Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-103 - INMATE GRIEVANCE PROCEDURE › Section 33-103.001 - Inmate Grievances - General Policy

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of the grievance procedure is
				to provide an inmate with a channel for the administrative settlement of a
				grievance. In addition to providing the inmate with the opportunity of having a
				grievance heard and considered, this procedure will assist the Department by
				providing additional means for internal resolution of problems and improving
				lines of communication. This procedure will also provide a written record in
				the event of subsequent judicial or administrative review. The inmate grievance
				procedure was fully certified by the United States Department of Justice in
				March, 1992, pursuant to the requirements of Sections
				 944.09 and
				 944.331, F.S.
(2) Each inmate shall be entitled to invoke
				the grievance procedure regardless of any disciplinary, classification or other
				administrative action or legislative decision to which the inmate may be
				subject. Each institution shall ensure that the grievance mechanism is
				accessible to inmates who have disabilities. This may be accomplished by
				providing assistance through the institution library if requested.
(3) No purported inmate grievance presented
				that violates the provisions of subsection
				 33-602.203(7),
				F.A.C., including any purported grievance that presents a copyright or
				attempted copyright of an inmate's name, absent prior written authorization
				from the warden, shall be treated or processed as a grievance. Any purported
				inmate grievance that violates the provisions of subsection
				 33-602.203(7),
				F.A.C., shall be treated as contraband, shall not be processed as a grievance
				or returned to the inmate, is not a grievance, and shall not constitute any
				step of the grievance process for purposes of exhaustion. When such a purported
				grievance is submitted and contains any allegation of physical abuse, excessive
				force, or sexual abuse, or any other allegation that, if true, would put the
				inmate's physical well-being in jeopardy, the allegation(s) shall be reported
				to the Office of the Inspector General. Any purported grievance containing such
				an allegation shall, nonetheless, be treated as contraband, shall not be
				processed as a grievance or returned to the inmate, is not a grievance, and
				shall not constitute any step of the grievance process for the purposes of
				exhaustion.
(4) Inmates can file
				complaints regarding the following matters:
(a) The substance, interpretation, and
				application of rules and procedures of the Department that affect them
				personally;
(b) The interpretation
				and application of state and federal laws and regulations that affect them
				personally;
(c) Reprisals against
				inmates for filing a complaint or appeal under the inmate grievance procedure
				or for participating in an inmate grievance proceeding;
(d) Incidents occurring within the
				institution that affect them personally;
(e) Conditions of care or supervision within
				the authority of the Florida Department of Corrections, except as noted
				herein.