The purpose and effect of the proposed rule is to allow certain employees to carry a handgun onto institutional grounds in their personal vehicles provided that certain conditions regarding the vehicle and storing of the handgun are met. The rule ...

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:
33-602.203Control of Contraband
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to allow certain employees to carry a handgun onto institutional grounds in their personal vehicles provided that certain conditions regarding the vehicle and storing of the handgun are met. The rule also allows members of institutional pistol teams to remove their handguns from their vehicles under certain circumstances.
SUBJECT AREA TO BE ADDRESSED: Control of Contraband.
RULEMAKING AUTHORITY: 944.09, 945.215 FS.
LAW IMPLEMENTED: 944.47, 945.215 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 South Calhoun Street, Tallahassee, Florida 32399

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-602.203 Control of Contraband.

(1) through (2) No change.

(3) No person, whether he be an inmate or other person, unless authorized by the warden, assistant warden, chief of security or the shift supervisor, shall introduce into or upon the grounds of an institution any of the following articles which are hereby declared to be contraband:

(a) through (b) No change.

(c) Any firearm, ammunition, explosive substance, or any instrumentality customarily used or designed to be used as a dangerous weapon, as defined in Section 790.001, F.S., with the following exceptions:

1. Staff who meet the conditions below are permitted to carry (1) handgun to and from work in their personal vehicle under the specific requirements outlined below:

a. All current correctional class employees covered by the Security Services Bargaining Unit.

b. Any employee with a current/valid concealed weapons license issued by the State of Florida.

c. Any employee with correctional officer, law enforcement officer, or correctional probation officer certification not covered by the Security Services Bargaining Unit.

2. Specific requirements: 

a. Employees with a valid/current concealed weapons license issued by the State of Florida must provide it to the Warden or Office of Inspector General’s Staff upon request.

b. Employees with correctional officer, law enforcement officer, or correctional probation officer certification not covered by the Security Services Bargaining Unit, must have proof of certification and be prepared to show it to the Warden or  Office of Inspector General’s staff upon request and a copy of the proof of certification should remain with the handgun .

c. Only are permitted under this rule, long arms, rifles, shotguns, bow and arrows, or any other type of weapon is not permitted.

d. The handgun must be stored in a lock-box, specifically designed to securely lock and hold a handgun.

e. Empty ammo boxes, metal coin boxes, or securing the handgun in the glove compartment or console is not permissible.

f. Only one (1) handgun/lock-box per vehicle is permitted.

g. All doors and windows must lock if the lock-box is kept in the passenger compartment of the vehicle.

h. If a person can access the passenger compartment of the vehicle from the trunk, the trunk must be locked.

i. Lock-boxes containing handguns will not be placed in toolboxes or other similar storage devices affixed to or located in the truck bed.

j. If the vehicle is a convertible, the lock-box must be stored in the trunk.

k. If the vehicle is a Jeep (or similar soft top, no top, and/or no trunk type of vehicle), then a handgun cannot be carried onto state property.

l. Extra ammunition is not permitted - only the amount needed to fill the handgun to capacity is permitted.

m. Ammunition must be stored in the lock-box with the handgun.

n. Handguns will not be removed from a vehicle while on state property except by those members of institutional pistol teams who use their own personal handguns.

i.              Institutional pistol teams will utilize personal handguns as authorized in this section only for authorized activities.

ii.              Handguns and ammunition will only be removed from lock-boxes at the firing range.

(d) through (f) No change.

(4) through (9) No change.

Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.47, 945.215 FS. History–New 10-8-76, Amended 2-24-81, 4-18-82, 8-13-84, 2-13-85, 6-2-85, Formerly 33-3.06, Amended 2-9-87, 11-3-87, 8-14-90, 11-21-91, 1-6-94, 5-28-96, 10-26-97, Formerly 33-3.006, Amended 3-2-00, 7-8-03, 11-10-03, 6-28-07, 11-28-11, 12-5-12, _______.