33-602.201. Inmate Property  


Effective on Wednesday, August 17, 2016
  • 1(1) The reception center chief of security shall ensure that property files are established for all new inmates. The inmate property file shall become part of the inmate’s institutional file. All forms and correspondence pertaining to inmate property shall be placed in this file in chronological order. The chief of security or designee shall be responsible for the maintenance of the inmate property file. An addendum will be made to Form DC6-224, Inmate Personal Property List, any time the status of inmate personal property changes. 86Form DC6-224 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 111http://www.flrules.org/Gateway/reference.asp?No=Ref-02178113. The effective date of this form is 11-21-00. 122Examples of changes include when an inmate receives additional property through an approved source or when the inmate chooses to dispose of a broken or worn out item.

    150(2)(a) When an inmate is initially received by the department, the receiving or property officer shall take charge of the inmate’s personal property. The officer shall inventory all items in the inmate’s possession at that time using Form DC6-224, Inmate Personal Property List.

    193(b) After final disposition is completed, the officer shall give one copy of the receipt to the inmate along with that property the inmate is authorized by the department to keep. Personal property remaining in the possession of an inmate is the responsibility of that inmate and not of the institution. One copy of the receipt shall be placed with any property that is not authorized within the department and that is to be stored. One copy of the receipt shall be placed in the package to be mailed to the inmate’s home or to the person designated on the form; if the inmate chooses to forfeit the items, this copy of the receipt shall be given to the inmate. One copy of the receipt shall be placed in the inmate property file. The unauthorized property will be held at the institution for 30 days. During this 30 day period, the inmate shall be given an opportunity to have the items picked up by an approved visitor, relative, or friend or to mail money or valuables to their families or other persons of their choice at no expense to the department. The 30 day period will not include any time during which an appeal or grievance pertaining to the disposition of the property is pending. Persons picking up items must pre-arrange with the warden for pick-up at a specific time during administrative working hours (Monday through Friday 8:00 a.m. through 5:00 p.m.).

    435(3) Upon 437arrival 438at any facility of the department, 444an inmate will have all personal property in his possession inventoried by security staff. Any property items that are not authorized by rule, or any authorized property that is in excess of allowed amounts as listed in Appendix One of this rule, shall be confiscated and stored pending disposition. The inmate shall be issued a receipt for such items503. When it becomes necessary to confiscate and impound the authorized personal property of an inmate subsequent to his reception in the institution, it will be immediately inventoried by an officer in the presence of the inmate, and a written, signed receipt, Form DC6-220, Inmate Impounded Personal Property List, itemizing the property will be given to the inmate. 561Form DC6-220 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 586http://www.flrules.org/Gateway/reference.asp?No=Ref-02177588. The effective date of this form is 10-23-06. This form was revised on 10-08603. If the inmate’s behavior is such that the security and order of the institution is jeopardized by his presence during the inventory process, the inmate’s presence shall not be required. In such cases a second officer shall witness the inventory process. Proper procedures will be taken to safeguard and store such property so as to prevent its loss, damage or theft. Upon release of the property, a signed receipt will be obtained from the inmate. Money in excess of the amount allowed by institutional policies found in the possession of an inmate will be handled in accordance with paragraph 70333-602.203(5)(a), 704F.A.C.

    705(4) Authorized Property.

    708(a) The property reflected on the Approved Property List (Appendix One), in the indicated quantities, is authorized within the department once an inmate is permanently assigned, provided the inmate has sufficient storage space. An inmate may not use other inmates’ storage space or other non-authorized storage containers or store property in locations other than his assigned housing unit.

    766(b) Wardens are authorized to establish local clothing storage procedures based upon confinement or other high security status when possession of multiple items presents a security risk for inmates in that status. Local clothing storage procedures shall comply with the following:

    8071. Clothing shall be exchanged on a one-for-one basis;

    8162. Inmates must have the opportunity for at least three exchanges per week or the same opportunity for exchange as provided to other inmates at the institution, whichever is greater;

    8463. Local clothing storage procedures must be consistently applied for all inmates of a particular security or housing status. Additional restrictions or removal of clothing items for individual inmates for safety or security reasons shall be handled and documented in accordance with rules applicable to the particular confinement status.

    895(c) Wardens shall establish local procedures whereby a married inmate can receive his or her wedding band if the wedding band was not brought with the inmate at the time of reception into the department.

    930(d) Inmates on work release shall be allowed to have an expanded inventory of clothing or supplies for their work requirements as approved by the warden.

    956(e) Inmates shall be required to maintain receipts for items purchased from an authorized source for as long as they possess the items. An authorized source includes the canteen, the friends and family program, and any vendor authorized to conduct business with the department that has been approved to make items available for purchase to the inmates. In instances where items purchased from an authorized source are added to Form DC6-224, Inmate Personal Property List, by the property officer, the inmate will not be required to maintain the original receipt from the authorized source. 1050Perishable food and beverage items purchased from an authorized source are intended for immediate consumption and may not be stored in an inmate’s housing area. Perishable food and beverage items are those that are unsealed or that require refrigeration. Nonperishable food or beverage items may not be kept longer than 30 days, as evidenced by the receipt from an authorized source, and shall be considered contraband if found in the possession of an inmate more than 30 days after purchase.

    1130(f) An inmate transferred from a jail or private prison to a Department of Corrections facility shall be permitted to retain only that property that is authorized by the department in Appendix One. Any unauthorized item will be confiscated and held by the institution for 30 days. During this 30 day period, the inmate shall be given an opportunity to have the items picked up by an approved visitor, relative, or friend or to mail the items to persons of their choice at no expense to the Department of Corrections. The 30 day time period will not include any time during which a grievance or appeal pertaining to the disposition of the property is pending.

    1245(5) Unauthorized Property (Also see Control of Contraband, Rule 125433-602.203, 1255F.A.C.).

    1256(a) Property that is contraband pursuant to Rule 126433-602.203, 1265F.A.C., shall be handled as provided in that rule.

