The purpose and effect of the proposed rule is to have drugs that are not currently addressed in the rule included as contraband items.  

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    DEPARTMENT OF CORRECTIONS

    RULE NO.: RULE TITLE:
    33-602.203: Control of Contraband
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to have drugs that are not currently addressed in the rule included as contraband items.
    SUMMARY: The amendment is to include substances as drugs that are not currently addressed in the rule.
    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 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, 945.215 FS.
    LAW IMPLEMENTED: 944.47, 945.215 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:

    33-602.203 Control of Contraband.

    (1) through (2) No change.

    (3) No person, whether he be an inmate or other person, unless authorized by the warden, assistant warden, chief of security or the shift supervisor, shall introduce into or upon the grounds of an institution any of the following articles which are hereby declared to be contraband:

    (a) No change.

    (b) Any unauthorized drugs, which includes, but is not limited to narcotics narcotic, depressants, stimulants, aromatic stimulants, hallucinogens, cannabis, and any other type of intoxicant (excluding intoxicating beverages), or drug paraphernalia or hypnotic or excitative drug or substance prohibited by law.

    (c) through (f) No change.

    (4) through (9) No change.

    Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.47, 945.215 FS. History–New 10-8-76, Amended 2-24-81, 4-18-82, 8-13-84, 2-13-85, 6-2-85, Formerly 33-3.06, Amended 2-9-87, 11-3-87, 8-14-90, 11-21-91, 1-6-94, 5-28-96, 10-26-97, Formerly 33-3.006, Amended 3-2-00, 7-8-03, 11-10-03, 6-28-07, 11-28-11,                       .


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

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 25, 2012
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 1, 2012

     

Document Information

Comments Open:
10/15/2012
Summary:
The amendment is to include substances as drugs that are not currently addressed in the rule.
Purpose:
The purpose and effect of the proposed rule is to have drugs that are not currently addressed in the rule included as contraband items.
Rulemaking Authority:
944.09, 945.215 FS
Law:
944.47, 945.215 FS
Contact:
LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.
Related Rules: (1)
33-602.203. Control of Contraband