to the hands or feet, the officer will confer with his supervisor prior to adjusting the restraints.

(10) The Shift Supervisor shall ensure that Form DC6-2068, Escort Chair Inmate Observation Log, is initiated and that all facts concerning the inmate are continuously documented. Form DC6-2068 must be completed any time an inmate is placed in an escort chair and restrained.

(11) Responsibility for the inmate restrained in the escort chair is assigned to the on-duty Shift Supervisor who, when relieved of duties, shall update the on-coming Shift supervisor of all relevant facts. Once the inmate is secured in the escort chair, the Shift Supervisor is not required to be present during the remainder of the escort.

(12) Chemical agents shall not be administered to an inmate while he is restrained in an escort chair.

(13) Form DC6-2068, Escort Chair Inmate Observation Log, shall be retained by the Warden for a period of three years. A copy of Form DC6-2068 shall be forwarded to the Regional Director.

(14) Videotaping of escort chair use shall begin prior to the inmate being removed from his or her cell and shall not end until the inmate is secure back in a cell.

(a) A lead-in statement with the rational for the use of the escort chair shall be provided on camera by the Shift Supervisor, Confinement Lieutenant, or Close Management Lieutenant, which shall include:

1. The date and time,

2. His or her name and rank,

3. The camera operator’s name and rank,

4. The inmate’s name and DC number; and,

(b) The video recording shall continuously run until the escort is complete and shall encompass the following:

1. The lead-in statement specified in paragraph (14)(a) of this rule,

2. The statement from the Shift Supervisor to the inmate that physical force will be used to place the inmate in the escort chair if there is a refusal or resistance,

3. Any response by the inmate,

4. The actual placement of the inmate in the escort chair,

5. The actual transport to the destination. For medical or mental health treatment this recording, for confidentiality purposes, shall be handled in accordance with Rule 33-602.210, F.A.C.,

6. The actual removal of the inmate from the escort chair at the destination,

7. The inmate’s behavior upon arrival at the destination,

8. The actual placement of the inmate in the escort chair at the destination for the return trip,

9. The action during the trip,

10. Securing of the inmate in a cell; and,

11. Any unusual events that occur during the time the inmate is in the escort chair.

(15) If the inmate refuses or offers active physical resistance when being placed in the escort chair, staff may utilize the minimum physical force necessary to secure the inmate in the escort chair. The Shift Supervisor shall make a determination whether to cancel the escort or use force to gain the compliance of the inmate for the escort.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.35 FS. History–New 8-11-13, Amended 1-10-18.

33-602.220 Administrative Confinement.

(1) Definitions.

(a) Administrative Confinement – refers to the temporary separation of an inmate from inmates in general population in order to provide for security and safety until such time as a more permanent inmate management decision process can be concluded, such as a referral to disciplinary confinement, close management, protective management, or a transfer.

(b) Bureau of Braille and Talking Book Library – refers to the agency that provides books on tape, Braille books, and other auxiliary aids for individuals who are unable to read books in print due to a disability.

(c) Central Office ADA Coordinator – refers to the Department employee responsible for implementing the provisions of Title I and Title II of the Americans with Disabilities Act and Section 504 of the 1973 Rehabilitation Act within the Department.

(d) Clinical Health Care Personnel – refers to a physician, clinical associate, nurse, Correctional Medical Technician Certified, psychologist, psychology intern, psychology resident, or psychological specialist.

(e) Housing Supervisor – refers to the correctional officer sergeant, or above, who is in charge of the administrative confinement unit for a particular shift.

(f) Institutional Classification Team (ICT) – refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution or facility and for making other classification recommendations to the State Classification Office. At private facilities, the Department’s representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department’s representative is final.

(g) Institutional Classification Team Docket – refers to the official record of an Institutional Classification Team hearing.

(h) Lewd or Lascivious Exhibition – an inmate commits a lewd or lascivious exhibition when the inmate does any of the following in the presence of a person who is not in the custody of the Department:

1. Intentionally masturbates;

2. Intentionally exposes the genitals without authorization; or

3. Intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity.

(i) Major Rule Violation – refers to any assault, battery, or attempted assault or battery; any lewd or lascivious exhibition; any spoken or written threat towards any person; inciting or attempting to incite, or participating in any riot, strike, mutinous act, or disturbance; fighting; possession of weapons, ammunition, explosives, cell phones, unauthorized drugs, escape paraphernalia, or any other item that presents a threat to the safe and secure operation of the institution; and any escape or escape attempt.

(j) Offender Based Information System (OBIS) – refers to an electronic data system used by the Department to record and retrieve offender information.

(k) Review – refers to the evaluation of pertinent information or documentation concerning an inmate’s administrative confinement status to determine if changes or modifications in the confinement status are required or recommended.

(l) State Classification Office (SCO) – refers to the office or Department staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(m) Security Pen – refers to a specially designed flexible ink pen that bends under pressure and has a tip that retracts under excessive pressure.

(n) Senior Correctional Officer – refers to a staff member with the rank of correctional officer lieutenant or above.

(o) Special Risk Inmate – refers to any inmate who has demonstrated behavior that is or could be harmful to himself or herself.

(p) Visit – unless the context dictates otherwise, refers to the official inspection and tour of a confinement unit by a staff member.

(2) Procedures for Placement in Administrative Confinement.

(a) Administrative confinement is a temporary confinement status that may limit conditions and privileges as provided in subsection (5) of this rule as a means of promoting the security, order and effective management of the institution. Otherwise, the treatment of inmates in administrative confinement shall be as near to that of inmates in general population as assignment to administrative confinement shall permit. Any deviations shall be fully documented as set forth in the provisions of this rule.

(b) When a decision is made to place an inmate in administrative confinement, the reason for such placement shall be explained to the inmate and the inmate shall be given an opportunity to present verbal comments on the matter. The inmate shall also be allowed to submit a written statement. Prior to placing the inmate in administrative confinement, the inmate shall be given a pre-confinement health assessment, including a physical and mental health evaluation that shall be documented in the inmate’s health care record. Inmates shall be weighed upon admission to administrative confinement, at least once a week while in administrative confinement, and upon leaving administrative confinement. The weight of the inmate shall be recorded on Form DC6-229, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

(c) When a pregnant inmate is placed in administrative confinement to protect the health and safety of the pregnant inmate or others, or to preserve the security and order of the institution, the senior correctional officer or above must make a report utilizing Form DC6-1015, Report of Placement in Restrictive Housing for Pregnant Inmates, clearly stating the following:

1. The individualized reason restrictive housing is necessary;

2. The reason less restrictive means are not available; and,

3. Whether a qualified healthcare professional at the correctional institution objects to the placement.

A copy of the report must be provided to the pregnant prisoner within 12 hours after placement in administrative confinement. Form DC6-1015 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://www.flrules.org/Gateway/reference.asp?No=Ref-13180. The effective date of the form is 06/21.

(d) Pursuant to Rule 33-601.733, F.A.C., upon placement into administrative confinement, the warden shall ensure that an inmate is provided the opportunity, at the inmate’s expense, to notify at least three approved visitors of any visitation denial or restrictions before the next scheduled visiting day if the situation permits the inmate to do so, or that staff notifies visitors by telephone if the inmate is unable to do so.

(e) When an inmate is placed in administrative confinement, this action shall be documented in the electronic classification contact log in OBIS. This entry shall fully state the circumstances surrounding and the reason for placing the inmate in administrative confinement and a summary of the inmate’s comments. The reason must correspond with one of the criteria for placement provided in subsection (3) of this rule. This electronic entry shall be completed the same day the inmate is placed into administrative confinement, will establish the ICT 72-hour review appointment, and will document any telephone calls made by staff on the inmate’s behalf to his or her visitors if time does not permit contact by mail prior to the planned visit. Any written statements provided by the inmate shall be forwarded to the ICT for its consideration prior to the 72-hour review appointment.

(f) The ICT shall review inmates in administrative confinement within 72 hours. The ICT’s findings and decision shall be documented in the electronic classification contact log in OBIS. The only exception to being reviewed within 72 hours is when the ICT cannot complete its review within the allotted timeframe due to a holiday. If the review cannot be completed within 72 hours, the action of the senior correctional officer shall be reviewed within 72 hours by the duty warden, documented on the Form DC6-229, Daily Record of Special Housing, and evaluated within 5 days by the ICT. Inmates placed into administrative confinement shall not be released from this status until approved by the ICT. The classification supervisor shall be responsible for ensuring that the ICT docket is prepared. The ICT Chairperson is responsible for scheduling the ICT hearing date and time. The ICT shall review inmates for release from administrative confinement. During this review the ICT shall consider pending disciplinary hearings and other pending issues or actions. If an inmate has been held in administrative confinement pending a disciplinary hearing and the decision is not to impose disciplinary confinement as a part of the disciplinary action, the disciplinary team or hearing officer shall notify the confinement supervisor who shall coordinate the release of the inmate from administrative confinement. If the confinement supervisor discovers other pending issues or actions, the ICT shall be required to immediately review the case. In the event it is necessary to release an inmate from administrative confinement during weekends or holidays, the duty warden is authorized to approve the release immediately.

(3) Reasons for Placement in Administrative Confinement with Time Limits. Placement of an inmate in administrative confinement is authorized for the following reasons:

(a) Disciplinary charges are pending and the inmate needs to be temporarily separated from inmates in general population in order to provide for security or safety until such time as the disciplinary hearing is held. A senior correctional officer or above shall have the authority to place an inmate in administrative confinement for this reason. The length of time spent in administrative confinement for this reason shall not exceed seven working days unless the ICT authorizes an extension of five working days. This extension shall be documented on Form DC6-229, Daily Record of Special Housing.

(b) Outside charges are pending against the inmate and the presence of the inmate in the general population would present a danger to the security or order of the institution. A senior correctional officer or above shall have the authority to place an inmate in administrative confinement for this reason. The length of time spent in administrative confinement for this reason shall not exceed 15 working days. The ICT shall be authorized to grant an extension of five working days. If it appears that an inmate should continue to be segregated from inmates in general population beyond 20 working days, close management procedures shall be initiated pursuant to Rule 33-601.800, F.A.C.

(c) Inmates shall be placed in administrative confinement pending review of the inmate’s request for protection from other inmates pursuant to Rule 33-602.221, F.A.C. The inmate shall be placed in administrative confinement by a senior correctional officer when the inmate presents a signed written statement alleging that the inmate fears for his or her safety from other inmates, and that the inmate feels there is no other reasonable alternative open to him or her. A senior correctional officer shall place an inmate in administrative confinement pending review for protective management based on evidence that such a review is necessary and the senior correctional officer determines that no other reasonable alternative is available. The inmate shall be encouraged to provide information and otherwise cooperate with the investigation of the matter. The protective management process, including the ICT’s action, shall be completed within 15 working days from the initial confinement of the inmate.

1. The ICT shall complete an OBIS electronic classification contact log entry approving the inmate’s continuation in confinement. This entry will initiate an appointment for an investigation to be conducted. The investigator shall enter the results of the investigation in the electronic classification contact log in OBIS, which will automatically schedule an ICT review appointment.

2. If the inmate submits a request for release in writing at any time during the ICT review or investigation process, the housing supervisor shall provide the inmate with a Form DC6-203, Protection Waiver/Appeal Decision. Form DC6-203 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://www.flrules.org/Gateway/reference.asp?No=Ref-01671. The effective date of the form is 1-19-03. The inmate shall complete Form DC6-203 and return it to the housing supervisor for submission to the ICT along with the inmate’s written request.

3. Once the investigation is complete, the ICT shall interview the inmate to determine whether the inmate has a legitimate, verifiable need for protection. The ICT shall review all documentation available concerning the need for protection, including any written statements submitted by the inmate. The inmate’s written request for release and the DC6-203 shall also be reviewed. The following elements shall be considered in determining whether protective management is necessary:

a. A record of having been assaulted;

b. A reputation among the inmate population, attested to in writing by staff, as an informant or trial witness;

c. Verified threats, verbal abuse, or harassment;

d. A former criminal justice activity resulting in verified threats, verbal abuse, or harassment;

e. A conviction of a crime repugnant to the inmate population;

f. Reliable, confirmed evidence of sexual harassment;

g. Other factors such as physical size, build, and age producing a risk from the general inmate population.

4. The ICT shall make recommendations concerning protective management based on the facts within 15 working days from the date of initial confinement. The ICT’s findings and recommendations shall be entered in the electronic classification contact log in OBIS, which will automatically schedule an SCO review appointment. Whether the ICT recommends protective management or not, the inmate shall remain in administrative confinement at that institution or facility pending review by the SCO. All non-electronic related documentation shall be made available to the SCO by the ICT. The SCO shall approve, disapprove, or return for additional information the recommendation of the ICT.

5. The SCO shall determine within five working days whether protection is necessary based upon the investigation and any follow-up it deems appropriate. The SCO shall approve or disapprove placement of the inmate in protective management. The SCO’s decision shall be documented in the electronic classification contact log in OBIS. If the SCO determines that a need for protection exists, it shall direct that the inmate be placed in a protective management unit or transferred to another institution or facility to resolve the inmate’s need for protection. If a decision is made to relocate or transfer the inmate to resolve the inmate’s need for protection at the inmate’s current location, the inmate shall be kept in administrative confinement until the relocation or transfer is completed. Transfers for protection needs shall be effected within five working days. SCO members are authorized to approve transfers. If the SCO determines that protective management is not necessary, the inmate may appeal this decision directly to the Office of the Secretary pursuant to Rules 33-103.007 and 33-103.011, F.A.C. The inmate shall be notified of the SCO’s decision by the ICT. At the time of notification, the inmate shall be asked if he or she wants to appeal the decision. The inmate’s acknowledgement of being informed of the SCO denial and the inmate’s decision on whether to appeal shall be documented on an electronically produced Form DC6-137, Notification of Protective Management Disapproval, and the electronic contact log in OBIS. Form DC6-137 is hereby incorporated by reference. A copy is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-14790. The effective date on the form is 1-19-03. The inmate shall remain in administrative confinement until the appeal process is complete.

6. Within three working days after an inmate has been received at an institution with a protective management unit for the purpose of protective management or after an inmate already housed at an institution with a protective management unit has been approved for protective management by the SCO, a determination shall be made by the ICT as to appropriate housing. The ICT shall ensure that the housing supervisor assesses the inmate being placed into the protective management unit for his or her potential for risk to or from other inmates in the protective management unit. The inmate shall remain in administrative confinement until this assessment is made.

(d) An inmate who presents a signed written statement to a senior correctional officer alleging that he or she is in fear of staff and provides specific information to support this claim shall also be placed in administrative confinement. Such cases shall be reported by the senior correctional officer via e-mail to the Office of the Inspector General for review and possible investigation. After completion of the review and any investigation, the Inspector General shall submit the case to the ICT or SCO with recommendations for disposition. If the case is submitted to the ICT, the ICT shall docket the case for consideration no later than the next ICT meeting. If the case is submitted to the SCO, the SCO shall coordinate with the ICT regarding recommendations. The timeframes listed in paragraph (3)(e), below, shall apply to inmates in administrative confinement due to alleged fear of staff.

(e) An investigation, evaluation for change of status, or transfer is pending and the presence of the inmate in the general population might interfere with that investigation or present a danger to the inmate, other inmates, or to the security and order of the institution. An investigating officer shall have the authority to request that the senior correctional officer place the inmate in administrative confinement for this reason and the length of time spent in this status shall not exceed 15 working days unless one five working day extension is granted by the ICT. This extension shall be documented on Form DC6-229, Daily Record of Special Housing. If it is necessary to continue the inmate’s confinement beyond this first extension, written authorization must be obtained from the SCO for a 30-day extension. This authorization shall be attached to the Form DC6-229. The SCO shall have the authority to authorize one additional 30-day extension. Examples of circumstances justifying the placement of an inmate in administrative confinement for this reason include:

1. Pending an evaluation for placement in close management.

2. Special review against other inmates, disciplinary, program change, or management transfer. Transfers for this reason shall be given priority.

3. Pending an investigation into allegations that the inmate is in fear of a staff member. The protection process outlined in paragraph (3)(d), above, shall be utilized for this purpose. Paragraph (3)(c) above shall not apply.

4. Any other reason when the facts indicate that the inmate must be separated from inmates in general population for the safety of any inmate or group of inmates or for the security of the institution.

(f) When an inmate is received from another institution when classification staff is not available to review the inmate file and classify the inmate into general population, a senior correctional officer or above has the authority to place the inmate into administrative confinement. The length of time spent in administrative confinement for this reason shall not exceed two working days. If the initial review suggests that a further investigation is necessary prior to release, the inmate’s status can be changed to pending investigation or other status.

(4) Administrative Confinement Facilities.

(a) The number of inmates housed in an administrative confinement cell shall not exceed the number of bunks in the cell. The only exception to this policy is during an emergency situation as declared by the warden or duty warden. The regional director of institutions and the emergency action center in central office shall be advised of the emergency. If the emergency situation exists in excess of 24 hours, the warden or duty warden must get specific written authorization from the regional director of institutions to continue to house inmates beyond the 24-hour period. Prior to placing inmates in the same cell, the inmates shall be reviewed by the housing supervisor to ensure that none of the inmates constitute a threat to any of the others.

(b) All administrative confinement cells shall be equipped with toilet facilities and running water for drinking and other sanitary purposes. Water in the cell can be turned off when necessary due to misbehavior. In such event, the inmate occupant shall be furnished with an adequate supply of drinking water by other means to prevent dehydration. This action shall be documented on Form DC6-229, Daily Record of Special Housing.

(c) Prior to the placement of an inmate into, and after the inmate’s removal from, an administrative confinement cell, it shall be thoroughly inspected to ensure that it is in proper order and the inmate housed in that cell shall then be held responsible for the condition of the cell. Form DC6-221, Cell Inspection, shall be used for this purpose. Form DC6-221 is incorporated by reference in Rule 33-601.800, F.A.C. Routine searches of each cell may be conducted at any time, but shall be conducted, at a minimum, each time an inmate is removed from the cell for a shower. All searches shall be documented on Form DC6-229, Daily Record of Special Housing. All inmates shall be searched prior to entering the administrative confinement unit and upon departure from the administrative confinement unit. All items entering the administrative confinement unit shall be thoroughly searched, including, at a minimum, food carts and trays, laundry and linens, and inmate property.

(d) Administrative confinement cells shall be physically separated from other confinement cells whenever possible. Whenever such location is not possible, physical barriers shall preclude the cross association of those inmates in administrative confinement with those inmates in other housing statuses. The cell doors in administrative confinement shall feature remotely controlled locking devices whenever possible given the physical design of the institution or facility. Administrative confinement cells shall be built to permit verbal communication and unobstructed observation by staff. The officers assigned to an administrative confinement unit shall exercise care to maintain the noise within the unit to a reasonable level so as not to interfere with normal operating activities of the unit or institution. Visual inspections shall be conducted of each cell, including, at a minimum, observations to identify clothes lines, pictures attached to the walls and lockers, windows or light fixtures covered with paper, clothes, or towels, and air and heater vents that have been obstructed. When sufficient natural light is unavailable, interior cell lights shall be left on during day and evening hours.

(5) Conditions and Privileges.

(a) Clothing – inmates in administrative confinement shall be provided the same clothing and clothing exchange as inmates in general population unless there are facts to suggest that on an individual basis exceptions are necessary for the welfare of the inmate or the security of the institution. In such cases, the exceptions shall be documented on Form DC6-229, Daily Record of Special Housing, and approved by the chief of security. Shower slides may be substituted for regulation shoes. Any item may be removed from the cell in order to prevent the inmate from inflicting injury to himself, herself, or others or to prevent the destruction of property or equipment. If an inmate’s clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229. Under no circumstances shall an inmate be left without a means to cover himself or herself.

(b) Bedding and Linens – bedding and linens for inmates in administrative confinement shall be issued and exchanged in the same manner as is provided to inmates in general population. Any exception shall be based on the potential threat of harm to an individual or a potential threat to the security of the institution. The shift supervisor or the confinement lieutenant must approve the action initially. All exceptions shall be documented on Form DC6-229, Daily Record of Special Housing, and the Chief of Security shall make the final decision regarding the appropriateness of the action no later than the next working day following the action.

(c) Personal Property – except as otherwise stated herein, inmates shall be allowed to possess the same property as is permitted inmates in general population unless there is an indication that possession of such property poses a security risk, in which case removal or denial of any property shall be documented on Form DC6-229, Daily Record of Special Housing. An inmate in administrative confinement may possess a tablet in accordance with Rule 33-602.900, F.A.C., and this rule. Inmates in administrative confinement may not possess a Walkman-type radio or batteries. Form DC6-220, Inmate Impounded Property List, designating what property was removed personal items were removed, shall be completed by security staff and signed by the inmate. The original shall be placed in the inmate’s property file and a copy of the form shall be given to the inmate. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C. Inmates shall be allowed to possess religious items pursuant to the provisions of Rule 33-602.201, F.A.C. All property retained by the inmate must fit into the storage area provided.

