Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-601 - CLASSIFICATION AND CENTRAL RECORDS › Section 33-601.314 - Rules of Prohibited Conduct and Penalties for Infractions

Current through Reg. 50, No. 138; July 16, 2024
Sections 1 through 10 below show the maximum penalties
				  allowed for the listed offenses. Staff should take into account the individual
				  facts of each violation and impose a penalty that is proportionate to the
				  conduct. Section 11 shows the penalties that will be imposed for the listed
				  offenses based on the time since an inmate's last disciplinary infraction
				  absent a statement in the written findings of the disciplinary team or hearing
				  officer justifying an upward deviation. As used in this rule, "DC" means the
				  maximum number of days of disciplinary confinement that may be imposed, and
				  "GT" means the maximum number of days of gain time that may be taken. The
				  imposition of DC and GT penalties are independent of one another and do not
				  have to be imposed together; i.e., an inmate may be placed in DC without losing
				  GT, and vice versa.
Maximum Disciplinary Actions
SECTION 1 - ASSAULT, BATTERY, THREATS, AND
							 DISRESPECT
1-3
Spoken, written, or gestured threats
30 DC + 90 GT
1-4
Disrespect to officials, employees, or other persons
							 of constituted authority expressed by means of words, gestures, and the
							 like
30 DC + 60 GT
1-5
Sexual battery or attempted sexual battery
90 DC + All GT
1-6
Lewd or lascivious exhibition by intentionally
							 masturbating, intentionally exposing genitals in a lewd or lascivious manner,
							 or intentionally committing any other sexual act in the presence of a staff
							 member, contracted staff member or visitor
60 DC + 90 GT
1-7
Aggravated battery or attempted aggravated battery on
							 a correctional officer
90 DC + All GT
1-8
Aggravated battery or attempted aggravated battery on
							 staff other than correctional officer
90 DC + All GT
1-9
Aggravated battery or attempted aggravated battery on
							 someone other than staff or inmates (vendor, etc.)
90 DC + All GT
1-10
Aggravated battery or attempted aggravated battery on
							 an inmate
90 DC + All GT
1-11
Aggravated assault or attempted aggravated assault on
							 a correctional officer
90 DC + All GT
1-12
Aggravated assault or attempted aggravated assault on
							 staff other than correctional officer
90 DC + All GT
1-13
Aggravated assault or attempted aggravated assault on
							 someone other than staff or inmates (vendor, etc.)
90 DC + All GT
1-14
Aggravated assault or attempted aggravated assault on
							 an inmate
90 DC + All GT
1-15
Battery or attempted battery on a correctional
							 officer
90 DC + All GT
1-16
Battery or attempted battery on staff other than
							 correctional officer
90 DC + All GT
1-17
Battery or attempted battery on someone other than
							 staff or inmates (vendor, etc.)
90 DC + All GT
1-18
Battery or attempted battery on an inmate
90 DC + All GT
1-19
Assault or attempted assault on a correctional
							 officer
90 DC + 180 GT
1-20
Assault or attempted assault on staff other than
							 correctional officer
90 DC + 180 GT
1-21
Assault or attempted assault on someone other than
							 staff or inmates (vendor, etc.)
90 DC + 180 GT
1-22
Assault or attempted assault on an inmate
90 DC + 180 GT
SECTION 2 - RIOTS, STRIKES, MUTINOUS ACTS AND
							 DISTURBANCES
2-1
Participating in riots, strikes, mutinous acts, or
							 disturbances
60 DC + All GT
2-2
Inciting or attempting to incite riots, strikes,
							 mutinous acts, or disturbances - conveying any inflammatory, riotous, or
							 mutinous communication by word of mouth, in writing or by sign, symbol, or
							 gesture
30 DC + All GT
2-3
Creating, participating in or inciting a minor
							 disturbance
30 DC + 60 GT
2-4
Fighting
30 DC + 30 GT
SECTION 3 - CONTRABAND - ANY ARTICLE NOT SOLD
							 IN THE CANTEEN, OR ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A
							 SPECIFIC PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY
							 HOUSED
3-1
Possession of or manufacture of weapons, ammunition,
							 or explosives
60 DC + All GT
3-2
Possession of escape paraphernalia
60 DC + All GT
3-3
Possession of narcotics, unauthorized drugs and drug
							 paraphernalia
60 DC + 180 GT
3-4
Trafficking in drugs or unauthorized beverages
60 DC + All GT
3-5
Manufacture of drugs or unauthorized beverages
60 DC + 180 GT
3-6
Possession of unauthorized beverages
10 DC + 15 GT
3-7
Possession of aromatic stimulants or depressants,
							 such as paint thinner, glue, toluene, etc.
