reglab/statecodes huggingface dataset:
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-115 - AGENCY TRAVEL RULE › Section 20-115.001 - Agency Travel Rule

Current through Reg. 50, No. 138; July 16, 2024
Employees traveling outside the state of Florida on
				  Department business shall be entitled to reimbursement of actual and necessary
				  expenses. Employees shall provide a paid, detailed vendor receipt for any meals
				  exceeding the Class Meal allowance in Section
				   112.061, F.S. Foreign travel
				  shall be reimbursed in U.S. equivalent currency. The exchange rate, if not
				  specifically identified and documented at the time of travel, shall be the
				  published exchange rate as of the date the voucher is received by
				  accounting.
Rulemaking Authority
					 601.15(8)(a)
					 FS. Law Implemented 601.15(8)(a)
					 FS.
New 2-24-04, Amended 10-21-04,
					 2-19-14.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-116 - INTERNATIONAL PROMOTIONS › Section 20-116.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this rule is to establish consistency between
				  state and federal rules governing reimbursement of expenditures related to
				  approved international promotional programs and events utilizing USDA Foreign
				  Agricultural Service (FAS) and Florida Department of Citrus (FDOC) matching
				  funds.
Specific Authority
					 601.15(10)(a)
					 FS. Law Implemented 601.15(8)(b),
					 (c),
					 601.15(10)(h)
					 FS.
New 10-21-04.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-116 - INTERNATIONAL PROMOTIONS › Section 20-116.002 - Payments

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to regulations found at
				7 CFR
				1485.16(b)(6), (d)(12), Rev.
				1-1-04 (incorporated herein by reference), which allow for the expenditure of
				federal funds appropriated to the USDA Commodity Credit Corporation (CCC) for
				FAS programs; and pertaining to amounts advanced by cooperators and
				participants, such regulations allow for or exclude reimbursement of the cost
				of specified items; and pursuant to
				7 CFR
				1485.16(b)(6), which
				provides that a participant may seek reimbursement for expenditures associated
				with retail, trade and consumer exhibits and shows; and pursuant to
				7 CFR
				1485.16(d)(12), which
				specifically provides that alcoholic beverages that are not an integral part of
				an approved promotional activity are ineligible for reimbursement by the CCC,
				no expenditures or reimbursements shall be made for the purchase of alcoholic
				beverages unless the Executive Director, or his/her designee, has attested that
				alcoholic beverages are an integral part of the approved promotional activity
				prior to the event. Such attestation shall be set forth in the cost estimate or
				purchase order for the promotional activity.
(2) Funds from sources other than USDA FAS
				which require matching identified line items in the FDOC Operating Budget shall
				not be expended under this rule.
Specific Authority
					 601.15(10)(a)
					 FS. Law Implemented 601.15(8)(b), (c),
					 (10)(h)
					 FS.
New 10-21-04.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-119 - OWNERSHIP AND USE OF "THERE'S AMAZING INSIDE FLORIDA CITRUS GIFTS" CERTIFICATION MARK › Section 20-119.001 - Ownership

Current through Reg. 50, No. 138; July 16, 2024
The "There's Amazing Inside Florida Citrus Gifts" mark, as
				  shown below, is a trademark of the State of Florida, Department of Citrus. All
				  right, title and interest in and to said mark, granted to and vested in the
				  State of Florida, Department of Citrus, via State and Federal laws, is hereby
				  noticed to all interested persons.
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Rulemaking Authority
					 601.10(1),
					 601.15(2)(b),
					 (10)(a) FS. Law Implemented
					 601.101
					 FS.
New 6-22-17.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-119 - OWNERSHIP AND USE OF "THERE'S AMAZING INSIDE FLORIDA CITRUS GIFTS" CERTIFICATION MARK › Section 20-119.002 - Permission Required for Use

Current through Reg. 50, No. 138; July 16, 2024
Use of said mark by any licensed Florida citrus fruit dealer
				  operating as a gift fruit shipper in any manner will not be permitted without
				  express written permission from the Department of Citrus. Further, any such use
				  shall be in conformity with the requirements of this chapter. However, such
				  permission shall not be denied to any person, firm or corporation who complies
				  with the requirements of this rule, it being the express purpose of the
				  Department of Citrus to encourage widespread use and, at the same time, to
				  protect the integrity of the mark.
Rulemaking Authority
					 601.10(1),
					 601.15(2)(b),
					 (10)(a) FS. Law Implemented
					 601.101
					 FS.
New 6-22-17.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-119 - OWNERSHIP AND USE OF "THERE'S AMAZING INSIDE FLORIDA CITRUS GIFTS" CERTIFICATION MARK › Section 20-119.003 - General Restrictions on the Use of "There's Amazing Inside Florida Citrus Gifts" Certification Mark

