33-601.720. Sex Offender and Child Abuse Offender Visiting Restrictions

(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 or commiting or attempting to commit a sex act on, in the presence of, or against a person fifteen years old or younger.

(c) Current and prior convictions from other jurisdictions comparable to the offenses listed above also serve as a basis for imposing visiting restrictions.

(d) Only the judge who issued an order imposing visitation restrictions may modify those restrictions.

(2) A warden is authorized to approve a visit between a minor who is accompanied by an authorized adult and an inmate who meets the criteria in subsection (1) above if visiting is not restricted by court order and the warden determines the visit to be in the minor’s best interest. Factors to be considered are:

(a) An evaluation from a Florida licensed mental health counselor, marriage and family therapist, clinical social worker, psychologist or psychiatrist from the community, which reports the impact on the minor of such visits or the lack of visits;

(b) The duration and frequency of prior visits without adverse incidents;

(c) The availability of non-contact visiting facilities at the institution; and,

(d) Other factors related to the safety and best interest of the minor.

(3) The warden shall also consider the disciplinary history of the inmate when making the determination of whether to allow visitation. In order to be eligible to visit, an inmate must not have been found guilty of any of the following disciplinary charges in Rule 33-601.314, F.A.C., during the three months prior to the request for visitation:

(a) 1-1 Assault or battery or attempted assault or battery, with a deadly weapon;

(b) 1-2 Other assault or battery or attempted assault or battery;

(c) 1-3 Spoken or written threats;

(d) 1-4 Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like;

(e) 1-5 Sexual battery or attempted sexual battery              ;

(f) 1-7 Aggravated battery or attempted aggravated battery on a correctional officer;

(g) 1-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer;

(h) 1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

(i) 1-10 Aggravated battery or attempted aggravated battery on an inmate;

(j) 1-11 Aggravated assault or attempted aggravated assault on a correctional officer;

(k) 1-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer;

(l) 1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

(m) 1-14 Aggravated assault or attempted aggravated assault on an inmate;

(n) 1-15 Battery or attempted battery on a correctional officer;

(o) 1-16 Battery or attempted battery on staff other than correctional officer;

(p) 1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.);

(q) 1-18 Battery or attempted battery on an inmate;

(r) 1-19 Assault or attempted assault on a correctional officer;

(s) 1-20 Assault or attempted assault on staff other than correctional officer;

(t) 1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

(u) 1-22 Assault or attempted assault on an inmate;

(v) 2-1 Participating in riots, strikes, mutinous acts or disturbances;

(w) 2-2 Inciting or attempting to incite riots, strikes, mutinous acts or disturbances – Conveying any inflammatory, riotous or mutinous communication by word of mouth, in writing or by sign, symbol or gesture;

(x) 2-3 Participating in or inciting a minor disturbance;

(y) 2-4 Fighting;

(z) 3-1 Possession or manufacture of weapons, ammunition or explosives;

(aa) 7-6 Arson or attempted arson;

(bb) 9-1 Obscene or profane act, gesture, or statement-oral, written or signified;

(cc) 9-3 Breaking and entering or attempted breaking;

(dd) 9-7 Sex acts or unauthorized physical contact involving inmates;

(ee) 9-18 Unauthorized physical contact involving non-inmates;

(ff) 9-20 Extortion or attempted extortion; or

(gg) 9-22 Robbery or attempted robbery.

(4) Inmates shall not be permitted to visit with minors who are victims of their offenses unless a family court makes the determination that the visitation is necessary.

(5) If visitation is recommended, the custodial parent or guardian of the child must complete and sign Form DC6-138, Consent for Visitation with Minor Child. Form DC6-138 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 5-29-03.

(6) The warden is authorized to modify the visiting status if factors materially affecting the visiting privilege decision, such as a guilty finding for one of the disciplinary infractions listed in subsection (3) above, change. Modification of privileges and court modifications of previously imposed visiting restrictions shall be documented in the AVR by institutional staff.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.707, Amended 5-29-03, 9-29-03, 4-17-05, 4-10-08, 8-15-10, 8-30-16.