The purpose and effect of the proposed rule is to eliminate language requiring certified officers to use only “fogger type” pepper spray, as streamlined spray poses fewer risks to nearby persons and is more effective in windy conditions.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-602.210: Use of Force
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to eliminate language requiring certified officers to use only “fogger type” pepper spray, as streamlined spray poses fewer risks to nearby persons and is more effective in windy conditions.
SUBJECT AREA TO BE ADDRESSED: Security Operations.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 776.07, 944.09, 944.35 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-602.210 Use of Force.

(1) through (15) No change.

(16) Use of Chemical Agents.

(a) through (k) No change.

(1) Issuance of chemical agents.

1. No change.

2. Certified officers assigned to major institutions and posted to internal security, recreation field, shift supervisor posts, or designated as “A” team response members are authorized by the Secretary to be issued one MK-9, or equivalent, fogger type dispenser of OC in addition to the dispenser issued in accordance with subparagraph (16)(l)1. These officers are authorized to administer the chemical agents listed in this subparagraph in spontaneous disturbance situations involving multiple inmates in locations where large numbers of inmates are present, such as recreation fields, canteen, and meal lines. This option shall only be utilized in disturbance situations rising to the level of inmate involvement where this enhanced option is deemed necessary and shall not be used indoors.

3. No change.

(m) through (q) No change.

(17) through (22) No change.

Specific Authority 944.09 FS. Law Implemented 776.07, 944.09, 944.35 FS. History–New 4-8-81, Amended 10-10-83, 9-28-85, Formerly 33-3.066, Amended 3-26-86, 11-21-86, 4-21-93, 7-26-93, 11-2-94, 2-12-97, 11-8-98, Formerly 33-3.0066, Amended 10-6-99, 2-7-00, 7-25-02, 8-25-03, 2-25-04, 11-7-04, 4-17-05, 8-1-05, 3-2-06, 9-18-06, 10-4-07, 3-3-08, 8-4-08, 1-6-09,_________.