The purpose and effect of the proposed rule is to amend the rule to provide that inmates shall be charged for copying services related to civil or administrative legal actions. The cost of providing the copies shall be collected from any existing ...

DEPARTMENT OF CORRECTIONS
Departmental

RULE NO: RULE TITLE
33-501.302: Copying Services for Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to provide that inmates shall be charged for copying services related to civil or administrative legal actions. The cost of providing the copies shall be collected from any existing balance in the inmate’s bank trust fund account and a hold will be placed on the inmate’s account for unpaid costs until the debt has been paid.
SUBJECT AREA TO BE ADDRESSED: Copying services for inmates.
SPECIFIC AUTHORITY: 944.09, 945.6038 FS.
LAW IMPLEMENTED: 20.315, 945.6038 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Dorothy M. Ridgway, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-501.302 Copying Services for Inmates.

(1) All institutions and facilities shall provide photographic copying services to inmates submitting legal documents and accompanying evidentiary materials to judicial or courts and administrative forums bodies. No provision of this section shall be implemented in such a way as to conflict with any administrative order, administrative rule, judicial rule or judicial order of court.

(2) Definitions.

(a) Accompanying evidentiary material: refers to a document, record, or other paper object attached to a judicial or agency form or pleading as supporting evidence.

(b) Civil proceeding: refers to any proceeding, except that which is referenced in paragraph (2)(c), brought in a judicial or administrative forum to secure a private or civil right or remedy.

(c) Criminal proceeding: refers to a proceeding brought in a judicial or administrative forum to challenge a felony or misdemeanor conviction or sentence, a departmental disciplinary report, a forfeiture of gain time, a parole or conditional release date established by the Florida Parole Commission, or revocation of parole or conditional release. It also includes a proceeding brought to obtain executive clemency.

(d) Judicial or administrative forum: refers to a municipal, county, state, or federal court, a governmental agency, the Florida Division of Administrative Hearings, or any other body or organization that is authorized by law, court order, or agency action to adjudicate a party’s legal rights.

(e) Law library supervisor: refers to a library program specialist, librarian specialist, library technical assistant, and, whenever these positions are vacant, any other employee that the warden or designee appoints to oversee operation of the institution’s law library program.

(f) Legal or administrative action: refers to an action brought before a municipal, county, state, or federal court, or an action brought before a governmental body to obtain or challenge a ruling, order, or decision of the governmental body. It also includes an action filed in the Division of Administrative Hearings or any other forum that is authorized by law, court order, or agency action to adjudicate a party’s legal rights.

(3)(2) Documents will be copied only if they are necessary to initiate a legal or administrative action or if they must be filed or served in a pending legal or administrative action. Except as otherwise provided in this rule, the number of copies made shall be the number required to be filed and served according to the rules of the judicial court or administrative forum body, or required per order of the judicial court or administrative forum body, plus one copy for the inmate to keep if the original is filed or served.

(a) No change.

(b) Title 42, United States Code, Section 1983, civil rights complaints filed into federal district courts.

1. Inmates shall be provided a copy for the inmate if the original must be filed with the judicial forum court, and one copy for each named defendant if the complaint names five or fewer defendants.

2. If more than five defendants are named in the complaint, the inmate shall only be made one file copy to keep if the original complaint must be filed with the judicial forum court. No copies shall be made to serve defendants until the inmate presents a judicial court order indicating that the complaint is not being dismissed pursuant to Title 28, United States Code, Section 1915 or Section 57.085 F.S., and directs that specific defendants must be served with a copy. The law library supervisor shall then make the inmate the number of copies needed to serve all the defendants.

(c) Cases, statutes, and other reference materials are not evidentiary materials and will not be copied to accompany legal documents unless the inmate is required to provide such copies by law, administrative rule, administrative order, judicial court rule, or judicial court order.