Current through Reg. 50, No. 138; July 16, 2024
(1) Use of
				this mark shall be restricted to use in conjunction with the advertising,
				promotion, merchandising, and packaging of Florida gift citrus fruit, which
				meet the requirements set forth in Chapter 20-44, F.A.C., and the maturity
				standards as set forth in Chapters 20-50, 20-53 and 20-55, F.A.C.
(2) The mark shall not be used in any
				advertising, promotion, merchandising or packaging in lieu of a brand name or
				used in conjunction with a brand name in such a manner as to dominate or appear
				to be a part of a brand name.
(3)
				The mark, as shown in Rule
				 20-119.001, F.A.C., must be used
				in its entirety.
(4) Prior to each
				new use of the mark a written request must be submitted to the Department of
				Citrus giving full explanation and examples of proposed usage.
(5) The licensee shall indemnify the
				Department and save it harmless with respect to any claims arising out of the
				use of its products bearing the mark by any person, or any claims arising out
				of misbranding or false or misleading advertising by the
				licensee.
Rulemaking Authority
					 601.10(1),
					 601.15(2)(b),
					 (10)(a) FS. Law Implemented
					 601.101
					 FS.
New 6-22-17.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-119 - OWNERSHIP AND USE OF "THERE'S AMAZING INSIDE FLORIDA CITRUS GIFTS" CERTIFICATION MARK › Section 20-119.004 - Use on Containers and Merchandise

Current through Reg. 50, No. 138; July 16, 2024
(1) The mark may, at the option of the gift
				fruit shipper, be used on gift fruit shipping containers or packaging
				containing citrus fruit grown in the state of Florida, provided the mark does
				not dominate or appear to be a part of any brand name.
(2) No licensee shall use the mark on any
				premiums, gift, novelty items or other non-citrus merchandise without the
				express permission of the Department of Citrus.
Rulemaking Authority
					 601.10(1),
					 601.15(2)(b),
					 (10)(a) FS. Law Implemented
					 601.101
					 FS.
New 6-22-17.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20-119 - OWNERSHIP AND USE OF "THERE'S AMAZING INSIDE FLORIDA CITRUS GIFTS" CERTIFICATION MARK › Section 20-119.005 - Withdrawal of License or Permission

Current through Reg. 50, No. 138; July 16, 2024
The Department of Citrus reserves the right to withdraw any
				  given license or permission to use the mark upon the failure of the authorized
				  user to comply with the provisions set forth herein. In determining whether the
				  product complies with the quality standards prescribed, the test methods
				  generally accepted and approved by the Department of Citrus and referenced in
				  Chapter 20-14, F.A.C., Department of Citrus rules, shall be employed. The
				  Department shall have the right to terminate the license with immediate effect
				  in case the licensee has not made any bonafide commercial use of the mark for
				  more than one year.
Rulemaking Authority
					 601.10(1),
					 601.15(2)(b),
					 (10)(a) FS. Law Implemented
					 601.101
					 FS.
New 6-22-17.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20ER17 - Emergency Rule for Year 2017 › Section 20ER17-3 - Navels - Maturity Standards

Current through Reg. 50, No. 138; July 16, 2024
From October 18, 2017 to July 1, 2018, both dates inclusive,
				  navels shall be deemed to be mature when the total soluble solids of the juice
				  of the sample is not less than 8.5 percent.
Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented
					 601.9910(1) FS.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20ER17 - Emergency Rule for Year 2017 › Section 20ER17-4 - Grapefruit: 2017-2018 Maturity Standards - Processed

Current through Reg. 50, No. 138; July 16, 2024
For the period beginning December 15, 2017 through April 14,
				  2018, both dates inclusive, the minimum ratio of total soluble solids to
				  anhydrous Citric acid shall be not less than six to one, with a minimum Brix of
				  6.5, with no minimum juice requirement
Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented
					 601.9910(1) FS.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20ER17 - Emergency Rule for Year 2017 › Section 20ER17-5 - Anhydrous Citric Acid Standards for fresh Oranges

Current through Reg. 50, No. 138; July 16, 2024
From December 21, 2017 through March 31, 2018, fresh
				  early/mid-season oranges shall be deemed mature when the juice of the sample
				  contains not less than 0.36 percent of anhydrous citric acid.
Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented
					 601.9910(1) FS.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20ER18 - Emergency Rule for Year 2018 › Section 20ER18-1 - When Grapefruit for Processing into Juice and Juice Products Deemed Mature

