The purpose and effect of the proposed rule is clarifying the amount of enclosures an inmate may receive and possess and clarifying what types of packaging shall not be accepted by the Department.

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-210.101: Routine Mail
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is clarifying the amount of enclosures an inmate may receive and possess and clarifying what types of packaging shall not be accepted by the Department.
SUMMARY: The proposed change is needed to clarify the amount of enclosures an inmate may have and what type of packaging is permitted.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules and incorporated forms, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), FS.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 944.09 FS
LAW IMPLEMENTED: 20.315, 944.09 FS
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

THE FULL TEXT OF THE PROPOSED RULE IS:

33-210.101 Routine Mail.

(1) No change.

(2) Inmates will be permitted to receive only the following types of materials through routine mail:

(a) – (c) No change.

(d) Up to ten each of the following: unused greeting cards (no larger than 8'' x 10'') with matching envelopes or up to ten sheets of, stationery or other blank writing paper (lined or unlined) with, or envelopes (stamped or unstamped). These items do not count toward the 15 page limitation for additional materials, but cannot exceed 10 greeting cards, sheets of stationery or sheets of blank writing paper and 10 envelopes each in number. Card stock, sketch paper, and other types of craft paper may not be included.

(e) No change.

(3) – (19) No change.

(20) No packaging other than standard envelopes shall be given to inmates. Incoming mail that includes the following types of packaging shall be rejected and returned to the sender unopened: any envelopes that include metal parts, boxes, padded envelopes, plastic bags, card stock type envelopes (i.e. US Mail Priority or US Mail Express card board type), any envelopes that include metal parts, multi-layer packaging, bubble wrap, packing peanuts, etc.

(21) – (22) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 10-8-76, Amended 10-11-77, 4-19-79, 11-19-81, 3-12-84, 10-15-84, Formerly 33-3.04, Amended 7-8-86, 9-4-88, 3-9-89, 9-1-93, 9-30-96, 5-25-97, 6-1-97, 10-7-97, 5-10-98, Formerly 33-3.004, Amended 12-20-99, Formerly 33-602.401, Amended 12-4-02, 8-5-03, 10-27-03, 9-20-04, 3-23-08, 7-2-09, 5-9-10, 12-5-12,           .

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Deputy Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12-7-12
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12-13-12