60 DC + 180 GT
3-8
Possession of negotiables - unauthorized amounts of
							 cash where cash is permitted, any amount of cash where cash is not permitted,
							 another inmate's canteen coupons, another inmate's cashless canteen or
							 identification cards or gift certificates, checks, credit cards, or any other
							 negotiable item which is not authorized
30 GT
3-9
Possession of unauthorized or altered identification
							 - driver's license, social security card, cashless canteen identification card,
							 etc.
30 GT
3-10
Possession of unauthorized clothing or linen - State
							 or personal
30 GT
3-11
Possession of stolen property - State or
							 personal
30 GT
3-12
Possession of any other contraband or transfer of
							 item to another inmate resulting in item becoming contraband
30 GT
3-13
Introduction of any contraband
60 DC + All GT
3-14
Unauthorized possession or use of a cellular
							 telephone or any other type of wireless communication device, or any components
							 or peripherals to such devices, including but not limited to SIM cards,
							 Bluetooth items, batteries, and charging devices; any other technology that is
							 found to be in furtherance of possessing or using a communication device
							 prohibited under Section 944.47(1)(a)6., F.S.
60 DC + All GT
3-15
Possession of gang related paraphernalia or related
							 material, gang symbols, logos, gang colors, drawings, hand signs, or gang
							 related documents
30 DC + 30 GT
3-16
Non-death row and/or non-community release program
							 inmates - possession, introduction, or trafficking of tobacco or
							 tobacco-related products such as lighters or cigarette papers.
10 DC + 15 GT
3-17
Death row inmates - Possession of tobacco, other than
							 authorized smokeless tobacco, or possession of tobacco-related products
							 intended for use with smoking tobacco such as lighters or cigarette papers;
							 introduction of tobacco or tobacco-related products to non-death row housing or
							 trafficking in such products.
10 DC + 15 GT
SECTION 4 - UNAUTHORIZED AREA
4-1
Escape or escape attempt
60 DC + All GT
4-2
Unauthorized absence from assigned area, including
							 housing, job or any other assigned or designated area
10 DC + 15 GT
4-3
Being in unauthorized area, including housing, job,
							 or any other assigned or designated area
30 GT
SECTION 5 - COUNT PROCEDURE
							 VIOLATIONS
5-1
Missing count
30 DC + 90 GT
5-2
Failure to comply with count procedures
30 DC + 30 GT
SECTION 6 - DISOBEYING ORDERS
6-1
Disobeying verbal or written order - any order given
							 to an inmate or inmates by a staff member or other authorized person
30 DC + 60 GT
6-2
Disobeying institutional regulations
30 GT
SECTION 7 - DESTRUCTION, MISUSE, OR WASTE OF
							 PROPERTY
7-1
Destruction of State property or property belonging
							 to another
60 DC + All GT
7-2
Altering or defacing State property or property
							 belonging to another
30 GT
7-3
Destruction of State property or property belonging
							 to another due to gross negligence
30 GT
7-4
Misuse of State property or property belonging to
							 another - use for purpose other than the intended purpose
30 GT
7-5
Willful wasting State property or property belonging
							 to another - any waste of edible or usable property
30 GT
7-6
Arson or attempted arson
60 DC + All GT
SECTION 8 - HYGIENE
8-1
Failure to maintain personal hygiene or
							 appearance
15 GT
8-2
Failure to maintain acceptable hygiene or appearance
							 of housing area
15 GT
SECTION 9 - MISCELLANEOUS
							 INFRACTIONS
9-1
Obscene or profane act, gesture, or statement - oral,
							 written, or signified
15 DC + 30 GT
9-2
Bribery or attempted bribery
10 DC + 15 GT
9-3
Breaking and entering or attempted breaking
10 DC + 15 GT
9-4
Attempt, conspiracy, or solicitation to commit any
							 crime or violation of the Rules of Prohibited Conduct
60 DC + All GT
Penalty imposed not to exceed maximum authorized for
							 the substantive infraction.