(d) Comfort Items – inmates in administrative confinement shall be permitted the same personal hygiene items and other medically neccessary or prescribed items as is permitted inmates in general population unless an item poses a potential threat of harm to an individual or a potential threat to the security of the institution. Inmates in administrative confinement shall not possess any products that contain baby oil, mineral oil, cocoa butter, or alcohol. In the event certain items that inmates in administrative confinement are not normally prohibited from possessing are removed, the senior correctional officer shall be notified and must approve the action taken, or the item must be returned to the inmate. Any action taken shall be recorded on Form DC6-229, Daily Record of Special Housing, which must be reviewed by the Chief of Security. As noted above, property receipts shall be given for any personal property removed. The following comfort items shall be provided at a minimum: toothbrush, toothpaste, bar of soap, towel or paper towels, toilet tissue, and feminine hygiene products for women.

(e) Personal Hygiene – inmates in administrative confinement shall meet the same standards regarding personal hygiene as required of inmates in general population.

1. At a minimum, each inmate in administrative confinement shall shower three times per week and on days that an inmate works.

2. Any male inmate who elects to be clean shaven shall be clipper shaved three times per week. Any male inmate who elects to grow and maintain a half-inch beard shall have his beard maintained in accordance with Rule 33-602.101, F.A.C. The possession and use of shaving powder and battery-operated razors in administrative confinement is prohibited.

3. Hair care shall be the same as that provided to and required of inmates in general population.

(f) Diet and Meals – all inmates in administrative confinement shall receive the same institutional meals as are available to inmates in general population, except that if any item on the regular menu poses a potential threat of harm to an individual or a potential threat to the security of the institution, then another item of comparable quality and quantity shall be substituted. Utilization of the special management meal is authorized for any inmate in administrative confinement who uses food or food service equipment in a manner that is hazardous to himself or herself, staff, or other inmates. The issuance of a special management meal shall be in accordance with Rule 33-602.223, F.A.C. Any deviation from established meal service or substitutions shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C., and Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(g) Canteen Items – inmates in administrative confinement shall be allowed to make canteen purchases once every other week. Items sold to administrative confinement inmates shall be restricted when reasonably necessary for institutional safety and security.

1. Inmates in administrative confinement shall be allowed to purchase a maximum of four canteen food items. In making this determination, it is the number of food items that is counted, not the type of item. For example, three packages of cookies count as three items, not one item.

2. Inmates in administrative confinement shall be allowed to purchase a maximum of five non-food canteen items. Stamps, envelopes, security pens, and notebook paper, each count as one item. For example, three security pens shall count as one item. Twenty-five stamps or fewer shall count as one item. Two packages or less of notebook paper shall count as one item.

(h) Counseling Interviews – inmates in administrative confinement shall be allowed out of their cells to receive regularly scheduled mental health services as specified in an inmate’s ISP unless the inmate has displayed hostile, threatening, or other behavior during the past four hours that could present a danger to others. For the safety and security of individuals and the institution, security staff shall determine the level of restraint required while inmates in administrative confinement access services outside their cells.

(i) Visiting – all visits for inmates in administrative confinement must be approved in advance by the warden or designee. The warden or designee shall notify the control room in writing when approval is given in advance of the visitor arriving at the institution. Requests for inmates in administrative confinement to visit shall be in writing to the ICT. Those inmates who are a threat to the security of the institution shall be denied visiting privileges. Attorney-client visits shall be in accordance with Rule 33-601.711, F.A.C., and shall not be restricted except on evidence that the visit would pose a potential threat of harm to an individual or a potential threat to the security of the institution. The warden or designee shall determine whether a pre-approved visit will be contact or non-contact based on one or all the criteria set forth in Rule 33-601.735, F.A.C. Inmates in administrative confinement are not allowed video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(j) Telephone – telephone privileges are allowed for emergency situations, when necessary to ensure the inmate’s access to courts, or in any other circumstance when a call is authorized by the warden or duty warden.

(k) Legal Access – legal materials shall be as accessible to inmates in administrative confinement as they are to inmates in general population as long as security concerns permit. An inmate in adminnistrative confinement may be required to conduct legal business by correspondence rather than by a personal visit to the law library if security requirements prevent a personal visit. However, all steps shall be taken to ensure the inmate is not denied needed access while in administrative confinement. Although the inmate may not be represented by an attorney at any administrative hearing, access shall be granted for legal visits at any reasonable time during normal business hours to the inmate’s attorney or aide to that attorney. Indigent inmates shall be provided paper and writing utensils in order to prepare legal papers. Inmates who are not indigent shall be allowed to purchase paper, security pens, and envelopes for this purpose through a canteen order. An inmate with disabilities that hinder the preparation of legal correspondence shall be allowed the use of auxiliary aids. An inmate who is provided an auxiliary aid shall be allowed access to a certified research aide for the purpose of preparing legal documents or legal mail, or filing a grievance.

(l) Correspondence – inmates in administrative confinement shall have the same opportunities for correspondence that are available to inmates in general population.

(m) Writing utensils – inmates in administrative confinement may possess a maximum of four security pens. Other types of pens and pencils shall be confiscated and stored until the inmate is released from administrative confinement. Inmates who are in possession of working pens or pencils when placed in administrative confinement shall be issued a security pen. Inmates who are not indigent must purchase additional pens when needed from the canteen. If security pens are unavailable, the inmate shall be allowed to sign out a regular pen from the confinement housing officer. All care shall be taken to ensure that an indigent inmate who requests access to a pen in order to prepare legal documents or legal mail, or to file a grievance with the Department has access to a pen for a time period sufficient to prepare the legal documents, legal mail, or grievances. An inmate who has been provided an auxiliary aid shall be allowed access to such for the purpose of reading or preparing correspondence.

(n) Reading materials – inmates in administrative confinement shall be provided access to admissible reading material as provided in Rule 33-501.401, F.A.C., unless it poses a potential threat to the safety, security, or sanitation of the institution. If it is determined that there is a safety, security, or sanitation risk, the items shall be removed. Such removal of reading materials shall be documented on Form DC6-229, Daily Record of Special Housing, in accordance with paragraph (9)(c) of this rule.

(o) Library – only one soft-back book at a time may be checked out by inmates in administrative confinement. Books shall be checked out once weekly, and inmates may possess no more than one book at any given time. An inmate who receives services from the Bureau of Braille and Talking Book Library shall be allowed to possess his or her tape player and devotional and scriptural materials and any other books on tape that are in compliance with the admissibility requirements in Rule 33-501.401, F.A.C. Inmates shall be allowed to check out one book on tape per week and possess no more than one at any given time. The actual number of tapes may be more than one per book.

(p) Exercise – those inmates housed in administrative confinement on a 24-hour basis, excluding showers and clinic trips, may exercise in their cells. However, if confinement extends beyond a 30-day period, an exercise schedule shall be implemented to ensure a minimum of three hours per week of exercise out of doors. Such exercise periods shall be documented on Form DC6-229, Daily Record of Special Housing. The ICT is authorized to restrict exercise for an individual inmate only when the inmate is found guilty of a major rule violation as defined in Rule 33-601.800, F.A.C. Inmates shall be notified in writing of this decision and may appeal through the grievance procedure. The denial of exercise shall be for no more than 15 days per incident and for no longer than 30 days in cumulative length. If the inmate requests a physical fitness program handout, the wellness specialist or the confinement officer shall provide the inmate with an in-cell exercise guide and document such on Form DC6-229, Daily Record of Special Housing. Medical restrictions may also place limitations on the exercise periods. A disabled inmate who is unable to participate in the normal exercise program shall have an exercise program developed for him or her that will accomplish the need for exercise and take into account the particular inmate’s limitations. Recreational equipment may be available for the exercise period provided such equipment does not compromise the safety or security of the institution. The reasons for any exercise restrictions shall be documented on Form DC6-229.

(q) If items of clothing, bedding, or property are removed in order to prevent an inmate from inflicting injury to himself or herself or others, to prevent destruction of property or equipment, or to prevent the inmate from impeding security staff from accomplishing functions essential to the unit and institutional security, staff shall re-assess the need for continued restriction every 72 hours thereafter. The warden, based on this assessment, shall make the final determination on the continued denial or return of the items. The items shall be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction is occurring.

(r) Inmates in administrative confinement are permitted limited access to kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Access shall be limited to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

(6) Restraint and Escort Requirements.

(a) Prior to opening any cell for any purpose, including exercise, medical or disciplinary call-outs, telephone calls, recreation, and visits, all inmates in the cell shall be handcuffed behind their backs unless documented medical conditions require that an inmate be handcuffed in front. In such cases, waist chains shall be used in addition to the handcuffs.

(b) A minimum of two officers shall be physically present at the cell whenever the cell door is opened.

(c) Prior to escorting an inmate from a cell, the inmate shall be thoroughly searched. If the inmate is being taken outside the immediate housing unit, leg irons and other appropriate restraint devices shall be applied.

(d) After the required restraints are applied, the inmate has been thoroughly searched, and the cell door has been secured, the second officer is authorized to leave the area.

(e) If two inmates are being escorted from the same cell, both inmates can be escorted at the same time provided that the second officer remains to escort the second inmate and no other movement is occurring on the wing. During all other situations, only one inmate at a time shall be escorted on each confinement wing.

(f) Any inmate who has demonstrated behavior that is or could be harmful to himself or herself shall be designated as a special risk inmate. If the inmate exhibits bizarre, mentally, or self-destructive behavior, the medical department shall be immediately contacted to determine if special watch or self-harm observation procedures shall be initiated. Suicidal inmates shall be removed to a designated area where a correctional officer or health care staff can provide observation. Visual checks shall be made in accordance with medical protocols or at least every 30 minutes and shall be documented on Form DC4-650, Observation Checklist, until the inmate is no longer considered a special risk inmate. Form DC4-650 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://www.flrules.org/Gateway/reference.asp?No=Ref-12601. The effective date of the form is 01/21. All actions taken by staff regarding special risk inmates shall be documented on Form DC6-229, Daily Record of Special Housing, and Form DC6-210, Incident Report. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(g) Inmates in administrative confinement utilized as housemen or orderlies shall be confined to their assigned cells when not working.

(7) Visits to Administrative Confinement.

(a) The following staff members are required to officially inspect and tour the administrative confinement unit. All visits by staff, other than the 30-minute checks described in subparagraph (a)1., below, must be documented on Form DC6-228, Inspection of Special Housing Record. Form DC6-228 is incorporated by reference in Rule 33-601.800, F.A.C. The staff member must also document his or her visit on Form DC6-229, Daily Record of Special Housing, if any discussion of significance, any action or behavior of the inmate occurs, or any important information is obtained that may have an influence or effect on the inmate’s status of confinement. These visits shall be conducted at a minimum of:

1. At least every 30 minutes by a correctional officer, but on an irregular schedule. These checks must be documented on Form DC6-209, Housing Unit Log.

2. Daily by the housing supervisor.

3. Daily by the shift supervisor on duty for all shifts except in the case of riot or other institutional emergency.

4. Weekly by the Chief of Security (when on duty at the institution or facility), except in the case of riot or other institutional emergency.

5. Daily by clinical health care personnel.

6. Weekly by the chaplain. More frequent visits shall be made upon request of the inmate if the chaplain’s schedule permits.

7. Weekly by the warden and assistant wardens.

(b) Classification officers must visit each inmate on his or her caseload each week and document the visit on the Form DC6-229, Daily Record of Special Housing. The classification officer must record the inmate’s status, upcoming reviews, issues, discussions of significance, action or behavior of the inmate, or any other important information that may have an influence or effect on the inmate’s status of confinement.

(8) Review of Administrative Confinement.

(a) An ICT member shall review the cases of inmates in administrative confinement every week. The goal shall be toward returning the inmate to general population as soon as the facts of the case indicate that this can be done safely.

(b) Any inmate assigned to administrative confinement for more than 30 days shall be given a psychological screening assessment by a mental health professional to determine his or her mental condition. The assessment shall include a personal interview if determined necessary by the mental health professional. All such assessments shall be documented in the mental health record. The psychologist or psychological specialist shall prepare a report to the ICT regarding the results of the assessment with recommendations. The ICT shall then make a decision regarding continuation of confinement. If the decision is to continue confinement, a psychological screening assessment shall be completed at least every 90 days period.

(c) If an inmate is housed in administrative confinement for more than 30 days, the ICT shall interview the inmate and prepare a formal assessment and evaluation report. A formal assessment and evaluation report must be prepared after each consecutive 30-day period the inmate is housed in administrative confinement. Such reports may be in a brief paragraph form on the Classification Log in OBIS detailing the basis for confinement, what has transpired since the last report, the decision concerning continued administrative confinement, and the basis for that decision.

(d) The SCO at the next onsite visit shall review such reports and may interview the inmate before determining the final disposition of the inmate’s administrative confinement status.

(9) Administrative Confinement Records.

(a) Form DC6-229, Daily Record of Special Housing, shall be maintained for each inmate as long as the inmate is in administrative confinement. Form DC6-229 shall be utilized to document any activity such as cell searches, items removed, showers, recreation, haircuts, and shaves, and unusual occurrences such as refusal to come out of a cell or refusal to eat. If items that inmates in administrative confinement are not prohibited from possessing are denied or removed from the inmate, the shift supervisor or the confinement lieutenant must approve the action initially. The central office ADA coordinator shall be contacted within 24 hours if any item is removed that would be considered an auxiliary aid or device that ensures a disabled inmate an equal opportunity as a non-disabled inmate. The items denied or removed shall be documented on Form DC6-229 and the Chief of Security shall make the final decision regarding the appropriateness of that action no later than the next working day following the action. The housing supervisor shall make a notation of any unusual occurrences or changes in the inmate’s behavior and any action taken. Changes in housing location or any other special action shall also be noted. Form DC6-229 shall be maintained in the housing unit for 30 days, at which time the form shall be forwarded to the ICT for review. Once reviewed, these forms shall be forwarded to classification to be filed in the institutional inmate record.

(b) Form DC6-229B, Daily Record of Special Housing – Supplemental, shall be completed and attached to the current Form DC6-229, Daily Record of Special Housing, whenever additional written documentation is required concerning an event or incident related to the specific inmate. Form DC6-229B is incorporated by reference in Rule 33-601.800, F.A.C.

(c) Form DC6-228, Inspection of Special Housing Record, shall be maintained in each administrative confinement unit. Each staff person shall sign such record when entering and leaving the confinement unit. Prior to leaving the confinement unit, each staff member shall indicate any specific problems including any inmate who requires special attention. No other unit activities shall be recorded on Form DC6-228. Upon completion, Form DC6-228 shall be maintained in the housing unit and forwarded to the Chief of Security on a weekly basis where it shall be maintained on file pursuant to the current retention schedule.

(d) Form DC6-209, Housing Unit Log, shall be maintained in each confinement unit. Officers shall record all daily unit activities on Form DC6-209, including any special problems or discrepancies noted. The completed Form DC6-209 shall be forwarded daily to the chief of security for review.

(10) Staffing Issues.

(a) Officers assigned to a confinement unit shall be reviewed at least every 18 months. The shift supervisor or confinement lieutenant shall initiate the review by having the officer complete section I of Form DC6-295, Special Housing Unit Rotation Review. Form DC6-295 is incorporated by reference in Rule 33-602.222, F.A.C. The supervisor shall conduct an interview with the officer and complete section II of Form DC6-295 and forward the form to the chief of security. The chief of security shall review personnel records, including performance appraisals, incident reports, use of force reports, and any other documentation relevant to the officer’s assignment and job performance, and interview the officer and officers’ supervisors for the period of review when necessary. The chief of security shall, upon completion of his or her review, complete section III of Form DC6-295 and forward the recommendation to the warden. The warden shall review the recommendation, request additional information if necessary, and make the final determination as to whether the officer continues in the current assignment or is rotated to another assignment. The warden’s decision shall be documented in section VI of Form DC6-295 and returned to the chief of security for action. The chief of security shall maintain the completed Form DC6-295. Any officer assigned to a confinement post shall be authorized a minimum period of five days annual leave or a five-day assignment to a less stressful post every six months.

(b) The Inspector General shall notify the warden and regional director of institutions of any officer involved in eight or more use of force incidents in an 18-month period. The regional director of institutions shall review the circumstances for possible reassignment of the officer.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.241, 945.04 FS. History–New 4-7-81, Amended 6-23-83, 3-12-84, Formerly 33-3.081, Amended 4-22-87, 8-27-87, 7-10-90, 12-4-90, 3-24-97, 4-26-98, 10-5-98, Formerly 33-3.0081, Amended 2-12-01, 2-5-02, 1-19-03, 4-1-04, 3-5-06, 10-31-06, 4-8-08, 6-25-08, 6-8-09, 7-5-10, 10-7-12, 3-6-14, 8-17-16, 1-18-21, 6-1-21, 10-6-22.

33-602.221 Protective Management.

(1) Definitions.

(a) Administrative Confinement ‒ refers to the temporary separation of an inmate from inmates in general population in order to provide for security and safety until such time as a more permanent inmate management decision process can be concluded, such as a referral to disciplinary confinement, close management, protective management, or a transfer.

(b) Bureau of Braille and Talking Book Library – refers to the agency that provides books on tape, Braille books, and other auxiliary aids for individuals who are unable to read books in print due to a disability.

(c) Central Office ADA Coordinator – refers to the Department employee responsible for implementing the provisions of Title I and Title II of the Americans with Disabilities Act and Section 504 of the 1973 Rehabilitation Act within the Department.

(d) Classification – refers to the processes used to divide inmates into groups for a variety of purposes, including facility placement, custody assessment, work and program assessment and placement, housing assessment and placement, periodic reviews, and community, transition, and special needs assessments.

(e) Clinical Health Care Personnel – refers to a physician, physician assistant, advanced practice registered nurse, licensed nurse, psychologist, psychology intern, psychology resident, or behavioral health specialist.

(f) Housing Supervisor – refers to the Correctional Officer Sergeant or above in charge of the protective management unit for a particular shift.

(g) Institutional Classification Team (ICT) ‒ refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution or facility and for making other classification recommendations to the State Classification Office. At private facilities, the Department’s representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department’s representative is final.

(h) Protective Management ‒ refers to a special management status for the protection of inmates from other inmates in an environment as representative of that of inmates in general population as is safely possible.

(i) Security Pen – refers to a specially designed flexible ink pen that bends under pressure and has a tip that retracts under excessive pressure.

(j) Senior Correctional Officer ‒ refers to a staff member with the rank of Correctional Officer Lieutenant or above.

(k) Special Management ‒ refers to the separation of an inmate from inmates in general population in a structured environment for purposes of safety, security, and order of the facility.

(l) Special Risk Inmate ‒ refers to any inmate who has demonstrated behavior that is or could be harmful to himself or herself.

(m) State Classification Office (SCO) ‒ refers to the office or Department staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(n) Review ‒ refers to the evaluation of pertinent information or documentation concerning an inmate’s protection status to determine if changes or modifications to the status are required or recommended.

(o) Visit ‒ unless the content dictates otherwise, refers to the official inspection and tour of a protective management unit by a Department staff member.

(2) Procedures for placement in Protective Management.

(a) Protective management is not disciplinary in nature. Inmates in protective management are not being punished and are not in confinement. The treatment of inmates in protective management shall be as near that of inmates in general population as the individual inmate’s safety and security concerns permit.

(b) Inmates on death row, in close management, or in disciplinary confinement are not eligible for placement in protective management. However, if an inmate in one of these statuses requests protection, procedures outlined in Rule 33-602.220, F.A.C., shall be followed.

(c) If it is determined that an inmate on death row, in close management, or in disciplinary confinement needs protection, the inmate shall be afforded such protection in their current status. Upon completion of that special status, the ICT shall review the inmate’s need for protection and make recommendations to the SCO, which shall determine the appropriate action to resolve the inmate’s protection needs.

(d) When the SCO determines that protective management is appropriate for an inmate, the inmate shall be reviewed by the housing supervisor to assess the inmate’s potential risk to or from other inmates in the unit. The completion of this review shall be documented on Form DC6-235, Record of Protective Management. Form DC6-235 is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14372. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is 06/22. If the inmate cannot be placed in protective management for this reason, the housing supervisor shall place or maintain the inmate in administrative confinement until the issue can be expeditiously resolved. The case shall be immediately forwarded to the ICT for review. The ICT shall review the case and interview the inmate and forward recommendations to the SCO. The SCO shall review the case and may interview the inmate and make a final decision to resolve the inmate’s protection needs.

(3) Protective Management Facilities.

(a) The number of inmates housed in a protective management housing unit shall not exceed the number of beds in the housing unit. Exceptions may be made during an emergency situation as approved by the warden or duty warden, but such exceptions shall not continue for more than 24 hours without the specific written authorization of the regional director of institutions. Prior to placing inmates in the same housing unit, the housing supervisor shall determine that none of the inmates constitute a threat to any of the others.

(b) All protective management housing units shall be equipped with toilet facilities, running water for drinking and other sanitary purposes, and other furnishings as are provided to comparable housing units for inmates in general population at the particular institution.