(d) Requests for records made during the course of discovery. Inmates shall produce an order from a judicial or administrative forum, or pleading from opposing litigants or opposing counsel, requiring the production of records prior to copying. Only the specific records requested shall be copied and only one copy of the records shall be provided unless a judicial or administrative forum orders otherwise. If the discovery request relates to a civil proceeding, the inmate shall be charged for the copies as provided in this section. Inmate requests for access to records of the department shall be handled in accordance with Rule 33-601.901, F.A.C. Documents will not be provided in response to a public records request from an inmate unless the inmate has a sufficient balance in his account, unencumbered by liens, to cover the cost of the copying.

(4)(3) Inmate requests for copying services shall be submitted on Form DC5-154, Copying Service Request and Withdrawal. Form DC5-154 and the documents to be copied shall be submitted for approval to the lLaw lLibrary sSupervisor, or other staff the warden designates to approve copying service requests, for approval. The law library supervisor or other approving staff may inspect an inmate’s documents to ensure that the material to be copied is of a legal or administrative nature and is in accordance with the reason the inmate provided for needing the copies; however, the law library supervisor or other approving staff shall not read the documents. Form DC5-154 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is ______4-29-04.

(5) Copying services in criminal proceedings. Inmates shall not be charged for copies of legal pleadings and accompanying evidentiary materials made for submission in criminal proceedings. The law library supervisor shall not forward completed DC5-154 forms to the Bureau of Finance and Accounting, Inmate Trust Fund Section.

(6)(4) Copying services in civil proceedings.

(a) Inmates will be charged $0.15 per page for standard legal or letter size copies., or Iif special equipment or paper is required, the institution is authorized to charge up to the estimated actual cost of duplication to the institution of making the copies. Only one-sided copies will be made; two-sided copies will not be made for inmates.

(b) The law library supervisor shall forward approved and completed DC5-154 forms to the Bureau of Finance and Accounting, Inmate Trust Fund Section, on at least a weekly basis.

(c)(5) Filing or Service in Actions Challenging Convictions, Sentences, or Prison Conditions. Inmates who are without funds shall not be denied copying services for documents and accompanying evidentiary materials needed to initiate a civil proceeding legal or administrative action or which must be filed or served in a pending civil proceeding action that challenges convictions and sentences or prison conditions, or are required to be filed or served per order of a judicial the court or administrative forum body. However, the cost of providing copies for documents to be filed or served is a debt owed by the inmate that shall be collected as follows: Upon receipt of a completed DC5-154 At the time the inmate submits his request for copies, the Inmate Trust Fund Section department shall place a hold on the inmate’s account for the estimated cost of providing the copies. The cost of providing the copies shall be collected from any existing balance in the inmate’s bank 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 and all subsequent deposits to the inmate’s account will be applied against the unpaid costs until the debt has been paid. Copies shall be provided at a rate of $0.15 per page.

(6) Unless they have sufficient funds in their inmate trust account to cover the complete cost of making the copies, inmates shall not be provided copying services for:

(a) Legal or administrative proceedings that do not relate to a challenge of convictions or sentences, or to challenges of prison conditions.

(b) Records requests pursuant to Rule 33-601.901, F.A.C.

(c) Requests for records made during the course of discovery.

(7) Inmate requests for access to records of the department shall be handled in accordance with Rule 33-601.901, F.A.C. Documents will not be provided in response to a public records request from an inmate unless the inmate has a sufficient balance in his account, unencumbered by liens, to cover the cost of the copying.

(8)(7) The law library supervisor or other approving staff may require an inmate for whom copies are to be made to seal the copies, except for his file copy, in envelopes and mail them immediately. This requirement, if imposed, shall be explained to the inmate before copies are made. Before the envelopes are sealed and mailed, the librarian or mail collection representative shall stamp the document(s) to be mailed and the inmate’s copy, if provided by the inmate, “Provided to (name of institution) on (blank to insert date) for mailing.” The mail collection representative shall then have the inmate initial the document(s) next to the stamp.

Specific Authority 20.315, 944.09, 945.6038 FS. Law Implemented 20.315, 945.6038 944.09 FS. History–New 10-6-83, Formerly 33-3.051, Amended 6-13-88, 8-20-89, 2-12-91, 4-10-94, 4-21-96, 6-29-98, Formerly 33-3.0051, 33-602.405, Amended 4-29-04,_________.