Current through Reg. 50, No. 138; July 16, 2024
For the period December 6, 2018 through April 14, 2019, both
				  dates inclusive, the minimum ratio of total soluble solids to anhydrous citric
				  acid shall be not less than six to one, with a minimum Brix of 6.5, with no
				  minimum juice requirement for grapefruit to be processed into juice and juice
				  products, both field run and packinghouse eliminations.
Rulemaking Authority 601.10(7), 601.11 FS. Law Implemented
					 601.9910(1) FS.
Florida Administrative Code › 20 - DEPARTMENT OF CITRUS › 20 - Departmental › Chapter 20ER23 - Emergency Rule for Year 2018 › Section 20ER23-1 - Orange Maturity Standards - Processed

Current through Reg. 50, No. 138; July 16, 2024
For the period beginning at 12:00 a.m. on February 23, 2023,
				  and end at 11:59 p.m. May 23, 2023, all oranges must have a Brix value of no
				  less than 7.0 and there shall be no minimum ratio of total soluble solids to
				  anhydrous citric acid on all oranges.
Rulemaking Authority
					 601.10(7),
					 601.11,
					 601.111 FS. Law Implemented
					 601.9910(1)
					 FS.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-15 - PRACTICES AND PROCEDURES › Section 23-15.011 - Commission Voting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  947.07 FS. Law Implemented  947.04,
					  947.06 FS.
New 1-26-93, Amended 1-5-94, 3-2-94, Repealed
					 7-30-14.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-15 - PRACTICES AND PROCEDURES › Section 23-15.015 - Indexing of Orders

Current through Reg. 50, No. 138; July 16, 2024
(1) Public Inspection and Duplication. The
				following shall be made available from the agency for public inspection and
				copying, at no more than cost:
(a) All final
				orders which the agency is required to index.
(b) A current subject-matter index
				identifying final orders which are indexed.
(c) A list of final orders which are not
				indexed, including stipulations, agreed settlements and consent
				orders.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of Chapter 23-20, F.A.C.:
(1) Mutual Participation Program (MPP) shall
				be where the terms and conditions of institutional confinement, a parole date,
				the terms and conditions of parole supervision, and parole release date are
				agreed to by the Department of Corrections, (hereinafter referred to as
				Department) the Commission on Offender Review, and the inmate.
(2) Institution shall mean any facility under
				the jurisdiction of the Department.
(3) Inmate shall mean any person under
				Florida court commitment to incarceration in the Department.
(4) Mutual Participation Program
				Administrator shall mean an individual employed by the Department who acts as a
				Coordinator-Advisor between the Department, the Commission, and the
				inmate.
(5) Work Program shall mean
				productive work assignments.
(6)
				Department Representative shall mean those individuals designated by the
				Department to represent the Department in negotiations.
(7) Commission Representative shall mean
				those individuals designated by the Commission to represent the Commission in
				its negotiations.
(8) Orientation
				shall refer to the process of informing all inmates and staff regarding Mutual
				Participation Program.
(9)
				Negotiation shall mean that period of program planning where representatives of
				the Department, the Commission, and the inmate meet in a planning session to
				develop a program designed for the individual inmate, that is realistic and can
				be agreed upon by all parties.
(10)
				Mutual Participation Agreement shall mean that written document which contains
				those agreed upon conditions from the date of negotiation, through the period
				of incarceration and discharge from parole supervision after final approval by
				the Commission.
(11) Renegotiation
				shall refer to the process of reconsideration of the document terms because of
				factors not known or not present at the time of the original
				negotiations.
(12) Mutual
				Participation Program Parole Date shall mean the date the inmate is to be
				released from incarceration on parole pursuant to a Mutual Participation
				Program agreement, subject to the provisions of Section   947.18,
				F.S.
Rulemaking Authority  947.07,  947.135,  947.20 FS. Law
					 Implemented  947.135 FS.
New 9-10-81, Formerly 23-20.01, Amended
					 1-26-93.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.002 - Scope of Responsibility

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Department and the Commission shall jointly plan and carry out an orientation
				program to insure that all inmates and staff are informed of the Mutual
				Participation Program.
(2) The
				Department and the Commission shall jointly share information regarding inmates
				involved in or applying to the Mutual Participation Program.
(3) Once negotiations are completed, the
				agreement shall be finalized within 10 calendar days and forwarded to the
				Commission. The Commission, upon receipt of the agreement shall, within 60
				calendar days, approve, disapprove or refer for renegotiation. Any Mutual
				Participation Program agreement renegotiated at the request of the Commission
				shall be returned to the panel of Commissioners which requested
				renegotiation.
(4) The Office of
				the Commission Clerk will be provided with an opportunity to review the
				agreement and may provide input prior to the agendaed action by the
				Commission.
(5) The Department
				shall be responsible for providing any services or programs agreed to under the
				terms of the agreement.
(6) The
				Commission shall consider paroling the inmate on the agreed release date
				subject to successful completion of the terms of the agreement.
(7) It shall be the responsibility of the
				inmate to initiate a request for consideration for the program. All inmates
				shall be eligible for consideration for participation in this program who are
				not specifically excluded by Statute.
(8) It shall be the responsibility of each
				inmate under a Mutual Participation Program agreement to become involved in and
				successfully and timely complete each condition of the Mutual Participation
				Program.
Rulemaking Authority  947.07,  947.135,  947.20 FS. Law
					 Implemented  947.135 FS.
New 9-10-81, Formerly 23-20.02, Amended 1-26-93, 3-31-10,
					 2-12-13.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.003 - Criteria for Program Eligibility

