Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.713 - Inmate Visitation - Definitions

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