The purpose of the proposed rule is to define what constitutes a service animal, to explain the check in procedures involved with the a service animal, to explain what types of searches can be conducted on a service animal, to explain what conduct ...

 

DEPARTMENT OF CORRECTIONS

RULE NOS.:RULE TITLES:
33-601.713Inmate Visiting - Definitions
33-601.723Visiting Check-In Procedures
33-601.726Visitor Searches
33-601.727Visitor Conduct
33-601.729Denial or Termination of Visits
PURPOSE AND EFFECT: The purpose of the proposed rule is to define what constitutes a service animal, to explain the check in procedures involved with the a service animal, to explain what types of searches can be conducted on a service animal, to explain what conduct is expected of a service animal and to explain what conduct of a service animal can lead to the termination of a visit.
SUBJECT AREA TO BE ADDRESSED: Visitation
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23, 944.47, 944.8031 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 REGISTER.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: LaDawna Fleckenstein, 501 S. Calhoun Street, Tallahassee, Florida 32399.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.713 Inmate Visiting – Definitions.

(1) through (16) No change.

(17) “Service Animal” refers to a dog that is individually trained to do work or perform tasks for a person with disabilities. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of the definition of a service animal.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11, 9-24-12,                  .

 

33-601.723 Visiting Check-In Procedures.

(1) through (6) No change.

(7) A visitor is allowed to bring a service animal, as defined in Rule 33-601.713, F.A.C., into institutional visiting parks under the Americans with Disabilities Act (ADA). Under the ADA, a service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls.

(a) When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions:

1. “Is the dog a service animal required because of a disability?”;and

2. “What work or task has the dog been trained to perform?

(b) Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

(c) Allergies and fear of dogs are not valid reasons for denying access to people using service animals. When a staff member or other visitor who is allergic to dog dander and a person who uses a service animal must spend time in the visiting park, they both should be accommodated by assigning them, if possible, to different locations within the visiting park.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-17-06, 6-28-12,              .

 

33-601.726 Visitor Searches.

(1) No change.

(2) Authorized visitor searches include:

(a) through (j) No change.

(k) A careful inspection of the harness, leash, or tether of a service animal, as defined in Rule 33-601.713, F.A.C., including the removal thereof for closer inspection if necessitated by institutional security concerns.

(3) through (5) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 1-25-05, 1-4-12, 6-28-12,           .

 

33-601.727 Visitor Conduct.

(1) through (2) No change.

(3) Those visitors with an authorized service animal, as defined in rule 33-601.713, F.A.C., must ensure that their animal conforms with acceptable behavior. A service animal, must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls. A visitor is responsible for any and all damage caused by himself or the service animal. Department staff are not required to provide care or food for a service animal.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-29-07,            .

 

33-601.729 Denial or Termination of Visits.

(1) A warden or duty warden shall be authorized to deny or terminate a visit for the following reasons:

(a) through (m) No change.

(n) A service animal violates visitor conduct standards in Rule 33-601.727, F.A.C. A visitor with a disability cannot be asked to remove his service animal from the premises unless:

1. the dog is out of control and the visitor does not take effective action to control it; or

2. the dog is not housebroken.

(2) No change.

(3) Before considering denial or removal of a service animal under section (1) (n) above, the warden or duty warden must offer the visitor with a disability the opportunity to continue the visit without the animal’s presence.

(4)(3) Reconsideration for Visitation. A visitor initially denied permission to visit for reasons other than for possession or attempted introduction of contraband and who corrects the problem causing the denial shall be granted visiting if not otherwise precluded by rule and if the inmate is not in the process of visiting with others.

(5)(4) The warden or duty warden shall ensure that the inmate is notified of the denial of his or her visitor’s admission and the reasons as soon as the inmate can be located. Comments regarding the incident shall be made on the AVR system.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03,             .