33-210.101: Routine Mail
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to: clarify the circumstances under which an inmate may receive more than 15 pages of additional written materials; eliminate the color restrictions on incoming mail; clarify that address labels may only be affixed to the outside of the mailing envelope; create an exception to the prohibition on sending mail to individuals who have requested that no mail be received from an inmate, as long as the outgoing mail pertains to civil pleadings or other legal documents pertaining to a civil case in which both the inmate and the intended recipient are parties; clarify that incoming mail that is unauthorized because it is not properly addressed to the inmate or because it is in unauthorized packaging shall be stamped with the reason for rejection and returned to the sender unopened; create a mechanism for inmates who allege that a pen-pal solicitation ad was placed without their knowledge or consent to request in writing that the ad be removed in order to avoid disciplinary action; amend Form DC2-521, Unauthorized Mail Return, to coincide with the rule changes.
SUMMARY: The proposed rule is amended to: clarify the circumstances under which an inmate may receive more than 15 pages of additional written materials; eliminate color restrictions on incoming paper and stationery; clarify that address labels may only be affixed to the outside of the mailing envelope; clarify that incoming mail that is unauthorized because it is not properly addressed to the inmate or because it is in unauthorized packaging shall be stamped with the reason for rejection and returned to the sender unopened; create an exception to the prohibition on sending mail to individuals who have requested that no mail be received from an inmate, as long as the outgoing mail pertains to civil pleadings or other legal documents pertaining to a civil case in which both the inmate and the intended recipient are parties; provide a more efficient procedure for handling unauthorized mass mailings; provide a procedure for inmates who allege no responsibility for the posting a pen pal advertisement to attempt to have the advertisement removed in order to avoid disciplinary action; clarify that incoming mail packed in or including any unauthorized packaging shall be returned to the sender.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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.
SPECIFIC 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 FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-210.101 Routine Mail.
(1) The provisions of this section shall apply to routine mail. Routine mail is all inmate mail, except legal mail (see Rule 33-210.102, F.A.C.), privileged mail (see Rule 33-210.103, F.A.C.), and publications (see Rule 33-501.401, F.A.C.).
(2) Inmates will be permitted to receive only the following types of materials through routine mail:
(a) Written correspondence (no limit as to number of pages). Correspondence shall be written in either English or Spanish. Inmates who cannot read and write in English or Spanish shall request approval from the warden to correspond and receive correspondence in the language which the inmate can read and write using Form DC6-236, Inmate Request. The warden shall approve such requests when there are department staff who can translate the correspondence or when it is otherwise possible to obtain translation services at de minimus cost to the Department. Correspondence may be written on greeting cards, but cards containing electronic or other non-paper parts, cards that which are constructed in such a way as to permit concealment of contraband, or cards that which are larger than 8''x10'' will not be permitted. Form DC6-236 is incorporated by reference in Rule 33-103.019, F.A.C.
(b) Up to 15 pages of additional written materials, unless the additional written materials pertain to an inmates legal case, or health, or other significant issues and or prior approval is obtained from the warden to send in an enclosure of greater than 15 pages. Each page can be no larger than 8 1/2'' x 14'' in size; material can be on both sides of a page. This does not include publications, which shall be handled pursuant to Rule 33-501.401, F.A.C. Individual articles or clippings from publications the content of which is otherwise admissible are permissible, up to the 15 page limit. No item can be glued, taped, stapled, or otherwise affixed to a page. Requests to send enclosures of greater than 15 pages shall be made to the warden or his designee prior to sending the material. Exceptions to the 15 page limitation are intended for enclosures concerning legal, medical, or other significant issues, and not for material for general reading or entertainment purposes. The warden shall advise the sender and the mail room of his approval or disapproval of the request.
(c) Photographs. Photographs will be counted toward the 15 page additional materials limitation. Nude photographs or photographs that which reveal genitalia, buttocks, or the female breast will not be permitted. Polaroid photographs will not be permitted. Photographs will not exceed 8'' x 10''.
(d) No change.
(e) Unused Blank greeting cards (no larger than 8'' x 10''), stationery or other blank writing paper (lined or unlined), or envelopes. Such items may only be white, off-white, or yellow and may not include borders or graphics. These items do not count toward the 15 page limitation for additional materials, but cannot exceed 10 each in number, with a total possession limit of 15 of each item. Card stock, sketch paper, and other types of craft paper may not be included.
