Florida Administrative Code

(1) Notices of the development, proposed adoption, proposed amendment, or proposed repeal of a Department rule will be provided to affected persons as required by Sections 120.54(2) and (3), F.S. (2) Notice will be provided by: (a) Publishing in the Florida Administrative Registe…

Inmates shall not act as qualified representatives in administrative proceedings. Rulemaking Authority 944.09 FS. Law Implemented 120.81, 944.09 FS. History-New 8-2-01.

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History-New 6-7-92, Formerly 33-36.001, Repealed 7-12-11.

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)1.-5. FS. History-New 6-7-92, Formerly 33-36.002, Repealed 7-12-11.

Rulemaking Authority 120.533 FS. Law Implemented 120.53(2)(a)3.,(d) FS. History-New 6-7-92, Formerly 33-36.003, Repealed 7-12-11.

Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History-New 6-7-92, Formerly 33-36.004, Repealed 7-12-11.

Rulemaking Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History-New 6-7-92, Formerly 33-36.005, Repealed 7-12-11.

Rulemaking Authority 120.533(1)(j) FS. Law Implemented 119.041(2) FS. History-New 6-7-92, Formerly 33-36.006, Repealed 7-12-11.

Rulemaking Authority 944.09 FS. Law Implemented Ch. 91-30, § 10, Laws of Florida. History-New 6-7-92, Formerly 33-36.007, Repealed 7-12-11.

(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 pr…

The following terms, as defined, shall be used uniformly throughout the Department when referring to inmate grievances and the inmate grievance procedure: (1) Amendment: Where used herein, refers to an addition or change to a previously filed grievance. (2) Bureau of Policy Manag…

(1) Staff Training. The Bureau of Policy Management and Inmate Appeals shall develop a standardized plan to be implemented by the Bureau of Staff Development in order to train staff in the use of the inmate grievance procedure. The training shall be designed to familiarize staff …

(1) Inmate and employee participation in the grievance process will take the form of solicitation of written comments by inmates and employees on selected formal inmate grievances that staff determine will significantly impact the inmate population and which challenge general pro…

(1) Inmates shall utilize the informal grievance process prior to initiating a formal grievance. An inmate may skip this step and initiate the process at the formal institutional level for issues pertaining to the following: grievance of an emergency nature; grievance of reprisal…

(1) When an inmate decides to file a formal grievance, he or she shall do so by completing Form DC1-303, Request for Administrative Remedy or Appeal, and filing within the time limits set forth in Rule 33-103.011, F.A.C. Form DC1-303 is hereby incorporated by reference. Copies of…

(1) If an inmate feels his or her grievance was improperly denied at the formal grievance level, he or she may submit an appeal to the Office of the Secretary according to the time limits set forth in Rule 33-103.011, F.A.C., using Form DC1-303, Request for Administrative Remedy …

(1) If a formal grievance of a medical nature is filed at the institutional level, it shall be forwarded to the institution's Chief Health Officer or clinical designee for investigation and response. Following preparation of a response and signature of the responding employee, th…

A complaint concerning disapproval of reading material shall be processed according to the provisions of Rule 33-501.401, F.A.C., and this chapter. Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History-New 10-12-89, Amended 9-8-92, Formerly 33-29.009.

Grievances concerning lost personal property shall be processed according to the provisions of this chapter and paragraphs 33-602.201(14)(a) through (e), F.A.C. Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History-New 10-12-89, Amended 1-15-92, 6-1-97, 12-7-97, Form…

When determining the time frames for grievances in all cases, the specified time frame shall commence on the day following the date of the incident or response to the grievance at the previous level. For example, if an incident occurred on December 1, fifteen days from that date …

(1) A log shall be made of each formal grievance, direct grievance, or appeal and shall contain, at a minimum, the following information: (a) Inmate name; (b) Prison number; (c) Date that the grievance or appeal was received; (d) Nature of the grievance or appeal and issue or que…

Following receipt of the grievance or appeal, a computer-generated receipt or Part C of Form DC1-303 shall be completed and sent to the inmate unless the grievance is returned for one or more of the reasons cited in Rule 33-103.014, F.A.C. Form DC1-303 is incorporated by referenc…