    12741. If an inmate receives postage stamps in the mail that, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess stamps out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra stamps as soon as they are received. The stamps must be sent out; the institution will not store excess stamps for inmates. Excess stamps found in an inmate’s property will be considered contraband.

    13612. If an inmate receives photographs in the mail that, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess photographs out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra photographs as soon as they are received. Excess photographs found in an inmate’s property will be considered contraband.

    14323. An inmate who is in possession of the maximum number of articles allowed by this rule and who wishes to replace a worn item must contact the property officer to arrange to discard or send the worn item out at his own expense before purchasing a replacement item.

    1481(b) Property that is authorized for inmates in general population such as shaving powders, oils, and lotions shall be unauthorized or restricted based upon an inmate’s confinement or other high security status when that item presents a security risk. Further limits on personal items for inmates in confinement or other high security statuses are authorized as referenced in Rules 154033-602.220, 154133-602.221, 154233-602.222, 154333-601.800 1544and 154533-601.820, 1546F.A.C.

    1547(6) Storage of Excess Legal Materials.

    1553(a) Definitions.

    15551. Active Legal Material: Pleadings (i.e., complaint, petition or answer), legal motions and memoranda, affidavits, court orders and judgments, correspondence, and other documents (including discovery and exhibits), in or directly pertaining to an inmate’s own pending, active or prospective cases or lawsuits before the courts or administrative agencies.

    16032. Inactive Legal Material: Legal material not related to the inmate’s ongoing litigation, or not directly pertaining to an inmate’s pending, active or prospective cases or lawsuits before the courts or administrative agencies.

    16363. Excess Active Legal Material: Active legal material that exceeds the capacity of storage available in the inmate’s locker.

    16554. Excess Inactive Legal Material: Inactive legal material that exceeds the capacity of storage available in the inmate’s locker.

    1674(b) Storage of Legal Material. Each inmate is authorized to possess in his or her assigned housing area his own active or inactive legal material not exceeding the capacity of storage available in the inmate’s assigned locker.

    1711(c) Storage of Excess Active Legal Material.

    17181. A secure space for storing excess active legal material will be provided for inmates to use to store active legal material that cannot be contained in the inmate’s locker. Each facility will identify a secure area for such storage.

    17582. When it is determined by the assistant warden or chief of security that an inmate has legal material that cannot be contained in the inmate’s assigned locker, the inmate shall be given a written order from an employee of the department providing:

    1801a. The inmate shall have one week (seven calendar days) to organize and inventory his legal material and separate excess inactive legal material from excess active legal material; and

    1830b. If, after organizing and inventorying his or her legal material, the inmate will not be able to fit active legal material in his assigned inmate locker, the inmate shall complete Form DC6-2006, Request for Storage of Excess Active Legal Material, 1871http://www.flrules.org/Gateway/reference.asp?No=Ref-02183 1873and Form DC6-2008, Excess Active Legal Material Inventory List, to be submitted to the warden for review. 1890Form DC6-2006 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 7-8-03. Form DC6-2008 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 1948http://www.flrules.org/Gateway/reference.asp?No=Ref-021851950. The effective date of this form is 7-8-031959.

    19603. If time is needed in excess of seven calendar days for the inmate to organize and inventory his legal material, the inmate shall, prior to the expiration of the seven calendar day period, submit an inmate request to the warden to ask for additional time to complete his review. The inmate shall specify the basis for the request for additional time and how much additional time will be required to complete organizing and inventorying legal material. The total period of time for the inmate to complete this review shall not exceed 30 calendar days.

    20554. In the event the inmate refuses to organize and inventory his legal material as ordered, the inmate shall receive a disciplinary report. If the inmate refuses to comply after being ordered a second time, the inmate shall receive a disciplinary report and the department shall organize and inventory the material. The inventory shall be performed in the same manner as the staff review described in subparagraph 5. below.

    21245. Prior to placing an inmate’s active legal material into excess storage, the inmate’s legal material shall be subject to a cursory review by department staff to ensure compliance with department rules regarding utilization of excess storage, approved property, and contraband. This review will only be conducted in the presence of the inmate. Only the case style, signature on the document (if any), and letterhead (if any) may be read. Any material that is determined by staff to not be active legal material shall be collected by two designated employees and placed in a box(es) with interlocking flaps for storage pending disposition. The warden or designee shall notify the inmate on Form DC6-2007, Excessive Inactive Legal Material Disposition Determination, of the determination that the inmate has 30 days to make arrangements to have the excess inactive legal material picked up by an approved visitor, relative, or friend or sent out at the inmate’s expense as provided in subparagraph (6)(c)6. The institution will otherwise destroy the material. This notification shall be provided to the inmate within three calendar days of the determination unless the inmate provides verification of a deadline that cannot be met within the three day waiting period. The 30 day limit shall not include any time that a grievance appeal is pending provided the inmate has provided the warden or the warden’s designee with the written notice required in subparagraph (6)(c)7. 2357Form DC6-2007 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 2382http://www.flrules.org/Gateway/reference.asp?No=Ref-021842384. The effective date of this form is 7-8-032393. For purposes of this subparagraph, the warden’s designee may include the property room supervisor.

    24086. The cost of sending the inactive legal material to a relative or friend shall be collected from any existing balance in the inmate’s trust fund account. If the account balance is insufficient to cover the cost, the account shall be reduced to zero. If costs remain unpaid, a hold will be placed on the inmate’s account and all subsequent deposits to the inmate’s account will be applied against the unpaid costs until the debt has been paid.

    24867. If the inmate intends to appeal the determination and wishes to have the order to dispose of excess inactive legal material within 30 days stayed while the appeal is proceeding, the inmate must provide written notice to the warden on Form DC6-236, Inmate Request, that he intends to appeal the determination to the Office of the Secretary. The written notice must be filed within 15 calendar days of the determination. It shall include a statement by the inmate that the inmate intends to appeal the determination and must specifically identify the documents or papers on which the appeal is to be based. Form DC6-236 is incorporated by reference in Rule 259733-103.005, 2598F.A.C.

