Florida Administrative Code

(1) The provisions of this rule apply to all incoming and outgoing routine mail. "Routine mail" is all incoming and outgoing inmate mail, except legal mail as defined in Rule 33-210.102, F.A.C., privileged mail as defined in Rule 33-210.103, F.A.C., and publications as defined in…

(1) All inmates have a right of access to the courts. No provision of this rule may be applied in a way that conflicts 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, unle…

(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…

(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 t…

(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 a…

(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 o…

(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 male…

(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 co…

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 emplo…

(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 offende…

(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 whi…

(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…

(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 offen…

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 947.1405, 948.30 FS. History-New 12-18-01, Amended 6-18-02, 12-31-03, 10-25-05, Repealed 4-7-16.

(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 …

(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…

(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 …

(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 annu…

(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 privi…

(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. (2) It is the resp…

(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 cons…

(1) This rule establishes the tobacco and vapor products use policy for the Department of Corrections. For the purposes of this rule, "tobacco products" means items such as cigars, cigarettes, snuff, loose tobacco, or similar goods made with any part of the tobacco plant, which a…

(1) In the event of possible exposure to a communicable disease by a correctional officer, employee or any unincarcerated person lawfully present in a correctional facility, the person exposed is authorized by Section 945.35, F.S., to request the testing of the inmate who caused …

(1) This rule is applicable only to non-department provider consultations that are requested, initiated or scheduled by inmates, attorneys or other inmate representatives. Such medical consultations shall be allowed only under the conditions set forth in this rule. (2) Requests f…

(1) The Department of Corrections Office of Health Services shall maintain a comprehensive medical file (including medical, dental and mental health components) on every person committed to the custody and care of the Department. Information included in the inmate's medical file …

(1) The Department of Corrections Office of Health Services shall ensure that a comprehensive program of dental services, supervised by a dentist, is available to all inmates under its jurisdiction. The dental services program shall include emergency dental services, urgent denta…

(1) Mental health services are those services and activities that are provided primarily by mental health staff and secondarily by other health care staff for the purposes of: (a) Identifying inmates who are experiencing disabling symptoms of a mental disorder that impair the abi…

(1) All inmates entering the department shall have access to necessary mental health services as established by this chapter. (2) Inmates shall have access to mental health services commensurate with their needs as determined by health care staff. (3) Inmates shall move between l…

(1) The definitions in this rule are applicable to all rules under Chapter 33-404, F.A.C. (2) "Behavioral Management Progress System" (or "BMPS") - refers to a structured system of performance-based behavioral incentives and consequences used to facilitate adaptive functioning, p…

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.49 FS. History-New 5-27-97, Formerly 33-40.004, Repealed 3-1-11.

Rulemaking Authority 944.09, 945.48, 945.49 FS. Law Implemented 944.09, 945.48, 945.49 FS. History-New 5-27-97, Formerly 33-40.005, Repealed 3-1-11.

(1) Inmates may not refuse placement in infirmary mental health care, crisis stabilization, or transitional care for inpatient treatment. (2) Inmates retain the right to refuse mental health treatment except as provided in sections 945.43, 945.44, and 945.48, F.S. (3) An inmate's…

Rulemaking Authority 944.09, 944.35, 945.49 FS. Law Implemented 944.09, 944.35, 945.49 FS. History-New 5-27-97, Formerly 33-40.007, Repealed 10-17-10.

(1) Inmates diagnosed as mentally ill shall be subject to the provisions of Rules 33-601.301-.314, F.A.C., Inmate Discipline, except as as provided in this rule and Rule 33-404.112, F.A.C. (2) The Mental Health Program Office is authorized to provide written or verbal input to th…

(1) When an inmate is admitted to an inpatient unit, any prior confinement or close management status shall be suspended until the inmate is discharged from the specialized care setting. Absent inmate behavior that constitutes an immediate and present danger to the safety of staf…

(1) The Department is responsible for the operation and administration of Corrections Mental Health Treatment Facilities, which are established to provide for the extended treatment of inmates who have a mental illness requiring intensive mental health treatment at the hospital l…

Rulemaking Authority 944.09, 945.42, 945.49 FS. Law Implemented 20.315, 944.09, 945.42, 945.49 FS. History-New 11-3-85, Formerly 33-23.03, Amended 10-9-96, 3-24-97, 8-17-97, Formerly 33-23.003, Amended 10-19-03, Repealed 3-1-11.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.49 FS. History-New 11-3-85, Formerly 33-23.08, Amended 10-9-96, Formerly 33-23.008, Repealed 3-1-11.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 20.315, 944.09, 945.48, 945.49 FS. History-New 11-3-85, Formerly 33-23.10, Amended 10-9-96, Formerly 33-23.010, Repealed 3-1-11.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 20.315, 944.09, 944.35, 945.48, 945.49 FS. History-New 11-3-85, Formerly 33-23.12, Amended 10-9-96, Formerly 33-23.012, Repealed 3-1-11.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 20.315, 944.09, 944.35, 945.48, 945.49 FS. History-New 11-3-85, Formerly 33-23.13, 33-23.013, Amended 11-17-03, 11-17-03, Repealed 3-1-11.

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 944.09, 945.49 FS. History-New 11-3-85, Formerly 33-23.17, Amended 10-9-96, Formerly 33-23.017, Repealed 3-1-11.

Rulemaking Authority 944.11, 945.21, 945.49 FS. Law Implemented 944.11, 945.49 FS. History-New 11-3-85, Formerly 33-23.18, 33-23.018, Repealed 3-1-11.

Rulemaking Authority 945.21, 945.49 FS. Law Implemented 120.55, 945.21, 945.49 FS. History-New 11-3-85, Formerly 33-23.25, 33-23.025, Repealed 3-1-11.

(1) An inmate must be considered for placement in a Corrections Mental Health Treatment Facility when he or she is mentally ill and in need of care and treatment as defined in Section 945.42, F.S. (2) An inmate who appears to meet the criteria in section 945.44, F.S., for involun…

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.42, 945.44 FS. History-New 3-1-11, Repealed 5-7-26.

(1) When an inmate is no longer in need of care and treatment as defined in Section 945.42(7), F.S., he or she must be discharged from treatment in a Corrections Mental Health Treatment Facility and transferred to a lower level of care for the provision of appropriate mental heal…

Rulemaking Authority 944.09, 945.49 FS. Law Implemented 945.42, 945.45 FS. History-New 3-1-11, Repealed 5-7-26.

(1) Inmates must be asked to give express and informed written consent for offered mental health treatment within the Department, in accordance with Section 945.41, F.S. (2) For inmates placed in a mental health treatment facility in accordance with section 945.44. F.S., when the…

(1) In order to ensure that each inmate in the custody of the department has adequate access to the courts and to legal materials necessary for the preparation of legal documents, the department shall provide law libraries and related services as described in this section and in …