The purpose and effect of the proposed rule is to amend Rule 33-601.314, F.A.C. to clarify disciplinary charge [9-9].

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend Rule 33-601.314, F.A.C. to clarify disciplinary charge [9-9].
SUMMARY: The proposed rule amends Rule 33-601.314, F.A.C. to clarify disciplinary charge [9-9], by removing “scarring or other non-life threatening acts” and adding “branding” to the prohibited conduct in that paragraph.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.

The following table shows established maximum penalties for the indicated offenses. As used in the table, “DC” means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.

Sections 1 through 8 No change.

			Maximum Disciplinary Actions
	SECTION 9  MISCELLANEOUS INFRACTIONS
Sections 9-1 through 9-7 No change.
	9-9	Tattooing, being tattooed, branding or body art to include body piercing., scarring or other non-life threatening acts	30 DC + 60 GT

 

Sections 9-10 through 9-36 No change.

Sections 10 through 11 No change.

Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Dean Aufderheide, Director, Mental Health Services
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Laura E. Bedard, Ph.D., Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 4, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 15, 2008