(f) U.S. postage stamps. The value of the stamps cannot exceed the equivalent of 20 (1 oz.) first class stamps. These items do not count toward the 15 page limitation for additional materials. Inmates shall not possess more than the maximum number of stamps permitted by Rule 33-602.201, F.A.C. Due care shall be exercised in processing mail;, however, the department shall not be responsible for any postage stamps sent through the mail.
(3) No other items may be received through incoming routine mail. If an impermissible item is found (other than items of an illegal nature) the entire correspondence will be returned to the sender pursuant to subsection (14) of this rule. For example, the following items are not permissible for inclusion in or attachment to routine mail:
(a) through (b) No change.
(c) Stickers or stamps (other than postage stamps, postal service attachments, and address labels affixed to the outside of the mailing envelope);
(d) Address labels (other than those affixed to the outside of the mailing envelope); or
(e) No change.
(4) No change.
(5) Any routine mail sent or received shall be opened, examined, and is subject to being read by a designated employee. If the warden has approved an inmate to receive correspondence written in a language other than English or Spanish the correspondence may be translated to confirm that it complies with the applicable rules. If the language cannot be translated by an employee at the facility the correspondence may be photocopied and sent to another institution or the central office for translation. Outgoing mail shall not be sealed by the inmate sender. Incoming and outgoing mail that is properly addressed and otherwise in compliance with applicable rules shall not be held for processing for more than 48 hours of receipt by the mail room, excluding weekends and holidays.
(6) through (7) No change.
(8) Correspondence with individuals under civil commitment as sexually violent predators shall be subject to the prior approval of the warden. The warden shall withhold approval if he finds that the intended correspondence would present a substantial threat of interference with the security, order, or rehabilitative objectives of his institution.
(9) Inmates shall not use correspondence privileges to solicit or otherwise commercially advertise for money, goods, or services. For the purposes of this rule this includes advertising for pen-pals; inmates are not prohibited from corresponding with pen pals, but shall not place ads soliciting pen pals. Inmates who post ads or have ads posted with the assistance of another person shall be subject to disciplinary action. If an inmate alleges that an ad was posted without his assistance or permission or that the ad was placed before the restriction on soliciting pen-pals became effective, it is the responsibility of the inmate to request that the ad be removed by submitting a written request to the owner, operator, or administrator of the forum in which the ad is located if it is reasonably possible for the Department to identify the physical address of such entity. No inmate shall be subject to discipline if the ad is not removed subsequent to submission of the written request. If it is not reasonably possible for the Department to identify the physical address of the owner, operator, or administrator of the forum in which the ad is located, the inmate must submit Form DC6-236, Inmate Request, to the warden indicating that the ad was placed without the inmates knowledge or consent or that it was placed prior to the restriction on solicitation of pen-pals. The inmate shall be subject to disciplinary action only if it is discovered that the inmate solicited the ad or that it was placed subsequent to the restriction on solicitation of pen-pals.
(10) Inmates may not send mail to any person who has advised the warden that he does not wish to receive mail from the inmate. The parents or legal guardians of a person under the age of 18 may advise that mail is not to be sent to such person. Upon receipt of such advisement, the warden will cause to be prepared an acknowledgment specifying that the inmate will not be permitted to send mail to the person requesting the correspondence restriction and that such person should return any further mail received from the inmate and notify the warden of the attempt to correspond. After the inmate is notified of the correspondence restriction, any further attempt to correspond will be considered a violation of this rule and of section 9-14 of the Rules of Prohibited Conduct (Rule 33-601.314, F.A.C.), and will subject the inmate to disciplinary action. This restriction does not apply to civil pleadings or other legal documents pertaining to a civil case in which both the inmate and the receiver are parties, and no inmate shall be subject to discipline for mailing such items.
(11) Outgoing or incoming mail shall be disapproved for mailing or delivery to the inmate if any part of it:
(a) No change.
(b) Depicts, encourages, or describes methods of escape from correctional facilities or contains blueprints, drawings, or similar descriptions of Department of Corrections facilities or institutions, or includes road maps that can facilitate escape from correctional facilities;
(c) Depicts or describes procedures for the brewing of alcoholic beverages, or the manufacture of drugs or other intoxicants;
(d) No change.
(e) Depicts, describes, or encourages activities that which may lead to the use of physical violence or group disruption;
(f) No change.
