The purpose and effect of the proposed rule is to renumber and update Forms DC2-808A, DC2-808B, and DC2-808C, to add hyperlinks to the forms, and to amend referencing rules to incorporate the changes to the forms.

 

DEPARTMENT OF CORRECTIONS

RULE NOS.: RULE TITLES:

33-602.803Criteria for Assignment to Staff Housing

33-602.805Staff Housing Agreement Form

33-602.807Staff Housing Inspections

33-602.809Termination of Staff Housing Assignment

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to renumber and update Forms DC2-808A, DC2-808B, and DC2-808C, to add hyperlinks to the forms, and to amend referencing rules to incorporate the changes to the forms.

SUMMARY: Rulemaking was initiated to renumber and update Forms DC2-808A, DC2-808B, and DC2-808C, to add hyperlinks to the forms, and to amend referencing rules to incorporate the changes to the forms.

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 the rule 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 Section 120.541(2)(a), F.S.

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, 944.10, 945.025 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: Paul Vazquez, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-602.803 Criteria for Assignment to Staff Housing.

The warden shall assign staff housing based upon the best interests of the institution and the following:

(1) No change.

(2) Mobile Home Spaces.

(a) No change.

(b) Employees or occupants of personally owned mobile homes must provide proof of ownership by title or registration. Compliance with this requirement shall be noted on Form DC6-2082A DC2-808A, Staff Housing Agreement. Form DC6-2082A DC2-808A is incorporated by reference in Rule 33-602.805, F.A.C.

(c) through (d) No change.

(3) through (5) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.10, 945.025 FS. History–New 9-1-88, Amended 9-5-89, Formerly 33-26.004, Amended 8-16-00, 4-8-02, 1-19-03, 3-30-05, 9-5-06, 4-20-10, Formerly 33-208.504, Amended_________.

 

33-602.805 Staff Housing Agreement Form.

(1) Any employee who is required or requests to occupy staff housing shall submit a completed Staff Housing Agreement, Form DC6-2082A DC2-808A, for processing in compliance with the assignment criteria in Rule 33-602.803, F.A.C., herein. Form DC6-2082A This form is hereby incorporated by reference., Copies of this form are available and a copy may be obtained from the Forms Control Administrator, Department of Corrections, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The effective date of this form is ________ October 29, 2008.

(2) through (3) No change.

Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.006, Amended 8-16-00, 4-8-02, 3-30-05, 10-29-08, Formerly 33-208.506, Amended_________.

 

33-602.807 Staff Housing Inspections.

(1) All staff housing shall be inspected by the warden and a representative of the service center at least once annually, but more often if needed. Inspection reports shall address the condition of the staff housing, the condition of the grounds, and the condition of state-owned equipment and furnishings. A copy of an inspection report shall be furnished to the occupant for correction of deficiencies. Form DC6-2082B DC2-808B, Residential Inspection for Staff Housing, shall be used for this purpose. Form DC6-2082B DC2-808B is hereby incorporated by reference Rule 33-602.807. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. Requests for forms to be mailed must be accompanied by a self-addressed stamped envelope. The effective date of this form is _______ August 16, 2000.

(2) through (3) No change.

Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Formerly 33-26.008, Amended 8-16-00, 1-19-03, Formerly 33-208.508, Amended_________.

 

33-602.809 Termination of Staff Housing Assignment.

(1) Expiration.

(a) through (b) No change.

(c) Written notice to or from an occupant regarding any of the personnel actions under subparagraph (1)(a)3., 4., or 5. above shall constitute notice of the expiration of the assignment to staff housing and the warden shall ensure that Form DC6-2082C DC2-808C, Termination of Staff Housing Agreement, is completed and submitted to the service center personnel office. Form DC6-2082C DC2-808C is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The effective date of this form is _______ April 8, 2002. Expiration shall be effective at the end of the last day of the occupant’s employment in the class series or at the institution.

(2) through (3) No change.

Rulemaking Authority 944.09(1) FS. Law Implemented 20.315, 944.09(1), 944.10, 945.025(1) FS. History–New 9-1-88, Amended 6-21-89, Formerly 33-26.010, Amended 8-16-00, 4-8-02, 1-19-03, 3-30-05, Formerly 33-208.510, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Assistant Secretary of Institutions

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael D. Crews, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 6, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 26, 2014