Florida Administrative Code

(1) Inmate behavior that is not in compliance with department rules shall be corrected through the disciplinary process, which includes informal disciplinary intervention. (2) Informal disciplinary intervention consists of group and individual counseling in lieu of formal discipl…

The following terms, as defined, shall be standard usage throughout the Department: (1) Classification Officer - As used herein, refers to any classification officer position, including senior classification officer and classification supervisor. (2) Contact Card - Refers to Form…

(1) When any employee or person supervising inmates witnesses an act or has reason to believe that an act has been committed by an inmate which is in violation of the rules or procedures of the Department and that employee determines that the infraction can be properly disposed o…

(1) Only one violation shall be included in each disciplinary report. Separate disciplinary reports shall be used for multiple offenses. (2) The statement of facts shall include: (a) A description of the violation, including date, time and place; (b) The specific rules violated; …

The investigating officer shall initiate the investigation of the infraction within 24 hours of the writing of the disciplinary report. The investigating officer is responsible for the following: (1) Interviewing the charging staff member. (2) Interviewing the charged inmate. Whe…

The investigator shall interview the informant and obtain a statement of the incident in question. This information shall be recorded by the investigator in the disciplinary investigative report. The investigator shall also document whether the informant has direct or indirect kn…

(1) A person shall not serve as the hearing officer or as a member of the disciplinary team, or participate in the deliberations when they are: (a) A witness or the person who wrote the charge; (b) The investigating officer; (c) The person charged with review of the results of th…

(1)(a) No hearing shall commence prior to 24 hours following the delivery of the charges except when the inmate's release date does not allow time for such notice or the inmate waives the 24 hour period. In such cases, an explanation shall be provided in the basis of findings sec…

(1) The disciplinary team or hearing officer's findings shall enumerate the specific facts derived from the disciplinary report, the disciplinary investigative report or the witness statements and what specific evidence was used in the disciplinary team's or hearing officer's con…

(1) The chief correctional officer at a work release center, or the senior staff person at a contract facility shall review the disciplinary action and recommend approval, modification or disapproval to the warden. (2) The warden acts as the final reviewing and approving authorit…

(1) If an error is discovered at any time after an inmate has been found guilty of a disciplinary infraction, the warden, the facility administrator of a private facility, or the deputy director of institutions (classification) or designee is authorized to cause a rehearing to ta…

(1) Interstate Compact Cases. Inmates confined in this Department on interstate transfer are to be disciplined in the same fashion as anyone sentenced within the State of Florida. Following the review process, a copy of all disciplinary reports on interstate corrections compact c…

(1) Disciplinary hearings through telephone or video communication are authorized in the event an inmate has been transferred to another facility and a disciplinary hearing is pending. (2) The conduct of the Disciplinary Hearing shall conform to all provisions of Rule 33-601.307,…

(1) The following forms used in implementing the provisions of this chapter are hereby incorporated by reference: (a) DC6-112E, Disciplinary Hearing Worksheet, effective 3-22-05. (b) DC6-112A, Disciplinary Investigative Report, effective 5-21-00. (c) DC6-256, Housing Officers Con…

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 lis…

(1) Definitions. As used in this chapter: (a) "Transfer" means transfer under the Interstate Corrections Compact authorized by Sections 941.56 and 941.57, F.S. (b) "Administrator" means the Interstate Corrections Compact Administrator in the Office of Institutions. (c) "Sending s…

Rulemaking Authority 20.315 FS. Law Implemented 20.315, 944.293 FS. History-New 10-8-76, Formerly 33-7.05, Amended 1-26-86, 11-4-92, 11-16-97, Formerly 33-7.005, Repealed 8-8-10.

(1) The Secretary shall authorize the payment of a discharge gratuity to inmates discharged from the custody of the Department of Corrections. A discharge gratuity in the amount of $50.00 shall be provided to any inmate released on parole, expiration of sentence, pardon or perman…

(1) Payments authorized by Sections 944.611 and 944.613, F.S., for the transportation of discharged inmates shall be made under the provisions of these sections. (2) Every inmate released on parole, expiration of sentence, pardon, supervised community release, provisional release…

(1) All inmates being released from the Department of Corrections are eligible to participate in the transition skills program except for those inmates meeting the criteria for exemption in paragraph (3)(b), below. (2) The Department shall administer a Department-approved risk an…

(1) The regional directors are the Secretary's designees for the purpose of approving or disapproving the temporary transfer of custody of any inmate housed within their respective regions, including those housed in private facilities, to attend a funeral or have a deathbed visit…

(1) Definitions. (a) Cell Phone - refers to a wireless communication device used to communicate with individuals via air signals and assigned a telephone number with area code. (b) Center Work Assignment (CWA) - The portion of the community release program for inmates that allows…

(1) Purpose. This rule sets forth guidelines for the utilization of type A and B furloughs. (2) Definitions. (a) Furlough - The program that allows inmates to visit in the community for specified purposes and under certain conditions. (b) Correctional Officer Major - The chief co…

(1) When an inmate is released in error prior to satisfaction of the sentence, the facts surrounding the release will be collected by the Bureau of Admission and Release and provided to the Bureau of Classification Management. (2) A preliminary determination will be made as to wh…

(1) Definitions. (a) Approving Authority refers to the Secretary of the Florida Department of Corrections or his or her designee, who will be the warden or assistant warden who has operational responsibility for a specific work release center. (b) Commercial Motor Vehicle refers …

Rulemaking Authority 945.091 FS. Law Implemented 945.091 FS. History-New 3-14-01, Amended 9-2-01, 3-19-02, 11-18-02, 5-31-04. 11-25-04, 4-13-06, 10-8-07, Repealed 3-2-11.

