Rule amendment is necessary due to contracting with a new vendor. The proposed amendment unincorporates Form DC2-364 and NI1-118 and adds instructions for submitting court-ordered payments through the new vendor.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-302.110Reporting Requirements

PURPOSE AND EFFECT: Rule amendment is necessary due to contracting with a new vendor. The proposed amendment unincorporates Form DC2-364 and NI1-118 and adds instructions for submitting court-ordered payments through the new vendor.

SUMMARY: The proposed amendment unincorporates Form DC2-364 and NI1-118 and adds instructions for submitting court-ordered payments through the new vendor.

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: The Department used an itemized checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory cost associated with this rule that exceeds the criteria. Upon review of the proposed changes to the rule, 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), 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, F.S.

LAW IMPLEMENTED: 944.09, 945.31, 948.03, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lauren Sanchez, Paralegal Specialist, 501 S. Calhoun Street, Tallahassee, FL 32399 [phone], [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Office of the General Counsel, Attn. FDC Rule Correspondence, 501 South Calhoun Street, Tallahassee, Florida 32399, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-302.110 Reporting Requirements.

(1) through (4) No change.

(5) Offenders who are required by supervision order to make payments must do so through the contracted vendor. Payments may be submitted online; by telephone, walk-up, or kiosk; or by mailing money orders, cashier’s checks, or certified bank drafts only (no cash or personal checks). Money orders, cashier’s checks, and certified bank drafts must be made payable to the contracted vendor and will be deposited into the Court Ordered Payments Trust Fund. The offender or sender must legibly complete all fields on the vendor-supplied money order deposit form including the date and amount sent; the money order, cashier’s check, or certified bank draft number; the offender’s full name and DC number, and the offender or sender’s full name, mailing address, and telephone number.  Money order deposit forms may be obtained from the contracted vendor; any probation office; or the Bureau of Finance and Accounting, Court Ordered Payments Section, Centerville Station, P.O. Box 12300, Tallahassee, Florida 32317-2300. The completed money order deposit form must be mailed to the vendor along with the money order, cashier’s check, or certified bank draft at the address provided on the form. do so by using one of the methods described on NI1-118, Instructions for Payment. Form N11-118, is hereby incorporated by reference. Copies of this form may be obtained from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-08629. The effective date of this form is 8/17. The payment instruction information can also be accessed at www.dc.state.fl.us under the How Do I section entitled Pay Court Ordered Payments. If an offender chooses to make payment via the United States Postal Service, the offender must complete Form DC2-364, Money Order Deposit Form for Restitution & Court-Ordered Payments. The offender must send the completed form pursuant to the instructions provided on Form DC2-364. Form DC2-364 is hereby incorporated by reference. Copies of this form may be obtained from the Forms Control Administrator, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-08629, or the offender’s Correctional Probation Officer. The effective date of this form is 8/17.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 945.31, 948.03 FS. History–New 8-1-01, Amended 11-4-04, 3-24-13, 7-1-13, 2-10-14, 9-14-17, 6-29-23, ___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Joseph Winkler, Assistant Secretary of Community Corrections

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ricky D. Dixon, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 5/30/2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 4/18/2024