    25998. If the inmate fails to file written notice with the warden within 15 calendar days of the determination, fails to provide Form DC6-2007, Excess Inactive Legal Material Disposition Determination, as an attachment to the appeal, addresses more than one issue, or in any other way violates the grievance procedure as described in Chapter 33-103, F.A.C., the appeal shall be returned without response to the issue raised.

    26669. If the inmate’s grievance appeal is denied and the inmate wishes to appeal the determination to the courts as well as to have the order to dispose of the excess inactive legal material within 30 days stayed while the court appeal is proceeding, the inmate must provide written notice to the warden on Form DC6-236, Inmate Request, that he intends to appeal the determination to the courts. The written notice must be filed within 30 calendar days of receipt of the response from the Office of the Secretary, must identify the court in which the appeal has been filed, must include a statement by the inmate that the inmate intends to appeal the determination, and must specifically identify the documents or papers on which the appeal is based.

    279510. If the inmate’s appeal is denied, the inmate shall have 30 days to make arrangements to have the materials picked up by an approved visitor, relative, or friend, or pay to have the material sent to one of these approved individuals. If the material is not picked up or mailed out within 30 days, the institution shall destroy it.

    285511. Prior to being stored in excess storage, excess active legal material shall be placed in a box(es) with interlocking flaps, shall be numbered in sequential order, and shall have the inmate’s name and department number clearly written on the top and side of each box. Prior to being sealed, the box(es) shall be inspected by staff, in the presence of the inmate, for contraband. Each box shall be sealed in the presence of the inmate prior to being placed into excess storage. Form DC6-2008, Excess Active Legal Material Inventory List, shall be completed or updated by the inmate before the box(es) is sent or returned to excess storage.

    296412. In no event will an inmate’s active legal material be destroyed or removed from the facility except, in accordance with procedures for disposition of inmate personal property provided in this rule, as authorized and directed in writing by the inmate.

    300513. The department will not store case law, legal texts or books, or multiple copies of legal material as excess active legal material.

    3028(d) Excess Inactive Legal Material. Excess inactive legal material shall be sent out of the facility by the inmate at the inmate’s expense, as provided in subparagraph (6)(c)6. If the inmate does not want to pay to send the excess inactive legal material out, this material will be destroyed in accordance with this rule and Rules 308433-602.201 3085and 308633-602.203, 3087F.A.C., regarding inmate property and contraband.

    3093(e) Inmate Access to Excess Active Legal Material.

    31011. When an inmate wants access to a box of active legal material stored in excess storage, the inmate shall:

    3121a. Notify the property room officer by submitting Form DC6-236, Inmate Request; and,

    3134b. Clearly indicate by number the box to be requested.

    31442. Barring an emergency need demonstrated by the inmate, e.g., a court deadline that requires an immediate response by the inmate, the property room officer shall provide the requested box to the inmate within three workdays from date of receipt of the request, which shall be date stamped when received.

    31943. After receipt of a box of legal materials from excess storage, the inmate shall then be permitted to exchange those active legal materials in the requested box with other active legal materials in the inmate’s assigned locker.

    32324. The legal material to be exchanged shall be inspected for contraband by staff and sealed in the presence of the inmate prior to the box being returned to excess storage.

    32635. Form DC6-2008, Excess Active Legal Material Inventory List, shall be used and updated each time legal material is stored in or exchanged with legal material from excess storage.

    3292(f) Transfer. An inmate being transferred to another institution shall be permitted to take along all of the inmate’s legal material. The transferred inmate’s legal material must be maintained and possessed in accordance with the receiving institution’s available locker storage space.

    3333(7) Impounded Property.

    3336(a) When it is necessary to take and impound items of personal property belonging to or in the possession of an inmate, that property shall be taken, handled, processed, and secured in a manner that will safeguard it from loss, damage, destruction, or theft while it is under the control of the department. If the property impounded does not belong to the inmate in possession of the property, an investigation shall be conducted to determine if the owner of the property knowingly permitted the use of the property. If so, the property shall be handled as contraband. If it can be determined that the property was stolen or otherwise taken, the impounded property shall be returned to the rightful owner. Inmates must report stolen items immediately to the housing officer. The officer shall complete an incident report and an attempt will be made to locate the missing property.

    3484(b) When personal property of an inmate is taken, it will be inventoried according to the following procedure on Form DC6-220, Inmate Impounded Personal Property List, and, whenever practical, in the presence of the inmate. Exceptions may be made when the inmate’s presence during this process jeopardizes institutional security or in times of an emergency such as a general disturbance creating security concerns. New inmates being processed into the department at one of the reception centers will have their property recorded on Form DC6-220, with a copy being given to the inmate. Unauthorized property will be stored pending final disposition as provided in this rule. At the time of receipt into the department each inmate will also sign Form DC6-226, Authorization for Disposition of Mail and Property, which authorizes the department to dispose of the property should the inmate abandon it. 3625Form DC6-226 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 3650http://www.flrules.org/Gateway/reference.asp?No=Ref-021803652. The effective date of this form is 11-21-003661.

    36621. The inventory shall specifically list and identify each item or each group or package of personal items such as letters, legal papers, etc. as an assortment on Form DC6-220.

    36922. The inventory list shall be signed and dated by the employee recording the inventory and signed by the inmate, each in the presence of the other, unless doing so would be a danger or a threat to security, or unless the inmate is unavailable.

    37373. If an inmate refuses to sign the inventory list or is not present, that fact will be noted on the inventory and signed by the employee making the inventory and also by a second employee present.

    37744. The inventoried property will be kept together and identified by placing one signed copy of the inventory with the property.

    37955. One signed copy of the inventory shall be given to the inmate.

    3808(c) After being inventoried, the property will be removed as soon as possible to a secure area where it will be safe from loss, theft, or damage and to which other inmates do not have access.

    3844(d) Authorized property impounded during a period of close management, administrative confinement, or disciplinary confinement shall be held at the institution and returned to the inmate at the end of such period.