Current through Reg. 50, No. 138; July 16, 2024
All parole eligible inmates within the Department shall be
				 eligible for consideration for participation in the Mutual Participation
				 Program provided:
(1) They have not
				been sentenced as a habitual felony offender;
(2) They have not been convicted for a
				capital or life felony; and
(3)
				They have no sentences wherein the Court has retained jurisdiction over the
				offender for review of a Commission Release Order unless the offender signs an
				Acknowledgment that the Agreement shall be null and void in the event the Court
				exercises its authority to review and subsequently vacate the Commission's
				Release Order.
Rulemaking Authority  947.07,  947.135,  947.20 FS. Law
					 Implemented  947.135 FS.
New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-20.03,
					 Amended 1-26-93, 3-31-10.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.004 - Mutual Participation Program Agreement Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				agreements shall include all time periods from the date of the agreement,
				through the period of incarceration and termination from parole
				supervision.
(2) Institutional
				Mutual Participation Program agreement conditions must be satisfied not later
				than 60 calendar days prior to the parole date as agreed upon to allow for
				verification of completion.
(3)
				Parole supervision Mutual Participation Program agreement conditions must be
				satisfied not later than 60 calendar days prior to the parole release date as
				agreed upon to allow for verification of completion.
(4) Agreements shall be individualized as
				negotiated by the inmate, the Department, and the Commission.
(5) Agreements shall not be written to
				provide for release from incarceration in less than the mandatory minimum
				sentence requirements.
(6)
				Agreements shall not be written to provide for release from incarceration at a
				date later than the presumptive parole release date which would have otherwise
				been established.
(7) All
				agreements shall include that the inmate satisfactorily work at a job within
				the institution (either institutional or prison industries) and shall also
				satisfactorily participate in an educational or vocational training
				program.
(8) Agreements shall not
				be written to require academic classroom instruction at the college
				level.
(9) Each agreement
				successfully negotiated may include but is not limited to the following
				incarceration or parole supervision conditions that must be successfully
				completed before the inmate can be released on the agreed upon Mutual
				Participation Program parole date:
(a)
				Academic Program(s) below the college level;
(b) Vocational Programs;
(c) Special Counseling;
(d) Restitution;
(e) Work Release;
(f) Transfers;
(g) Behavioral
				Conditions.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.005 - Criteria for Parole Under the Mutual Participation Program

Current through Reg. 50, No. 138; July 16, 2024
Factors to be considered in determining whether or not to
				 approve an individual mutual participation agreement:
(1) The inmate shall have a satisfactory
				release plan as defined in these rules.
(2) The standard conditions of parole and any
				special conditions of parole required by the Commission, will be binding on the
				inmate under the Mutual Participation Program.
(3) The inmate must sign an official parole
				certificate prior to release from custody on parole and thereby agree to the
				terms and conditions of that parole.
Rulemaking Authority  947.07,  947.135,  947.20 FS. Law
					 Implemented  947.135 FS.
New 9-10-81, Formerly 23-20.05, Amended
					 1-26-93.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-20 - MUTUAL PARTICIPATION PROGRAM › Section 23-20.006 - Processing of Mutual Participation Program Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				inmate shall have the right to terminate the Mutual Participation Program
				agreement at any time, without cause. The inmate may cancel the agreement by
				notifying the Commission and the Department representatives in writing of his
				election to no longer participate in the program. The Commission and the
				Department shall no longer be under any obligation to comply with the
				negotiated terms. No penalty shall attach to the inmate's election to terminate
				the agreement and he shall return to his prior status.
(2) The agreement may be cancelled for good
				cause if the inmate fails to meet the conditions or if relevant information
				previously not known is brought to the attention of the Commission or the
				Department.
Rulemaking Authority  947.07,  947.135,  947.20 FS. Law
					 Implemented  947.135 FS.
New 9-10-81, Amended 10-1-82, Formerly 23-20.06, Amended
					 1-26-93.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.53, 947.06, 947.07, 947.20,
					 960.001(1)(d)3. FS. Law Implemented 120.53,  947.23,  947.06,  960.001 FS.
New 9-10-81, Formerly 23-21.01, Amended 1-26-93, 1-5-94,
					 8-16-94, 8-17-06, 3-31-10, Repealed
					 12-24-15.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
The following definitions are provided for the clarification
				 of all terms used throughout chapter 23, F.A.C.:
(1) "Aggravate" means to add a number of
				months to established number of months selected from the matrix time
				range.
(2) "Aggregation" means a
				process to separate multiple criminal episodes and score each single episode by
				determining the salient factor score, severity of offense behavior, presence of
				aggravating or mitigating circumstances and assess a number of months of
				incarceration for each scored episode. The total of months for each scored
				episode is then aggregated (added together) for the establishment of a
				presumptive parole release date.
(3) "Burglary" and "breaking and entering"
				are defined as they are found in the Florida Statutes on the dates the crimes
				were committed.
(4) "Commission
				Chair" means the Chair of the Florida Commission on Offender Review who, as
				selected by the Governor and Cabinet, is authorized to conduct agency business
				and call and preside over Commission meetings.
(5) "Commission investigator, " which is
				synonymous with "parole examiner, " "hearing examiner, " and "parole hearing
				examiner, " means a Commission employee authorized to:
(a) Conduct an initial, subsequent,
				effective, or special interview;
(b) Provide professional case analyses and
				recommendations to the Commission;
(c) Conduct investigations for the
				Commission;
(d) Hold preliminary,
				bond, final revocation, and rescission hearings in order to make
				recommendations to the Commission;
(e) Perform other duties as assigned by the
				Chair.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.0051 - Full Commission Reviews