(1) An attorney may visit an inmate whom he represents if the inmate wishes to confer with the attorney and the attorney presents sufficient identification and evidence of his status as an attorney. (2) An agent of an attorney (a law student, law clerk, paralegal, legal assistant…

(4) Consulate documents will not be exchanged between the consulate officer and the inmate unless the consulate officer notifies the officer in charge that the exchange of consulate documents is necessary and allows a cursory inspection of the consulate documents. The officer in …

(1) An attorney may bring and use a camera to photograph his inmate client if he certifies in writing that the physical condition of the inmate client is relevant to a pending or prospective lawsuit, judicial or quasi-judicial proceeding, or administrative proceeding involving an…

For purposes of Rules 33-601.713 through 33-601.737, F.A.C., the words and phrases noted below are defined as follows: (1) "Actual Possession" refers to physical occupancy or control over property. (2) "Approved Visitor" refers to a person who is approved by the assigned institut…

(1) Inmate visiting is a privilege, not a guaranteed right of either the inmate or the visitor. Inmates are not assigned to specific institutions solely for the convenience of visiting privileges. (2) All visitors are subject to Department rules, procedures, technical instruction…

(1) During the reception process, classification staff shall develop and maintain a computerized list of the inmate's family members as defined in Rule 33-601.713, F.S., for placement on the automated visiting record. Placement of a name on the automated visiting record in and of…

(1) The Bureau of Classification and Central Records will develop and maintain automated visiting records. (2) Department staff will document all requests for visits, decisions made with regard to visiting, and pertinent comments on the automated visiting record. (3) An inmate ma…

(1) An applicant will not be denied visitation based on the disability, race, creed, color, or national origin of the inmate or applicant. Visitation will not be denied for any reason unrelated to the security, good order, or rehabilitative objectives of an institution. (2) The a…

In approving or disapproving visiting privileges, assigned institutional classification officer shall review Form DC6-111A, Request for Visiting Privileges, and shall consider all factors related to the security, order, or effective management of the institution. Form DC6-111A is…

(1) Former Department and Contract Employees. The assigned institutional classification officer shall consider approving former department employees and former employees of a contractor who was under contract with the department for visiting privileges under the following circums…

(1) An inmate shall not be authorized to visit with any person seventeen years of age or younger if: (a) The inmate has a current or prior conviction under Chapter 794, 800, 827 or 847, F.S.; and, (b) The conviction was for commiting or attempting to commit aggravated child abuse…

(1) Each institution shall provide a visiting area that facilitates both indoor and outside visiting and is adequately staffed to maintain security and safety. (2) Wardens shall ensure that games, small toys and other suitable activities are available for small children to assist…

Pursuant to the Florida Statutes and case law, the Department has broad discretion in who may be permitted to enter a state correctional institution. In accordance with that discretion, and the Department's statutory authority to promulgate rules regarding visitation, the Departm…

(1) Pursuant to Rule 33-601.722, F.A.C., approved visitors must have requested to schedule a visitation session in advance by accessing the Department's automated visitation scheduling system on the Department's public website and have been approved for the current session before…

(1) Persons desiring to visit shall be fully clothed including shoes. Only religious head coverings are permissible. Visitors shall not be admitted to the visiting area if they are dressed in inappropriate attire. The warden, assistant warden or duty warden shall be the final dec…

(1) Visitors shall be allowed to bring only authorized items listed into any department facility. Entry shall be denied if the visitor attempts to enter the institution or facility while possessing any unauthorized item or any authorized item in more than the approved amounts. Au…

(1) Visitors, visitors' vehicles, and rental vehicles in visitors' possession are subject to search at any time while on institutional property. A visitor who refuses a search as described below will have their current visit denied and their visitation privileges suspended as set…

(1) Visitors must conduct themselves in accordance with the following requirements while on department property. (a) There shall be no loitering. (b) Visitors are prohibited from using cameras on department property. (c) Visitors shall not possess, introduce, attempt to introduce…

(1) During visiting, inmates shall dress in accordance with Rule 33-602.101, F.A.C. Permanent inmates assigned to reception centers may wear a white shirt and white trousers during visitation. Inmates at work release centers whose work assignments are at the center may wear white…

(1) A warden or duty warden shall be authorized to deny or terminate a visit for the following reasons: (a) The visitor is or appears to be under the influence of drugs or alcohol; (b) The visitor refuses or fails to produce a valid photographic identification or falsifies identi…

(1) When an inmate ends the visit, all of the inmate's visitors shall be required to depart the visiting park immediately. (2) Upon completion of the visit the visitors shall not be cleared to leave the visiting park until the inmate with whom they visited is accounted for by ins…

(1) Suspension of Inmate Visitation Privileges. (a) Suspension of an inmate's visitation privileges pursuant to paragraphs (1)(b)-(e) below will be considered by the ICT as a management tool independent of any disciplinary action or close management placement resulting from a lis…

(1) General Provisions. (a) The suspending authority (i.e., warden, warden's designee, or Regional Director) will serve as the reviewing authority for all requests for reinstatement of visitation privileges. (b) All requests for reinstatement must be legibly handwritten or typed.…

(1) Inmates in special statuses, except for medical reasons, are not considered inmates with regular visiting privileges and must have special approval to visit. Inmates in special statuses shall be prohibited or restricted from regular visiting due to adverse impacts on security…