9-5
Theft of property under $50.00 in value
10 DC + 15 GT
9-6
Bartering with others
30 GT
9-7
Sex acts or unauthorized physical contact involving
							 inmates
10 DC + 30 GT
9-9
Tattooing, being tattooed, branding or body art to
							 include body piercing
10 DC + 30 GT
9-10
Lying to staff member or others in official capacity,
							 or falsifying records
30 DC + 60 GT
9-11
Feigning illness or malingering as determined by a
							 physician or medical authority
15 GT
9-12
Gambling or possession of gambling
							 paraphernalia
15 GT
9-13
Insufficient work: This constitutes an inmate not
							 working up to expectation, taking into consideration the inmate's physical
							 condition, the degree of difficulty of assignment, and the average performance
							 by fellow inmates assigned to the same task
15 GT
9-14
Mail regulation violations
10 DC + 30 GT
9-15
Visiting regulation violations
10 DC + 30 GT
9-16
Refusing to work or participate in mandatory
							 programs
10 DC + 90 GT
9-17
Disorderly conduct
30 DC + 60 GT
9-18
Unauthorized physical contact involving
							 non-inmates
60 DC + 90 GT
9-19
Presenting false testimony or information before
							 Disciplinary Team, Hearing Officer, or Investigating Officer
30 DC + 60 GT
9-20
Extortion or attempted extortion
60 DC + 60 GT
9-21
Fraud or attempted fraud
30 DC + 90 GT
9-22
Robbery or attempted robbery
60 DC + All GT
9-23
Theft of property exceeding $50 in value
60 DC + All GT
9-24
Loaning or borrowing money or other valuables
30 GT
9-25
Telephone regulation violations
15 DC + 30 GT
9-26
Refusing to submit to substance abuse testing
60 DC + 180 GT
9-27
Use of unauthorized drugs - as evidenced by positive
							 results from urinalysis test, or observable behavior
60 DC + 180 GT
9-28
Canteen Shortage under $100.00
10 DC + 60 GT
9-29
Canteen Shortage over $100.00
30 DC + 90 GT
9-31
Use of Alcohol - as evidenced by positive results
							 from authorized tests, or by observable behavior
30 DC + 90 GT
9-32
In accordance with Section
							  944.279(1),
							 F.S., is found by the court to have brought a frivolous or malicious suit,
							 action, claim, proceeding or appeal in any court, or to have brought a
							 frivolous or malicious collateral criminal proceeding or is found by the court
							 to have knowingly or with reckless disregard for the truth brought false
							 information or evidence before the court
15 DC + 30 GT
9-33
Tampering with, defeating or depriving staff of any
							 security device. Security devices include: locks; locking devices; electronic
							 detection systems; personal body alarm transmitters and receivers; handheld
							 radios; restraint devices such as handcuffs, waist chains, leg irons and
							 handcuff covers; keys; video and audio monitoring and recording devices;
							 security lighting; weapons; and any other device utilized to ensure the
							 security of the institution
60 DC + All GT
9-34
Tampering with or defeating any fire or other safety
							 device. Safety devices include: fire, smoke, and carbon dioxide detection
							 devices; alarm systems; fire suppression systems and devices such as fire
							 sprinklers, fire extinguishers, and dry chemical systems; safety and emergency
							 lighting; exit lights; evacuation route and warning placards; self-contained
							 breathing apparatuses; personal protective equipment; first aid kits; eye wash
							 stations; and any other device utilized to ensure the safety of the
							 institution, staff, and inmates
60 DC + All GT
9-35
Establishes or attempts to establish a personal or
							 business relationship with any staff member or volunteer
30 DC + 90 GT
9-36
Gang related activities, including recruitment;
							 organizing; display of symbols, groups, or group photos; promotion or
							 participation
30 DC + 60 GT
9-37
Unauthorized use of or tampering with a computer,
							 computer peripheral device, or any other office equipment. Other office
							 equipment includes copying machines, facsimile machines, postage meters, or any
							 other device utilized in an office or office-like environment
60 DC + All GT
9-38
In accordance with Section
							  817.535(4),
							 F.S., is found by the court to have filed or directed a filer to file, with the
							 intent to defraud or harass another, any instrument containing a materially
							 false, fictitious, or fraudulent statement or representation that purports to