Current through Reg. 50, No. 138; July 16, 2024
The Commission, consisting of three Commissioners, appointed
				 by the Chair, shall vote the following types of cases:
(1) Upon receipt of significant information
				impacting on parole decision-making, a single Commissioner can have a case
				placed on the docket for a full Commission vote;
(2) Should a panel split in their vote on any
				case voted on by a panel, the Chair or his or her designee will cast the
				deciding vote;
(3) Whenever a panel
				reviews a case which is on a docket and determines that new information has
				been gathered which suggests an extension or reduction of the established
				presumptive parole release date greater than sixty (60) months, the panel shall
				make its recommendation for such extension or reduction and refer the case to
				the full Commission. The panel's recommendation regarding the new information
				shall include a statement of the specific reason for its
				recommendation;
(4) In any case
				where a panel agrees to set or reduce a Mutual Participation Program parole
				release date sixty (60) months or more, below the established presumptive
				parole release date, the panel shall make its recommendation for such extension
				and refer the case to the full Commission;
(5) All parole violation cases following
				final hearing;
(6) All effective
				interviews, extraordinary interviews, and extraordinary reviews;
(7) All conditional medical release
				cases;
(8) Establishing presumptive
				parole release dates for capital felony offenders;
(9) Reviewing presumptive parole release
				dates requests filed pursuant to Section   947.173, F.S., for capital felony
				offenders;
(10) Parole cases in
				which the Department is making a recommendation, separately from any other
				scheduled action;
(11) Rescinding
				or nullifying a parole granted by the Commission;
(12) Reviewing the term and conditions of
				parole as outlined in Rule   23-21.017, F.A.C.;
(13) When the Commission cannot reach a
				majority vote, the action of the Commission is no action and the case will be
				placed on the next docket; and,
(14) Determining unsatisfactory institutional
				conduct for establishing eligibility for the setting of a presumptative parole
				release date for capital felony offenders.
Rulemaking Authority  947.07,  947.20 FS. Law Implemented
					  947.06,  947.07,  947.149,  947.18,  947.20 FS.
New 1-26-93, Amended 1-5-94, 8-17-06, 2-3-14,
					 7-16-17.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.0052 - Panel Reviews

