The purpose of the proposed rule is to define what constitutes a service animal, to explain the check in procedures involved with a service animal, to explain what types of searches can be conducted on a service animal, to explain what conduct is ...  

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    DEPARTMENT OF CORRECTIONS

    RULE NOS.:RULE TITLES:
    33-601.713Inmate Visiting - Definitions
    33-601.723Visiting Check-In Procedures
    33-601.726Visitor Searches
    33-601.727Visitor Conduct
    33-601.729Denial or Termination of Visits
    PURPOSE AND EFFECT: The purpose of the proposed rule is to define what constitutes a service animal, to explain the check in procedures involved with a service animal, to explain what types of searches can be conducted on a service animal, to explain what conduct is expected of a service animal and to explain what conduct of a service animal can lead to the termination of a visit.
    SUMMARY: The purpose of the proposed rule is to explain to staff, inmates, and visitors what constitutes a service animal, what types of searches can be conducted on a service animal, and what conduct is expected of a service animal.
    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, 944.23, 944.47, 944.8031 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:

    33-601.713 Inmate Visiting – Definitions.

    (1) through (16) No change.

    (17) “Service Animal” refers to a dog that is individually trained to do work or perform tasks for a person with disabilities. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of the definition of a service animal.

    Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11, 9-24-12,                  .

     

    33-601.723 Visiting Check-In Procedures.

    (1) through (6) No change.

    (7) A visitor is allowed to bring a service animal, as defined in Rule 33-601.713, F.A.C., into institutional visiting parks under the Americans with Disabilities Act (ADA). Under the ADA, a service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls.

    (a) When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions:

    1. “Is the dog a service animal required because of a disability?”;and

    2. “What work or task has the dog been trained to perform?

    (b) Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

    (c) Allergies and fear of dogs are not valid reasons for denying access to people using service animals. When a staff member or other visitor who is allergic to dog dander and a person who uses a service animal must spend time in the visiting park, they both should be accommodated by assigning them, if possible, to different locations within the visiting park.

    Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-17-06, 6-28-12,              .

     

    33-601.726 Visitor Searches.

    (1) No change.

    (2) Authorized visitor searches include:

    (a) through (j) No change.

    (k) A careful inspection of the harness, leash, or tether of a service animal, as defined in Rule 33-601.713, F.A.C., including the removal thereof for closer inspection if necessitated by institutional security concerns.

    (3) through (5) No change.

    Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 1-25-05, 1-4-12, 6-28-12,           .

     

    33-601.727 Visitor Conduct.

    (1) through (2) No change.

    (3) Those visitors with an authorized service animal, as defined in rule 33-601.713, F.A.C., must ensure that their animal conforms with acceptable behavior. A service animal, must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls. A visitor is responsible for any and all damage caused by himself or the service animal. Department staff are not required to provide care or food for a service animal.

    Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-29-07,            .

     

    33-601.729 Denial or Termination of Visits.

    (1) A warden or duty warden shall be authorized to deny or terminate a visit for the following reasons:

    (a) through (m) No change.

    (n) A service animal violates visitor conduct standards in Rule 33-601.727, F.A.C. A visitor with a disability cannot be asked to remove his service animal from the premises unless:

    1. The dog is out of control and the visitor does not take effective action to control it; or

    2. The dog is not housebroken.

    (2) No change.

    (3) Before considering denial or removal of a service animal under section (1) (n) above, the warden or duty warden must offer the visitor with a disability the opportunity to continue the visit without the animal’s presence.

    (4)(3) Reconsideration for Visitation. A visitor initially denied permission to visit for reasons other than for possession or attempted introduction of contraband and who corrects the problem causing the denial shall be granted visiting if not otherwise precluded by rule and if the inmate is not in the process of visiting with others.

    (5)(4) The warden or duty warden shall ensure that the inmate is notified of the denial of his or her visitor’s admission and the reasons as soon as the inmate can be located. Comments regarding the incident shall be made on the AVR system.

    Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03,             .


    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: 12-14-12
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 12-19-12

     

Document Information

Comments Open:
1/3/2013
Summary:
The purpose of the proposed rule is to explain to staff, inmates, and visitors what constitutes a service animal, what types of searches can be conducted on a service animal, and what conduct is expected of a service animal.
Purpose:
The purpose of the proposed rule is to define what constitutes a service animal, to explain the check in procedures involved with a service animal, to explain what types of searches can be conducted on a service animal, to explain what conduct is expected of a service animal and to explain what conduct of a service animal can lead to the termination of a visit.
Rulemaking Authority:
944.09 FS
Law:
20.315, 944.09, 944.23, 944.47, 944.8031 FS
Contact:
LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.
Related Rules: (5)
33-601.713. Inmate Visiting - Definitions
33-601.723. Visiting Check-In Procedures
33-601.726. Visitor Searches
33-601.727. Visitor Conduct
33-601.729. Denial or Termination of Visits