							 affect an owner's interest in the property described in the instrument
30 DC + 90 GT
9-39
Committing, attempting to commit, conspiring to
							 commit, or soliciting another person to commit an unauthorized or illegal
							 financial transaction
30 DC + 60 GT
9-40
Possession of any items or materials that can be used
							 to facilitate an unauthorized or illegal financial transaction, including
							 account numbers, passwords, PINs, or other similar items or materials that an
							 inmate is not authorized to possess
60 DC + 90 GT
9-41
Kiosk regulation violation
10 DC + 30 GT
9-42
Tablet regulation violation
10 DC + 30 GT
9-43
Video visitation regulation violation, including call
							 forwarding, video chatting, three-way video, livestreaming, recording, or other
							 electronic tampering
10 DC + 30 GT
9-44
eCommunication regulation violation
10 DC + 30 GT
9-45
Tablet tampering- altering or attempting to alter a
							 tablet to enable communication with another device, to change tablet services
							 as defined in  33-602.900(2), or to change in any manner the functionality of
							 the tablet, or possession of any tablet so altered.
60 DC + All GT
SECTION 10 - COMMUNITY RELEASE PROGRAM
							 VIOLATIONS - WORK RELEASE, STUDY RELEASE, FURLOUGH AND VOLUNTEER
							 SERVICE
10-1
Failure to directly and promptly proceed to and
							 return from designated area by approved method
15 DC + 30 GT
10-2
Failure to remain within designated area of release
							 plan
10 DC + 15 GT
10-3
Failure to return if plan terminated prior to
							 scheduled time
10 DC + 15 GT
10-4
Making unauthorized contact - personal, telephone, or
							 otherwise - with any individual in behalf of another inmate
15 GT
10-5
Deviating from or changing approved plan without
							 permission
15 GT
10-6
Making purchase or contract without approval
15 GT
10-7
Failure to deposit entire earnings - less authorized
							 deductions - each pay period
15 GT
10-8
Failure to repay advancement of monies as stipulated
							 in the inmate's financial plan
15 GT
10-9
Tampering with, damaging, losing, or destroying any
							 electronic monitoring equipment.
15 DC + 30 GT
SECTION 11 - PENALTY SCALE
(1) The penalties set forth in subsection (2)
				below will be imposed for the offenses listed below based on the time since an
				inmate's last disciplinary infraction absent a statement in the written
				findings of the disciplinary team or hearing officer justifying an upward
				deviation. At no time will the maximum penalties set forth in Sections 1
				through 10 above be exceeded. The written findings must be based on the nature
				of the infraction and its impact on the secure and orderly operation of the
				institution or facility where the infraction occurred. The time since the last
				disciplinary infraction is calculated from the date the last infraction was
				committed during an inmate's current commitment. The imposition of DC and GT
				penalties are independent of one another and do not have to be imposed
				together; i.e., an inmate may be placed in DC without losing GT, and vice
				versa.
(2)
(a) If the time since the last disciplinary
				infraction is 0 to 30 days, the penalty will be up to 30 days in DC and the
				loss of up to 30 days of GT.
(b) If
				the time since the last disciplinary infraction is 31 to 60 days, the penalty
				will be up to 20 days in DC and the loss of up to 20 days of GT.
(c) If the time since the last disciplinary
				infraction is 61 to 120 days, the penalty will be up to 15 days in DC and the
				loss of up to 15 days of GT.
(d) If
				the time since the last disciplinary infraction is more than 120 days or if
				there is no prior infraction, the penalty will be any sanction authorized by
				Rule  33-601.308, F.A.C., excluding
				DC.
1-4
Disrespect to officials, employees, or other persons
							 of constituted authority expressed by means of words, gestures, and the
							 like
2-4
Fighting
3-8
Possession of negotiables - unauthorized amounts of
							 cash where cash is permitted, cash where cash is not permitted, other inmate's
							 canteen coupons, other inmate's cashless canteen or identification cards or
							 gift certificates, checks, credit cards or any other negotiable item which is
							 not authorized
3-9
Possession of unauthorized or altered identification
							 - driver's license, Social security card, cashless canteen identification card,
							 etc.
