reglab/statecodes huggingface dataset:
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-203 - FINANCE AND ACCOUNTING › Section 33-203.601 - Employee Benefit Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-203 - FINANCE AND ACCOUNTING › Section 33-203.701 - Personal Vehicle Damage Reimbursement Claims

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-203 - FINANCE AND ACCOUNTING › Section 33-203.801 - Restitution Claims

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-204 - FOOD SERVICE › Section 33-204.002 - Food Services - Definitions

Current through Reg. 50, No. 138; July 16, 2024
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.
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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-204 - FOOD SERVICE › Section 33-204.003 - Food Services - Standards of Operation

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-204 - FOOD SERVICE › Section 33-204.005 - Cash Meals and Special Group Meals

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-205 - GENERAL SERVICES › Section 33-205.101 - Private Correctional Facilities - Requests for Proposals, Contracts, Construction, and Operation

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.001 - Personnel - General

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.004 - Employment of Relatives

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.201 - Relief Factor for Staffing Security Posts (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 4-29-86, Amended 6-19-90, Formerly 33-4.008,
					 Transferred to  33-602.602.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.301 - Employment Gender Policy for Security Positions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09 FS. Law Implemented
					 20.315,
					 944.09
					 FS.
New 12-20-92, Formerly 33-4.011, Transferred to
					  33-602.603.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.401 - Personal Vehicle Damage Reimbursement Claims (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.0611 FS. Law Implemented
					 944.0611
					 FS.
New 3-17-96, Amended 11-16-97, Formerly 33-4.014, Amended
					 2-8-07, Transferred to
					  33-203.701.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.403 - Random Drug Testing of Employees

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.501 - Staff Housing - Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 20.315,
					 944.09(1),
					 945.025(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.001, Amended 8-16-00, 4-8-02,
					 3-30-05, Transferred to
					  33-602.800.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.502 - Staff Housing - Intent (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.002, Transferred to
					  33-602.801.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.503 - Staff Housing - Administrative Responsibilities (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.003, Amended 8-16-00, 3-30-05,
					 Transferred to  33-602.802.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.504 - Criteria for Assignment to Staff Housing (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 20.315,
					 944.09,
					 944.10,
					 945.025
					 FS.
New 9-1-88, Amended 9-5-89, Formerly 33-26.004, Amended
					 8-16-00, 4-8-02, 1-19-03, 3-30-05, 9-5-06, 4-20-10, Transferred to
					  33-602.803.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.505 - Staff Housing - Rent and Utilities (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1),
					 216.262(1)(e),
					 (f)
					 FS.
New 9-1-88, Formerly 33-26.005, Amended 8-16-00, 4-8-02,
					 Transferred to  33-602.804.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.506 - Staff Housing Agreement Form (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.006, Amended 8-16-00, 4-8-02,
					 3-30-05, 10-29-08, Transferred to
					  33-602.805.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.507 - Responsibilities of Staff Housing Occupants (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.007, Amended 8-16-00, 1-19-03,
					 3-30-05, 10-29-08, 3-19-09, Transferred to
					  33-602.806.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.508 - Staff Housing Inspections (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.008, Amended 8-16-00, 1-19-03,
					 Transferred to  33-602.807.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.509 - Staff Housing - Repairs and Replacements (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Formerly 33-26.009, Amended 3-30-05,
					 Transferred to  33-602.808.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-208 - PERSONNEL › Section 33-208.510 - Termination of Staff Housing Assignment (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09(1) FS.
					 Law Implemented 20.315,
					 944.09(1),
					 944.10,
					 945.025(1)
					 FS.
New 9-1-88, Amended 6-21-89, Formerly 33-26.010, Amended
					 8-16-00, 4-8-02, 1-19-03, 3-30-05, Transferred to
					  33-602.809.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-210 - FIELD SUPPORT SERVICES › Section 33-210.102 - Legal Documents and Legal Mail

Current through Reg. 50, No. 138; July 16, 2024
(1)
				All inmates shall have a right of unhindered access to the courts. No provision
				of this rule shall be applied in such a way as to conflict 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 documents to the court. Inmates shall be given ample time in which to
				prepare petitions and other legal documents. These documents will be processed
				promptly subject to the procedures outlined in this rule.
(2) Legal mail shall be defined as mail to
				and from the following entities:
(a)
				Municipal, county, state and federal courts.
(b) State attorneys.
(c) Private attorneys.
(d) Public defenders.
(e) Legal aid organizations.
(f) Agency clerks.
(g) Government attorneys.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-210 - FIELD SUPPORT SERVICES › Section 33-210.103 - Privileged Mail

Current through Reg. 50, No. 138; July 16, 2024
(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;
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-210 - FIELD SUPPORT SERVICES › Section 33-210.104 - Institutional Mail

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-210 - FIELD SUPPORT SERVICES › Section 33-210.105 - Community Corrections Mail

Current through Reg. 50, No. 138; July 16, 2024
(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.
New 12-7-09.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-210 - FIELD SUPPORT SERVICES › Section 33-210.201 - ADA Provisions for Inmates

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-210 - FIELD SUPPORT SERVICES › Section 33-210.202 - Facility Requirements for Correctional Institutions

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.101 - Offender Grievance Procedures

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.102 - Employer Notification of Supervision Status

Current through Reg. 50, No. 138; July 16, 2024
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.
New 5-28-86, Formerly 33-24.010, Amended
					 3-4-01.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.103 - Correctional Probation Officers: Appointment and Responsibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 5-28-86, Amended 2-15-98, 4-28-99, Formerly 33-24.011,
					 Amended 11-12-01, 12-15-03, Repealed
					 11-15-04.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.1031 - Correctional Probation Officers - Appointment and Responsibility

Current through Reg. 50, No. 138; July 16, 2024
(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.
				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.
(2)
				Officers may utilize a motorcycle or other two-wheeled vehicle to travel to and
				from work and court appearances. Officers shall utilize an enclosed
				four-wheeled or greater vehicle in the field.
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09
					 FS.
New 8-23-07, Amended
					 12-30-08.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.104 - Correctional Probation Officers Carrying Firearms

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.105 - Probation and Parole - Use of Force

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.106 - Intrastate Travel

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.108 - Monitoring Sex Offender Conditions of Supervision (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 944.09 FS. Law Implemented
					 944.09,
					 947.1405,
					 948.30
					 FS.
New 12-18-01, Amended 6-18-02, 12-31-03, 10-25-05, Repealed
					 4-7-16.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.109 - Offender Orientation

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.110 - Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.111 - Early Termination of Supervision

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.115 - Correctional Probation Officer Badges

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-302 - PROBATION AND PAROLE SERVICES › Section 33-302.116 - Community Control

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-401 - HEALTH SERVICES ADMINISTRATION › Section 33-401.105 - Refusal of Health Care Services

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-401 - HEALTH SERVICES ADMINISTRATION › Section 33-401.201 - Conditional Medical Release

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