(1) The informal grievance, formal grievance, direct grievance, or grievance appeal, hereafter referred to as "grievance," may be returned to the inmate without further processing if, following a review of the grievance, one or more of the following conditions are found to exist.…

(1) Inmates shall be allowed to seek assistance from other inmates or staff members in completing the grievance forms as long as the assistance requested does not interfere with the security and order of the institution. (2) Form DC6-236, Inmate Request, and Form DC1-303, Request…

(1) Formal Grievance - Institution or Facility Level. All formal grievances that are approved at the institution or facility level shall be handled as follows: (a) The employee approving the grievance shall complete Section I of Form DC1-306, Grievance Approval Action Form. Form …

(1) Good faith use of or good faith participation in the grievance process shall not result in reprisal against the inmate. (2) An inmate shall be subject to disciplinary action if the inmate knowingly includes false, threatening, obscene, or profane statements in the grievance o…

The grievance procedure shall be reviewed at each institution through operational reviews conducted by the Regional Directors of Institutions. This evaluation shall include information obtained from a survey of staff and inmates, review of employees' and inmates' comments on the …

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History-New 10-12-89, Amended 4-10-95, 12-7-97, Formerly 33-29.018, Amended 8-1-00, 10-11-00, 2-9-05, 12-17-06, 6-18-07, 8-27-07, 10-19-09, 5-27-12, Repealed 11-7-12.

(1) Permission for visits by bona fide news media representatives shall not be unreasonably withheld. This shall apply for visits to inmates other than death sentence inmates with an active death warrant. Rules 33-104.201-.204, F.A.C., shall govern procedures for media interviews…

(1) Representatives of the news media may be present at the executions of offenders sentenced to death. The representatives of the news media shall be chosen as follows: (a) The Director of the Florida Radio Network may designate one news reporter to be its media representative. …

(1) The following procedures shall apply to representatives of the news media who are selected to witness executions: (a) The media representatives shall sign in at Florida State Prison one (1) hour prior to the time set for execution. (b) No electronic or mechanical devices, inc…

(1) Regularly scheduled news media interviews with inmates under sentence of death will be permitted each week on Tuesday, Wednesday and Thursday, between the hours of 1:00 p.m. and 3:00 p.m., and will be contingent upon the consent of the inmate. If a state holiday falls on Tues…

It is the responsibility of any person requesting access under Rules 33-104.201, 104.202 and 104.203, F.A.C., to present evidence sufficient to establish to the warden that he is entitled to access under the provisions of those Rules, and to present it sufficiently in advance of …

Rulemaking Authority 944.09, 944.473 FS. Law Implemented 944.09, 944.472, 944.473 FS. History-New 2-8-00, Amended 2-5-01, Formerly 33-602.2045, Amended 7-2-02, 2-19-07, 7-29-08, 8-26-09, 2-10-10, 11-28-10, 1-11-12, Transferred to 33-602.2035.

(1) A public hearing will be held at a preselected site located in the county where a community correctional center is to be established. (2) The Department of Corrections will run legal ads in the local paper in the area to announce the hearing. The ads will be run once a week f…

(1) Canteens are to be operated primarily to provide convenience items to inmates. (2) Each inmate shall be allowed to purchase canteen merchandise on a weekly basis in an amount not to exceed $150. A weekly limit will be recommended by the Canteen Review Team, based upon current…

(1) The provisions of this rule will regulate monies received for the personal use or benefit of inmates. (a) Inmate Trust Accounts. Inmates may establish a demand deposit account, hereinafter referred to as an inmate trust account, through the Inmate Trust Fund at the Bureau of …

(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 proper…

(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) Responsibiliti…

(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…

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 dietit…

(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.…

(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) …

(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 progr…

(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; Deput…

The Department of Corrections requires all employees to familiarize themselves with all rules and regulations pertaining to their positions and duties, and requires all employees to abide by these rules and regulations. The following rules of conduct and performance standards are…

Violations of the foregoing Rules of Conduct as well as other departmental and institutional policies will result in disciplinary actions, which may be by written reprimand, suspension, demotion or dismissal. Any employee who feels that unjust disciplinary action has been given h…