(c) Whenever possible, protective management housing units shall be physically separate from other housing units given the physical design of the facility. Whenever such location is not possible, physical barriers shall preclude the cross-association of inmates in protective management with inmates in other statuses. Protective management housing units shall be built to permit verbal communication with and unobstructed observation by Department staff.

(4) Conditions and Privileges.

(a) The following conditions and privileges for inmates in protective management shall be the same as and exchanged with those issued to inmates in general population:

1. Clothing.

2. Bedding and linen.

3. Personal property.

4. Comfort items, personal hygiene items, and other medically necessary or prescribed items.

5. Personal hygiene standards.

6. Diet and meals, except that when security reasons as determined by institutional staff prevent dining room feeding, the inmate’s meal shall be served in the day room or the inmate’s housing unit. Any deviation from or substitution to the established meal service shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C., and Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

7. Canteen items.

8. Counseling Interviews when deemed necessary by mental health staff.

9. Correspondence and authorized self-improvement correspondence courses.

10. Telephone.

11. Writing utensils and/or access to a “writer/reader” if one has been provided to the inmate for the purpose of preparing correspondence.

12. Reading materials in compliance with the admissibility requirements of Rule 33-501.401, F.A.C..

13. Library visits and book check-out maximums.

14. Exercise.

15. Contact by staff.

16. Religious activities to include a weekly non-denominational service held in the chapel or in the protective management housing unit if security reasons prevent chapel service.

17. Self-improvement programs, including academic education, vocational training, correspondence courses or self-directed study activities, religious activities, or letter-writing shall be available in the protective management housing unit or in separate locations within the institution that conform with the need for security.

18. Work assignments.

19. Kiosks, Kiosk Services, and Tablet Services – inmates in protective management are permitted access to kiosks, kiosk services, and tablet services as provided for in Rule 33-602.900, F.A.C.

(b) Visitation – a visitation schedule shall be implemented to ensure a minimum of two hours a week for inmates in protective management to receive visits. Visitation shall take place in a separate facility from inmates in general population if a separate facility is available. If a separate facility is not available, the warden or duty warden shall schedule visitation for inmates in protective management either before or after visitation hours for inmates in general population or on different days from inmates in general population. Visitation shall be limited by the warden or the warden’s designee when it is determined that allowing visitation in the visitation area poses a threat to the inmate or when supervision is limited. The warden or ICT is authorized to make exceptions for visitors who have traveled a great distance. Attorney-client visits shall be in accordance with Rule 33-601.711, F.A.C., and shall not be restricted except on evidence that the visit would pose a potential threat of harm to an individual or a potential threat to the security of the institution. The warden or designee must approve all visits in advance and is authorized to approve special visits pursuant to Rule 33-601.736, F.A.C. Inmates in protective management shall have video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(c) Legal Access – inmates in protective management shall have access to the law library during evening or other hours when inmates in general population are not present. If security reasons prevent a visit, access shall be provided through correspondence or visits from the inmate research aide. All steps shall be taken to ensure the inmate is not denied necessary legal access while in protective management. Inmates shall be provided paper and writing utensils to prepare legal papers. Typewriters or typing services are not considered required items and shall not be permitted in protective management housing units. However, an inmate with disabilities that hinder the preparation of legal correspondence shall be allowed to use auxiliary aids. An inmate who is provided an auxiliary aid shall be allowed access to a certified research aide for the purpose of preparing legal documents or legal mail or filing a grievance.

(5) Review of Protective Management Status.

(a) The ICT shall review inmates in protective management every week for the first 60 days, with the goal of returning the inmate to general population as soon as the facts of the case indicate that this can be done safely.

(b) Any inmate assigned to protective management for more than 30 days shall be given a psychological screening assessment by a mental health professional to determine their mental condition. The assessment shall include a personal interview if deemed necessary by the mental health professional. All such assessments shall be documented in the mental health record. The psychologist or psychological specialist shall prepare a report to the ICT regarding the results of the assessment with recommendations. The ICT shall then make a decision regarding continuation of the protection needs. Any recommendations by the psychologist or psychologist specialist that the inmate be released from protective management shall be forwarded by the ICT to the SCO. If the decision is to continue protective management, a psychological screening assessment shall be conducted at least every 90 days.

(c) In addition to the ICT’s review as outlined in paragraph (5)(a), the ICT shall interview each inmate in protective management at least every 60 days and shall document the decision concerning continued protection or potential release and the basis for that decision in the database.

(d) The SCO shall review all reports prepared by the ICT concerning an inmate’s protective management status and may interview the inmate before determining the final disposition of the inmate’s protective management status. However, the SCO shall conduct an onsite interview with each inmate at least once every six months or as often as necessary to determine if continuation, modification, or removal from protective management status is appropriate.

(e) If the inmate submits a request for release in writing at any time after being placed in protective management, the housing supervisor shall provide the inmate with a Form DC6-203, Protection Waiver/Appeal Decision. Form DC6-203 is incorporated by reference in Rule 33-602.220, F.A.C. The inmate shall complete Form DC6-203 and return it to the housing supervisor for submission to the ICT along with the inmate’s written request. The ICT shall docket and review the inmate’s request and interview the inmate. The ICT shall submit its recommendation along with Form DC6-203 and any other relevant documentation to the SCO for final consideration. The SCO review and decision shall be conducted during the next routine on-site visit.

(6) Protective Management Records. A printed copy of Form DC6-235, Record of Protective Management, shall be maintained for each inmate placed in protective management.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 945.04 FS. History–New 6-23-83, Amended 3-12-84, Formerly 33-3.082, Amended 6-4-90, 7-10-90, 12-4-90, 4-26-98, Formerly 33-3.0082, Amended 2-12-01, 1-19-03, 4-1-04, 6-8-09, 7-5-10, 3-6-14, 8-17-16, 1-18-21, 6-7-22.

33-602.222 Disciplinary Confinement.

(1) Definitions.

(a) Bureau of Braille and Talking Book Library – refers to the agency that provides books on tape, Braille books, and other auxiliary aids for individuals who are unable to read books in print due to a disability.

(b) Central Office ADA Coordinator – refers to the Department employee responsible for implementing the provisions of Title I and Title II of the Americans with Disabilities Act and Section 504 of the 1973 Rehabilitation Act within the Department.

(c) Clinical Health Care Personnel – refers to a physician, clinical associate, nurse correctional medical technician certified, psychologist, psychology intern, psychology resident, or psychological specialist.

(d) Disciplinary Confinement ‒ refers to a form of punishment in which inmates found guilty of committing violations of Department rules are confined for specified periods of time to individual cells based upon authorized penalties for prohibited conduct.

(e) Housing Supervisor – refers to the correctional officer sergeant, or above, who is in charge of the disciplinary confinement unit for a particular shift.

(f) Institutional Classification Team (ICT) ‒ refers to the team consisting of the warden or assistant warden, classification supervisor, chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing, and inmate status decisions at an institution or facility and for making other classification recommendations to the State Classification Office. At private facilities, the Department’s representative is to be considered a fourth member of the ICT when reviewing all job/program assignments, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department’s representative is final.

(g) Offender Based Information System (OBIS) – refers to an electronic data system used by the Department to record and retrieve offender information.

(h) Review – refers to the evaluation of pertinent information or documentation concerning an inmate’s disciplinary confinement status to determine if changes or modifications in the confinement status are required or recommended.

(i) Security Pen ‒ refers to a specially designed flexible ink pen that bends under pressure and has a tip that retracts under excessive pressure.

(j) Senior Correctional Officer – refers to a staff member with the rank of correctional officer lieutenant or above.

(k) Shift Supervisor ‒ refers to the correctional officer in charge of security on any work shift.

(l) Special Risk Inmate – refers to any inmate who has demonstrated behavior that is or could be harmful to himself or herself.

(m) State Classification Office (SCO) ‒ refers to the office or Department staff at the central office level that is responsible for the review of inmate classification decisions. Duties include approving, disapproving, or modifying ICT recommendations.

(n) Visit – unless the context dictates otherwise, refers to the official inspection and tour of a confinement unit by a staff member.

(2) Placement in Confinement.

(a) An Inmate shall be given a pre-confinement medical evaluation by medical staff prior to being placed in disciplinary confinement. Any inmate currently in another confinement status who received a pre-confinement medical assessment shall not be required to have another prior to placement in disciplinary confinement.

(b) When a pregnant inmate is placed in disciplinary confinement to protect the health and safety of the pregnant inmate or others, or to preserve the security and order of the institution, the senior correctional officer or above must make a report utilizing Form DC6-1015, Report of Placement in Restrictive Housing for Pregnant Inmates, clearly stating the following:

1. The individualized reason restrictive housing is necessary;

2. The reason less restrictive means are not available; and,

3. Whether a qualified healthcare professional at the correctional institution objects to the placement.

A copy of the report must be provided to the pregnant prisoner within 12 hours after placement in disciplinary confinement. Form DC6-1015 is incorporated by reference in Rule 33-602.220, F.A.C.

(3) Disciplinary Confinement Cells.

(a) Disciplinary confinement cells shall be physically separated from other confinement cells whenever possible. Whenever such location is not possible, physical barriers shall preclude the cross association of those inmates in disciplinary confinement with those inmates in other housing statuses. Disciplinary confinement cells shall be approximately the same square footage as cells utilized for housing inmates in general population. Disciplinary confinement units shall be built to permit verbal communication with and unobstructed observation by staff. Visual inspections shall be conducted of each cell, including, at a minimum, observations to identify clothes lines, pictures attached to the walls and lockers, windows or light fixtures covered with paper, clothes, or towels, and air and heater vents that have been obstructed. When sufficient natural light is unavailable, interior cell lights shall be left on during day and evening hours.

(b) Inmates shall not be housed in a disciplinary confinement cell in greater number than there are beds in the cell. The only exception to this policy is during an emergency situation as declared by the warden or duty warden. Any emergency situation shall be communicated to the regional director of institutions and to the Emergency Action Center in the central office. If this exception exists in excess of 24 hours, the warden or duty warden must get specific written authorization from the regional director of institutions to continue to house inmates beyond the 24-hour period in such conditions. Prior to placing inmates in the same cell, the inmates shall be reviewed by the housing supervisor to ensure that none of the inmates constitute a threat to any of the others.

(c) All disciplinary confinement cells shall be equipped with toilet facilities and running water for drinking and other sanitary purposes. Water in the cell can be turned off by correctional staff due to an inmate’s inappropriate behavior that causes an interruption in the water system or the intentional misuse of water for an unauthorized purpose. In such event, the inmate occupant shall be furnished an adequate supply of drinking water by other means to prevent dehydration. These actions shall be documented on Form DC6-229, Daily Record of Special Housing. Form DC6-229 is incorporated by reference in Rule 33-601.800, F.A.C.

(d) Prior to the inmate’s placement into, and after the inmate’s removal from, a disciplinary confinement cell, the cell shall be thoroughly inspected to ensure that it is in proper order and the inmate housed in that cell shall then be held responsible for the condition of the cell. The correctional officer conducting the inspection shall complete and sign Form DC6-221, Cell Inspection, attesting to the condition of the cell. Form DC6-221 is incorporated by reference in Rule 33-601.800, F.A.C. Routine searches of each cell are authorized at any time, but shall be conducted, at a minimum, each time an inmate is removed from the cell for a shower. All searches shall be documented on Form DC6-229, Daily Record of Special Housing. All inmates shall be searched prior to entering the disciplinary confinement unit and upon departure from the disciplinary confinement unit. All items entering the disciplinary confinement unit shall be thoroughly searched, including at a minimum, food carts and trays, laundry and linens, and inmate property.

(e) The officers assigned to a disciplinary confinement unit shall exercise care to maintain noise levels in the confinement unit at a reasonable level so as not to interfere with normal operating activities of the unit or institution.

(4) Conditions and Privileges.

(a) Clothing. Inmates in disciplinary confinement shall be provided the same clothing and clothing exchange as inmates in general population. Exceptions shall be made on an individual basis when evidence suggests it would be in the best interest of the inmate or security of the institution. In such cases, the exceptions shall be noted on Form DC6-229, Daily Record of Special Housing, and approved by the chief of security. Shower slides may be substituted for regulation shoes. Any item may be removed from the cell in order to prevent the inmate from inflicting injury to himself, herself, or to others, or to prevent the destruction of property or equipment. If an inmate’s clothing is removed, a modesty garment shall be immediately given to the inmate. If the inmate chooses not to wear the garment, the garment shall be left in the cell and this action shall be documented on Form DC6-229. Under no circumstances shall an inmate be left without a means to cover himself or herself.

(b) Bedding and Linens. Inmates in disciplinary confinement shall have bedding and linens issued and exchanged in the same manner as is provided to inmates in general population. Any exception shall be based on the potential threat of harm to an individual or a potential threat to the security of the institution. The shift supervisor or the confinement lieutenant must approve the action initially. All exceptions shall be documented on Form DC6-229, Daily Record of Special Housing, and the Chief of Security shall make the final decision regarding the appropriateness of the action no later than the next working day following the action.

(c) Personal Property. Inmates in disciplinary confinement shall be allowed to retain stamps, eyeglasses, hearing aids, personal watches, and rings unless they pose a potential threat of harm to an individual or a potential threat to the security of the institution. Inmates in disciplinary confinement may also possess religious items pursuant to the provisions of Rule 33-602.201, F.A.C. Inmates in disciplinary confinement may possess a tablet in accordance with Rule 33-602.900, F.A.C., and this rule. Inmates in disciplinary confinement may not possess a Walkman-type radio or batteries. If removal of any item in the inmate’s possession is determined necessary, the correctional staff shall document their actions on the Form DC6-229, Daily Record of Special Housing, which shall be approved by the chief of security. The correctional staff shall issue the inmate a receipt for his or her confiscated items by completing Form DC6-220, Inmate Impounded Property List. Form DC6-220 is incorporated by reference in Rule 33-602.201, F.A.C. Inmates in disciplinary confinement shall not possess any products that contain baby oil, mineral oil, cocoa butter, or alcohol.

(d) Comfort Items. Inmates in disciplinary confinement shall be afforded, at a minimum, the following comfort items: toothbrush, toothpaste, bar of soap, towel (or paper towels), toilet tissue, and feminine hygiene products for women.

(e) Personal Hygiene. Inmates in disciplinary confinement shall meet the following standards regarding personal hygiene:

1. At a minimum, each inmate in disciplinary confinement shall shower three times per week.

2. Any male inmate who elects to be clean shaven shall be clipper shaved three times per week. Any male inmate who elects to grow and maintain a half-inch beard shall have his beard maintained in accordance with Rule 33-602.101, F.A.C. The possession and use of shaving powder and battery-operated razors in disciplinary confinement is prohibited.

3. Hair care shall be the same as that provided to, and required of, inmates in general population.

(f) Diet and Meals. Inmates in disciplinary confinement shall receive meals representative of the food served to inmates in general population. Any food item that might create a security problem in the confinement unit shall be replaced with another item of comparable quality and quantity. Utilization of a special management meal is authorized for any inmate in disciplinary confinement who uses food or food service equipment in a manner that is hazardous to himself, herself, staff, or other inmates. The issuance of a special management meal shall be in accordance with Rule 33-602.223, F.A.C. Any deviation from established meal service or substitutions shall be documented on Form DC6-209, Housing Unit Log, and Form DC6-210, Incident Report. Form DC6-209 is incorporated by reference in Rule 33-601.800, F.A.C., and Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(g) Canteen Items. Inmates in disciplinary confinement shall be allowed to make canteen purchases once every other week. Items sold to inmates in disciplinary confinement shall be restricted for institutional safety and security. Non-indigent inmates shall be allowed to purchase deodorant, shower shoes, stamps, envelopes, security pens, and paper.

(h) Counseling Interviews. Inmates shall be allowed out of their cells to receive regularly scheduled mental health services as specified in an inmate’s ISP unless the inmate has displayed hostile, threatening, or other behavior during the past four hours that could present a danger to others. For the safety and security of individuals and the institution, security staff shall determine the level of restraint required while inmates in disciplinary confinement access services outside their cells.

(i) Visiting.

1. Inmates in disciplinary confinement shall be allowed visits only when specifically authorized by the warden or his or her designee.

2. When an inmate is denied visiting privileges or has special visiting restrictions due to placement in disciplinary confinement, the warden, pursuant to Rule 33-601.733, F.A.C., shall ensure:

a. That the inmate is provided the opportunity, at the inmate’s expense, to notify at least three approved visitors of the denial or restrictions before the next scheduled visiting day if the situation permits the inmate to do so, or that staff notifies visitors by telephone if the inmate is unable to do so.

b. That notification of visitors on the inmate’s behalf by staff is documented in the electronic record.

3. Inmates in disciplinary confinement are not allowed video visitation privileges as provided for in Rule 33-602.901, F.A.C.

(j) Legal visits. Attorney-client visits shall be allowed as provided in Rule 33-601.711, F.A.C., and shall not be restricted except on evidence that the visit would pose a potential threat to an individual or the security or order of the institution. The warden or his or her designee must approve all legal visits in advance.

(k) Legal Access.

1. Inmates in disciplinary confinement shall be permitted to have access to their personal legal papers and law books, to correspond with the law library, to have the law library deliver research materials to their cells, and to visit with certified inmate law clerks. Steps shall be taken to ensure that inmates are not denied needed legal access while in disciplinary confinement.

2. Indigent inmates shall be provided paper, envelopes, and security pens in order to prepare legal papers or notify visitors of confinement status. An inmate with disabilities that hinder the preparation of legal correspondence shall be allowed the use of auxiliary aids. An inmate who is provided an auxiliary aid shall also be allowed access to a certified law clerk for the purpose of preparing legal documents or legal mail, or filing a grievance.

(l) Telephone. Telephone privileges are allowed for emergency situations, when necessary to ensure the inmate’s access to attorneys or the courts, or in any other circumstances when a call is authorized by the warden or duty warden.

(m) Correspondence.

1. Inmates in disciplinary confinement shall be allowed routine correspondence privileges unless restricted as provided in Rule 33-601.308, F.A.C., Disciplinary Action. Inmates shall be encouraged to write their families to advise them of their anticipated visiting status. Indigent inmates shall be provided paper, envelopes, and security pens for this purpose.

2. Form DC6-236, Inmate Request, and Form DC1-303, Request for Administrative Remedy, shall be made available to inmates in disciplinary confinement at any time and the completed forms shall be transmitted to the addressee without delay. Forms DC6-236 and DC1-303 are incorporated by reference in Rule 33-103.011, F.A.C.

(n) Writing utensils. Inmates in disciplinary confinement may possess a maximum of four security pens. Inmates who are in possession of working pens or pencils when placed in disciplinary confinement shall be issued a security pen. Inmates who are not indigent must purchase additional security pens when needed from the canteen. If no security pens are available, the inmate shall be allowed to sign out a regular pen from the confinement housing officer. All care shall be taken to ensure that an indigent inmate who requests a pen has access to a pen for a time period sufficient to prepare legal documents or legal mail, to file a grievance, or to notify family of his or her confinement status. An inmate who has been provided an auxiliary aid shall be allowed access to such for the purpose of reading or preparing correspondence.

(o) Reading Material. Possession of scriptural and devotional reading materials that are in compliance with admissibility requirements in Rule 33-501.401, F.A.C., shall be permitted by those inmates in disciplinary confinement units unless they pose a potential threat to the safety, security, or sanitation of the institution. If it is determined that there is a safety, security, or sanitation risk, the items shall be removed. Such removal shall be documented on Form DC6-229, Daily Record of Special Housing, in accordance with paragraph (9)(b) of this rule. An inmate who receives services from the Bureau of Braille and Talking Book Library shall be allowed to possess a tape player and devotional and scriptural materials that are in compliance with this rule.

(p) Exercise.

1. Those inmates confined on a 24-hour basis, excluding showers and clinic trips, may exercise in their cells. However, if disciplinary confinement extends beyond a 30-day period, an exercise schedule shall be implemented to ensure a minimum of three hours per week of exercise out-of-doors. Such exercise periods shall be documented on Form DC6-229, Daily Record of Special Housing.

2. If the inmate requests a copy of the physical fitness program handout, the wellness specialist or confinement unit correctional officer shall provide the inmate with an in-cell exercise guide and document such on the Form DC6-229, Daily Record of Special Housing.

3. The ICT is authorized to restrict exercise for an individual inmate only when the inmate is found guilty of a major rule violation as defined in Rule 33-602.220, F.A.C. Inmates shall be notified in writing of this decision and may appeal through the grievance procedure. The denial of exercise shall be for no more than 15 days per incident and for no longer than 30 days cumulative length and shall be documented on Form DC6-229, Daily Record of Special Housing. Exceptions to this restriction may be made only when documented facts show that such exercise periods should not be granted. Restrictions may also be placed on the exercise periods by professional medical staff. A disabled inmate who is unable to participate in the normal exercise program shall have an exercise program developed for him or her that will accomplish the need for exercise and take into account the particular inmate’s limitations. The reasons for any exercise restrictions shall be documented on Form DC6-229.