    3876(e) If it is appropriate to return part, but not all, of the impounded property to the inmate, the following procedure will be followed:

    39001. That part of the property being returned will be listed on the approved release, Form DC6-225, Inmate Partial Property Return Receipt, and any property found to be missing at that time will be noted on the form. 3938Form DC6-225 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 3963http://www.flrules.org/Gateway/reference.asp?No=Ref-021793965. The effective date of this form is 11-21-003974. The employee making the release and the inmate will date and sign the release form, each in the presence of the other. One signed copy of the release form shall be given to the inmate. One copy shall be attached to the original inventory list and kept with the remaining impounded property until all property is returned to the inmate, at which time it will be placed in the inmate’s property file.

    40472. The remaining unauthorized impounded property shall be held by the institution for 30 days. It shall be the responsibility of the inmate to make arrangements to have the property picked up by an approved visitor, relative or friend. In the alternative, the inmate may pay to have the property mailed to one of these approved individuals. The 30-day time period shall not include any time during which an appeal or grievance proceeding relating to the impounded property is pending. This paragraph does not apply to property that will be returned to the inmate pursuant to paragraph (7)(d) after release from close management, administrative confinement, or disciplinary confinement.

    41553. When property is picked up by an authorized individual, the person receiving the property shall sign the inventory list acknowledging receipt of the property. When arrangements for mailing of property have been made by the inmate, the inmate shall sign the inventory list indicating that property to be mailed.

    4205(f) When all of the impounded property is being returned, the following procedure will be followed:

    42211. The property being returned will be given to the inmate to check, in the presence of the employee making the release, to determine that all the property listed on the inventory is being returned to the inmate.

    42592. The inmate will sign and date the original inventory list to indicate that all of the impounded property has been received. The employee will sign as a witness and the receipt shall be placed in the inmate’s personal property file.

    43003. If items of personal property listed on the inventory cannot be located at the time the property is returned, those items shall be indicated as being missing on the inventory list.

    4332(g) When an inmate whose personal property has been taken and impounded is transferred to another facility, that property shall be transported with the inmate or as soon as possible thereafter. It is the responsibility of the sending location to ensure that only authorized property is transported and that the inmate has signed the proper receipt for the property, Form DC6-227, Receipt for Personal Property. 4397Form DC6-227 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 4422http://www.flrules.org/Gateway/reference.asp?No=Ref-021814424. The effective date of this form is 11-21-004433. The procedures for returning property listed in paragraph (f) shall be followed. When the inmate has excessive authorized property that cannot be transported with the inmate, the procedures for making a partial return listed in paragraph (e) shall be followed.

    4474(h) Except in emergency situations such as transfers immediately following a disturbance or institutional evacuation, whenever an inmate is transferred from one institution to another, the inmate’s personal property and personal property file shall be transferred with him. The sending institution shall have the responsibility of ensuring that the inmate being transferred has only that property that belongs to him and that such property is authorized. The inmate and the officer inspecting the property shall sign and date Form DC6-227, Receipt for Personal Property, at the time of transfer. Any property that is left behind or missing shall be noted on the form.

    4577(i) If an inmate is transferred without his personal property, the property shall be forwarded to the inmate by the sending institution within five working days, or as soon thereafter as possible if conditions resulting from the emergency preclude forwarding within five days. The property, along with an itemized list, shall be placed in a sealed container for transporting. A staff member at the receiving institution shall, in the presence of the inmate to whom the property belongs, check the property against the property list to ensure that all property is accounted for. The inmate shall sign Form DC6-227, Receipt for Personal Property, when the property is given to the inmate. Any discrepancies shall be noted on the form. If the inmate refuses to sign Form DC6-227, a notation to that effect shall be placed on the form and a second employee shall witness and sign the form.

    4725(8) Any inmate transferring to an outside community hospital for treatment or to a court appearance shall take only personal hygiene items and prescription medication issued by health services. Remaining personal property shall be inventoried utilizing Form DC6-220, Inmate Impounded Personal Property List, and stored in a secure location. When the inmate returns, only those items that he possessed before transfer will be allowed.

    4789(9) Any inmate being released by parole or expiration of sentence shall take all personal property with him and sign Form DC6-227, Receipt for Personal Property, at the time of release.

    4820(10) When, with the prior knowledge of the department, an inmate is not under the immediate control of the department for more than 24 hours and his personal property does not accompany him, it will be inventoried and held until his return.

    4862(11) When an inmate dies, escapes, or otherwise voluntarily abandons his property, the procedures listed below will be followed:

    4881(a) The property will be inventoried and stored in a secure area.

    4893(b) An attempt will be made to locate the person or persons indicated on the inmate’s notification record who will take possession of the property.

    4918(c) If this effort is successful, a signed receipt for the property will be obtained from the person taking possession of the property, and the receipt will be placed in the inmate’s personal property file.

    4953(d) If the effort to locate the person or persons is not successful, or if the person or persons listed fail to make arrangements to take possession, property will be given to charity. Funds in the inmate bank trust fund will be handled in accordance with Rule 500033-203.201, 5001F.A.C.

    5002(e) Abandoned property will be held by the institution for a period of 30 days to ensure sufficient time to incorporate the procedures outlined above.

    5027(12) The warden or designee shall determine how an inmate’s personal property shall be managed when the inmate has to appear at a disciplinary hearing by evaluating the following factors:

    5057(a) The maintenance of proper accountability of inmate property;

    5066(b) The likelihood of disruptive and belligerent behavior on the part of the inmate in the event that he is found guilty at the disciplinary hearing; and,

    5093(c) The physical layout of the institution.

    5100(13) The warden or designee is authorized to require an inmate to bring all of his personal property to the disciplinary hearing if the warden or designee determines that this is necessary after evaluating the factors set out in subsection (12) above.

    5142(14) Missing Inmate Property.

    5146(a) When an inmate’s property is returned after being stored for any reason and items documented on Form DC6-224, Inmate Property List, cannot be located, this fact shall be documented on the form. Any request for compensation or replacement of missing items shall be initiated via the inmate grievance process by the inmate whose property is missing.

