The purpose and effect of the proposed rulemaking is to remove tobacco and tobacco-related products from the list of permissible items and to add a photo identification card and a notarized authorization to the list.  


  • RULE NO.: RULE TITLE:
    33-601.725: Permissible Items for Visitors
    PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to remove tobacco and tobacco-related products from the list of permissible items and to add a photo identification card and a notarized authorization to the list.
    SUMMARY: The proposed rule eliminates reference to tobacco and tobacco products as permissible items for visitors and clarifies that visitors may possess one photo identification card and a notarized authorization to supervise a minor (where applicable).
    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.
    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 FS.
    LAW IMPLEMENTED: 944.09, 944.23, 944.47, 944.8031 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-601.725 Permissible Items for Visitors.

    (1) Visitors shall be allowed to bring only authorized items listed into any department facility. Entry shall be denied if the visitor attempts to enter the institution or facility while possessing any unauthorized item or any authorized item in more than the approved amounts. Authorized items shall be removed by the visitor at the end of the visit. Authorized items include:

    (a) One unopened pack of cigarettes or cigars and one lighter (bic-type lighters and matches are prohibited); however, smoking materials are not permitted if a designated outside smoking area is not available.

    (b) One unopened, sealed package or can of smokeless tobacco, to include chewing tobacco and moist or powdered snuff.

    (c) through (d) renumbered (a) through (b) No change.

    (c) One (1) photographic identification card.

    (d)(e) Prescription medications. The department reserves the right to prohibit individuals from bringing any medication into the facility that may pose a threat to the inmate population or institutional security. Visitor requiring medical injections must leave such items secured in their vehicles and will be allowed to depart the visiting area if an injection is required. Reentry into the visiting area shall be allowed in accordance with Rule 33-601.723 subsection 33-601.723(6), F.A.C. The visitor shall not be allowed to bring needles or syringes into any department facility or dispose of them on the grounds of any department institution or facility under any circumstances.

    1. through 3. No change.

    (f) through (g) renumbered (e) through (f) No change.

    (g) If the visitor is an authorized adult as defined in Rule 33-601.713, F.A.C., one (1) copy of a notarized authorization to supervise a minor.

    (h) through (2) No change.

    Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 7-1-03, 12-30-03, 11-25-04, 3-29-07, 10-8-07,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Timothy Cannon, Assistant Secretary of Institutions
    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 5, 2011
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 30, 2011

Document Information

Comments Open:
2/10/2012
Summary:
The proposed rule eliminates reference to tobacco and tobacco products as permissible items for visitors and clarifies that visitors may possess one photo identification card and a notarized authorization to supervise a minor (where applicable).
Purpose:
The purpose and effect of the proposed rulemaking is to remove tobacco and tobacco-related products from the list of permissible items and to add a photo identification card and a notarized authorization to the list.
Rulemaking Authority:
944.09 FS.
Law:
944.09, 944.23, 944.47, 944.8031 FS.
Contact:
Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
Related Rules: (1)
33-601.725. Permissible Items for Visitors