(q) Weighing. Inmates shall be weighed upon entering disciplinary confinement, at least once a week while in disciplinary confinement, and upon leaving disciplinary confinement. The weight of the inmate shall be documented on Form DC6-229, Daily Record of Special Housing.

(r) If items of clothing, bedding, or property are removed in order to prevent an inmate from inflicting injury to himself or herself or others, to prevent destruction of property or equipment, or to prevent the inmate from impeding security, staff from accomplishing functions essential to the unit and institutional security, staff shall re-assess the need for continued restriction every 72 hours thereafter. The warden, based on this assessment, shall make the final determination on the continued denial or return of the items. The items shall be returned to the inmate when no further behavior or threat of behavior of the type leading to the restriction is occurring.

(s) Inmates in disciplinary confinement are permitted limited access to kiosks, kiosk services, or tablet services as provided for in Rule 33-602.900, F.A.C. Access shall be limited to free books and games, educational materials, programs, religious materials, incoming secure mail with attachments, wellness material, and scanned routine mail as defined in Rule 33-210.101, F.A.C.

(5) Restrictions.

(a) Any privilege listed in subsection (4), except access to essential health items (including prescribed medication) and receiving and sending legal mail or grievance forms, shall be subject to restriction when an inmate’s conduct and behavior become unmanageable to the point that the inmate is posing a potential threat to the safety and security of himself or herself, others, or the institution.

(b) When any privilege is restricted or any item is removed from an inmate’s cell, the action taken must be approved by the shift supervisor or confinement lieutenant. The action taken and the reason for it shall be documented on Form DC6-229, Daily Record of Special Housing. A copy of Form DC6-220, Inmate Impounded Property List, shall be issued to the inmate as a receipt for any property taken. This action must be reviewed and approved by the chief of security no later than the next working day following the action.

(6) Restraint and Escort Requirements.

(a) Prior to opening a cell door for any reason, including exercise, medical or disciplinary call-outs, telephone calls, recreation, and visits, all inmates in the cell shall be handcuffed behind their backs, unless documented medical conditions require that an inmate be handcuffed in front. In such cases, waist chains shall be used in addition to the handcuffs and the escort officers shall be particularly vigilant.

(b) A minimum of two officers shall be physically present at the cell whenever a cell door is opened.

(c) Prior to escorting an inmate from a cell, the inmate shall be thoroughly searched. If the inmate is being taken outside the immediate housing unit, leg irons and other appropriate restraint devices shall be applied.

(d) After the required restraints are applied, the inmate has been thoroughly searched, and the cell door has been secured, the second officer is authorized to leave the area.

(e) If two inmates are being escorted from the same cell, both inmates can be escorted at the same time, provided that the second officer remains to escort the second inmate and no other movement is occurring on the wing. During all other situations, only one inmate at a time shall be escorted on each confinement wing.

(7) Visits to Disciplinary Confinement.

(a) The following staff members are required to officially inspect and tour the disciplinary confinement unit. All visits by staff, other than the 30-minute checks described in subparagraph (a)1. below, must be documented on Form DC6-228, Inspection of Special Housing Record. Form DC6-228 is incorporated in Rule 33-601.800, F.A.C. The staff member must also document his or her visit on Form DC6-229, Daily Record of Special Housing, if any discussion of significance, any action or behavior of the inmate occurs, or any important information is obtained that may have an influence or effect on the inmate’s status of confinement. These visits shall be conducted a minimum of:

1. Every 30 minutes by a correctional officer, but on an irregular schedule. These checks must be documented on Form DC6-209, Housing Unit Log.

2. Daily by the housing supervisor.

3. Daily by the shift supervisor on duty for all shifts except in the case of riot or other institutional emergency.

4. Weekly by the chief of security, when on duty at the facility, except in the case of riot or other institutional emergency.

5. Daily by a clinical health care personnel.

6. Weekly by the chaplain. The chaplain is also authorized to provide spiritual guidance and counsel to inmates in disciplinary confinement and may distribute religious materials.

7. Weekly by the warden and assistant wardens.

8. As frequently as necessary, but not less than once every 30 days, by a member of the ICT to ensure that the inmate’s welfare is properly provided for and to determine the time and method of release.

9. The SCO shall visit every inmate housed in disciplinary confinement, longer than sixty consecutive days, excluding close management inmates, as frequently as necessary to ensure that the inmate’s welfare is provided for and to determine if the inmate should be released.

(b) Classification officers must visit each inmate on his or her caseload each week and document the visit on Form DC6-229, Daily Record of Special Housing. The classification officer must record the inmate’s status, upcoming reviews, issues, discussions of significance, action or behavior of the inmate, or any other important information that may have an influence or effect on the inmate’s status of confinement.

(c) Any inmate who has demonstrated behavior that is or could be harmful to himself or herself shall be designated as a special risk inmate. If the inmate exhibits bizarre, mentally disordered, or self-destructive behavior, the medical department shall be immediately contacted by correctional staff to determine if special watch or self-harm observation procedures should be initiated. Suicidal inmates shall be removed to a designated area where a correctional officer or medical staff can provide observation. Visual checks shall be made in accordance with medical protocols or at least every 30 minutes and shall be documented on Form DC4-650, Observation Checklist, until the inmate is no longer considered a special risk inmate. Form DC4-650 is incorporated by reference in Rule 33-602.220, F.A.C. All actions taken by staff regarding special risk inmates shall be documented on Form DC6-229, Daily Record of Special Housing, and Form DC6-210, Incident Report. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C.

(8) Review and Release from Disciplinary Confinement.

(a) A member of the ICT shall review the cases of inmates in disciplinary confinement every week. The goal shall be toward returning an inmate to general population as soon as the facts of the case indicate that this can be done safely.

(b) Any inmate assigned to disciplinary confinement for more than 30 days shall be given a psychological screening assessment by a mental health professional to determine the inmate’s mental condition. The assessment shall include a personal interview if deemed necessary by the mental health professional. All such assessments shall be documented in the mental heath record. The psychologist or psychological specialist shall prepare a report to the ICT regarding the results of the assessment with recommendations. The ICT shall then make a decision regarding continuation of confinement. If the decision is to continue confinement, a psychological screening assessment shall be completed at least every 90 days.

(c) If an inmate is housed in disciplinary confinement for more than 60 days, the ICT shall interview the inmate and prepare a formal assessment and evaluation report. A formal assessment and evaluation report must be prepared after each consecutive 60-day period the inmate is housed in disciplinary confinement. Such reports may be in a brief paragraph form on the Classification Log in OBIS detailing the basis for confinement, what has transpired since the last report, the decision concerning continued disciplinary confinement, and the basis for that decision. Close management inmates in disciplinary confinement status must be included in the formal assessment.

(d) The SCO shall review the report prepared by the ICT and the psychologist or psychological specialist concerning the inmate’s disciplinary confinement at the next on-site visit, and shall interview the inmate before determining the final disposition of the inmate’s disciplinary confinement.

(e) The housing supervisor is authorized to have an inmate released from disciplinary confinement upon completion of his or her disciplinary confinement time, unless the ICT has determined that a need exists to modify the inmate’s status to administrative confinement.

(9) Daily Record of Segregation.

(a) Form DC6-229, Daily Record of Special Housing, shall be maintained for each inmate as long as the inmate is in disciplinary confinement.

(b) Form DC6-229 shall be utilized to document any activity such as cell searches, items removed, showers, weighing of inmates, recreation, haircuts, and shaves, and unusual occurrences such as refusal to come out of a cell or refusal to eat. If items that inmates in disciplinary confinement are not prohibited from possessing are denied or removed from the inmate, the shift supervisor or the confinement lieutenant must approve the action initially. The central office ADA coordinator shall be contacted within 24 hours if any item is removed that would be considered an auxiliary aid or device that ensures a disabled inmate an equal opportunity as a non-disabled inmate. The items denied or removed shall be documented on Form DC6-229 and the chief of security shall make the final decision regarding the appropriateness of that action no later than the next working day following the action. The housing supervisor shall make a notation of any unusual occurrences or changes in the inmate’s behavior and any action taken. Changes in housing location or any other special action shall also be noted. Form DC6-229 shall be maintained in the housing unit for 30 days. After each 30-day review by a member of the ICT, Form DC6-229 shall be forwarded to classification to be filed in the institutional inmate record.

(10) Form DC6-229B, Daily Record of Special Housing – Supplemental, shall be completed and attached to the current Form DC6-229, Daily Record of Special Housing, whenever additional written documentation is required concerning an event or incident related to the specific inmate. Form DC6-229B is incorporated by reference in Rule 33-601.800, F.A.C.

(11) Inspection of Special Housing Record.

(a) Form DC6-228, Inspection of Special Housing Record, shall be maintained in each disciplinary confinement unit.

(b) Each staff person shall sign the form when entering and leaving the disciplinary confinement unit. Prior to leaving the disciplinary confinement unit, each staff member shall indicate any specific problems, including identification of any inmate who requires special attention. No other unit activities shall be recorded on Form DC6-228.

(c) Upon completion, Form DC6-228 shall be maintained in the housing unit and shall be forwarded to the chief of security on a weekly basis where it shall be maintained on file pursuant to the current retention schedule.

(12) Form DC6-209, Housing Unit Log, shall be maintained in each disciplinary confinement unit. Officers shall record all daily unit activities on Form DC6-209, including any special problems or discrepancies noted. The completed Form DC6-209 shall be forwarded daily to the chief of security for review.

(13) Staffing issues.

(a) Officers assigned to a disciplinary confinement unit shall be reviewed at least every 18 months. The shift supervisor or confinement lieutenant shall initiate the review by having the officer complete section I of Form DC6-295, Special Housing Unit Rotation Review. Form DC6-295 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is June 25, 2008. The supervisor shall conduct an interview with the officer and complete section II of Form DC6-295 and forward the form to the chief of security. The chief of security shall review personnel records, including performance appraisals, incident reports, use of force reports, and any other documentation relevant to the officer’s assignment and job performance, and interview the officer and the officer’s supervisors for the period of review when necessary. The chief of security shall, upon completion of his or her review, complete section III of Form DC6-295 and forward the recommendation to the warden. The warden shall review the recommendation, request additional information if necessary, and make the final determination as to whether the officer continues in the current assignment or is rotated to another assignment. The warden’s decision shall be documented in section IV of Form DC6-295 and returned to the chief of security for action. The chief of security shall maintain the completed Form DC6-295. Any officer assigned to a confinement post shall be authorized a minimum period of five days annual leave or a five-day assignment to a less stressful post every six months.

(b) The Inspector General shall notify the warden and regional director of institutions of any officer involved in eight or more use of force incidents in an 18-month period. The regional director of institutions shall review the circumstances for possible reassignment of the officer.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.241 FS. History–New 3-12-84, Formerly 33-3.084, Amended 7-10-90, 4-28-96, 12-7-97, 3-23-99, Formerly 33-3.0084, Amended 2-12-01, 2-15-02, 4-1-04, 1-16-06, 10-31-06, 6-25-08, 6-8-09, 7-5-10, 3-6-14, 8-17-16, 1-18-21, 6-1-21, 10-6-22.

33-602.223 Special Management Meal.

(1) Definition. The special management meal is a specially prepared meal designed to be utilized as a management tool in order to maintain a clean, safe and healthful environment in confinement areas.

(2) Requirements for Utilization of Special Management Meal.

(a) The special management meal shall meet the recommended dietary allowances established by the Food and Nutrition Board of the National Research Council.

(b) The special management meal shall meet the religious and medical needs of inmates on special religious and medical diets.

(c) The special management meal shall be served and prepared in a sanitary manner.

(d) The special management meal shall be served 3 times a day at the normal times for feeding inmates in confinement.

(e) Water and the nutrient drink which is served to the general population shall be the only beverages served with the special management meal unless the chief health officer prescribes a substitute beverage for medical reasons.

(f) The special management meal is authorized for use at all institutions. The Bureau of Contract Management and Monitoring shall provide orientation in the preparation and service of the special management meal. The Director of Institutional Operations and Intelligence, based on documentation from the Bureau of Contract Management and Monitoring, shall certify to the Assistant Deputy Secretary of Institutions, the warden, and the food service director the successful completion of special management meal preparation and service training. Certification is required before the institution is authorized to use the special management meal. The special management meal will then be authorized for use on a case-by-case basis at those institutions as provided in this rule.

(3) Inmates in any confinement status may be placed on the special management meal for creating a security problem by any of the following acts:

(a) The throwing or misuse of food, beverage, food utensils, food tray, or human waste products;

(b) Spitting at staff;

(c) The destruction of food trays or utensils;

(d) Any other acts that would place staff in jeopardy if a serving tray or utensils were provided.

(4) Placement on the Special Management Meal.

(a) When any employee observes inmate behavior the employee believes meets the criteria for application of the special management meal, the employee shall prepare Form DC6-218, Special Management Meal Report, and forward the report to the chief of security for review. Form DC6-218, Special Management Meal Report, 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, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://flrules.org/Gateway/reference.asp?No=Ref-17919. The effective date of this form is 03/25.

(b) If the chief of security determines that the behavior cannot be corrected through routine counseling or by established disciplinary procedures, a discussion shall take place at the inmate’s cell between the inmate, the officer in charge, and the reporting officer, if needed. The officer in charge shall complete the discussion section of the Special Management Meal Report. The Special Management Meal Report shall document the reasons for recommending the special management meal and shall include a summary of the inmate’s comments or objections. When an inmate has been recommended for placement on the special management meal, the chief health officer or his or her designee shall indicate on the Special Management Meal Report whether there is any medical reason that would prohibit placing the inmate on special management meal status. When there is a medical problem, the chief health officer or his or her designee shall determine whether the inmate can be placed on the special management meal or whether an alternative special meal can be prescribed. No inmate shall be placed on special management meal status without medical concurrence. The chief of security shall then forward the report to the warden for approval.

(c) The warden or duty warden shall approve or disapprove all recommendations for placement on the special management meal based on the criteria set forth in subsection (2), above.

(5) Canteen privileges authorized by Rules 33-602.220 and 33-601.800, F.A.C., for inmates in administrative confinement and close management status shall be suspended for the duration of the period that an inmate is on special management meal status.

(6) The chief of security and a designated clinical health care person shall visit each inmate on special management meal status daily, except in case of riot or other institutional emergency. The shift supervisor shall act as the chief of security’s designee and shall conduct the daily visit in the chief’s absence. The purpose of the daily visit is to follow the inmate’s progress while on the special management meal and to determine when the inmate should be removed from special management meal status.

(7) An inmate may be removed from special management meal status at any time based on:

(a) The recommendation of the chief of security and the approval of the warden; or

(b) Medical reasons as determined by the chief health officer or his or her designee.

(8) An inmate may be placed on the special management meal for a maximum of 7 days before being returned to regular meals for a minimum of one day. If an inmate engages in any of the behavior described in subsection (2), above, after being returned to regular meals, the inmate may be placed on special management meal status again by following the above procedures.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 1-12-88, Amended 3-4-92, 5-27-97, 11-25-98, Formerly 33-3.0085, Amended 8-1-00, 1-2-02, 11-3-03, 2-18-04, 12-10-09, 6-30-13, 3-26-25.

33-602.224 Holding Cells.

(1) A holding cell is a secure environment utilized for the temporary detainment of an inmate.

(2) All holding cells must be in compliance with the following requirements:

(a) Have sufficient seating affixed to the floor or wall for each occupant of the cell;

(b) Be sheltered;

(c) Have artificial or natural lighting levels sufficient to provide monitoring of the inmate’s activities;

(d) Have a securable handcuff port;

(e) Be constructed of materials sufficient to contain the inmate and prevent escape; and,

(f) Be in compliance with the State Fire Marshal’s code.

(3) Holding cells are designed to aid staff in daily operations and are not to be used for discipline. Holding cells are to be used only as temporary detention areas for the following purposes:

(a) Transfer;

(b) Medical appointments;

(c) Interviews;

(d) Separation of combatant inmates; and,

(e) Other reasons determined by the Warden or Duty Warden which are necessary for orderly facility operation and maintenance of security.

(4) A holding cell log will be maintained at the holding cell location. Each institution will be responsible for recording the reasons for placement in the cell, the length of time held in cell, and the record of frequent checks.

(5) The inmate will not remain in the cell for longer than four continuous hours or six cumulative hours in a twenty-four hour period without the approval of the warden or duty warden.

(6) A physical check shall be made of the inmate at least once every thirty minutes by a correctional officer. Checks will be documented on the holding cell log. If a log has not been initiated, the checks will be documented on the housing unit log.

(7) Access to personal needs will be provided as follows:

(a) Access to toilet facilities will be provided upon request for inmates in cells that have no facilities.

(b) Drinking water will be provided to the inmates in holding cells at all times, unless this presents a security concern. If water is withheld, it will be documented on the log.

(c) Meals will be served in conjunction with confinement meals.

(8) Inmates will not be placed in holding cells for the purpose of administering chemical agents.

(9) An inmate who is placed in a holding cell in response to a medical or mental health emergency or while awaiting admission to a medical or mental health unit shall not be left unattended at any time. Inmates declaring a medical or psychological emergency while in a holding cell shall not be left unattended at any time. Medical personnel shall be notified immediately. Medical personnel attending to an inmate in a holding cell will sign the holding cell log. If no log has been initiated, the information will be documented on the housing unit log. If the holding cell is in an area that does not have a housing unit log, a notation will be made on the control room log.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 2-3-00, Amended 8-7-03, 10-24-04, 1-8-06.

33-602.230 Institution Visits and Tours and Programs for the Public.

(1) Individuals or groups of individuals desiring a tour of a correctional facility will submit a formal request to the warden outlining the following:

(a) Name, age and address of all individuals requesting approval of a tour;

(b) Purpose of tour;

(c) Date and time of requested tour; and,

(d) Name and address of those to participate in the tour.

(2) Requests will be submitted to the warden of the facility to be toured as far in advance of the desired tour as possible so there will be sufficient time for review, approval, schedule adjustments and notification.

(3) Prior to any group touring a Department facility there shall be an orientation session conducted by a member of the facility staff. The orientation session shall consist of presentation of information and rules concerning the facility, the manner in which the tour will be conducted, the importance of an accurate count procedure, matters related to contraband, the importance of remaining with the group, limitations upon interactions with the inmate population, and other security matters. Any member of the group failing to adhere to the rules established for the tour shall be removed from the tour.

(4) The warden shall not discriminate on the basis of race, creed, color or national origin, but otherwise may deny a requested tour for any reason where approval would cause an adverse impact on the security and orderly operation of the facility.

(5) The following guidelines shall be adhered to in conducting tours, in making presentations and in providing programs for the public.

(a) The warden, correctional officer chief or office administrator shall designate a staff member to supervise and coordinate tours, programs and presentations for each institution, facility or office. All tours, programs and presentations shall be scheduled by the administration so as not to interfere with or disrupt daily operations. The supervisor or coordinator shall be responsible for:

1. The scheduling of all tours, programs and presentations;

2. Providing appropriate supervision;

3. Advising outside sponsors of the guidelines contained in this section;

4. Ensuring that department personnel are physically present during the tour, presentation or program, along with the outside sponsor;

5. Answering questions of the group.

(b) Those outside visitors who are approved to participate in tours of department facilities or programs at various department locations shall be 18 years of age or older.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23 FS. History–New 10-16-83, Formerly 33-5.12, Amended 7-27-89, 3-8-98, Formerly 33-5.012, Amended 4-25-02, 7-2-03, 10-22-13, 10-28-14.

33-602.231 Use of Cameras by Visitors.

(1) The use of cameras on state property by visitors is prohibited without the express consent of the warden. The warden is authorized to approve camera use on a case-by-case basis when it is determined that it would not be detrimental to the security and order of the institution.

(2) The photographing of any part of the institution’s physical structure while on state property is prohibited, except that:

(a) Media officials shall be allowed to take photographs from areas designated by the warden based on security concerns; and

(b) Officially designated department staff shall be allowed to photograph areas of the physical structure of the institution for investigation, construction or security purposes.

(3) Areas in which the general public is prohibited from taking photographs shall be clearly posted and identified in the institution’s visiting policies and operating procedures.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-16-98, Formerly 33-5.0092.

33-602.232 Contractors, Vendors and Volunteer Visitors.

(1) Wardens shall establish operating procedures to ensure that the security of the facility is not compromised through the introduction of individuals not employed by the department. These procedures shall include identification measures, sign-in requirements, escort requirements and other such measures related to the security of the institution.

(2) Volunteers screened and cleared by the department may not require constant staff presence. Volunteers shall participate in an orientation training session designed to acquaint the volunteer with the rules and regulations of the institutions, expectations of the volunteer program, contact persons for any questions or problems, and other such issues that will better prepare the volunteers to effectively carry out their volunteer efforts.

(3) Wardens are authorized to restrict the movement of contractor employees within a security perimeter to only those areas specifically designated for work activity. This may be designated by fence separation or other separation barriers. An orientation session shall be conducted with the contractor and the contractor’s employees to explain the security requirements of the institution so that the contract can be fulfilled and the security of the institution maintained. Such orientation would include such issues as off-limits areas, escort requirements, prohibition against fraternization with inmates, identification of a contact person for problems or questions, explanation of contraband policy, explanation of search procedures, explanation of identification procedures, and other such issues that impact security.