    5203(b) If the grievance is approved, the assistant warden or other designee of the warden shall conduct an investigation of the loss. The investigation shall be completed and forwarded within 30 days.

    5235(c) If the loss is substantiated by the investigation, the warden or designee shall forward to the Department of Corrections Environmental Health, Safety and Risk Management Office a cover letter with recommendation of payment amount, a copy of the investigation with supporting documentation including proof of ownership (Form DC6-224), and a completed Department of Financial Services Lien Disclosure 5293Statement, DFS-D0-1404. The Lien Disclosure Statement is hereby incorporated by reference. Copies of the Lien Disclosure Statement are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 5324http://www.flrules.org/Gateway/reference.asp?No=Ref-023165326. The effective date of the Lien Disclosure Statement is 1-085337.

    5338(d) The Department of Corrections Environmental Health, Safety and Risk Management Office shall review and forward the claim to the Department of Financial Services, Division of Risk Management, for review and reimbursement consideration. Form DC6-238, Report of Risk Management Claim for Inmate Property, shall be used to notify the institution of action taken on the claim by the Department of Corrections Environmental Health, Safety and Risk Management Office. 5406Form DC6-238 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, 5431http://www.flrules.org/Gateway/reference.asp?No=Ref-021825433. The effective date of this form is 3-135442.

    5443(e) In the event that the Department of Financial Services, Division of Risk Management, decides to pay any or all of the inmate’s claim, the following procedure will be followed:

    54731. The Department of Corrections Bureau of Finance and Accounting, Inmate Bank Section, will receive the check for deposit.

    54922. The Department of Corrections Bureau of Finance and Accounting, Inmate Bank Section, will notify the Environmental Health, Safety and Risk Management Office via memo or e-mail of the deposit of the inmate’s claim check.

    5527(15) Transfer of Property. Inmates shall not transfer items of personal property to any other individual by way of loan, sale, trade, barter, or donation.

    5552(16) Religious Property.

    5555(a) 5556Definitions.

    55571. Religious property – property adhering to the tenets of a particular religion, including items for wearing or carrying at all times, items for individual worship in the inmate’s cell or individual sleeping area in open dormitory style housing, and items for storage and supervised use at the institutional chapel.

    56072. Koofi – short, brimless cap worn by male followers of Islam.

    56193. Prayer rope – short, knotted rope used for individual worship by followers of the Greek Orthodox faith.

    56374. Prayer rug – small rug on which followers of Islam conduct individual worship.

    56515. Prayer shawl – shawl with tassels or twisted threads on each corner worn by followers of Judaism, Messianic Judaism, and the Assembly of Yashua for Morning Prayer and on holy days; it may be accompanied by a small cloth prayer shawl bag that is used for storing the item when it is not being worn.

    57076. Rakusu – small, bib-like garment worn about the neck by followers of Buddhism.

    57217. Runes – small tiles, each inscribed with a runic letter, used for individual worship by followers of Odinism or Asatruism.

    57428. Scapular – two small squares, sometimes bearing religious images or texts, connected by string and worn about the shoulders of followers of Catholicism.

    57669. Tarot cards – deck of 78 cards depicting spiritual entities used for individual worship.

    578110. Tefillin – two small leather boxes, each containing a black leather strap inscribed with religious text. The tefillin are wrapped around the body by followers of Judaism as a form of individual worship and may be accompanied by a small cloth tefillin bag that is used for storing the items when they are not being worn.

    583811. Tzitzit – four-cornered garment with tassels or twisted threads on each corner worn by followers of Judaism, Messianic Judaism, and the Assembly of Yashua. When the tzitzit is worn underneath the clothing, the tassels are to hang below the outer garment.

    588012. Yarmulke (or Kippah) – small, round cap worn by male followers of Judaism, Messianic Judaism, and the Assembly of Yashua.

    590113. Zafu – a meditation cushion used by followers of Buddhism.

    5912(b) Unless otherwise prohibited by department rule, inmates 5920shall be permitted to possess, 5925for personal use, religious publications as defined in Rule 593433-503.001, 5935F.A.C., that are in compliance with admissibility requirements of Rule 594533-501.401, 5946F.A.C.

    5947(c) 5948Unless otherwise prohibited by department rule or by paragraph (e) of this subsection, inmates shall be permitted to possess the following items adhering to the tenets of a particular religion for wearing or carrying at all times or for use during individual worship in their assigned cell or individual sleeping area if assigned to open dormitory housing. Such religious items must be documented on Form DC6-224, Inmate Personal Property List. When an inmate makes a change in religious preference, the inmate must dispose of all of the items associated with the previous religion unless such items are also associated with the new religious preference. Disposal shall be in accordance with paragraph (i) below and must be done before the inmate shall be permitted to possess items adhering to the new religious preference. An inmate shall be allowed to maintain the following religious items in his individual housing unit unless specific and definable security concerns require storage and usage elsewhere. An inmate shall not be transported to the chapel for the purpose of using an item for individual worship if the inmate possesses the item in his housing area; however, if an inmate does not possess a necessary item for individual worship in his housing area and the item is available at the institutional chapel, the inmate shall not be prohibited from being transported to the chapel for the purpose of using the item for individual worship.

    61841. Religious items for wearing or carrying at all times:

    6194a. Jewish – black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

    6217b. Catholic – devotional scapular worn underneath the clothing;

    6226c. Muslim – white koofi for men, white or blue headscarves for women with a possession limit of four scarves;

    6246d. Native American – medicine bag, headband, feather;

    6254e. Assembly of Yashua – black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

    6279f. Rastafarian – white or blue headscarves for women with a possession limit of four scarves;

    6295g. Messianic Jewish – black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

    6319h. One set of prayer beads, such as Rosary, Dhikr, Orisha, Mala, or Japa-Mala beads;

    6334i. One religious symbol or medallion, such as a cross, Star of David, or talisman, or other religious medallion. Religious symbols shall not be more than 2 inches in length or diameter, and symbols worn about the neck shall be worn under the shirt on a jewelry-type chain. Religious symbols that are designed to be affixed to clothing with a pin are not permitted.