Current through Reg. 50, No. 138; July 16, 2024
A panel consisting of two Commissioners, appointed by the
				 Chair, shall vote the following types of cases:
(1) Establishing presumptive parole release
				dates for offenders whose sentence does not include a capital felony;
(2) Inmate initiated reviews of presumptive
				parole release dates filed pursuant to Section   947.173, F.S., for offenders
				whose sentence does not include a capital felony;
(3) Reviewing subsequent parole interviews
				for possible modification of presumptive parole release dates;
(4) Determining unsatisfactory institutional
				conduct for establishing eligibility for the setting of presumptive parole
				release dates for offenders whose sentence does not include a capital
				felony;
(5) Reviewing the term and
				conditions of parole, control release, conditional release and addiction
				recovery supervision cases;
(6)
				Approving, rejecting, returning for renegotiation or canceling Mutual
				Participation Program agreements;
(7) Ordering an alleged parole violator
				returned for a final hearing following a preliminary hearing;
(8) Ordering an alleged parole violator
				released from custody or discharged following a preliminary hearing;
(9) Ordering a conditional releasee,
				addiction recovery releasee or control releasee, charged with a violation, to
				be revoked and returned to custody or released from custody and restored to or
				discharged from supervision following a final revocation hearing;
(10) Reviewing warrant requests submitted by
				a single Commissioner as provided in Rule   23-21.021, F.A.C.;
(11) Establishing, extending, advancing or
				vacating control release dates;
(12) Granting or denying requests for early
				termination from parole, control release, addiction recovery and conditional
				release supervision;
(13) Modifying
				or deleting special conditions of parole, control release, addiction recovery
				and conditional release supervision;
(14) Ordering release on recognizance
				following a hearing;
(15)
				Establishing the term and conditions for control releasees, conditional
				releasees and addiction recovery releasees;
(16) Referring a case for a Full Commission
				review, with good cause; and,
(17)
				Any other case not specifically set forth to be voted on by a Full Commission,
				as set forth in Rule   23-21.0051, F.A.C.
Rulemaking Authority  947.07,  947.20 FS. Law Implemented
					  947.06,  947.13,  947.135,  947.1405,  947.141,  947.146,  947.149,  947.172,  947.173,
					  947.174,  947.1745,  947.1746,  947.18,  947.19,  947.20,  947.23,  947.24 FS.
New 8-17-06, Amended
					 7-16-17.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.006 - Initial Interview Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) Upon
				receipt of notice that an inmate has been committed to the Department or to a
				county jail for a parole eligible cumulative sentence of 12 months or more, the
				Commission shall schedule an initial interview for the inmate. Inmates shall be
				eligible for parole consideration on all sentences which were not imposed
				pursuant to Sentencing Guidelines. An inmate currently serving a sentence
				imposed pursuant to Sentencing Guidelines shall not be eligible for parole
				consideration upon a consecutive non-guidelines sentence until service of the
				latter sentence has begun. The following criteria shall be used in determining
				parole eligibility:
(a) Is the inmate confined
				solely as a result of a sentence or sentences imposed under Sentencing
				Guidelines? If the answer is yes, the inmate is not eligible for parole
				consideration. If the answer is no, then:
(b) Where the inmate is confined as a result
				of multiple sentences, at least one of which is a sentence imposed under
				Sentencing Guidelines, whether concurrent or consecutive, the inmate shall be
				eligible for parole consideration, and can be paroled to the incarceration
				portion of the sentence(s) imposed under Sentencing
				Guidelines.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.008 - Severity of Offense Behavior

Current through Reg. 50, No. 138; July 16, 2024
The severity of offense behavior shall reflect the present
				 offense of conviction's degree of felony or misdemeanor. If the present offense
				 of conviction involved multiple separate offenses, the severity of offense
				 behavior shall be established for the most serious of the separate offenses
				 which resulted in a sentence to incarceration or in a sentence to 60 days or
				 more when aggregation is utilized, including sentences of 60 days or more to
				 time served. The other offenses may be used as aggravating factors whether
				 those commitments are active or expired. This shall be applied to both offenses
				 that led to either consecutive or concurrent sentences and convictions
				 resulting in sentence disposition other than to incarceration. If the actual
				 offense behavior was more or less severe than the present offense of
				 conviction, a decision outside the matrix time range may be
				 considered.
Rulemaking Authority  947.07,  947.165 FS. Law Implemented
					  947.002,  947.165 FS.
New 9-10-81, Amended 10-1-82, 8-1-83, Formerly 23-21.08,
					 Amended 1-5-94, 8-17-06.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.009 - Matrix Time Ranges

Current through Reg. 50, No. 138; July 16, 2024
(1) Calculate and total the Salient Factor
				Score.
(2) Determine the degree of
				felony or misdemeanor of the Present Offense of Conviction.
(3) Locate the Matrix Time Range where the
				Salient Factor Score total intersects with the Severity of Offense
				Behavior.
(4) If the totality of
				the circumstances of the Present Offense of Conviction warrants a decision
				outside the Matrix Time Range, or if there are indicants relative to the
				likelihood of favorable parole outcome which warrant a decision outside the
				Matrix Time Range, the appropriate Aggravation or Mitigation factors must be
				stated in writing with individual particularity.
(5) MATRIX:
Severity of Offense
							 Behavior
1
Salient Factor
							 Score
2
Recidivist
Criminal
(0-1)
(2-4)
(5-7)
(8-11)
Factor
1. Misdemeanor (Cumulative Sentence of 1 or more
							 Years)
8
8-12
12-16
16-22
24-32
2. Felony 3º (Statutory Sentence - Maximum of 5
							 Years)
12-20
20-26
26-32
32-48
48-64
3. Felony 2º (Statutory Sentence - Maximum of 15
							 Years)
20-26
26-32
32-48
48-64
90-120
4. Felony 1º (Statutory Sentence - Maximum of 30
							 Years)
30-70
70-90
90-120
120-180
180-300
5. Felony 1º and Life Felony (Statutory Sentence
							 - Maximum Life)
80-100
100-120
120-140
140-180
300-400
6. Capital Felony (Statutory Sentence - Life)
120-180
180-240
240-300
300-9998
400-9998
NOTES:
1. Length of
				Sentence as well as Salient Factor Score shall be considered when determining
				the Presumptive Parole Release Date.
2. Matrix Time Ranges are reported in
				months.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.010 - Decisions Outside the Matrix Time Range