(4) Wardens are authorized to establish restrictions for delivery personnel. Delivery personnel shall be advised as to these restrictions and requirements while on the grounds of the institution.

(5) Wardens are authorized to take action to protect the security of the institution, including placing additional restrictions on the activities of the volunteers, contractors or vendors; removal from the facility; denial of future entry; confiscation of department-provided ID’s, requiring mandatory refresher orientation; conducting random search procedures and other such measures necessary to preserve the security and order of the institution.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 3-8-98, Formerly 33-5.015.

33-602.601 Correctional Officer Uniform Requirements.

The following are conditions and requirements for wearing correctional officer uniforms:

(1) Correctional officers shall be issued and required to wear uniforms as designated by the Secretary according to job assignment, security, and institutional operations. Correctional officers’ uniforms shall consist of: shoes; socks; pants or skirt; belt; undershirt; shirt; tie; safety equipment and apparel; equipment accessories; decorum (hash marks, patches, rank insignia, badges, pins, whistle); and if necessary, raingear, windbreakers, jackets, hats, or gloves. Uniforms shall be worn in a complete or full manner at all times while an employee is performing official duties. The uniform or any parts of it furnished by the department shall not be worn during off-duty hours or when an employee is not acting in an official capacity, except when traveling directly to and from work. No part of the uniform may be duplicated by an employee for any purpose.

(2) Employees are solely responsible for alterations to and care of uniforms and clothing issued by the department. The department shall only be responsible for cleaning the uniform issued for deployment to correctional emergency response teams and rapid response teams.

(3) The following uniform accessories shall be provided by the correctional officer:

(a) Shoes;

(b) Boots (except for C.E.R.T. and Rapid Response Teams, Canine, Boot Camp staff, and extended day staff);

(c) Belts;

(d) Socks or stockings; and,

(e) Gloves.

(4) The following uniform components will be issued by the Department:

(a) Shirts;

(b) Trousers;

(c) Outer Coat;

(d) Cap;

(e) Glove pouch; and,

(f) Tie.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 12-12-04.

33-602.602 Relief Factor for Staffing Security Posts.

The formula contained in this section will generate a “relief factor” which is to be used in the department’s budgets and operations to determine the number of correctional officer positions needed to staff approved security posts.

(1) The formula is: the workdays required annually to staff a security post divided by the workdays available annually per correctional officer equals the “relief factor.”

(2) The formula’s components are:

(a) The workdays required annually to staff a security post 5 days per week total 261 days;

(b) The workdays required annually to staff a security post 7 days per week total 365 days;

(c) The workdays available annually per correctional officer are 365 days, less 104 normal days off, less authorized holidays, and less the average leave and training days used by correctional officers during the preceding year.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 4-29-86, Amended 6-19-90, Formerly 33-4.008, Formerly 33-208.201.

33-602.603 Employment Gender Policy for Security Positions.

(1) In accordance with 42 USC 2000e, et seq., the Department of Corrections shall not engage in any act or practice which has the purpose or effect of unlawfully discriminating against any female employee or any female applicant or potential applicant for employment in the Florida Department of Corrections in a security position because of such individual’s sex. The department shall seek to achieve the employment of females in security positions in the department in proportions approximating their interest in and ability to qualify for such positions. This shall not be interpreted as to require the hiring of unnecessary personnel or the hiring, transfer, or promotion of any person who is not qualified.

(2) For the purposes of this rule, the following definitions shall apply:

(a) Correctional Officer – means the entry-level position of Correctional Officer and the position of Correctional Officer Sergeant in the department assigned to security, unless otherwise indicated.

(b) Correctional Officer Supervisor – refers to the promotional line of progression in correctional officer positions, i.e., Correctional Officer Lieutenant, Correctional Officer Captain, Correctional Officer Major and Correctional Officer Colonel, or their equivalent designations.

(c) Security positions, posts, shifts or assignments – refers to those positions, posts, shifts or assignments where correctional officers within the Department of Corrections’ security department serve.

(d) Correctional facility – refers to all institutions or facilities which are now operational or become operational within the department, and which are administered directly by the Department of Corrections.

(3) All security positions, posts, shifts and assignments at all Department of Corrections’ facilities shall be open to women on an equal basis with men, except that the Secretary of the Department or his designee may designate certain security positions as gender specific to the inmates being supervised based on the privacy and security interests of inmates, staff, and the general public. In designating specific security positions, posts or assignments within an institution which are to be gender specific, the secretary or his designee shall consider whether such post, position or assignment was previously open to or staffed by female correctional officers or supervisors. No female correctional officer or supervisor currently in such position, post or assignment shall be involuntarily reassigned, transferred or otherwise removed on the basis of gender.

(4) All females currently holding security positions in the department who are otherwise eligible for promotional security positions shall be considered eligible for those promotional positions regardless of their lack of prior experience in housing or other assignments involving significant contact with offenders.

(5) No person shall be retaliated against or adversely affected because that person has opposed discriminatory policies or practices by the department or because of that person’s participation or cooperation with the initiation, investigation, litigation or administration of any claim of unlawful gender discrimination.

Rulemaking Authority 20.315, 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 12-20-92, Formerly 33-4.011, Formerly 33-208.301.

33-602.701 Use of Blue Lights and Sirens.

(1) Authorized Emergency Vehicles.

(a) The following vehicles will be authorized as emergency vehicles pursuant to section 316.003, Florida Statutes, and will be equipped with both blue lights and a siren to be operated in accordance with this rule:

1. Designated emergency response vehicles assigned to the Office of the Inspector General.

2. Primary and secondary canine vehicles, not to exceed three (3) vehicles per facility.

3. Vehicles specifically designated for use to “trail” EMS transports, not to exceed two (2) vehicles per facility.

4. Other vehicles designated by Secretary or designee.

(b) Vehicles equipped with blue lights only (no siren) are not considered emergency vehicles for purposes of this rule.

(2) Use of Blue Lights Only.

(a) Blue lights may be used without a siren as a visual alert to the general public when:

1. Responding to escapes from secure custody, except as provided in paragraph (3)(d) of this rule.

2. Responding to medical emergencies at external work areas.

3. Responding to riots, disturbances, or other similar incidents.

4. Responding to natural disasters.

5. Establishing a perimeter.

6. Participating in escape simulation drills or other similar drills where a visual warning may be necessary to alert the public.

7. Working in accord with local law enforcement agencies.

(b) The Secretary or designee may authorize non-emergency vehicles owned, operated, or leased by the Department to be equipped with blue lights only (no siren) for the specific purposes listed in this subsection.

(c) Under no circumstances will any vehicle displaying blue lights only, without the use of a siren, exceed posted speed limits or disregard traffic laws.

(3) Use of Blue Lights and a Siren.

(a) Only emergency vehicles authorized under subsection (1) of this rule will be equipped with a siren.

(b) Under no circumstances will a siren or other audible device be operated alone without a display of blue lights.

(c) Blue lights and a siren may be operated in unison when:

1. Responding to escapes from secure custody, except as provided in paragraph (3)(d) of this rule.

2. Providing armed escort to emergency vehicles such as ambulances transporting inmates when those emergency vehicles are operating lights and sirens.

3. Working with other law enforcement agencies in emergency situations, when such assistance has been requested by the law enforcement agency.

(d) In addition to the circumstances listed in paragraph (3)(c), emergency response vehicles assigned to the Office of the Inspector General may use blue lights and a siren in unison when responding to a life-threatening emergency as a first responder while traveling to or on Department-owned or Department-leased property or while traveling to or on the property of a contractor-operated correctional facility.

(e) The driver of an emergency vehicle equipped with both blue lights and a siren may exercise the following privileges granted by Section 316.072, F.S., when responding to an emergency call, unless otherwise directed by a law enforcement officer:

1. Park or stand, irrespective of other provisions in Chapter 316, F.S.

2. Proceed past a red or stop signal or a stop sign, but only after slowing down as may be necessary for safe operations.

3. Exceed the maximum speed limits, so long as the driver does not endanger life or property.

4. Disregard regulations governing direction or movement or turning in specified directions, so long as the driver does not endanger life or property.

(f) The foregoing provisions will not relieve the driver from the duty to drive with due regard for the safety of all persons, nor will such provisions protect the driver from the consequences of his or her reckless disregard for the safety of others. Additionally, all staff engaged in any emergency response situation must comply with the following procedures:

1. Stop for all stop signs and red traffic lights and proceed only after all other vehicles have yielded the right-of-way.

2. Speed will not exceed 15 MPH over the posted speed limit unless circumstances exist that would provide for the safe operation of the vehicle at higher speeds and the gravity of the situation so warrants. Speed entering and exiting a tollbooth shall never be greater than the posted speed limit or if not posted 15 MPH.

3. In the event of an equipment failure that could result in the unsafe operation of a vehicle during an emergency response mode, the emergency response mode must be terminated, and the appropriate institution’s control room will be notified. If such equipment failure involves an Office of the Inspector General-designated emergency response vehicle, the driver must notify his or her supervisor upon terminating the emergency response mode.

(4) Use of Vehicles in Recapture Efforts.

(a) The Department has a “no motor vehicle pursuit” policy. Motor vehicle pursuits will be handled by the law enforcement agencies involved in the recapture efforts.

(b) If an escapee is detected and flees in a motor vehicle, the detecting correctional officer or Office of the Inspector General personnel will immediately communicate this information to the assisting agencies and allow them to take over any pursuit of a motor vehicle.

(c) The detecting correctional officer or Office of the Inspector General personnel will obtain as much descriptive information as possible about the suspect vehicle (location, direction of travel, color, make of vehicle, model of vehicle, tag, and occupant description).

(5) Responsibilities.

(a) It will be the responsibility of the appropriate assistant deputy director, regional director, warden, or Inspector General to:

1. Ensure all officers and Office of the Inspector General personnel assigned as drivers of emergency vehicles authorized under subsection (1) of this rule are properly trained in the safe operation of emergency vehicles and have completed an emergency vehicle operations course or a reasonable equivalent as approved by the Department.

2. Ensure all officers and Office of the Inspector General personnel assigned as drivers of emergency vehicles authorized under subsection (1) of this rule maintain American Safety and Health Institute CPR certification or its equivalent.

3. Ensure all emergency and non-emergency vehicles authorized under this rule are maintained in good condition.

4. Ensure all officers and Office of the Inspector General personnel assigned as drivers of emergency or non-emergency vehicles authorized under this rule have not, within the past three years, been convicted of reckless driving or driving under the influence of alcohol or controlled substances and have not had their driver’s license suspended under the point system provided for in Chapter 322, F.S.

5. Ensure all officers and Office of the Inspector General personnel assigned as drivers of emergency or non-emergency vehicles authorized under this rule possess a valid State of Florida driver’s license.

6. Ensure that all drivers of emergency or non-emergency vehicles authorized under this rule are periodically inspected for continued compliance with the provisions of this subsection.

(b) It will be the responsibility of the driver of any emergency or non-emergency vehicle authorized under this rule to:

1. Advise his or her supervisor of any change to his or her driving status, including but not limited to license suspension.

2. Advise his or her supervisor of any physical or mental defect, disease, or condition that would adversely affect or impair his or her ability to drive an emergency vehicle. This includes the use of prescription or over the counter medication that may impair a person’s reaction time, cause drowsiness, or result in any other mental or physical impairment.

3. Comply with all provisions of this rule and state Uniform Traffic Control laws of Chapter 316, F.S.

(6) Training.

(a) The Bureau of Staff Development will design and implement an emergency vehicle operation course of no less than sixteen hours. This training will mirror that which is currently afforded law enforcement students in certified law enforcement academies. This course may be condensed to better suit the Department’s needs; however, it will provide students with advanced driving techniques and a clear understanding of current law and legal expectations.

(b) Correctional officers and Office of the Inspector General personnel who have attended and successfully completed a certified law enforcement crossover course and have their certificates of certification as law enforcement officers on file with the Department will be required to complete only the 4-hour classroom portion of the 16-hour training course. In the event there is no cross over emergency vehicle operation course, the additional Department training described in paragraph (6)(a) of this rule will be required.

(c) The Bureau of Staff Development will ensure this course is updated annually or as needed based on current state Uniform Traffic Control laws, Chapter 316, F.S.

(d) The course of study will be mandatory for all persons prior to operating any vehicle equipped with both blue lights and a siren and will be documented in each person’s personnel file and training record.

(e) Wardens, regional directors, and other staff authorized by the Secretary or designee may operate non-emergency vehicles equipped with blue lights only (no siren) without completing the emergency vehicle operation course.

Rulemaking Authority 944.09 FS. Law Implemented 316.003, 316.006, 316.072, 316.2397, 316.271 FS. History–New 6-16-08, Amended 10-29-08, 8-18-25.

33-602.900 Kiosks and Tablets

(1) General Provisions. This rule applies to the possession and use of kiosks, tablets, and related services. Access to a kiosk, tablet, kiosk services, and tablet services is a privilege and not a right afforded to inmates or others.

(2) Definitions.

(a) “Approved Visitor” – where used herein and as defined in Rule 33-601.713, F.A.C., refers to any person who is approved by the assigned institutional classification officer, warden, or duty warden to visit an inmate and whose approval is documented in the automated visiting record.

(b) “Communications Center” – where used herein, refers to the secure electronic communication portal provided by the vendor that inmates may use to communicate with the vendor or the Department, as designated by the Department.

(c) “Correspondent” – where used herein, refers to any person eighteen years of age or older, who is not restricted or suspended from contacting or being contacted by a given inmate by statute, rule, procedure, court order, or conditions of supervision, and who wants to communicate with an inmate in the custody of the Department through the use of kiosk or tablet services.

(d) “Electronic Card” (eCard) – where used herein, refers to a digital greeting card sent electronically to or from an inmate.

(e) “Electronic Communication” (eCommunication) – where used herein, refers to authorized forms of electronic communication offered through kiosk and tablet services, including secure mail, eCards, photos, and videograms.

(f) “Indefinite Suspension” – where used herein, refers to the withdrawal or removal of an inmate’s or individual’s privileges for an unspecified period.

(g) “Kiosk” – where used herein, refers to a stationary electronic device that is used to provide inmates with access to kiosk services.

(h) “Kiosk Services” – where used herein, refers to Department-approved, electronic-based services provided by the vendor through kiosks, including secure mail, communications center access, eCards, video visitation, education/programming activities, videograms, photos, and the ability to browse the media store and access its content.

(i) “Media Account” – where used herein, refers to an account established by the vendor and funded by the inmate through transfers from an inmate’s trust fund account that is used to purchase kiosk and tablet services.

(j) “Media Store” – where used herein, refers to the contract vendor’s media store where inmates can browse, purchase, and download music, games, news, eBooks, and other digital content.

(k) “Primary Violation” – where used herein, refers to any violation for which the maximum penalty is up to an indefinite suspension of privileges.

(l) “Secondary Violation” – where used herein, refers to any violation for which the maximum penalty that can be imposed is less than or equal a 180-day suspension of privileges.

(m) “Secure Mail” – where used herein, refers to a secure and monitored electronic messaging system that allows an inmate and correspondent to receive and respond to secure electronic messages via a secure web-enabled platform provided by the vendor, and that requires all messages (incoming and outgoing) to be screened and approved before release.

(n) “Suspension” – where used herein, refers to the withdrawal or removal of an inmate’s or individual’s privileges for a specified period.

(o) “Tablet” – where used herein, refers to a Department-approved mobile electronic device that has been configured and formatted for possession and use by an inmate to access and use tablet services. Tablets download content through a connection with the kiosk or by connecting to the secure, wireless network supplied and managed by the vendor.

(p) “Tablet Services” – where used herein, refers to Department-approved, electronic-based services provided by the vendor at no cost or for a fee through secure, corrections-grade tablets, including secure mail, communications center access, eCards, education/programming activities, videograms (incoming only), photographs (incoming only), and the ability to browse the media store and access content downloaded from a kiosk.

(q) “User Account” – where used herein, refers to the account established by the vendor with each inmate who possesses a tablet that provides secure access to kiosk services, tablet services, purchased content, and the inmate’s media account. The term also refers to the account created by the vendor that is used by a correspondent or approved visitor to interact with the inmate.

(r) “User Account Password” – where used herein, refers to a code that is needed to provide access to kiosks and tablets, that is chosen by an inmate, correspondent, or approved visitor, that is known only to that individual, and that when used in conjunction with a user ID verifies the identity of the individual associated with a specific user account.

(s) “Vendor” – where used herein, refers to the contracted vendor who provides kiosks, tablets, kiosk services, and tablet services for use by inmates and those who communicate with them.

(t) “Video Visitation” – where used herein, refers to a monitored and recorded real-time virtual visitation session provided as a kiosk service between an inmate and an approved visitor, where the approved visitor is located at a location other than the location of the inmate.

(u) “Videogram” – where used herein, refers to a short video clip transferred electronically between a correspondent and an inmate.

(v) “Virtual Stamp” – where used herein, refers to electronic tokens sold individually or in bundles at published prices to inmates and correspondents that must accompany any eCommunication for the communication to be delivered.

(3) User Accounts.

(a) To access or use kiosk or tablet services, an inmate, correspondent, or approved visitor must establish and activate a user account through the vendor. Inmates and correspondents must not provide false information when establishing a user account.

(b) Any technical or account issues relating to the use of a kiosk, a tablet, kiosk services, tablet services, media accounts, or user accounts must be directed to the vendor.

(c) An inmate is only permitted to use his or her own user account.

(d) Inmates must not loan, borrow, barter, or steal another inmate’s user account password. Violators will be subject to disciplinary action pursuant to Rule 33-601.314, F.A.C., and may have his or her tablet impounded and access to kiosks, kiosk services, and tablet services suspended or terminated.

(e) The Department is not responsible for the theft or loss of an inmate’s user account password, or for any costs associated with an inmate lending his or her user account password or otherwise failing to provide for its safekeeping.

(f) All user account and media account records are maintained by the vendor, and any disputes related to those accounts will be addressed by the vendor. An inmate who has access to a kiosk may view his or her media account balance.

(g) User accounts, media accounts, or particular service offerings such as secure mail, videograms, and access to the vendor’s media store are subject to suspension or termination for any violation of law or Department rule. Inmates, correspondents, and approved visitors are responsible for their conduct and for any consequences thereof in connection with their use of their accounts and available services.

(4) Kiosks.

(a) Kiosks will be located at institutions approved by the Department.

(b) Unless otherwise stated in this rule, an inmate will be allowed to access kiosk services in his or her assigned housing unit from 8:00 a.m. until 11:00 p.m. each day, excluding times related to counts, call outs, job assignments, and other required appointments or testing. For security reasons, kiosks designated for inmate use will be rendered inoperable during times when the use of kiosk services would substantially interfere with other institutional activities and during institutional emergencies.

(c) Except as otherwise provided in this rule, kiosk access permissions for inmates in special housing or in a special status are as follows:

1. During the initial reception period, an inmate awaiting transfer to his or her initial permanent facility is permitted access to kiosks and kiosk services, with the exception of video visitation.

2. Youthful Offenders participating in the Basic Training Program described in Rule 33-601.237, F.A.C., are not permitted to access kiosks or kiosk services.

3. Inmates in administrative confinement, protective management, disciplinary confinement, close management, maximum management, or death row status have access to kiosks and kiosk services as set forth in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800, 33-601.820, and 33-601.830, F.A.C., respectively.

(d) Unless otherwise contraindicated for security or clinical reasons, an inmate housed in an inpatient mental health unit or a correctional mental health treatment facility will have access to kiosks and kiosk services in accordance with Rule 33-404.102, F.A.C.

(e) Unless authorized by the Department to do so, no one is permitted to modify, alter, circumvent, attempt to modify, attempt to alter, or attempt to circumvent any audio or video capabilities or security features of a kiosk or kiosk service, or use such devices or services to engage in any activity that violates Department rules, state law, or federal law. The use or misuse of a kiosk or kiosk service in such manner will subject an inmate to discipline pursuant to Rule 33-601.314, F.A.C., suspension or termination of kiosk and/or tablet privileges, and potential prosecution to the extent provided by law.

(f) Legal mail, as described in Rule 33-210.102, F.A.C., and privileged mail, as described in Rule 33-210.103, F.A.C., must not be sent or received via eCommunications.

(g) Only content authorized by the Department can be downloaded, accessed, used, or stored on a kiosk. Content that negatively impacts the safe, secure, and orderly operation of an institution, or that compromises public safety will not be approved.

(5) Tablets.

(a) Upon arrival at his or her permanent facility, a tablet may be obtained from the vendor by an inmate authorized to possess a tablet at no cost to the inmate. An inmate in a Department-operated institution or facility may refuse to obtain a tablet.

(b) Inmates are authorized to possess one tablet pursuant to Rule 33-602.201, F.A.C., unless otherwise prohibited. Possession of a tablet by an inmate is a privilege that may be forfeited by any inmate who fails to abide by the rules of the Department or any applicable state or federal law.

