Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.830 - Death Row

Current through Reg. 50, No. 138; July 16, 2024
(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.