The purpose and effect of the proposed rule is to implement Section 948.6038, Florida Statutes, which requires the Department of Corrections to charge inmates and place liens on inmate accounts for the cost of postage for mail to courts, attorneys, ...

 

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-210.102: Legal Documents and Legal Mail
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to implement Section 948.6038, Florida Statutes, which requires the Department of Corrections to charge inmates and place liens on inmate accounts for the cost of postage for mail to courts, attorneys, parties to a lawsuit, and other persons required to be served.
SUMMARY: The proposed rule implements Section 948.6038, Florida Statutes, which requires the Department of Corrections to charge inmates and place liens on inmate accounts for the cost of postage for mail to courts, attorneys, parties to a lawsuit, and other persons required to be served.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 20.315, 944.09, 944.11, 945.6038 FS.
LAW IMPLEMENTED: 944.09, 944.11, 945.6038 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, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-210.102 Legal Documents and Legal Mail.

(1) through (9) No change.

(10)(a) The institution shall furnish postage for mail to courts and attorneys and for pleadings to be served upon each of the parties to a lawsuit for those inmates who have insufficient funds to cover the cost of mailing the documents at the time the mail is submitted to the mailroom, but not to exceed payment for the original and two copies except when additional copies are legally required. The inmate shall be responsible for proving that copies in addition to the routine maximum are legally necessary. Submission of unstamped legal mail to the mailroom or mail collection representative by an inmate without sufficient funds shall be deemed to constitute the inmate’s request for the institution to provide postage and place a lien on the inmate’s account to recover the postage costs when the inmate receives funds.

(b) At the time that postage is provided to an inmate for this purpose, the Bureau of Finance and Accounting, Inmate Trust Fund Section, shall place a hold on the inmate’s account for the cost of the postage. The cost of providing the postage shall be collected from any existing balance in the inmate’s trust fund account. If the account balance is insufficient to cover the cost, the account shall be reduced to zero. If costs remain unpaid, a hold will be placed on the inmate’s account, subject to priorities of other liens, and all subsequent deposits to the account will be applied against the unpaid costs until the debt has been paid.

(11) through (16) No change.

Specific Authority 20.315, 944.09, 944.11, 945.6038 FS. Law Implemented 944.09, 944.11, 945.6038 FS. History–New 10-8-76, Amended 4-19-79, 7-2-81, 6-8-82, 9-23-85, Formerly 33-3.05, Amended 10-7-86, 8-20-89, 4-4-91, 9-1-93, 4-28-96, 2-12-97, 5-25-97, 10-7-97, 12-7-97, 2-15-98, Formerly 33-3.005, Amended 12-20-99, Formerly 33-602.402, Amended 5-5-02, 12-4-02, 5-11-03, 8-25-03, 9-20-04,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 24, 2007