(c) Unless otherwise stated in this rule, an inmate is permitted to access the secure, wireless network in his or her assigned housing unit for authorized purposes from 8:00 a.m. until 12:00 a.m. each day. For security reasons, secure, wireless networks designated for inmate use will be rendered inoperable during times when the use of wireless services would substantially interfere with other institutional activities and during institutional emergencies.

(d) Except as otherwise provided in this rule, tablet access permissions for inmates in special housing or a special management status are as follows:

1. During the initial reception period, an inmate awaiting transfer to his or her initial permanent facility is not permitted to possess a tablet or access tablet services.

2. Youthful Offenders participating in the Basic Training Program described in Rule 33-601.237, F.A.C., are not permitted to possess a tablet.

3. Inmates in administrative confinement, protective management, disciplinary confinement, close management, maximum management, or death row status will have access to tablets and tablet services as set forth in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800, 33-601.820, and 33-601.830 F.A.C., respectively.

(e) Unless otherwise contraindicated for security or clinical reasons, an inmate housed in an inpatient mental health unit or a correctional mental health treatment facility will have access to tablets and tablet services in accordance with Rule 33-404.102, F.A.C.

(f) When an inmate is prohibited from retaining possession of his or her tablet due to transfer to a different housing or management status, the tablet will be stored by the Department and returned to the inmate once he or she has been transferred back to a setting where possession of the tablet is allowed by Department rules.

(g) Following the assignment of a tablet to an inmate, Department staff will add the tablet to Form DC6-224 noting the make, model, and serial number of the tablet. Form DC6-224 is incorporated by reference in Rule 33-602.201, F.A.C.

(h) Each inmate is responsible for the care and security of his or her assigned tablet. The Department assumes no responsibility for the loss of, or damage to a tablet caused by the inmate. In cases of intentional loss or damage, the incident will be treated as willful damage to state property. In such cases, the inmate will be required to reimburse the Department for the cost of replacing the lost or damaged tablet from his or her inmate trust fund account. If sufficient funds are not available in the inmate’s trust fund account, the Department will place a lien on the inmate’s trust fund account for the replacement cost of a tablet. The inmate’s media content will be restored on the replacement tablet at no cost to the inmate.

(i) An inmate will not be charged for a replacement tablet when the original tablet is unusable due to normal wear and tear.

(j) If a tablet cannot be located after being stored by the Department, the provisions of Rule 33-602.201, F.A.C., will be followed. When it is substantiated that a tablet is missing for any reason outside the inmate’s control, the tablet will be replaced by the Department at no cost to the inmate.

(k) In the event an inmate loses his or her tablet, the inmate must immediately report the loss to the housing officer. The housing officer will complete a Form DC6-210. Form DC6-210 is incorporated by reference in Rule 33-602.210, F.A.C. The chief of security will initiate a review of the incident and an attempt will be made to locate the lost property. The review will determine the responsible party for the cost of replacement as outlined within this rule. If the lost property cannot be located, the chief of security will coordinate the replacement of the tablet for the inmate. Inmates who do not report the loss of a tablet within 10 days will be required to reimburse the Department for the cost of replacing the lost tablet from his or her inmate trust fund account. If sufficient funds are not available in the inmate’s trust fund account, the Department will place a lien on the inmate’s trust fund account for the replacement cost of a tablet. The inmate’s media content will be restored on the replacement tablet at no cost to the inmate.

(l) If a tablet is damaged or destroyed by Department or private correctional facility staff during a routine search, an emergency search, or while impounded, the warden or designee will cause an investigation to be made and any necessary action to be taken in accordance with Rule 33-602.203, F.A.C.

(m) A tablet may only be used in an inmate’s assigned housing unit and in recreation areas. An inmate’s tablet may only be used to access the secure, wireless network in his or her assigned housing unit. The warden may designate other areas for tablet use (including the use of the secure, wireless network) to further an inmate’s rehabilitation, that does not interfere with the safety, security, and order of the institution. Use of a tablet in an unauthorized or unapproved area will subject the inmate to discipline pursuant to Rule 33-601.314, F.A.C.

(n) All tablets on the property of a Department institution or facility, including all digital content, are subject to authorized searches at any time pursuant to Rules 33-602.203 and 33-602.204, F.A.C. An inmate’s failure to comply with an authorized search will result in the immediate confiscation of the inmate’s tablet and will subject the inmate to discipline pursuant to Rule 33-601.314, F.A.C.

(o) Unless authorized by the Department to do so, no one is permitted to modify, alter, circumvent, attempt to modify, attempt to alter, or attempt to circumvent any audio or video capabilities or security features of a tablet or tablet service, or use such devices or services to engage in any activity that violates Department rules, state law, or federal law. The use or misuse of a tablet or tablet service in such a manner will subject an inmate to discipline pursuant to Rule 33-601.314, F.A.C., suspension or termination of kiosk and/or tablet privileges, and potential prosecution to the extent provided by law.

(p) Only content authorized by the Department can be downloaded, accessed, used, or stored on a tablet. Content that negatively impacts the safe, secure, and orderly operation of an institution, or that compromises public safety will not be approved.

(q) No devices, other than an inmate’s assigned tablet, may connect or attempt to connect to a secure, wireless network. The inmate’s assigned tablet must not utilize a secure, wireless network in any manner other than to access Department-approved content or eCommunications.

(r) Each tablet has a mortality lock that tracks the number of days since it was last connected to an authorized kiosk. If a tablet is not connected to an authorized kiosk at least every 30 calendar days, the tablet will lock and become unusable until it is connected to an authorized kiosk.

(s) Upon the expiration of an inmate’s sentence, the inmate must return his or her assigned tablet to the Department at the time of the inmate’s release from the Department’s custody. A former inmate may obtain access to his or her purchased content by contacting the vendor. The Department assumes no responsibility for an inmate’s purchased content prior to or upon the inmate’s release.

(6) Kiosk Services and Tablet Services.

(a) There is no expectation of privacy while utilizing kiosk or tablet services. All use of such services by any user account holder is subject to recording, monitoring, and record retention.

(b) Any data in any form that is generated or transmitted by or through the use of kiosk or tablet services may be used by the Department in any court or disciplinary proceeding to the fullest extent allowed by law and/or Department rule.

(c) Inmates must not establish or conduct a business, directly or indirectly, using kiosk or tablet services during his or her term of incarceration.

(d) Inmates must not enter contests or sweepstakes, directly or indirectly, using kiosk or tablet services during his or her term of incarceration.

(e) Access to kiosk services and tablet services are subject to suspension or termination for violation of any state law, federal law, or Department rule.

(7) eCommunications.

(a) All eCommunications, incoming and outgoing, are subject to the provisions of this rule.

(b) All eCommunications are subject to screening to ensure compliance with this rule. If at any time the screening system is not functioning properly, access to eCommunications will immediately cease until the issue is corrected.

(c) Any eCommunication that violates state law, federal law, or Department rule will be intercepted without explanation by authorized staff and will not be delivered. The Department or vendor will not be liable to refund or credit any costs associated with an intercepted eCommunication.

(d) Eligibility.

1. A correspondent must send an initial eCommunication to an inmate to establish a link between their accounts. Inmates may then electronically communicate with the correspondent, unless the correspondent or the inmate has blocked communication.

2. Should a correspondent decide that he or she no longer wishes to receive eCommunications from an inmate, the correspondent must terminate the inmate’s ability to communicate with the correspondent through the vendor’s system.

3. Unless otherwise stated in this rule, inmates whose eCommunication privileges are not in suspended status are eligible to use eCommunications.

4. Use of eCommunications by a correspondent is open to all eligible individuals who are not restricted or suspended from contacting or being contacted by a given inmate by statute, rule, procedure, court order, or conditions of supervision.

5. During the initial reception period, an inmate awaiting transfer to his or her permanent facility is permitted to access eCommunications.

6. Youthful offenders participating in the Basic Training Program described in Rule 33-601.237, F.A.C., are not permitted access eCommunications.

7. Inmates in administrative confinement, protective management, disciplinary confinement, close management, maximum management, or death row status will have access to eCommunications as set forth in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800, 33-601.820, and 33-601.830 F.A.C., respectively.

8. Unless otherwise contraindicated for security or clinical reasons, an inmate housed in an inpatient mental health unit or correctional a mental health treatment facility will have access to eCommunications in accordance with Rule 33-404.102, F.A.C.

(e) Inmates will be permitted to send and receive only the following types of materials through eCommunications:

1. Secure Mail. Communications must be in English, Spanish, or Creole. Inmates who cannot read or write in English, Spanish, or Creole must request approval from the warden to correspond and receive eCommunications in a language that the inmate can read and write using Form DC6-236. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C. The warden will approve such requests when there are Department staff who can translate the eCommunications or when it is otherwise possible to obtain translation services at a nominal cost to the Department.

2. eCards.

3. Virtual Stamps. Inmates must not use virtual stamps as currency to pay for products or services, or to barter with others.

4. Videograms. Only those videograms meeting the criteria of this rule are authorized to be sent or received through eCommunications. Videograms depicting nudity or revealing genitalia, buttocks, or the female breast will not be permitted.

5. Photographs. Only those photographs meeting the criteria of this rule are authorized to be sent or received through eCommunications. Photographs depicting nudity or revealing genitalia, buttocks, or the female breast will not be permitted.

(f) If photographs printed by the inmate from eCommunications place the inmate over the maximum allowed by Department rule, the inmate will be permitted to send the excess photographs to a non-correctional mailing address at his or her own expense as required by the inmate property provisions found in Rule 33-602.201, F.A.C. Excess photographs found in the inmate’s property will be considered contraband and subject the inmate to discipline under Rule 33-601.314, F.A.C.

(g) Inmates are responsible for informing correspondents of the regulations concerning eCommunications.

(h) All eCommunications sent or received by an inmate are subject to review and monitoring by authorized staff.

(i) If the warden has approved an inmate to receive eCommunications in a language other than English, Spanish, or Creole, the eCommunication will be translated to confirm that it complies with applicable rules. If the language cannot be translated by an employee at the facility, the eCommunication will be rejected or sent to another institution or the central office for translation.

(j) Inmates must not use eCommunications to solicit or otherwise commercially advertise for money, goods, or services, including advertising for pen-pals.

(k) Inmates must not send eCommunications to any person who has advised the warden that he or she does not wish to receive such from the inmate. The parents or legal guardians of a person under the age of 18 may advise that eCommunications are not to be sent to such person.

(l) Outgoing or incoming eCommunications will not be approved to be sent by or to an inmate if any part of it violates the following content standards:

1. The inmate is not appropriately dressed in Class A uniform, with the state issued I.D. card visible.

2. The inmate or individual is not visually identifiable, or the face is covered or obscured. Religious headgear is permissible but must not interfere with the verification of a person’s identity.

3. It depicts or describes procedures for the construction of or use of a weapon, ammunition, bomb, chemical agent, or incendiary device.

4. It depicts, encourages, or describes methods of escape from correctional institutions or facilities or contains blueprints, drawings, or similar descriptions of Department institutions or facilities, or includes road maps that can facilitate escape from a correctional institution or facility.

5. It depicts or describes procedures for the brewing of alcoholic beverages or the manufacture of drugs or other intoxicants.

6. It is written in code or is otherwise written in a manner that is not reasonably subject to interpretation by authorized staff as to meaning or intent.

7. It depicts, describes, or encourages activities that may lead to the use of physical violence or group disruption.

8. It encourages or instructs in the commission of criminal activity.

9. It is dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution, or violation of Department or institution rules.

10. It threatens physical harm, blackmail, or extortion.

11. It pictorially depicts sexual conduct as defined by Section 847.001, F.S., as follows:

a. Actual or simulated sexual intercourse;

b. Sexual bestiality;

c. Masturbation;

d. Sadomasochistic abuse;

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

f. Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

12. It presents any act or conduct that creates the appearance that sexual conduct is imminent, such as the display of contact or intended contact with genitals, pubic area, buttocks or female breasts orally, digitally, or by foreign object, or the display of sexual organs in an aroused state.

13. It depicts nudity.

14. It 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 an inmate or offender, the correctional system, or the safety of any person.

15. It depicts or contains an inmate group photograph or videogram; however, individuals unintentionally appearing behind the subject parties does not constitute a group photograph or videogram.

16. It depicts or contains a photograph or screenshot displaying text of any kind, including internet pages, news clippings, articles, printouts, material from social media, emails, text messages, or other similar content. However, a screenshot that does not include more than five words of text will not be automatically denied or rejected. Such a screenshot will be treated as a non-textual photograph by authorized staff and will be reviewed using the same standards used for other non-textual photographs to determine suitability and compliance with this rule.

17. It requests that a photograph or information be placed on social media of any kind.

18. It requests that an email be forwarded, sent, or mailed to a third party.

19. It requests or contains information for or about another inmate.

20. It is sent from another inmate’s user account.

21. It contains an advertisement promoting any of the following where the advertisement is the focus of, rather than incidental to, the eCommunication, or the advertising is prominent or prevalent throughout the eCommunication:

a. Three-way calling services;

b. Pen-pal services;

c. The purchase of products or services with postage or virtual stamps; or

d. Conducting a business or profession while incarcerated.

22. It is not in compliance with incoming eCommunications regulations set forth in paragraphs (7)(e) and (7)(f) of this rule (incoming mail only); or

23. It otherwise presents a threat to the security, order, or rehabilitative objectives of the correctional system, or to the safety of any person.

(m) It requests or provides information related to PayPal, Venmo, Cash App, or any other online payment system account.

(8) Violation of Standards – Penalties.

(a) Failure of an inmate or correspondent to adhere to the provisions of any Department rule as it relates to eCommunications will result in the following:

1. Rejection and forfeiture of any offending eCommunication;

2. Forfeiture of any money paid for an offending eCommunication; and

3. Consideration for suspension of eCommunications privileges as noted in this subsection.

(b) Failure of an inmate or correspondent to adhere to the provisions of any Department rule as it relates to the possession or use of kiosks, tablets, kiosk services, or tablet services will result in the suspension of any or all kiosk or tablet privileges, including the use of any or all kiosk services and tablet services. The warden or designee will consider the following factors when determining whether to suspend any or all kiosk or tablet privileges, including the use of any or all kiosk services and tablet services:

1. Whether the continued possession or use of kiosks, tablets, kiosk services, or tablet services would present a threat to the safe and secure operation of the institution, or to the security and operational integrity of these privileges;

2. The severity of the conduct or offense(s) under consideration;

3. Whether an inmate’s placement or pending placement into a special status such as close management, administrative confinement, disciplinary confinement, or maximum management would result in the appropriate kiosk, tablet, kiosk services, or tablet services restriction(s);

4. Whether the suspension of kiosk, tablet, kiosk services, or tablet services privileges would be a significant detriment to the inmate’s successful reentry into society by hindering the maintenance of community and family ties.

(c) Inmates or correspondents who commit a secondary violation of any Department rule as it relates to the possession or use of kiosks, tablets, kiosk services, or tablet services will have any or all kiosk or tablet privileges, including the use of any or all kiosk services and tablet services, suspended by the warden or designee for a period not to exceed 180 days commencing on the date that any such violation occurred. All violations are deemed to be secondary violations unless specifically elevated to a primary violation by the warden or designee or as otherwise set forth in paragraph (8)(e) below.

(d) The warden or designee may elevate a secondary violation to a primary violation based on the following factors:

1. The nature and circumstances of the violation(s) committed;

2. The inmate’s or correspondent’s previous violation history; and

3. The frequency of violations.

(e) Inmates or correspondents who commit a primary violation of any Department rule related to the possession or use of kiosks, tablets, kiosk services, or tablet services will be considered by the warden or designee for indefinite suspension of any or all kiosk or tablet privileges, including the use of any or all kiosk services and tablet services. The following are primary violations:

1. Any criminal activity that utilizes a kiosk or tablet, kiosk services, or tablet services.

2. Any attempt to incite or participate in any riot, strike, mutinous act, or disturbance that utilizes a kiosk or tablet, kiosk services, or tablet services.

3. The use of a kiosk or tablet, kiosk services, or tablet services to possess, introduce, attempt to introduce, conspire, or otherwise agree to introduce contraband or illegal items into or onto the grounds of any Department institution or facility, or to solicit, command, encourage, hire, or request another person to engage in specific conduct that would constitute such offense or an attempt to commit such offense.

4. The use of a kiosk or tablet, kiosk services, or tablet services to employ coercion, threats, or fraud to obtain money, favors, or anything of value.

5. The use of a kiosk or tablet, kiosk services, or tablet services to depict actual or simulated sexual acts, or any intentional lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act.

6. The use of a kiosk or tablet, kiosk services, or tablet services to commit or engage in sexual misconduct (e.g., nudity, sexual acts with or without others, willful exposure of genitalia or the female breast, or soliciting sexual acts from others).

7. Any verbal or non-verbal lewd, obscene, or sexual behavior involving a minor that utilizes a kiosk or tablet, kiosk services, or tablet services.

8. Physical assault or attempted assault on a Department staff member or another inmate at a kiosk.

9. The use of a kiosk or tablet, kiosk services, or tablet services to commit verbal abuse that evidences the intent or threatens to do harm to Department staff, inmates, or visitors.

10. The use of a kiosk or tablet, kiosk services, or tablet services to promote animosity, hostility, and malice against a person or persons, or against the property of a person or persons, because of race, religion, disability, sexual orientation, ethnicity, or national origin.

11. Disobeying a direct order from Department staff relating to kiosks and tablets, including the use of any kiosk services and tablet services.

12. Acts of violence or display of weapons, including images of, statements regarding, or references to any kind of weapon, utilizing a kiosk, tablet, kiosk services, or tablet services.

13 Use or possession of drugs or drug paraphernalia while utilizing a kiosk, tablet, kiosk services, or tablet services.

14. Assisting, facilitating, aiding or abetting an inmate to escape or attempt to escape utilizing a kiosk, tablet, kiosk services, or tablet services.

15. Modifying, altering, circumventing, attempting to modify, attempting to alter, or attempting to circumvent any audio or video capabilities or security features of any kiosk, tablet, kiosk service, or tablet service, or using a kiosk, tablet, kiosk services, or tablet services, to engage in any activity that violates Department rules, state law, or federal law. This includes relaying, streaming, or re-broadcasting through any medium.

16. Possessing more than one tablet unless authorized to do so.

17. Possessing a tablet belonging to another without authority to do so.

18. Damaging or destroying a tablet by gross negligence or determined intent.

19. Failing to provide a current user account password when directed to do so by Department staff or private correctional facility staff to allow access for an authorized search of the tablet, including its content.

(f) Suspension of an inmate’s eCommunications privileges is authorized as part of any disciplinary action taken pursuant to Rule 33-601.308, F.A.C., when the evidence in a disciplinary report clearly indicates that the infraction at issue occurred during the inmate’s exercise or utilization of his or her eCommunication privileges.

(g) The warden is authorized to temporarily suspend any or all kiosk or tablet privileges, including the use of any or all kiosk services and tablet services, of an inmate or correspondent who is involved in or is the subject of an ongoing investigation pending the outcome of the investigation.

(h) A suspension imposed under this subsection is independent of any suspension of privileges imposed under Rule 33-601.308, F.A.C.

(i) The reinstatement of indefinitely suspended privileges will only be considered by the warden after one calendar year from the date of imposition of the suspension. Should the suspended individual be denied reinstatement, the individual must not make another request for six months from the last decision denying reinstatement.

(j) Inmates and correspondents are responsible for their conduct and for any consequences thereof in connection with their use of the vendor’s services.

(9) Video visitation will be administered and conducted in accordance with Rule 33-602.901, F.A.C.

(10) Funding a Media Account.

(a) An inmate may add money to his or her media account directly from his or her inmate trust fund account up to a maximum authorized balance of $150.00. Upon the transition from an inmate-owned tablet program to state-issued tablet program, the maximum authorized balance will be reduced to $100.00. Any obligations owed by the inmate pursuant to Rule 33-203.201, F.A.C., must be satisfied prior to funding the inmate’s media account. The Department will supervise the transfer of an inmate’s funds into his or her media account.

(b) Media account balances, purchase records, and accounting disputes are maintained and addressed by the vendor.

(c) Money deposited in a media account can only be spent on kiosk services, tablet services, or approved tablet accessories and cannot be transferred to another account.

(d) Inmates must use the kiosk to check media account balances and to receive notice of media account deposits.

(11) Hardware, Programs, and Technical Issues.

(a) Each correspondent is responsible for providing and maintaining his or her own equipment and technology to access the eCommunications system. Individuals must use equipment and technology with the appropriate capabilities as determined and recommended by the vendor.

(b) Customer support for kiosks, tablets, kiosk services, tablet services, media accounts, user accounts, and eCommunications will be provided by the vendor. If an inmate identifies an issue with his or her assigned tablet, the inmate must submit a support ticket identifying the issue to the vendor’s customer service center through the Communication Center.

(c) Correspondents who experience issues with the vendor’s website, mobile application, or any of the services provided by the vendor must contact the vendor’s customer service center through the Communications Center for assistance.