    63982. Religious items for individual worship in an inmate’s assigned cell or individual sleeping area:

    6413a. Jewish – prayer shawl (white or white with colored trim) no larger than 72'' x 72'', one set of tefillin;

    6434b. Muslim – prayer rug no larger than 30'' x 42'';

    6445c. Asatru or Odinism – runes and accompanying cloth bag;

    6455d. Greek Orthodox – prayer rope;

    6461e. Buddhist – black or brown Rakusu;

    6468f. Assembly of Yashua — prayer shawl (white or white with colored trim) no larger than 72'' x 72'';

    6487g. Messianic Jewish – prayer shawl (white or white with colored trim) no larger than 72'' x 72'';

    6505h. No more than two pictures or images depicting gods, saints, or other religious or spiritual entities. Such pictures or images may be no larger than 8.5'' x 11'' inches. This limit does not apply to images or pictures contained within religious publications.

    6548(d) Religious items to be stored and used in the chapel. The following religious items pose a general security risk when allowed in an inmate’s cell or sleeping area if assigned to an open dormitory housing unit. Inmates shall be permitted to use the following religious items or materials only under the supervision of the chaplain or an approved volunteer, and these items shall be stored in the chapel:

    66171. Tarrot cards;

    66202. Wiccan –stones or crystals;

    66253. Buddhist – Zafu.

    6629(e) Limitations on Use of Religious Property. When an inmate is prohibited from retaining possession of religious items due to transfer to a different management or housing status, such items shall be stored and returned to the inmate once he has been transferred back to a setting in which the items are permissible pursuant to this rule.

    66861. Inmates in a transitional care unit, an isolation cell, observation cell, isolation management room, crisis stabilization unit, on self-harm observation status, or housed at Mental Health Treatment Facility (MHTF) are not permitted to store or use religious property, other than religious publications as provided in paragraph (a) of this subsection, without review and approval by the inmate’s Multidisciplinary Services Team.

    67472. Inmates on close management or maximum management status and inmates in disciplinary or administrative confinement shall be permitted to possess religious publications, items for wearing or carrying at all times, and items for individual worship unless the warden or designee finds that the inmate’s possession of the item poses a specific and definable safety or security threat. In determining whether an item presents a specific and definable threat, the following shall be considered:

    6821a. The physical characteristics of the item and the particular dangers to security, inmate and staff safety, and institutional order that the item presents;

    6845b. Limitations on possession or access, if any, that may be dictated by the characteristics of the inmate’s custody classification or management status.

    6868(f) Religious property and other religious items shall be acquired through an authorized source, bona fide religious organization, or donor.

    6888(g) The chaplain at the institution shall serve as advisor to staff and inmates in the area of religious property listed in paragraphs (c) and (d) of this subsection. 6917Should issues arise concerning the appropriateness of any particular religious item that is alleged to be permitted by this subsection, the institutional chaplain will evaluate the item in conjunction with security staff to determine whether the item is permissible. The agency chaplaincy services administrator shall provide advice and guidance to the department regarding approved religious items, religions and religious items not listed in this rule, and other department religious issues.

    6987(h) Inmate requests for religious property not listed in this rule shall be reviewed by the agency chaplaincy services administrator to determine whether the item adheres to the tenets of the inmate’s particular religion. 7021If the chaplaincy services administrator determines that the item adheres to the tenets of the inmate’s religion, the agency security bureau chief shall conduct a review to determine whether the item presents a specific and definable threat to security and order. In determining whether an item presents a threat to security and order the following shall be considered:

    70791. The physical characteristics of the item requested and the particular dangers to security, inmate and staff safety, and institutional order that the item presents;

    71042. Limitations on possession or access, if any, that may be dictated by the characteristics of a particular inmate’s custody classification or management status.

    7128(i) Disposal of Religious Property.

    71331. Religious property that must be disposed of in order for an inmate to remain in compliance with the provisions of this rule (e.g., to remain within limits on the number of permissible items) shall b7169e 7170retained by the institution for 30 days. The inmate may mail out the item(s) during this time at no expense to the department or may elect to give the item(s) to the institutional chaplain for disposal in a manner respecting the tenets of the faith to which the item adheres. If after 30 days the inmate has not disposed of the property, it shall be transferred to the chaplain for disposal in a manner respecting the tenets of the faith to which the item adheres.

    72552. Religious property that must be disposed of in order for an inmate to receive items adhering to a different faith pursuant to paragraph (c) above may be mailed out at no expense to the department or may be given to the institutional chaplain for disposal in a manner respecting the tenets of the faith to which the item adheres.

    7315APPENDIX ONE

    7317PROPERTY LIST

    7319This list incorporates all property authorized to be possessed by inmates in all department institutions and facilities except community correctional centers. Except for items specified below as “exemptions,” property received must be in compliance with this list. Inmates in possession of property previously approved by the Department of Corrections which meets the description of property on the list shall be allowed to retain the property. Inmates transferring to department facilities from private correctional facilities shall be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold by an authorized source, items purchased in canteens at private facilities will not always be admissible in department facilities.

    7444Definitions.

    7445The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. All items from authorized source are subject to availability and may not be available for purchase. Items found in the possession of an inmate that are in excess of the established “quantity” shall be treated as contraband in accordance with Rule 751833-602.203, 7519F.A.C. Where there is a “value” indicated, the authorized item shall not exceed that value. The terms “authorized source” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “authorized source” designation shall be available in all institutional canteens or through orders from an authorized source. All authorized source items are transferable between department institutions. “State issue” means that the institution has the authority to issue this item to inmates based upon the character of the institution, the location of the institution, the housing or work assignment of the inmate, or other factors related to institution or inmate needs. Institutions housing death row inmates shall make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

    7660Exemptions.

    7661Inmates already in possession of the following previously approved items shall be allowed to retain the items until they are no longer serviceable, but shall not be allowed to replace them with like items.

