Florida Administrative Code › 33 - DEPARTMENT OF CORRECTIONS › 33 - Departmental › Chapter 33-602 - SECURITY OPERATIONS › Section 33-602.2035 - Inmate Substance Abuse Testing

Current through Reg. 50, No. 138; July 16, 2024
The Office of Institutions shall be responsible for the
				  development and implementation of the department's substance abuse testing
				  program.
(1) Definitions.
(a) Random Selection - a computerized random
				selection model utilized to obtain a sample of inmates to be tested for drugs
				or alcohol.
(b) Tester - a
				correctional officer who has been certified as competent by the manufacturer of
				the onsite testing device and trained by certified training personnel,
				affiliated with the department, on the proper procedures for collecting urine
				specimens, including the completion and maintenance of Form DC6-2067, Chain of
				Custody Form, the handling and disposing of urine specimens, and the
				administration and interpretation of the on-site testing device. All testing
				personnel must be approved by the Office of Institutions. The Chain of Custody
				Form is incorporated by reference in paragraph (1)(d) of this rule.
(c) Random List - the randomly selected
				sample of inmates to be tested for drugs or alcohol.
(d) Chain of Custody Form - the form used to
				document the identity and integrity of an inmate's specimen from time of
				collection until the specimen is prepared for shipment to a designated outside
				laboratory for confirmation testing. This form will be provided by the
				laboratory conducting confirmation tests on specimens that had a positive
				result on the on-site testing device. Form DC6-2067, NON-FEDERAL FOUR-PART DRUG
				TESTING CUSTODY AND CONTROL FORM (hereinafter referred to as the "Chain of
				Custody Form") is hereby incorporated by reference. Copies of the form are
				available directly from the vendor or from the Forms Control Administrator, 501
				S. Calhoun Street, Tallahassee, Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-05328
.
				The effective date of the form is 6-15.
(e) Test refusal - failure on the part of an
				inmate to fully comply with the department's substance abuse testing
				procedures, which includes failing to provide a valid urine specimen,
				attempting to alter a urine specimen with adulterants, as established by an
				on-site specimen adulteration testing product, and using substitute urine in
				makeshift devices or objects. Any inmate who refuses to comply with the testing
				process or fails to provide a valid specimen within the specified time frames
				of this rule shall be given a disciplinary report in accordance with Rules
				 33-601.301 -.314,
				F.A.C.
(f) Dry cell - refers to a
				secure cell without a water supply or one in which the water supply has been
				interrupted.
(g) Confirmation
				Testing - testing conducted by an outside contract laboratory using gas
				chromatography coupled with mass spectrometry (GC/MS) when on-site results of a
				test are positive and the inmate refuses to sign Form DC6-2065, Affidavit for
				Admission of Drug Use. Form DC6-2065 is hereby incorporated by reference.
				Copies of the form are available from the Forms Control Administrator, 501 S.
				Calhoun Street, Tallahassee, Florida 32399-2500,
http://www.flrules.org/Gateway/reference.asp?No=Ref-02088
.
				The effective date of the form is 2-13.
(h) Threshold Level - the concentration of a
				drug in the urine used to determine whether the test will be considered
				positive or negative. The threshold level for confirmation testing is the
				lowest level that can accurately identify and quantify the presence of a
				drug.