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Commission may render a decision outside the matrix time range based on any
				competent and persuasive evidence relevant to aggravating or mitigating
				circumstances if the inmate is furnished a written explanation of such a
				decision. The requirements of competent and persuasive evidence are:
(a) That the information is specific as to
				the behavior alleged to have taken place; and,
(b) The source of the allegation appears to
				be reliable.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.011 - Calculating Time in Custody

Current through Reg. 50, No. 138; July 16, 2024
Time in custody means only time in actual physical custody
				 for the present offense of conviction. Time out of incarceration shall be part
				 of the calculation of time in custody. Time out shall include but not be
				 limited to bail, supersedeas bond, escape, unauthorized absence from official
				 custody, parole or MCR not credited by the Commission, or Federal Witness
				 Protection and must be considered before a presumptive parole release date is
				 established. Following are the procedures to be followed in calculating time in
				 custody for single conviction commitments, multiple conviction commitments and
				 cases where aggregation applies:
(1)
				Single Conviction Commitments:
(a) From the
				inmate's judgment and sentence document, determine the date of sentencing of
				the present offense of conviction.
(b) From the judgment and sentence document,
				determine the amount of county jail credit the Court awarded the
				inmate.
(c) Subtract from the date
				of sentence the Court awarded county jail credit. This will reflect the date
				the inmate was in actual physical custody as determined by the Court.
(d) Subtract any credit awarded by the
				Commission.
(e) Determine if the
				inmate spent any time out of incarceration. Time out of incarceration shall
				include for example, mandatory conditional release, supersedeas bond, escape,
				or grant of reprieve or parole. If the inmate was out of incarceration,
				ascertain the exact number of days out of incarceration and add those days to
				the date found in paragraph (c), above. This computation will produce the "TIME
				BEGINS" date.
(f) Determine the
				total number of months for incarceration and add that time to the "TIME BEGINS"
				date, as determined in paragraph (e), above. The resulting date will be either
				the recommended (by a Commission investigator) or the established (by quorum)
				presumptive parole release date.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.012 - Inmate Initiated Review of Presumptive Parole Release Date

Current through Reg. 50, No. 138; July 16, 2024
(1) An inmate can request one review of each
				initial presumptive parole release date established according to Section
				  947.173(1), F.S., if the inmate shows cause in writing, with individual
				particularities, within sixty (60) days after the date the inmate is notified
				of the establishment of the presumptive parole release date. In that request
				for review, the inmate must address every matter with which he takes issue or
				exception. The Commission shall accept the request for review either from the
				inmate, from the inmate's attorney or from a person with a power of attorney
				from the inmate. The request for review may be submitted on form PCG-5, which
				is hereby incorporated by reference. However, the Commission shall not require
				any particular form for the request for review. The following matters must be
				included:
(a) Inmate name and Department of
				Corrections Prison Number;
(b)
				Inmate's established presumptive parole release date;
(c) The case specific materials of which the
				inmate is requesting review:
1. Salient Factor
				Scoring;
2. Severity of Offense
				Behavior;
3. Aggravating or
				Mitigating Factors;
4. Calculation
				of Time in Custody.
(d)
				The relief sought by the inmate.
(e) The inmate can submit any written or
				printed evidence purporting to be an official court record. However, any such
				evidence shall be verified by the Commission and if verification proves any
				portion of the printed evidence to be invalid or false, the Commission shall
				inform the proper State Attorney.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.014 - Special Interviews