    7695 7696Clothing items of a different color than specified on the property list.

    7708 7709Locks other than V68 series

    7714 7715Plastic bowls, tumblers, cups and lids

    7721 7722Pantyhose

    7723 7724Nail clippers larger than 2-1/2''

    7729AUTHORIZED PROPERTY LIST

    7732CLOTHING

     

     

     

    7733Quantity

    7734Unit

    7735Value

    7736Articles

    77371

    7738each

     

    7739Athletic Bra (authorized source – female only)

    77461

    7747each

     

    7748Belt (state issue)

    77514

    7752each

     

    7753Bras (state issue or authorized source – female only)

    77621

    7763each

     

    7764Coat (state issue)

    77671

    7768pair

     

    7769Gloves, work (state issue)

    77734

    7774each

     

    7775Handkerchief, cotton, white only (authorized source)

    77811

    7782each

     

    7783Hats (state issue)

    77862

    7787pair

     

    7788Pajamas – long (state issue or authorized source)

     

     

     

    7796Light blue or white – female only

    7803Light blue – male

    78077

    7808each

     

    7809Panties (state issue or authorized source – female only)

    78183

    7819each

     

    7820Pants (state issue)

    78231

    7824each

     

    7825Raincoat or Poncho – clear (state issue or authorized source)

    78351

    7836each

     

    7837Robe (state issue – female only)

    78433

    7844each

     

    7845Shirt, outer (state issue)

    78494

    7850each

     

    7851Shirt, T-Shirt (state issue or authorized source – gray for female, white for male) *inmates may possess both state-issue and authorized source 7873‒ purchased shirts, but the total combined number cannot exceed 4.

    78841

    7885pair

     

    7886Shoes, Athletic (authorized source)

    78901

    7891pair

     

    7892Shoes, Boots (authorized source or state issue)

    78992

    7900each

     

    7901Shorts, athletic (navy blue) (authorized source)

    79071

    7908each

     

    7909Shower cap, clear o7913nly (female only) (authorized source)

    79181

    7919pair

     

    7920Shower slides (authorized source)

    79246

    7925pair

     

    7926Socks (state issue or authorized source)

    79321

    7933each

     

    7934Supporter, athletic (male only) (authorized source)

    79402

    7941each

     

    7942Sweatshirts (gray only) (authorized source order)

    79484

    7949each

     

    7950Undershorts (male only) (state issue or authorized source)

    79582

    7959each

     

    7960Underwear, thermal (state issue or authorized source)

    7967PERSONAL ARTICLES

    7969Quantity

    7970Unit

    7971Value

    7972Articles

    7973Number in use

     

     

    7976Batteries (authorized source)

    797925

    7980each

     

    7981Roller clips – plastic only (females only), (authorized source)

    7990*

     

     

    7991Books (legal, educational, religious, fiction) – *

     

     

     

    7998Quantity as specified by Rule 800333-501.401, 8004F.A.C.

    80051

    8006each

     

    8007Bowl – plastic (authorized source)

    80121

    8013package

     

    8014Breath tablets (authorized source)

    80181

    8019each

     

    8020Calendar, as specified by Rule 802533-501.401, 8026F.A.C.

    8027*

     

     

    8028Canteen purchases – *limited by approved storage space;

    80361

    8037each

     

    8038Canteen bag (authorized source)

    80421

    8043set

     

    8044Checkers (light wood or plastic, standard checkers only) (authorized source order)

    80551

    8056set

     

    8057Chess (light wood or plastic, 2 inches max. height) (authorized source order)

    80691

    8070each

     

    8071Coffee mug – plastic (authorized source)

    80771

    8078each

     

    8079Comb-pocket type, no handles (non-metal) (state issue or authorized source)

    8089*

     

     

    8090Correspondence – *limited by storage space limitations

    80971

    8098pack

     

    8099Cotton swabs (plastic or paper stems only) (authorized source)

    81082

    8109each

     

    8110Crème rinse and conditioner (authorized source)

    81161

    8117each

     

    8118Cup, drinking – plastic (authorized source)

    81241

    8125package

     

    8126Dental floss, (floss loops only), unwaxed (authorized source)

    81341

    8135each

     

    8136Denture adhesive (state issue or authorized source)

    81431

    8144each

     

    8145Denture cup (authorized source order)

    81502

    8151each

     

    8152Deodorant and antiperspirant (no aerosols) (authorized source)

    81591

    8160set

     

    8161Domino (light wood or plastic, standard size) (authorized source order)

    81711

    8172Set

     

    8173Earbuds (authorized source)

    81761

    8177pair

     

    8178Earphone pads (replacement) (authorized source order)

    81841

    8185pair

     

    8186Ear rings, post type (female only) (authorized source order)

    8195*

     

     

    8196Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)

    82191

    8220pack

     

    8221Emery board – cardboard (authorized source)

    822725

    8228each

     

    8229Envelopes – legal (#10 size) (authorized source)

    82365

    8237each

     

    8238Envelopes – oversized (10'' x 13'') (authorized source)

    8246*

     

     

    8247Envelopes, self-addressed stamped – * the total in the inmate’s possession shall not

     

     

     

    8260exceed the limit of 1 pack

    82662

    8267each

     

    8268Eyeglasses, case, contact lens and solutions (state issue or personal; “personal” means

     

     

     

    8280that inmates already in possession of these items will be allowed to retain them, but

     

     

     

    8295any future items will be provided by the institution if needed.) Contact lenses will only

     

     

     

    8310be provided if medically indicated

    83151

    8316each

     

    8317Eye shadow, eyeliner, mascara, eyebrow pencil, blemish preparation, lipstick, blemish

     

     

     

    8327and spot cover-up, lip coloring (female only) (authorized source)

    83361

    8337box

     

    8338Feminine hygiene products (internal and external) (female only)

     

     

     

    8346(state issue or authorized source)

    8351*

     

     

    8352File folders (*limited by storage space)

    835820

     

     

