Rule amendment is necessary to reflect procedural changes regarding the persons or bureaus responsible for preparing and certifying the special management meal and to add incorporating language to the footer of Form DC6-218.....

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-602.223Special Management Meal

PURPOSE AND EFFECT: Rule amendment is necessary to reflect procedural changes regarding the persons or bureaus responsible for preparing and certifying the special management meal and to add incorporating language to the footer of Form DC6-218.

SUMMARY: The proposed amendment reflects procedural changes regarding the persons or bureaus responsible for preparing and certifying the special management meal and adds incorporating language to the footer of Form DC6-218.

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: 20.315, 944.09, F.S.

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: 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:

 

33-602.223 Special Management Meal.

(1) No change.

(2) Requirements for Utilization of Special Management Meal.

(a) through (e) No change.

(f) The special management meal is authorized for use at all institutions. The Bureau of Contract Management and Monitoring Food Services shall provide orientation in the preparation and service of the special management meal. The Director of Institutional Operations and Intelligence Security and Institutional Support Services, based on documentation from the Bureau of Contract Management and Monitoring administrator of the food services section, shall certify to the Assistant Deputy Secretary of Institutions, the warden, and the contractor food service director the successful completion of special management meal preparation and service training. Certification is required before the institution is authorized to use utilize the special management meal. The special management meal will then be authorized for use on a case-by-case basis at those institutions as provided in this rule.

(3) No change.

(4) Placement on the Special Management Meal.

(a) When any employee observes inmate behavior the employee that he believes meets the criteria for application of the special management meal, the employee shall prepare Form DC6-218, Special Management Meal Report, and forward the report to the chief of security for review. Form DC6-218, Special Management Meal Report, is hereby incorporated by reference. A copy of this form may be obtained from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref XXXXX. The effective date of this form is XX/XX August 1, 2000.

(b) If the chief of security determines that the behavior cannot be corrected through routine counseling or by established disciplinary procedures, a discussion shall take place at the inmate’s cell between the inmate, the officer in charge, and the reporting officer, if needed. The officer in charge shall complete the discussion section of the Special Management Meal Report report. The Special Management Meal Report shall document the reasons for recommending the special management meal and shall include a summary of the inmate’s comments or objections. When an inmate has been recommended for placement on the special management meal, the chief health officer or his or her designee shall indicate on the Special Management Meal Report whether there is any medical reason that would prohibit placing the inmate on special management meal status. When there is a medical problem, the chief health officer or his or her designee shall determine whether the inmate can be placed on the special management meal or whether an alternative special meal can be prescribed. No inmate shall be placed on special management meal status without medical concurrence. The chief of security shall then forward the report to the warden for approval.

(c) No change.

(5) No change.

(6) The chief of security and a designated clinical health care person shall visit each inmate on special management meal status daily on a daily basis, except in case of riot or other institutional emergency. The shift supervisor shall act as the chief of security’s designee and shall conduct the daily visit in the chief’s absence. The purpose of the daily visit is to follow the inmate’s progress while on the special management meal and to determine when the inmate should be removed from the special management meal status.

(7) An inmate may be removed from special management meal status at any time based on:

(a) No change.

(b) Medical reasons as determined by the chief health officer or his or her designee.

(8) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS. History–New 1-12-88, Amended 3-4-92, 5-27-97, 11-25-98, Formerly 33-3.0085, Amended 8-1-00, 1-2-02, 11-3-03, 2-18-04, 12-10-09, 6-30-13, _________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Hope Gartman, Assistant Deputy Secretary of Institutions

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 09, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 21, 2024