The purpose and effect of the proposed rulemaking is to amend inmate uniforms to enable inmates to be issued and wear closed-cell resin shoes, i.e. Croc-style, as a replacement for worn-out canvas shoes.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-602.101: Care of Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to amend inmate uniforms to enable inmates to be issued and wear closed-cell resin shoes, i.e. Croc-style, as a replacement for worn-out canvas shoes.
SUMMARY: The rule on inmate uniform requirements is amended to permit inmates to be issued and wear closed-cell resin, i.e. Croc-style, shoes.
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, 945.215 FS.
LAW IMPLEMENTED: 944.09, 945.215 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 S. Calhoun Street, Tallahassee, Florida 32399.

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.101 Care of Inmates.

(1) No change.

(2) Inmates shall at all times wear the regulation clothing and identification card in accordance with Department rules, procedures, and institution policy.

(a) Class Uniforms will be as follows:

1. The male Class A uniform shall require the following:

a. through g. No change.

h. Footwear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear). Authorized athletic shoes may not, however, be worn for visitation.

2. The female Class A uniform shall require the following:

a. through d. No change.

e. Footwear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear). Authorized athletic shoes may not, however, be worn for visitation.

3. The Class B uniform shall be the same as the Class A uniform with the following modifications:

a. State issued outer shirt is not required,

b. Footwear (includes authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear).

4. The Class C uniform shall require the following:

a. through d. No change.

e. Foot wear (including authorized athletic shoes, state issued canvas or closed-cell resin shoes, work boots, or approved medically necessary footwear).

5. through (12) No change.

Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.09, 945.215 FS. History–New 10-8-76, Amended 4-19-79, 4-24-80, 10-14-84, 1-9-85, Formerly 33-3.02, Amended 11-3-87, 10-6-88, 7-23-89, 8-27-91, 3-30-94, 11-13-95, 6-2-99, Formerly 33-3.002, Amended 11-21-00, 1-25-01, 1-19-03, 9-23-03, 3-5-06, 10-23-06, 1-18-07, 5-13-08, 6-22-10, 5-24-11, 2-6-12,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Director, Office of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth S. Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 9, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 24, 2012