    8359Greeting cards and accompanying envelopes

    83641

    8365each

     

    8366Hairbrush – nonmetal, handles for females only (authorized source)

    83752

    8376each

     

    8377Hairdressing (styling gel, pink oil, cholesterol, perm kit – female only) (no aerosols) (authorized source)

    83921

    8393each

     

    8394Hair net (female only) (authorized source)

    840025

    8401each

     

    8402Hair rollers (female only) (authorized source)

    84082

    8409each

     

    8410Handballs or racketballs (authorized source)

    84151

    8416each

     

    8417Headphones for use with radio (authorized source)

    8424Maximum

     

     

    8425Health aids – headache and cold remedies, antacids,

    8433weekly dosage

     

     

    8435antifungal preparations, cough drops, nasal spray, etc. No imidazoline,

     

     

     

    8444tetrahydrozaline, or hydrochloride compounds (authorized source – as approved by

     

     

     

    8454health services)

    84562

    8457each

     

    8458Hearing aid (state issue or personal)

    8464*

     

     

    8465Hobby craft – at locations where program exists and subject to storage space

     

     

     

    8478limitations

    84791

    8480each

     

    8481Insect repellant (authorized source)

    84851

    8486each

     

    8487Jigsaw puzzle (authorized source order)

    84921

    8493each

     

    8494Keyboard (authorized source)

    84971

    8498each

     

    8499Laundry bag (state issue or authorized source)

    85061

    8507each

     

    8508Lip balm (authorized source)

    85121

    8513each

     

    8514Locks, combination (V68 series) (authorized source)

    85201

    8521each

     

    8522Make-up bag, clear only (female only) (authorized source)

    85301

    8531each

     

    8532Mirror – plastic, nonbreakable, 5'' × 7'' max. (authorized source)

    85421

    8543each

     

    8544Moisturizer – (authorized source)

    85481

    8549each

     

    8550Mouthwash (authorized source)

    85531

    8554each

     

    8555MP3 Player (authorized source)

    85591

    8560each

     

    8561MP3 Player arm band holder (authorized source)

    85681

    8569each

     

    8570Nail clippers, not to exceed 2 1/2'' (authorized source)

    85792

    8580pack

     

    8581Notebook paper (authorized source)

    85854

    8586each

     

    8587Pens, ballpoint, flair-type, pencils with erasers, or security pens, no markers

     

     

     

    8598(authorized source)

    8600*

     

     

    8601Periodicals – * as specified by Rule 860833-501.401, 8609F.A.C., and storage space limitations

    86141

    8615each

     

    8616Photo album, non-metal (authorized source)

    862150

    8622each

     

    8623Photographs (personal)

    86252

    8626decks

     

    8627Playing cards (standard) (authorized source)

    86325

    8633each

     

    8634Pony tail holder (fabric) or hair claws (plastic) (female only)

    86441

    8645each

     

    8646P.R.I.D.E. service pin (issued to inmate from P.R.I.D.E.)

    8654*

     

     

    8655Prosthesis – *as approved by health services

    86621

    8663each

    866450.00

    8665Radio, DC/AM/FM only, “Walkman” type, maximum 4'' × 5'' (authorized source)

    86761

    8677each

     

    8678Razor, disposable (state issue) (female inmates only)

    86851

    8686each

    868750.00

    8688Razor, battery operated, non-rechargeable (authorized source order)

    8695*

     

     

    8696Religious requirements – as approved by chaplaincy services, (examples: head

     

     

     

    8706covering, prayer rug)

    87091

    8710each

    871150.00

    8712Religious medallion with chain (personal or provided by Chaplain)

    87211

    8722each

    8723100.00

    8724Ring, engagement (personal, female only)

    87291

    8730each

    8731100.00

    8732Ring, wedding (personal)

    87351

    8736each

     

    8737Roller cap, clear only (female only) (authorized source)

    87451

    8746set

     

    8747Scrabble (authorized source order)

    87511

    8752each

     

    8753Screen protector (authorized source)

    87572

    8758each

     

    8759Shampoo (authorized source)

    87621

    8763each

     

    8764Shaving cream (authorized source)

    87681

    8769each

     

    8770Shaving powder (authorized source)

    87741

    8775pair

     

    8776Shoe laces (authorized source)

    87801

    8781each

     

    8782Shoe wax (Liquid only, non flammable, no nitrobenzene; authorized source)

    87922

    8793each

     

    8794Soap, bath (state issue or authorized source)

    88011

    8802each

     

    8803Soap dish (authorized source)

    88071

    8808each

     

    8809Soap, laundry (female only) (authorized source)

    8815*

     

     

    8816Special needs – *special devices as approved for compliance with medical needs

    88281

    8829each

     

    8830Spoon, plastic (authorized source)

    883440

    8835each

     

    8836Stamps (the equivalent of 40 1-ounce 1st class) (authorized source)

    88461

    8847each

     

    8848Sunglasses, no mirror type (authorized source)

    88541

    8855each

     

    8856Sunscreen lotion (authorized source)

    88601

    8861each

     

    8862Talcum powder (authorized source)

    88661

    8867each

     

    8868Toilet Paper (state issue or authorized source)

    88751

    8876each

     

    8877Toothbrush (state issue or authorized source)

    88831

    8884each

     

    8885Toothbrush holder (authorized source)

    88892

    8890each

     

    8891Toothpaste and Toothpaste with mouthwash (state issue or authorized source)

    89012

    8902each

     

    8903Towels (state issue)

    89061

    8907each

     

    8908Wallet (authorized source)

    89111

    8912each

    891350.00

    8914Watch (personal or authorized source)

    89191

    8920each

     

    8921Watch band (nylon and Velcro only) (authorized source)

    89292

    8930each

     

    8931Washcloths (state issue or authorized source)

    8937Rulemaking Authority 8939944.09 FS. 8941Law Implemented 8943944.09 FS. 8945History‒New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08, 89731-25-10, 7-4-10, 10-26-11, 8-19-12, 11-20-12, 3-3-13, 6-8-14, 8-17-16.