The purpose and effect of the proposed rule is to clarify that an approved parent, legal guardian or authorized adult must be present at all times during a visitor search conducted on a minor.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.726: Visitor Searches
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that an approved parent, legal guardian or authorized adult must be present at all times during a visitor search conducted on a minor.
SUBJECT AREA TO BE ADDRESSED: The subject area addressed is the procedures for visitor searches.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23, 944.47, 944.8031 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: Laura Gallagher, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-601.726 Visitor Searches.

(1) through (2)(i) No change.

(j) Careful search by touching of clothing worn next to the body such as stockings, socks, and diapers, using sufficient pressure to detect contraband items. If it is necessary to remove the diaper of an infant or toddler, written consent from the parent, legal guardian, or authorized adult shall be obtained as provided in subsection (3), and it shall be done in the privacy of a search room with the parent, legal guardian, or authorized adult present and by an officer of the same sex.

(3) The visitor shall be instructed to sign Form DC1-803, Unclothed Body Search Consent, if specific factual reasons support the suspicion that contraband is concealed on a visitor’s person and this suspicion is not resolved by a less intrusive search. The parent, legal guardian, or authorized adult shall sign the consent form and will be present if a minor is to be searched. Form DC1-803 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is 11-18-11. http://www.flrules.org/Gateway/reference.asp?No=Ref-00793.

(a) through (5) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 1-25-05, 1-4-12,________.