(d) An inmate who is subject to post-release supervision or to any court order related to computer or internet possession, access, or use is responsible for ensuring that he or she fully complies with all terms and conditions of the supervision or order. As necessary, the inmate must report to his or her supervising agency, law enforcement agency, court, or other entity as provided in the order, that he or she possesses, has access to, or is using a tablet.

(12) The Secretary and Deputy Secretary have the authority to review and modify the kiosk and/or tablet privileges associated with any user account, including the use of any or all kiosk services or tablet services, when it is determined that the modification will further an inmate’s rehabilitation, ensure consistency with Department’s rules, enhance public safety, or ensure the security of a correctional institution.

(13) During an emergency or extended disruption of normal Department, regional, or institutional operations, the Secretary or Deputy Secretary may modify the access to any or all privileges authorized under this rule. Normal access will be restored as soon as a safe return to normal operations is permitted by the circumstances. A modification may be instituted for any or the following reasons:

(a) An imminent, a current, or the immediate aftermath of a disturbance, uprising, strike, or riot.

(b) Staffing limitations that pose a significant threat to the safety and security of Department staff, inmates, or the public.

(c) When an institution is locked down based on the scope and severity of the precipitating incident or event.

(d) During a declared emergency.

(e) Prior to, during, or in the immediate aftermath of a natural disaster.

(f) A medically-related incident that poses a significant health threat to inmates or Department staff.

(g) Any other extraordinary circumstance that poses a potential threat to the safety or security of the institution, Department staff, the inmate population, or the public.

Rulemaking Authority 944.09 FS. Law Implemented 20.315. 944.09 FS. History–New 1-18-21.

33-602.901 Video Visitation.

(1) Definitions.

(a) “Approved Visitor” – where used herein and as defined in Rule 33-601.713, F.A.C., refers to any person who is approved by the assigned institutional classification officer, warden, or duty warden to visit an inmate and whose approval is documented in the automated visiting record.

(b) “Automated Visiting Record” (AVR) – where used herein, refers to a computer subsystem of the Department’s electronic offender database that records visiting information. The AVR is maintained pursuant to Rule 33-601.716, F.A.C.

(c) “Indefinite Suspension” – where used herein, refers to the withdrawal or removal of an inmate’s or individual’s privileges for an unspecified period.

(d) “Kiosk” – where used herein, refers to a stationary electronic device that is used to provide inmates with access to kiosk services.

(e) “Kiosk Services” – where used herein, refers to Department-approved, electronic-based services provided by the vendor through kiosks, including secure mail, communications center access, eCards, video visitation, education/programming activities, videograms, photos, and the ability to browse the media store and access its content.

(f) “Primary Violation” – where used herein, refers to any violation for which the maximum penalty is up to an indefinite suspension of privileges.

(g) “Secondary Violation” – where used herein, refers to any violation for which the maximum penalty that can be imposed is less than or equal a 180-day suspension of privileges.

(h) “Suspension” – where used herein, refers to the withdrawal or removal of an inmate’s or individual’s privileges for a specified period.

(i) “User Account” – where used herein, refers to the account established by the vendor with each inmate who possesses a tablet that provides secure access to kiosk services, tablet services, purchased content, and the inmate’s media account. The term also refers to the account created by the vendor that is used by a correspondent or approved visitor to interact with the inmate.

(j) “Vendor” – where used herein, refers to the contracted vendor who provides kiosks, tablets, kiosk services, and tablet services for use by inmates and those who communicate with them.

(k) “Video Visitation” – where used herein, refers to a monitored and recorded real-time virtual visitation session provided as a kiosk service between an inmate and an approved visitor, where the approved visitor is located at a location other than the location of the inmate.

(2) Video visitation is a privilege and not a right afforded to inmates or approved visitors.

(3) Video visitation is available to inmates and approved visitors at a cost established by the vendor in its contract with the Department.

(4) All inmates and approved visitors are subject to state law, federal law, and Department rules while participating in video visitation.

(5) The warden, assistant warden, duty warden, or assigned Department or vendor monitoring staff is authorized to deny or terminate a video visit if the visit in any way violates state law, federal law, or Department rule. Any such violation will subject an inmate to disciplinary action and suspension of video visitation privileges and will subject an approved visitor to suspension or termination of his or her video visitation privileges.

(6) The Department is not responsible for technical issues that impact kiosk availability or video visitation functionality.

(7) Eligibility.

(a) Inmates are permitted to participate in video visitation with approved visitors who are not in a suspended status as recorded on the inmate’s AVR.

(b) Except as otherwise stated herein, inmates whose visitation privileges are not suspended pursuant to Rule 33-601.731, F.A.C., including those inmates placed in non-contact visiting status pursuant to Rule 33-601.735, F.A.C., are eligible to participate in video visitation.

(c) Inmates and approved visitors whose visiting privileges have been suspended pursuant to Rule 33-601.731, F.A.C., are not eligible to participate in video visitation unless otherwise authorized by the warden or designee.

(d) During the initial reception period, an inmate awaiting transfer to his or her permanent facility is not eligible to participate in video visitation.

(e) Youthful offenders participating in the Basic Training Program describe in Rule 33-601.237, F.A.C., are not permitted access to video visitation.

(f) Inmates in administrative confinement, protective management, disciplinary confinement, close management, maximum management, and death row status are eligible to participate in video visitation as set forth in Rules 33-602.220, 33-602.221, 33-602.222, 33-601.800, 33-601.820, and 33-601.830, F.A.C., respectively.

(g) Unless otherwise contraindicated for security or clinical reasons, an inmate housed in an inpatient mental health unit or a correctional mental health treatment facility will have access to video visitation privileges in accordance with Rule 33-404.102, F.A.C.

(h) Use of the video visitation system is open to all eligible individuals eighteen years of age or older who are not restricted or suspended from contacting or being contacted by a given inmate by statute, rule, procedure, court order, or conditions of supervision. Approved minors as defined in Rule 33-601.713, F.A.C., are permitted to participate in video visitation only under the supervision of an eligible visitor, provided the inmate participating in the video visit is not restricted or suspended from contacting or being contacted by any minor by statute, rule, procedure, court order, or conditions of supervision.

(i) An individual seventeen years old or younger who cannot furnish proof of emancipation must be supervised during a video visit by an authorized parent, legal guardian, or authorized adult as defined in Rule 33-601.713, F.A.C., and must remain under the supervision of that person at all times during the video visitation session.

(j) An inmate is not authorized to participate in video visitation with any person seventeen years of age or younger if the inmate is subject to visitation restrictions pursuant to Rule 33-601.720, F.A.C.

(k) Falsification of any visitor information provided to the Department will result in an individual being subject to having his or her video visitation privileges suspended pursuant to subsection (13) of this rule.

(8) Scheduling.

(a) Video visitation sessions can only be scheduled by approved visitors. Sessions must be scheduled in advance through the approved visitor’s user account.

(b) Unless otherwise stated in Rule 33-602.900, F.A.C., an inmate will be allowed to access kiosk services in his or her assigned housing unit from 8:00 a.m. until 11:00 p.m. each day, excluding times related to counts, call outs, job assignments, and other required appointments or testing. For security reasons, kiosks designated for inmate use will be rendered inoperable during times when the use of kiosk services would interfere with other institutional activities and during institutional emergencies. The warden will determine the available times during which inmates are allowed to video visit within these parameters while ensuring the maximum availability of video visitation.

(c) Inmates in death row status pursuant to Rule 33-601.830, F.A.C., will only be permitted one scheduled video visitation session per calendar week.

(d) A video visitation session will be limited to fifteen minutes. A one-time, fifteen-minute extension per video visit is permitted if selected during the video visit. The option of an extension is not available for inmates in death row status.

(e) Video visits are scheduled for and assigned to a specific kiosk based on an inmate’s housing assignment. The assigned kiosk will reserve the timeslot for the inmate with a scheduled video visit. The kiosk will notify any other inmate that he or she they will be logged off the kiosk due to an upcoming scheduled video visit.

(f) The number of video visits scheduled at any one time at an institution or facility may be limited due to infrastructure issues, available bandwidth, other system limitations, or to promote the safety, security, or good order of the institution or facility.

(9) Accessing the Session.

(a) Each inmate and approved visitor must establish a user account prior to participating in video visitation.

(b) Each approved visitor is responsible for providing and maintaining his or her own equipment and technology to access the video visitation system. Individuals must use equipment and technology with the appropriate capabilities as determined and recommended by the vendor.

(c) A video visit will not be initiated until both the approved visitor and the inmate engage the system within five minutes of the scheduled visitation start time.

(d) Customer support for video visitation will be provided by the vendor.

1. If an inmate identifies an issue with the video visitation system, the inmate must submit a support ticket identifying the issue to the vendor’s customer service center through the Communications Center.

2. Approved visitors who experience issues with the vendor’s website, mobile application, or any of the services provided by the vendor must contact the vendor’s customer service center through the Communications Center for assistance.

3. If a video visit is unable to occur due to an issue affecting the video visitation system, the vendor will credit the approved visitor’s account.

(10) Cancelling a Session. A scheduled video visit will be canceled due to any one of the following reasons:

(a) The approved visitor cancels the video visit prior to the time of the scheduled event.

(b) The inmate cancels the video visit prior to the time of the scheduled event.

(c) The approved visitor is suspended or otherwise removed from an approved or authorized status by the Department or the vendor prior to the time of the scheduled event.

(d) The inmate’s video visitation privileges are suspended, or his or her video visitation eligibility status is changed due to a change in the inmate’s management or housing status prior to the time of the scheduled event.

(e) The Department determines the scheduled video visit presents a threat to institutional security or the safety of any person.

(f) The Department-approved video visitation schedule changes and the scheduled timeslot is no longer available.

(g) The Department cancels a scheduled video visit or temporarily deactivates an inmate’s user account upon approval of the warden or designee for any of the following reasons:

1. It is 48-hours or less before an inmate’s transfer;

2. It is 48-hours or less before an inmate’s outside medical appointment; or

3. It is 48-hours or less before an inmate’s outside court appearance.

(h) Mandatory activities are scheduled for the inmate by the Department at the same time as a video visit. Mandatory activities include count, medical appointments, classification appointments, programming such as education, vocation, or substance use disorder treatment, or similar mandatory activities. If a video visit is scheduled at the same time as one of these activities or during an emergency that threatens the security or order of an institution, the approved visitor will be notified when the inmate does not join the video visitation session within five minutes, and the vendor will credit the approved visitor’s account for the cost of the video visit.

(11) Monitoring.

(a) All video visits are subject to monitoring and recording. Video visits may be immediately terminated for any detected violation of state law, federal law, or Department rule. In addition, restrictions or suspensions may be issued that affect in-person visits whenever a violation related to video visitation is detected. If at any time the Department or the vendor is unable to monitor or record any video visitation session, all access to video visitation will immediately cease until the issue can be corrected.

(b) The vendor and Department staff will monitor all video visits to ensure compliance with this rule, including all video visitation conduct and content standards as set forth in subsection (12) of this rule.

(c) No expectation of privacy exists regarding an inmate’s or approved visitor’s use of the video visitation system. Video visitation must not be used to conduct private or confidential communications with attorneys, foreign consulates, or the courts.

(d) Each institution will ensure that inmates are notified that video visits are subject to monitoring and recording through the use of a sign posted on or beside each kiosk, or via an electronic pop-up window on the kiosk. Upon discovery, stolen or defaced signs will be promptly replaced.

(12) Inmates and approved visitors are subject to having video visitation sessions immediately terminated with no credit for the session, and having their video visitation privileges suspended under subsection (13) of this rule for violations of the following video visitation conduct and content standards:

(a) Proper Attire Standards.

1. An inmate must be appropriately dressed in his or her Class A uniform, with the inmate’s state-issued I.D. card visible throughout the entire video visit.

2. All approved visitors must wear clothing that is in good condition (no excessive holes and rips).

3. Approved visitors must not wear shirts or clothing that exposes any part of the female breast, including spaghetti straps or strapless clothing.

4. Approved visitors must not wear sleeveless clothing, including tank tops, shirts, dresses, rompers, or similar clothing, if the clothing exposes the bra or the female breast through the sleeve opening.

5. Approved visitors must not wear clothing that reveals the midriff, including bras or sports bras (unless an appropriate garment is worn to cover the midriff), halter tops, crop tops, and tube tops.

6. Approved visitors must not wear dresses, skirts, shorts, or similar clothing with hems, slits, or splits that are less than three inches above mid-knee, or that go above mid-thigh when seated. No clothing that reveals the upper thighs, buttocks, or genitalia is permitted.

7. Approved visitors must not wear tight-fitting, see-through, low-cut, short, provocative, or revealing clothing of any kind. Clothing made of spandex, see-through material, sheer material, or netting, bathing suits, and body suits are prohibited. See-through or sheer garments are permitted if appropriate clothing is worn underneath the see-through or sheer garment that covers the body in accordance with this rule.

8. Approved visitors must not wear pajamas or lingerie.

9. Approved visitors must wear appropriate undergarments at all times, including bras for females. Undergarments must not be visible.

10. Approved visitors must not wear clothing that has symbols, signs, pictures, or words that present a potential threat to the security or order of the institution, including gang symbols, racist pictures or comments, profanity, sexually explicit pictures or language, or similar material.

11. Any removal of clothing by an inmate or approved visitor will result in immediate termination of the video visit. An outer garment such as a jacket or sweater may be removed, provided the clothing under the outer garment complies with this rule.

12. An approved visitor who is nursing may breastfeed her child(ren) during a video visit. In the interests of safety and security, a nursing mother must cover her breast(s) with a blanket while nursing. The nipple of a mother’s breast must not be uncovered or exposed at any time.

13. Nudity of any kind is not permitted. Children must be fully clothed at all times for their safety.

14. The inmate and approved visitor must be visually identifiable during a video visit, and their faces must not be covered or obscured. Religious headgear is permissible, but it must not interfere with the verification of a person’s identity.

(b) The following are primary violations when they occur during a video visit:

1. Any criminal activity.

2. Any attempt to incite or participate in a riot, strike, mutinous act, or disturbance.

3. Possessing, introducing, attempting to introduce, conspiring, or otherwise agreeing to introduce contraband or illegal items into or onto the grounds of any Department institution or facility, or soliciting, commanding, encouraging, hiring, or requesting another person to engage in specific conduct that would constitute such offense or an attempt to commit such offense.

4. Using coercion, threats, or fraud to obtain money, favors, or anything of value.

5. Depicting actual or simulated sexual acts, or any intentional lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act.

6. Committing or engaging in sexual misconduct (i.e., nudity, sexual acts with or without others, willful exposure of genitalia or the female breast, or soliciting sexual acts from others).

7. Any verbal or non-verbal lewd, obscene, or sexual behavior involving a minor.

8. Physical assault or attempted assault of a Department staff member or another inmate at a kiosk or while participating in a video visit.

9. Verbal abuse that evidences the intent or threatens to do harm to staff, inmates, or visitors.

10. Promoting animosity, hostility, and malice against a person or persons or against the property of a person, or persons because of race, religion, disability, sexual orientation, ethnicity, or national origin.

11. Disobeying a direct order from Department staff during or in relation to a video visit.

12. Acts of violence or display of weapons, including images of, statements regarding, or references to any kind of weapon.

13. Use or possession of drugs or drug paraphernalia.

14. Assisting, facilitating, aiding, or abetting an inmate to escape or attempt to escape.

15. Group video visits allowing more than one inmate or one approved visitor to participate in a video visit. An approved visitor may only video visit with the inmate with whom he or she is scheduled to video visit. If an individual unintentionally appears behind either party in the process of video visiting but does not participate in the video visit it does not constitute a group video visit.

16. Modifying, altering, circumventing, attempting to modify, attempting to alter, or attempting to circumvent any audio or video capabilities or security features of a kiosk, tablet, or video visitation system. This includes relaying, streaming, or re-broadcasting through any medium.

(c) The following are secondary violations when they occur during a video visit:

1. Failure to conform with the proper attire standards.

2. The approved visitor fails to position himself or herself in such a manner as to be video and audio monitored.

3. A minor participating in a video visit unaccompanied by an approved parent, legal guardian, or authorized adult.

4. Participation in a video visit with an unauthorized or unscheduled person.

5. Scheduling video visits for another inmate and allowing that inmate to converse with a party not on that inmate’s AVR.

6. The approved visitor or the inmate fails to conduct themselves in an orderly and respectable fashion or to remain seated throughout the entire video visit.

7. Use of loud or hostile communication by an approved visitor or inmate.

8. The approved visitor or inmate speaks in an unidentifiable code.

9. The display of gang signs or symbols. However, the use of American Sign Language is permissible by both hearing impaired inmates and approved visitors.

10. The inmate or approved visitor appearing to be intoxicated or under the influence of drugs or alcohol.

11. The consumption of alcohol or the prominent display of an alcohol container (i.e., in the foreground of the video frame).

12. Any disturbances or emotionally disruptive behavior.

13. Any attempt to conduct or participating in an unauthorized a media interview. Media interviews must be authorized and conducted pursuant to the processes outlined in Chapter 33-104, F.A.C.

14. Establishing or conducting a business enterprise, directly or indirectly.

15. The recording of audio or video or the archival of a video visit in any form by anyone except for the Department or the vendor’s recording and archiving system.

16. Falsification of any visitor information, including user account information.

17. Other factors related to the security, order, or effective management of the institution.

(d) The Department is not responsible for repairing or maintaining kiosks damaged by inmate abuse or for providing video visitation to inmates or approved visitors if the vendor discontinues service for any reason.

(13) Violation of Standards – Penalties.

(a) Failure of an inmate or approved visitor to adhere to the provisions of any Department rule as it relates to video visitation will result in the suspension of video visitation privileges. The warden or designee will consider the following factors when determining whether to suspend video visitation privileges:

1. Whether continued video visitation privileges would present a threat to the safe and secure operation of the institution, or to the security and operational integrity of the video visiting process;

2. The severity of the conduct or offense(s) under consideration;

3. Whether an inmate’s placement or pending placement into a special status such as close management, administrative confinement, disciplinary confinement, or maximum management would result in the appropriate video visitation restriction;

4. Whether the suspension of video visitation privileges would be a significant detriment to the inmate’s successful reentry into society by hindering the maintenance of community and family ties.

(b) An inmate or approved visitor who violates any Department rule pertaining to the use of video visitation will have his or her video visitation privileges suspended by the warden or designee for a period not to exceed 180 days from the date of the infraction.

(c) The warden or designee may elevate a secondary violation to a primary violation based on the following factors:

1. The nature and circumstances of the violation(s) committed;

2. The inmate’s or approved visitor’s previous violation history; and

3. The frequency of violations.

(d) If an inmate or approved visitor commits a primary violation of any Department rule related to video visitation as noted in paragraph (12)(b) of this rule, he or she will be considered by the warden or designee for a one-year suspension of video visitation privileges. If a subsequent primary violation is committed within one year of the reinstatement of privileges, the inmate or approved visitor will be referred by the warden to the regional director for consideration of an indefinite suspension of video visitation privileges. Upon referral, the warden must submit a detailed recommendation to the regional director outlining the reasons for his or her recommendation. The recommendation and the regional director’s decision will be recorded in the Department’s electronic inmate database and the inmate or approved visitor will be notified accordingly.

(e) A suspension imposed under this subsection is independent of any suspension of privileges imposed under Rule 33-601.308, F.A.C. Suspension of an inmate’s video visitation privileges is authorized as part of any disciplinary action when the evidence in a disciplinary report clearly indicates that the cited infraction occurred during the inmate’s exercise or utilization of video visitation privileges.

(f) A suspension imposed under this subsection is to be served concurrent with any suspension of regular visitation privileges imposed under Rule 33-601.731, F.A.C.

(g) The reinstatement of indefinitely suspended video visitation privileges will only be considered by the regional director after two calendar years from the date of imposition of the suspension. Should the suspended individual be denied reinstatement, the individual must not make another request for six months from the last decision denying reinstatement.

(h) Inmates and approved visitors are responsible for their conduct and for any consequences thereof in connection with their use of the video visitation system.

(14) The warden is authorized to temporarily suspend the video visitation privileges of an inmate or approved visitor who is involved in or is the subject of an ongoing investigation pending the outcome of the investigation.

(15) The Secretary and Deputy Secretary have the authority to review and modify the video visitation privileges any inmate or approved visitor when it is determined that the modification will further an inmate’s rehabilitation, ensure consistency with the Department’s rules, enhance public safety, or ensure the security of a correctional institution.

(16) During an emergency or extended disruption of Department, regional, or institutional operations, the Secretary or Deputy Secretary may modify the access to any or all privileges authorized under this rule. Normal access will be restored as soon as a return to safe operations is permitted by the circumstances. A modification may be instituted for any of the following reasons:

(a) An imminent, a current, or the immediate aftermath of a disturbance, uprising, strike, or riot.

(b) Staffing limitations that pose a significant threat to the safety and security of inmates, staff, or the public.

(c) When an institution is locked down based on the scope and severity of the precipitating incident or event.

(d) During a declared emergency.

