The purpose and effect of the proposed rule is to eliminate reference to “attempted conspiracy,” add reference to “solicitation” as prohibited conduct, and clarify that an inmate may not engage in or attempt to engage in a business or professional ...

DEPARTMENT OF CORRECTIONS

Rule No.: RULE TITLE
33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to eliminate reference to “attempted conspiracy,” add reference to “solicitation” as prohibited conduct, and clarify that an inmate may not engage in or attempt to engage in a business or professional relationship with a volunteer.
SUMMARY: The proposed rule eliminates reference to “attempted conspiracy,” adds reference to “solicitation” as prohibited conduct, and clarifies that an inmate may not engage in or attempt to engage in a business or professional relationship with a volunteer.
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, 944.14, 944.279, 944.28 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.

The following table shows established maximum penalties for the indicated offenses. As used in the table, “DC” means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.

SECTIONS 1 through 8 No change. SECTION 9 MISCELLANEOUS INFRACTIONS
9-1	Obscene or profane act, gesture, or statement oral, written, or signified		30 DC + 90 GT
9-2	Bribery or attempted bribery		30 DC + 90 GT
9-3	Breaking and entering or attempted breaking		30 DC + 90 GT
9-4	Attempt, conspiracy, or solicitation attempted conspiracy to commit any crime or violation of the Rules of Prohibited Conduct		30 DC + 90 GT
9-5	Theft of property under $50.00 in value		30 DC + 60 GT
9-6	Bartering with others		15 DC + 30 GT
9-7	Sex acts or unauthorized physical contact involving inmates		30 DC + 90 GT
9-9	Tattooing, being tattooed, branding or body art to include body piercing.		30 DC + 60 GT
9-10	Lying to staff member or others in official capacity, or falsifying records		60 DC + All GT
9-11	Feigning illness or malingering as determined by a physician or medical authority		10 DC + 15 GT
9-12	Gambling or possession of gambling paraphernalia		10 DC + 15 GT
9-13	Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task		10 DC + 15 GT
9-14	Mail regulation violations		30 DC + 30 GT
9-15	Visiting regulation violations		30 DC + 30 GT
9-16	Refusing to work or participate in mandatory programs		60 DC + 90 GT
9-17	Disorderly conduct		30 DC + 60 GT
9-18	Unauthorized physical contact involving non-inmates		60 DC + 90 GT
9-19	Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer		60 DC + All GT
9-20	Extortion or attempted extortion		60 DC + 60 GT
9-21	Fraud or attempted fraud		30 DC + 90 GT
9-22	Robbery or attempted robbery		60 DC + All GT
9-23	Theft of property exceeding $50 in value		60 DC + All GT
9-24	Loaning or borrowing money or other valuables		15 DC + 30 GT
9-25	Telephone regulation violations		30 DC + 30 GT
9-26	Refusing to submit to substance abuse testing		60 DC + 180 GT
9-27	Use of unauthorized drugs as evidenced by positive results from urinalysis test, or observable behavior		60 DC + 180 GT
9-28	Canteen Shortage under $50.00		30 DC + 60 GT
9-29	Canteen Shortage over $50.00		60 DC + All GT
9-31	Use of Alcohol as evidenced by positive results from authorized tests, or by observable behavior		30 DC + 90 GT
9-32	In accordance with Section 944.279(1), F.S., is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding or appeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court.		60 DC + All GT
9-33	Tampering with, defeating or depriving staff of any security device. Security devices include: locks; locking devices; electronic detection systems; personal body alarm transmitters and receivers; handheld radios; restraint devices such as handcuffs, waist chains, leg irons and handcuff covers; keys; video and audio monitoring and recording devices; security lighting; weapons; and any other device utilized to ensure the security of the institution.		60 DC + All GT
9-34	Tampering with or defeating any fire or other safety device. Safety devices include: fire, smoke, and carbon dioxide detection devices; alarm systems; fire suppression systems and devices such as fire sprinklers, fire extinguishers, and dry chemical systems; safety and emergency lighting; exit lights; evacuation route and warning placards; self-contained breathing apparatuses; personal protective equipment; first aid kits; eye wash stations; and any other device utilized to ensure the safety of the institution, staff and inmates.		60 DC + All GT
9-35	Establishes or attempts to establish a personal or business relationship with any staff member or volunteer.		60 DC + 180 GT
9-36	Gang related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation		30 DC + 60 GT
9-37	Unauthorized use of or tampering with a computer, computer peripheral device, or any other office equipment. Other office equipment includes copying machines, facsimile machines, postage meters, or any other device utilized in an office or office-like environment.		60 DC + All GT

SECTIONS 10 through 11 No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08, 11-9-08, 5-11-09, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Deputy Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 9, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 24, 2010