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Eligibility: A parole eligible inmate may be considered for a special interview
				for the following reasons:
(a) The saving of a
				life or the protection of a Department employee from assault or injury as
				verified by the Department;
(b)
				Providing information to the administration that assists in preventing an
				escape or results in the recapture of an escaped inmate, as verified by the
				Department;
(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; or
(d) For good cause in exceptional
				circumstances.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.0155 - Extraordinary Review Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) When an
				inmate's case is referred for extraordinary review by the Commission, an order
				shall be prepared outlining the reason(s) for the Commission's decision. The
				order shall be acted upon by the Commission within 90 days of the decision
				declining to authorize the effective parole release date. The Commission's
				order shall specifically state the reasons for finding the inmate to be a poor
				candidate for parole release pursuant to Section   947.18, F.S., and shall
				identify the information relied upon in reaching this conclusion. Additionally,
				the order shall suspend the established presumptive parole release date until
				such time that the inmate is found to be a good candidate for parole release.
				The determination, on extraordinary review, that an inmate is not a good
				candidate for parole release shall have the effect of overriding his
				presumptive parole release date however, the inmate shall continue to receive
				extraordinary interviews, which shall be scheduled pursuant to Rule   23-21.013,
				F.A.C.
(2) If upon extraordinary
				review, a majority of the Commission finds the inmate to be a good candidate
				for parole release pursuant to Section   947.18, F.S., the Commission shall enter
				a written order authorizing the effective parole release date, setting the date
				of release, and outlining the term and conditions of
				parole.
Rulemaking Authority  947.07 FS. Law Implemented  947.07,
					  947.18 FS.
New 8-1-83, Formerly 23-21.155, Amended 8-17-06, 2-12-13,
					 7-16-17.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.0161 - Extraordinary Interview Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) In
				conducting extraordinary interviews, investigators shall follow the procedures
				specified in these rules for conducting effective parole release date
				interviews and, additionally, shall obtain information relevant to the
				Commission's previous determination that the inmate was not a good candidate
				for parole release. The Commission Investigator shall reduce his recommendation
				to writing and forward it to the Commission within 30 days. The Commission
				shall independently review the complete official record in the inmate's case.
				The inmate shall be informed in writing of the Commission's findings on
				extraordinary review within thirty days of the Commission's decision.
(2) If, as a result of extraordinary
				interview, the Commission finds the inmate to be a good candidate for parole
				release, it shall establish an effective parole release date within two years
				from the date of the Commission's decision and schedule a new effective
				interview, if needed. Thereafter, actual release on parole is subject to the
				provisions of law authorizing postponement or rescission of an order of parole
				due to an unsatisfactory release plan, unsatisfactory institutional conduct, or
				acquisition of any other new information not available at the time of the most
				recent effective or extraordinary interview and as provided in Rule   23-21.019,
				F.A.C.
(3) If, as a result of
				extraordinary interview, the Commission finds that the inmate continues to be a
				poor candidate for parole release, the Commission shall again state the reasons
				and record support for this finding and shall again refuse to authorize an
				effective parole release date. Finally, the Commission shall schedule a
				subsequent extraordinary interview pursuant to Rule   23-21.013, F.A.C.
				Thereafter, such extraordinary interviews shall be performed in accord with
				this rule and shall continue until the Commission finds the inmate to be a good
				candidate for parole release or he otherwise satisfies his term of
				incarceration.
Rulemaking Authority  947.002,  947.07,  947.20 FS. Law
					 Implemented  947.18 FS.
New 8-17-06.
Florida Administrative Code › 23 - FLORIDA COMMISSION ON OFFENDER REVIEW › 23 - Departmental › Chapter 23-21 - COMMISSION OPERATIONS › Section 23-21.018 - Disposition of Special Types of Cases Under the Guidelines

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				inmate who is serving both parole eligible and ineligible sentences is eligible
				for parole consideration only on the eligible sentence or sentences. However,
				actual terms of parole service shall not be initiated until the satisfactory
				completion of the parole ineligible sentence and subsequent review by the
				Commission.
(a) If an inmate received a parole
				ineligible sentence under the provisions of Chapter 921, F.S., subsequent to or
				at the same time he received a parole eligible sentence, then he shall receive
				his initial interview in accordance with subsection   23-21.006(2), F.A.C. The
				Commission shall establish a presumptive parole release date and conduct
				subsequent reviews in a manner consistent with current law and administrative
				rules.
(b) Upon the Commission
				reaching a decision to authorize the establishment of an effective parole
				release date, an order granting parole shall be entered which shall specify
				that such order is applicable only to sentences which are parole eligible. The
				order shall contain appropriate language to ensure that all interested parties
				are clear as to the limited effect of such order.
(c) Upon the completion of the parole
				ineligible sentence as determined by the Department of Corrections, an
				interview shall be scheduled and conducted for the purpose of considering any
				new information and to obtain a release plan from the inmate. The inmate's case
				shall be placed on the Commission agenda following the interview at which time
				a decision shall be made regarding the inmate's release on parole.
1. If no new information is received which
				would negatively impact the release, the Commission shall establish a term of
				parole and such conditions of parole shall be determined in a manner currently
				provided for by law, except that the time the inmate served subsequent to the
				grant of parole shall not be counted.
2. If the Commission decides not to release
				the inmate on parole based on an unsatisfactory release plan, unsatisfactory
				institutional conduct or any other new information that would impact the
				release decision, the Commission shall cause a rescission hearing to be held to
				review the new information. Following the rescission hearing, the Commission
				shall either proceed with parole or rescind the parole and extend the
				presumptive parole release date, from the date of the grant of parole. However,
				the time the inmate served subsequent to the grant of parole shall not be
				counted in the extension. A new interview date will be scheduled as
				necessary.