(e) Prior to, during, or in the immediate aftermath of a natural disaster.

(f) A medically-related incident that poses a significant health threat to inmates or staff.

(g) Any other extraordinary circumstance that poses a potential threat to the safety or security of the institution, the inmate population, staff, or the public.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.8031 FS. History–New 1-18-21.

33-603.101 Use of Committed Name.

(1)(a) In order to avoid conflicts in mailing and visiting privileges, as well as to assist inmates in making bank and canteen transactions and ensure timely delivery of legal documents, and to provide staff with a consistent means of inmate identification for security and daily institutional operation purposes, each inmate shall be recognized by the department under the name on the initial commitment under which the inmate was received. The committed name shall be obtained from the information or indictment page of the commitment package, not from the uniform commitment to custody cover sheet. For multiple cases imposed on separate dates, the committed name is the name on the information page of the commitment of the earliest imposed case. For multiple cases imposed on the same date, commitments are arranged according to service of the sentences or sequential order as directed by the sentencing court and the committed name is the name on the information page of the first imposed case as so designated. For multiple cases imposed on the same date where the order of sentencing cannot be determined, the cases are arranged numerically and the committed name is the name on the information page of the commitment with the lowest case number. This name shall be the inmate’s official identification throughout the continuous incarceration of the inmate on that sentence or combined sentences and must be included on any official document sent or received by the inmate except as provided in subsection (3), below.

(b) The department shall register any known aliases on the inmate’s record and shall also designate on the record which name is the inmate’s true or legal name if this information is available. If an inmate’s true or legal name is not the committed name, the inmate shall be permitted to use the true or legal name on documents and mail so long as the committed name and DC number appear first, followed by the true or legal name.

(c) Legal Religious Names.

1. Upon request of an inmate to include a legal religious name to the inmate identification card, the warden or facility head shall forward the request and supporting documentation to the Office of the General Counsel for verification that the inmate’s name has been legally changed for religious reasons through court order, birth certificate or other legally acceptable documentation. When verification is complete, the Office of the General Counsel shall notify the warden or facility head in writing.

2. The institution or facility shall affix a label to the reverse side of the inmate identification card which bears the following:

This is to certify that the legal religious name of inmate DC# ________ is

[INSERT LEGAL RELIGIOUS NAME]

__________________________________________

[Signature] Warden or Facility Head, Name of Facility

3. A legal religious name change does not require that the department alter official records; the inmate’s committed name shall be used for all department business.

(d) Nothing in this rule prohibits issuance of an educational or vocational certificate in the inmate’s true or legal name providing that the office issuing such certificate provides a photocopy of the certificate to be placed in the inmate’s institutional file and such copy also reflects the inmate’s committed name and identification number.

(2) Incoming and outgoing mail shall be processed in accordance with Rules 33-210.101 and 33-210.102, F.A.C.

(3) An inmate who has litigation pending which was filed under a name other than the official name shall be responsible for notifying the institution or facility mailroom in writing of the name under which litigation is pending. Incoming legal mail addressed to an inmate under a name other than the official committed name shall be forwarded to the inmate if the inmate has notified the mailroom of pending legal actions under this name. If there is no record of such notification by the inmate, the mailroom shall request that the appropriate institutional office check the offender information system for identification of the addressee. If such effort fails to reveal proper identification, the mail shall be returned to the sender with appropriate notations that the addressee could not be identified.

(4) An inmate who desires to have a document or documents notarized under a name other than the official committed name shall advise the notarizing officer in writing at least three working days prior to requesting such notarization. The notice shall specify the name under which the inmate plans to sign. The notary shall review the inmate’s record to confirm that the name is a true or legal name or a known alias. If there is no record of the name in the institutional file, or the inmate cannot provide identification or documentation that the name is either his or her true or legal name, or that there is a legal action pending involving the inmate under such name, the officer shall not notarize the signature. Following production of such identification or documentation, the notary shall notarize the document and indicate the manner by which the inmate was identified. If the inmate has obtained a legal religious name change and wishes to have documents notarized under this name, the legal religious name affixed to an inmate identification card shall be sufficient for purposes of provision of notary services unless there is a reason to believe that the information has been forged or altered.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 9-30-93, Formerly 33-6.0012, Amended 4-29-02, 5-20-03, 7-7-05, 12-12-06.

33-603.201 Transfer of Inmates.

(1) For the purposes of this rule “transfer” shall mean the reassignment and movement of inmates from one institutional facility to another. “Transfer” does not include such movement as may be required for the normal operations of the Department such as outside trips sponsored by religious, Jaycee and Alcoholics Anonymous groups and trips by work and maintenance crews. In emergency situations medical records will be transferred with the inmate except that in emergencies such as the evacuation of a facility, the medical records will be boxed together with all records going to one location and forwarded to the receiving institution(s) with the inmates or as soon as possible. In such emergencies, individual packaging of medical records is waived. Local procedures shall be established to ensure that appropriate facility staff have access to the institutional inmate record during weekends, holidays, and after normal business hours. Such procedures shall ensure that the security of the record is not compromised and that accountability for the record is maintained in the event that access is required other than during normal working hours. Following an emergency transfer, all other sub-files, such as the visiting record, educational record, property record, etc., shall be forwarded by the sending facility within 72 hours following the transfer.

(2) In order to ensure coordination in the operation of the transfer system, ensure the safety of the public, employees and inmates and to maintain proper security practices, a qualified officer must be in charge of each transfer. This rule shall also apply to work release centers except when inmate drivers are involved.

(3) All Department employees transferring inmates shall be certified as Correctional Officers. Transfer officers must also comply with the specific requirements outlined in Chapter 316, F.S.

(4) The transfer officer shall be responsible for maintaining schedules approved by the Bureau of Security Operations, Population Management, supervising and instructing additional personnel assigned, guarding inmates, maintaining order and discipline and ensuring the secure and safe custody of inmates being transferred.

(5) The transfer vehicle must be maintained in accordance with the guidelines set forth in Chapter 316, F.S., and be properly fueled, serviced and determined to be mechanically safe to transfer inmates. The vehicle shall be equipped with radio communication.

(6) The transfer officer shall ensure that the transfer orders, commitment papers or other documents authorizing transfers are in order prior to the boarding of inmates. Each inmate must be properly identified by the transfer officer prior to assuming or relinquishing supervision and control of the inmate. The transfer officer shall verify the identity of law enforcement agencies and their representatives prior to releasing an inmate into their custody.

(7) The transfer officer shall ensure that all inmates are searched prior to boarding the transfer vehicle. Searches shall be conducted by or under the direct supervision of the transfer officer when assistance is obtained form the institution.

(8) In addition, if there is any indication that an inmate who is to be transferred is not in good physical or mental condition, the transfer officer shall secure the advice of the institution physician before beginning the trip. Transfer of an inmate who is ill or injured shall be undertaken based on the advice of the Chief Health Officer on duty. The Chief Health Officer shall determine if medical staff are to accompany the inmate while being transferred. If he does decide that medical staff need to accompany the inmate, he must assign this staff.

(9) In transferring any death row, close management, or disciplinary confinement inmate, or any inmate determined by the Chief of Security to be a high-risk inmate, the following shall be required:

(a) Communication between the two vehicles is essential and is required between both vehicles and the home station.

(b) Specific written instructions will be provided from the transportation section of the Bureau of Security Operations, Population Management.

(10) The transfer officer shall conduct a head count of inmates prior to departure and maintain continuing checks while en route and upon arrival at the receiving institution.

(11) If stops occur within the secure confines of an institution and inmates remain on board the vehicle, the vehicle shall be parked so that the institution can provide proper supervision before the transfer officer leaves the vehicle.

(12) Manpower requirements shall vary depending upon the mode of transfer, the distance to be traveled and the type and number of inmates. Each situation must be thoroughly evaluated by the Chief of Security or shift supervisor prior to departure and appropriate personnel assigned.

(13) Female inmates, when being transferred on the same vehicle as male inmates, shall be physically separated from the male inmates by security screens and other security measures.

(14) A reasonable number of stops shall be made in order for inmates to utilize toilet facilities. Proper security shall be provided inmates when utilizing toilet facilities on or off the transfer vehicle.

(15) Use of firearms shall be in accordance with Rule 33-602.210, F.A.C.

(16) If an inmate escapes while being transferred, the transfer officer shall exhaust all resources immediately available to him in apprehending the inmate and then take immediate action to contact the nearest law enforcement agency. As soon as possible, the transfer officer shall notify his supervisor of the escape and give an oral report of the incident. When the local law enforcement agency no longer requires assistance, the transfer officer shall continue with his duties. Under no circumstances shall supervision of other inmates be relaxed in order to pursue an escaping inmate.

(17) Transfer by Commercial Airlines. Transfers via airlines shall be coordinated by the Bureau of Security Operations, Population Management. The Bureau of Security Operations, Population Management shall maintain liaison with the airlines and formulate standard operating procedures in accordance with Federal Aviation Agency and airline regulations.

(18) Private Transport Companies. The Department is authorized to contract with private transport companies for the transfer of prisoners both within the beyond the limits of this state. In addition to the provisions found in Section 944.597, F.S., the following contractual requirements are also applicable to private transport companies:

(a) Transfer officers whose driver’s license is issued by the state of Florida shall comply with the licensure provisions contained in Chapter 322, F.S. Transfer officers whose driver’s license is issued by another state shall comply with the licensure provisions of that state.

(b) Each motor vehicle registered and licensed by a transport company in the state of Florida shall comply with the provisions of chapter 320, Florida Statutes (Motor Vehicle Licenses) and Chapter 324, F.S. (Financial Responsibility). Each motor vehicle registered and licensed by a transport company in another state shall comply with the applicable motor vehicle licensure and financial responsibility laws of that state. Every motor vehicle operated by a transport company for the transfer of inmates shall comply with all inspection and safety requirements of the state where the vehicle is registered. Each motor vehicle operated for the purpose of transporting inmates shall be routinely inspected by the operator, maintained, and mechanically safe for the transfer.

(c) Failure to report incidents, falsification of reports, coercing or attempting to coerce others not to report or to falsify reports may result in appropriate criminal penalties and cancellation of the contract.

(d) Correctional administrators will refuse to release death row, close custody, or other high-risk inmates to a private transport company or other law enforcement agencies that do not have an armed officer assigned or who do not provide a secure vehicle for transport. In these situations, the institution will:

1. Refuse to release the inmate and advise the transport company or law enforcement officer to stand by.

2. Contact the Population Management section of the Bureau of Security Operations during normal working hours.

3. On weekends, holidays, or after normal working hours, contact the Emergency Action Center which will notify appropriate central office staff.

4. Population Management staff will contact the on duty supervisor for the private transport agency or law enforcement agency involved and advise him or her of the specific concern. This will be documented and the results of this contact relayed to the involved institutional staff providing specific directions regarding release.

Rulemaking Authority 944.09 FS. Law Implemented 944.597 FS. History–New 7-12-86, Amended 5-21-92, 1-6-94, 2-12-97, 11-8-98, Formerly 33-7.009, Amended 8-28-01, 3-27-08, 7-15-18.

33-603.401 Gain Time – Definitions.

(1) Basic Gain Time Deductions from sentence determined by the length of sentence and awarded in a lump sum upon commitment to the department.

(a) An inmate whose offense occurred prior to July 1, 1978, will have basic gain time deducted in accordance with Section 944.27, F.S. (1977).

(b) An inmate whose offense occurred on or after July 1, 1978, and if eligible by law will have basic gain time deducted in accordance with Section 944.275, F.S. (1983).

(2) Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities.

(a) Inmates convicted of offenses occurring prior to January 1, 1994 shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.

(b) Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level from 8 through 10 of the sentencing guidelines offense severity chart (Chapter 921.0012, F.S.) shall be eligible to receive up to 20 days of incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.

(c) Inmates convicted of offenses committed on or after October 1, 1995 shall be eligible to receive up to 10 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.

(d) Inmates sentenced as violent career criminals for offenses committed on or after October 1, 1995 shall be eligible to receive up to 5 days of incentive gain time per month, except as provided in subsection 33-601.101(1), F.A.C.

(3) Enhanced Incentive Gain Time – Gain time that is considered on a monthly basis for all inmates who are eligible and have worked diligently, participated in training, used time constructively or otherwise engaged in positive activities. Inmates convicted of offenses occurring on or after January 1, 1994 which fall within level 1 through 7 of the sentencing guidelines offense severity chart (Section 921.0012, F.S.) are eligible to receive up to 25 days of enhanced incentive gain time per month, pursuant to subsection 33-601.101(3), F.A.C., except as provided in subsection 33-601.101(1), F.A.C.

(4) Meritorious Gain Time – Any inmate who performs an outstanding deed, such as saving a life or assisting in recapturing an escaped inmate, or who in some manner performs an outstanding service that would merit the granting of additional deductions from his sentence length, may be awarded meritorious gain time.

(5) Performance Ratings for Incentive Gain Time. The following ratings are based on behavioral objectives as set forth in subparagraphs 33-601.101(3)(a)1. and 2., F.A.C.

(a) Unsatisfactory – The inmate failed to meet a behavioral objective during the month.

(b) Satisfactory – The inmate met all behavioral objectives during the month.

(c) Above satisfactory – The inmate met all behavioral objectives during the month and exceeded what is required to comply with one or more of the behavioral objectives.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.035, Amended 4-17-94, 1-4-95, 3-24-96, 4-21-96, Formerly 33-11.0035.

33-603.402 Basic Gain Time.

The Department of Corrections will award deductions from a sentence in the form of basic gain time to encourage satisfactory inmate behavior.

(1) Ineligibility.

(a) No inmate shall be eligible to receive or accumulate basic gain time:

1. For the mandatory minimum portion of a sentence imposed pursuant to Section 775.087(2), F.S., for an offense committed on or after October 1, 1976 involving use or possession of a firearm, machine gun, or destructive device as defined in Section 775.087, F.S.;

2. For the minimum portion of a sentence imposed pursuant to Section 893.13(1)(e), F.S. (1989), for a specified drug-related offense committed on or after June 27, 1989 but prior to January 1, 1994, in, on, or within 1,000 feet of a school;

3. If sentenced as a habitual felony offender or a habitual violent felony offender under Section 775.084(4), F.S., for an offense which occurred on or after October 1, 1988;

4. If sentenced under Section 893.13(1)(i)1., F.S. (1991), for a specified drug-related offense committed prior to January 1, 1994 in, on, or within 200 feet of real properties described in Section 893.13, F.S.;

5. If serving a sentence with no definite term, that is, a life sentence or death sentence;

6. For the period of time remaining in any treatment program placement term imposed under Section 953.11, F.S.;

7. If sentenced for any degree of sexual battery specified under Section 794.011, F.S., for a crime committed on or after October 1, 1992;

8. If serving a sentence for a crime committed on or after January 1, 1994.

(b) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the minimum or mandatory minimum portion of a sentence imposed pursuant to:

1. Section 775.0823, F.S., for specified crimes committed prior to January 1, 1994 against a law enforcement or correctional officer or other officer defined in Section 943.10(1), (2), (3), (6), (7), (8), or (9), F.S., or any state attorney, or assistant state attorney on or after January 1, 1990, or against a judge or justice of a court described in Article V of the State Constitution on or after October 1, 1990;

2. Section 775.0875(1), F.S., for taking a firearm from a law enforcement officer while such officer was lawfully engaged in law enforcement duties in those instances where the offense was committed prior to January 1, 1994.

(c) An inmate shall not be eligible for basic gain time in an amount which would cause a sentence to expire prior to such inmate having served the period of time for which the court has retained jurisdiction pursuant to Section 947.16(4), F.S.

(2) Eligibility. Except for sentences of life or death, or sentences imposed for offenses committed on or after January 1, 1994, basic gain time credit will be awarded to all other cases unless specifically prohibited by applicable law.

(3) How credited. Basic gain time shall be calculated at the rate specified by law according to the date of offense and shall be based on the length of the sentence imposed. A portion of a month will be prorated on the basis of a 30-day month. Portions of any sentences to be served concurrently shall be treated as a single sentence when determining basic gain time.

(a) For offenses committed prior to July 1, 1978, basic gain time shall be awarded in the amount of 5 days per month for the first and second years of the sentence, 10 days per month for the third and fourth years of the sentence and 15 days per month for all succeeding years of the sentence, pursuant to Section 944.27 (1977), F.S.

(b) For offenses committed on or after July 1, 1978, but before January 1, 1994, basic gain time shall be awarded in the amount of 10 days for each month of the sentence imposed, pursuant to Section 944.275, F.S.

(c) In order to establish an initial tentative release date, basic gain time awards are made in a lump sum upon entry into the department’s custody. For inmates serving a sentence with a minimum term as described in subparagraphs (1)(a)1. and 2., the lump sum award of basic gain time is limited to that portion of the sentence or sentences which exceeds the minimum term.

Rulemaking Authority 794.011(7), 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Amended 1-12-83, 1-31-85, Formerly 33-11.045, Amended 4-28-87, 12-18-88, 10-14-91, 3-23-93, 4-17-94, 3-24-96, Formerly 33-11.0045.

33-603.410 Credit for Time Served Following Apprehension in Another Jurisdiction.

An escapee or an absconder from supervised community release or provisional release supervision shall be eligible for credit for time served following apprehension in another jurisdiction as follows:

(1) If the offender is being held solely on the Department of Corrections’ warrant, credit will be applied from the date of arrest. However, if the offender refuses to waive extradition, credit will be stopped on the date of such refusal and will not resume until the offender is taken into custody by agents of the department, or the offender subsequently signs a waiver of extradition.

(2) An offender who is arrested and charged with crimes committed in an out-of-state jurisdiction shall not be eligible for credit for time served on the Florida sentence until such additional charges are disposed of and the offender is being held solely on the department’s warrant. In such instances, credit shall be allowed from the date of disposition of local charges.

(3) If the offender is bondable on the out-of-state charges, credit may be applied from the date of arrest upon receipt of appropriate documentation that such offenses were bondable.

Rulemaking Authority 944.09, 944.275 FS. Law Implemented 944.09, 944.275 FS. History–New 3-30-95, Formerly 33-3.0106.

33-603.411 Warrants for Retaking Offenders.

(1) When an offender escapes from custody or absconds from a rehabilitative community reentry program prior to satisfaction of the sentence or combined sentences, the Secretary of the Department or the Secretary’s designated representative may issue a warrant for retaking such offender into custody to serve the remainder of such sentence or combined sentences. If it is determined that an offender was released in error, or if it is subsequently determined that the offender was statutorily ineligible for release, a warrant may be issued if the sentence would not have expired had the inmate remained in confinement. The warrant issued must:

(a) Be in writing and in the name of the Department of Corrections;

(b) Command that law enforcement officials take the offender against whom the warrant is issued into custody and hold them until such time as proper arrangements can be made for the return of the offender to the Department;

(c) Specify the name of the offender to be apprehended, the date of escape, date of absconding from supervision, or the date on which the offender was released in error, the date the offender was sentenced to incarceration in the Department, the county of sentence, the term of sentence; and

(d) Bear the seal of the Department of Corrections.

(2) The following procedures must be followed in cases of offenders who were released in error or were subsequently determined to be statutorily ineligible for release:

(a) Within three days of receiving notification that the offender has been taken into custody, excluding the day of notice, weekends and holidays, a correctional probation officer, classification supervisor, or other person designated by the Bureau Chief of Admission and Release for that purpose must provide the offender with a copy of the affidavit upon which the warrant was issued, a copy of the warrant, a written statement advising the offender that they may challenge their return to custody through use of the inmate grievance procedure, and a copy of Form DC1-303, Request for Administrative Remedy or Appeal. Form DC1-303 is incorporated by reference in Rule 33-103.006, F.A.C. In cases in which the offender is out of state, the time frame for delivery of the warrant package to the offender will be extended to seven days, excluding the day of the notice, holidays and weekends.

(b) An offender who wishes to challenge their return to Department of Corrections custody must file an emergency grievance directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303, in accordance with subsection Rule 33-103.007(3), F.A.C.

(c) Grievances filed with the Office of the Secretary regarding retaking an offender into custody must be responded to in accordance with the time frames set forth in Rules 33-103.007 and 33-103.011, F.A.C.

(d) Nothing in this section shall be deemed to constitute a waiver by the Department of Corrections of its authority or jurisdiction to retake offenders into custody under the circumstances set forth in subsection (1) of this rule, nor shall any procedure had under this section which results in or fails to result in retaking be deemed a waiver by the department of its authority or jurisdiction to retake offenders.

(3) A warrant issued under subsection (1) of this rule is in effect until the offender has been returned to the custody of the Department, or until the sentence is deemed satisfied, whichever occurs first.

Rulemaking Authority 944.09 FS. Law Implemented 944.405 FS. History–New 2-29-88, Amended 1-6-94, Formerly 33-3.0105, Amended 10-20-13, 8-22-23.

33-603.412 Actual Release Date.

A sentence expires at midnight, but release may be granted at any hour on such release date.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.275 FS. History–New 2-26-80, Formerly 33-11.12, 33-11.012.