3-10
Possession of unauthorized clothing or linen - State
							 or personal
3-11
Possession of stolen property - State or
							 personal
3-12
Possession of any other contraband or transfer of
							 item to another inmate resulting in item becoming contraband
3-13
Introduction of any contraband
3-16
Non-death row and/or non-community release program
							 inmates - possession, introduction, or trafficking of tobacco or
							 tobacco-related products such as lighters or cigarette papers
4-2
Unauthorized absence from assigned area, including
							 housing, job or any other assigned or designated area
4-3
Being in unauthorized area, including housing, job,
							 or any other assigned or designated area
5-1
Missing count
5-2
Failure to comply with count procedures
7-2
Altering or defacing State property or property
							 belonging to another
7-3
Destruction of State property or property belonging
							 to another due to gross negligence
7-4
Misuse of State property or property belonging to
							 another - use for purpose other than the intended purpose
7-5
Willful wasting State property or property belonging
							 to another - any waste of edible or usable property
8-1
Failure to maintain personal hygiene or
							 appearance
8-2
Failure to maintain acceptable hygiene or appearance
							 of housing area
9-1
Obscene or profane act, gesture, or statement - oral,
							 written, or signified
9-2
Bribery or attempted bribery
9-3
Breaking and entering or attempted breaking
9-4
Attempt, conspiracy, or solicitation to commit any
							 crime or violation of the Rules of Prohibited Conduct
9-5
Theft of property under $50.00 in value
9-6
Bartering with others
9-7
Sex acts or unauthorized physical contact involving
							 inmates
9-9
Tattooing, being tattooed, branding or body art to
							 include body piercing
9-10
Lying to staff member or others in official capacity,
							 or falsifying records
9-11
Feigning illness or malingering as determined by a
							 physician or medical authority
9-12
Gambling or possession of gambling
							 paraphernalia
9-13
Insufficient work: This constitutes an inmate not
							 working up to expectation, taking into consideration the inmate's physical
							 condition, the degree of difficulty of assignment, and the average performance
							 by fellow inmates assigned to the same task
9-14
Mail regulation violations
9-15
Visiting regulation violations
9-16
Refusing to work or participate in mandatory
							 programs
9-17
Disorderly conduct
9-18
Unauthorized physical contact involving
							 non-inmates
9-19
Presenting false testimony or information before
							 Disciplinary Team, Hearing Officer, or Investigating Officer
9-21
Fraud or attempted fraud
9-24
Loaning or borrowing money or other valuables
9-25
Telephone regulation violations
9-28
Canteen Shortage under $100.00
9-31
Use of Alcohol - as evidenced by positive results
							 from authorized tests, or by observable behavior
9-32
In accordance with Section
							  944.279(1),
							 F.S., is found by the court to have brought a frivolous or malicious suit,
							 action, claim, proceeding or appeal in any court, or to have brought a
							 frivolous or malicious collateral criminal proceeding or is found by the court
							 to have knowingly or with reckless disregard for the truth brought false
							 information or evidence before the court
9-41
Kiosk regulation violation
9-42
Tablet regulation violation
9-43
Video visitation regulation violation, including call
							 forwarding, video chatting, three-way video, livestreaming, recording, or other
							 electronic tampering
9-44
eCommunication regulation violation
10-1
Failure to directly and promptly proceed to and
							 return from designated area by approved method
10-2
Failure to remain within designated area of release
							 plan
10-3
Failure to return if plan terminated prior to
							 scheduled time
10-4
Making unauthorized contact - personal, telephone, or
							 otherwise - with any individual on behalf of another inmate
10-5
Deviating from or changing approved plan without
							 permission
10-6
Making purchase or contract without approval
10-7
Failure to deposit entire earnings - less authorized
							 deductions - each pay period
10-8
Failure to repay advancement of monies as stipulated
							 in the inmate's financial plan
10-9
Tampering with, damaging, losing, or destroying any
							 electronic monitoring equipment