33-601.605. Inmate Drivers

(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 to any motor vehicle used on the streets and highways which has a gross vehicle weight rating (declared weight or actual weight) of 26,001 pounds or more, is designed to transport more than 15 persons including the driver, or is utilized to carry hazardous materials.

(c) DHSMV refers to the Department of Highway Safety and Motor Vehicles.

(d) Work Release Center (WRC) refers to a facility where a community based transition program for approved community custody inmates prior to release from custody is conducted.

(e) Paid Employment refers to the employment of a WRC inmate by an employer in the community for which the inmate receives a salary from the employer for work performed.

(2) License Requirements for Inmate Drivers in Paid Employment. Any inmate who operates a vehicle for paid employment purposes must have the required valid Florida Driver’s License. No inmate will be authorized to operate a vehicle that qualifies as a commercial motor vehicle without a valid Florida Commercial Driver’s License.

(3) Selection Criteria for Paid Employment Inmate Drivers.

(a) The inmate must meet the criteria for the work release program and not have a current or prior conviction in any of the following categories:

1. Any degree of murder or attempted murder,

2. Homicide,

3. Manslaughter,

4. Driving under the influence,

5. Driving while licensed suspended or revoked,

6. Kidnapping,

7. False imprisonment,

8. Escape, or a disciplinary report for escape or attempted escape for which the inmate was found guilty, or

9. Vehicle theft.

(b) The inmate must have demonstrated stability, maturity and satisfactory institutional adjustment for a period of six months.

(c) The inmate must be in community custody.

(d) The inmate must hold a valid Florida Driver’s License or be eligible for licensing.

(e) The inmate must have a favorable driving record which does not reflect any moving violations within the last three years prior to incarceration.

(4) The work release center classification officer considering an inmate as a paid employment driver shall review the inmate’s driving history utilizing the Kirkman Data Center database. Questions or concerns regarding the Kirkman Data Center database are to be directed to the work release coordinator in the Bureau of Classification and Central Records.

(5) Prior to driving an employer’s vehicle, a paid employment inmate driver must be authorized in writing by the approving authority.

(6) Obtaining licenses for non-licensed paid employment inmate drivers.

(a) When an inmate who does not have a valid Florida Driver’s License on file is assigned as a paid employment inmate driver, the classification officer shall contact the nearest DHSMV Driver’s License Office by telephone and arrange for the license examination.

(b) A correctional officer shall escort the inmate to DHSMV for the scheduled appointment and shall remain with the inmate while he or she completes the license examination.

(c) Routine fees for driver’s examinations, licenses and renewals will be paid by the inmate. Any additional costs to obtain a driver’s license will be the financial responsibility of the inmate and will be paid directly to the DHSMV Driver’s License Office.

(d) Once the license is obtained, the correctional officer shall return with the inmate to the work release center, secure the driver’s license in the control room and provide the classification officer with any paperwork received from DHSMV for the inmate’s file.

(7)(a) Issuance of Paid Employment Inmate Driver’s Licenses. The correctional officer working in the control room shall issue the license to the inmate upon departure to his or her employment site from the work release center, and shall ensure that the license is returned to the control room upon the inmate’s return to the work release center. The correctional officer in control room shall document on the control room log every time a driver’s license is given to and received from an inmate. For security reasons, the license will be stored in the control room when not in use.

(b) The Correctional Officer in the control room will make the appropriate documentation on the Control Room Log, DC6-207, every time a driver’s license is given to and received from an inmate. Form DC6-207 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. Requests for copies to be mailed must be accompanied by a self-addressed stamped envelope. The effective date of this form is August 29, 2000.

(8) The sergeant at the work release center shall review each paid employment inmate’s driver’s license at least quarterly to ensure that the license is still valid and no traffic infractions (citations) have occurred since the inmate was authorized to drive. Should the license be invalid or any new traffic infractions (citations) discovered, notice shall be given to the approving authority who shall reassess the inmate’s authorization to drive. The approving authority shall, in writing, advise the correctional officer major or classification officer at the work release center whether the inmate is to remain a paid employment inmate driver.

(9) Driving privileges and restrictions for inmates at major institutions.

(a) Inmates housed at major institutions will not be permitted to operate state vehicles other than farm equipment or other off-highway equipment which does not require a driver’s license.

(b) Operation of a farm vehicle or other off-highway equipment must be approved in advance by the inmate’s immediate supervisor and the warden.

(c) Inmates shall be properly trained prior to using any of the above-listed equipment.

(d) Inmates assigned to community work squads are authorized to operate farm equipment or other off-highway equipment off institution grounds as a part of their work duties. Inmates so assigned will have their competency in operating the equipment verified by the Department of Corrections supervisor or, in the case of squads supervised by a non-Department of Corrections supervisor, verified by the non-department supervisor and approved by the Department.

(e) The inmate will only be permitted to have custody of the equipment keys when he or she is operating the machinery. The inmate will be instructed to return the keys to the DC supervisor or non-DC supervisor (for squads not supervised by a DC employee) for safe storage upon completion of the job assignment. Under no circumstances will equipment keys be left in the vehicle when not in use or when the vehicle is unattended.

Rulemaking Authority 944.09, 945.091 FS. Law Implemented 20.315, 322.03, 322.04, 322.15, 944.09, 945.091 FS. History–New 8-29-00, Amended 1-1-01, 12-30-03, 4-7-05.