The purpose and effect of the rule amendment is to implement Section 948.09, Florida Statutes, by creating a rule that allows an offender a reduction in the cost of supervision by paying the entire remaining balance in one payment prior to the end ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:
33-302.109Offender Orientation
PURPOSE AND EFFECT: The purpose and effect of the rule amendment is to implement Section 948.09, Florida Statutes, by creating a rule that allows an offender a reduction in the cost of supervision by paying the entire remaining balance in one payment prior to the end of the offender’s supervision.
SUMMARY: The rule amendment will allow offenders a reduction in the cost of supervision by paying the entire remaining balance in one payment prior to the end of that offender’s supervision.
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, 948.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 948.09 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:

 

33-302.109 Offender Orientation.

(1) through (3) No change.

(4) Option for Prepayment of Cost of Supervision - Once an offender has satisified all other monetary obligations imposed by the court or Florida Parole Commission, including restitution, court costs, public defender application fee, etc., the offender may receive a 25% reduction in cost of supervision by paying the entire remaining balance in one payment, including the 4% surcharge. This prepayment option must occur prior to the last 90 days of the supervision period.

Rulemaking Authority 944.09, 948.09 FS. Law Implemented 20.315, 944.09, 948.09 FS., 45 CFR Part 160, 164. History–New 7-19-01, Amended 9-15-02, 7-30-03, 1-6-04, 1-11-05,                 .

NAME OF PERSON ORIGINATING PROPOSED RULE: Jenny Nimer, Assistant Secretary, Office of Community Corrections

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2012