(g) Is dangerously inflammatory in that it advocates or encourages riot, insurrection, disruption of the institution, or violation of department or institution rules;
(h) Threatens physical harm, blackmail, or extortion;
(i) Pictorially depicts sexual conduct as defined by Section 847.001, F.S., as follows:
1. through 5. No change.
6. Actual contact with a persons unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party;
6.7. Any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.
(j) No change.
(k) Contains criminal history, offender registration, or other personal information about another inmate or offender which, in the hands of an inmate, presents a threat to the security, order, or rehabilitative objectives of the correctional system or to the safety of any person;
(l) Contains It contains an advertisement promoting any of the following where the advertisement is the focus of, rather than being incidental to, the publication, or the advertising is prominent or prevalent throughout the publication.
1. through 4. No change.
(m) through (o) No change.
(12) through (13) No change.
(14)(a) When an inmate is prohibited from sending a letter, the letter and a written and signed notice stating one of the authorized reasons for disapproval and indicating the portion or portions of the letter causing disapproval will be given to the inmate. When an inmate is prohibited from receiving any item of mail, the inmate and the sender will be given notice in writing that the mail has been disapproved stating one of the authorized reasons for disapproval. Form DC2-521, The Unauthorized Mail Return Receipt, Form DC2-521, will be placed in the original envelope with the correspondence and returned to the sender. However, if an incoming mailing is rejected because it does not comply with the requirements of paragraph (15)(a) or subsection (20) of this rule, Form DC2-521 shall not be prepared. Instead, staff shall write or stamp the reason for rejection on the mailing and it shall be returned to the sender unopened.
(b) If the incoming mail is disapproved for one of the reasons listed in subsection (7), (8), or (9), paragraph (11)(a) through (l) or (o), subsection (12) or (13) of this rule, the institution shall make a copy of the correspondence before returning it to the sender with Form DC2-521, the Unauthorized Mail Return Receipt, Form DC2-521, included. If an institution receives identical correspondence from the same individual or entity that is addressed to more than 10 inmates, and the correspondence is disapproved for one of these reasons, the institution shall make only one copy of the correspondence and shall mail the sender only one Form DC2-521. The mailings shall be returned to the sender and may be returned together in a single package. The institution is not required to copy incoming correspondence disapproved pursuant to subsection (7) if the return address on the envelope was the reason for determining that the mail was sent from an inmate at another penal institution.
(c) No change.
(d) If unauthorized items are discovered in the mail (other than items of an illegal nature), the unauthorized item and the correspondence will be returned to the sender with Form DC2-521, the Unauthorized Mail Return Receipt, Form DC2-521 included. Form DC2-521 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is 7-2-09.
(15) Incoming and outgoing routine mail shall be delivered to and picked up from the institution or facility by the U.S. Postal Service only.
(a) Addresses of incoming mail: The address of all incoming mail must contain the inmates committed name, identification number, and institutional address. The inmates dorm and bunk locations are not required. All incoming mail shall contain the return address of the sender. The return address of incoming mail is subject to verification, and incoming mail shall be rejected if the sender or recipient cannot be verified.
(b) Addresses of outgoing mail: The return address of all outgoing mail shall contain the inmates committed name, identification number, and institutional name and institutional address. The inmates dorm and bunk locations are not required. No prefix other than inmate, Mr., Ms., Miss, or Mrs. nor any suffix other than Jr., Sr. or Roman numeral such as II or III may be included as part of the committed name in the return address. The institutional name in the return address must be spelled out completely with no abbreviations. All outgoing routine mail will be stamped mailed from a state correctional institution by mail room staff.
(c) Third party mailing services.
1. Inmates shall not utilize any third party mailing services or engage in any activities that which would enable them to engage in correspondence without revealing their status as inmates. Examples of prohibited activities include the following:
a. through b. No change.
c. Use of any mailing service that which allows the inmate to utilize a non-institutional address and engage in correspondence without revealing his or her status as an inmate;
d. Any activity or service that which does not reveal to potential correspondents the inmates status as an inmate.
2. Senders shall not utilize any third party mailing services or engage in any activities that which would enable them to engage in correspondence without revealing their identity or return address.
3. No change.
(16) through (19) No change.
(20) No packaging other than standard envelopes shall be given to inmates. Incoming mail that includes This includes removing the following types of packaging shall be rejected and returned to the sender unopened: boxes, padded envelopes, plastic bags, any envelopes that include metal parts, multi-layer packaging, bubble wrap, packing peanuts, etc.
(21) through (22) No change.
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. HistoryNew 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,________.
