The purpose and effect of the proposed rule is to expand the sources of authorized property and to clarify that property received from authorized sources does count towards the maximum property limits established in the rule.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-602.201Inmate Property

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to expand the sources of authorized property and to clarify that property received from authorized sources does count towards the maximum property limits established in the rule.

SUMMARY: The rule expands the sources of authorized property.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: upon review of the proposed changes to these rules, the department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in Section 120.541(2)(a), F.S.

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 FS.

LAW IMPLEMENTED: 944.09 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-602.201 Inmate Property.

(1) through (3) No change.

(4) Authorized Property.

(a) through (d) No change.

(e) Inmates shall be required to maintain receipts for items purchased from an authorized source the canteen for as long as they possess the items. An authorized source includes the canteen, the friends and family program, and any vendor authorized to conduct business with the department that has been approved to make items available for purchase to the inmates. In instances where items purchased from an authorized source the canteen are added to Form DC6-224, Inmate Personal Property List, by the property officer, the inmate will not be required to maintain the original canteen receipt from the authorized source. Perishable food and beverage items purchased from an authorized source the canteen are intended for immediate consumption and may not be stored in an inmate’s housing area. Perishable food and beverage items are those that are unsealed or that require refrigeration. Nonperishable food or beverage items may not be kept longer than 30 days, as evidenced by the canteen receipt from an authorized source, and shall be considered contraband if found in the possession of an inmate more than 30 days after purchase.

(f) No change.

(5) through (15) No change.

(16) Religious Property.

(a) through (e) No change.

(f) Religious property and other religious items shall be acquired through an authorized source vendor, canteen purchase, bona fide religious organization, or donor.

(g) through (i) No change.

APPENDIX ONE

PROPERTY LIST

This list incorporates all property authorized to be possessed by inmates in all department institutions and facilities except community correctional centers. Except for items specified below as “exemptions,” property received must be in compliance with this list. Inmates in possession of property previously approved by the Department of Corrections which meets the description of property on the list shall be allowed to retain the property. Inmates transferring to department facilities from private correctional facilities shall be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold by an authorized source in department canteens, items purchased in canteens at private facilities will not always be admissible in department facilities.

Definitions.

The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. All canteen items from authorized source are subject to availability and may not be available for purchase. Items found in the possession of an inmate that are in excess of the established “quantity” shall be treated as contraband in accordance with Rule 33-602.203, F.A.C. Where there is a “value” indicated, the authorized item shall not exceed that value. The terms “authorized source” “canteen” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “authorized source” “canteen” designation shall be available in all institutional canteens or through orders from an authorized source canteen order. All authorized source canteen items are transferable between department institutions. “State issue” means that the institution has the authority to issue this item to inmates based upon the character of the institution, the location of the institution, the housing or work assignment of the inmate, or other factors related to institution or inmate needs. Institutions housing death row inmates shall make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

Exemptions.

Inmates already in possession of the following previously approved items shall be allowed to retain the items until they are no longer serviceable, but shall not be allowed to replace them with like items.

– Clothing items of a different color than specified on the property list.

– Locks other than V68 series

– Plastic bowls, tumblers, cups and lids

– Pantyhose

– Nail clippers larger than 2-1/2''

AUTHORIZED PROPERTY LIST
CLOTHING
Quantity	Unit	Value		Articles
1	each			Athletic Bra (authorized source canteen – female only)
1	each			Belt (state issue)
4	each			Bras (state issue or authorized source canteen – female only)
1	each			Coat (state issue)
1	pair			Gloves, work (state issue)
4	each			Handkerchief, cotton, white only (authorized source canteen)
1	each			Hats (state issue)
2	pair			Pajamas – long (state issue or authorized source canteen)
				Light blue or white – female only Light blue – male
7	each			Panties (state issue or authorized source canteen – female only)
3	each			Pants (state issue)
1	each			Raincoat or Poncho – clear (state issue or authorized source canteen)
1	each			Robe (state issue – female only)
3	each			Shirt, outer (state issue)
4	each			Shirt, T-Shirt (state issue or authorized source canteen order – gray for female, white for male) *inmates may possess both state-issue and authorized source- purchased canteen-purchased shirts, but the total combined number cannot exceed 4.
1	pair			Shoes, Athletic (authorized source canteen)
1	pair			Shoes, Boots (authorized source canteen or state issue)
2	each			Shorts, athletic (navy blue) (authorized source canteen)
1	each			Shower cap, clear only (female only) (authorized source canteen)
1	pair			Shower slides (authorized source canteen)
6	pair			Socks (state issue or authorized source canteen)
1	each			Supporter, athletic (male only) (authorized source canteen)
2	each			Sweatshirts (gray only) (authorized source canteen order)
4	each			Undershorts (male only) (state issue or authorized source canteen)
2	each			Underwear, thermal (state issue or authorized source canteen)
PERSONAL ARTICLES
Quantity	Unit	Value		Articles
Number in use				Batteries (authorized source canteen)
25	each			Roller clips – plastic only (females only), (authorized source canteen)
*				Books (legal, educational, religious, fiction) – *
				Quantity as specified by Rule 33-501.401, F.A.C.
1	each			Bowl – plastic (authorized source canteen)
1	package			Breath tablets (authorized source canteen)
1	each			Calendar, as specified by Rule 33-501.401, F.A.C.
*				Canteen purchases – * limited by approved storage space;
1	each			Canteen bag (authorized source canteen)
1	set			Checkers (light wood or plastic, standard checkers
				only) (authorized source canteen order)
1	set			Chess (light wood or plastic, 2 inches max. height)
				(authorized source canteen order)
1	each			Coffee mug – plastic (authorized source canteen)
1	each			Comb-pocket type, no handles (non-metal)
				(state issue or authorized source canteen)
*				Correspondence – * limited by storage space
				limitations
1	pack			Cotton swabs (plastic or paper stems only) (authorized source canteen)
2	each			Crème rinse and conditioner (authorized source canteen)
1	each			Cup, drinking – plastic (authorized source canteen)
1	package			Dental floss, (floss loops only), unwaxed (authorized source canteen)
1	each			Denture adhesive (state issue or authorized source canteen)
1	each			Denture cup (authorized source canteen order)
2	each			Deodorant and antiperspirant (no aerosols) (authorized source canteen)
1	set			Domino (light wood or plastic, standard size)
				(authorized source canteen order)
1	Set			Earbuds (authorized source canteen)
1	pair			Earphone pads (replacement) (authorized source canteen order)
1	pair			Ear rings, post type (female only) (authorized source canteen order)
*				Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)
1	pack			Emery board – cardboard (authorized source canteen)
25	each			Envelopes – legal (#10 size) (authorized source canteen)
5	each			Envelopes – oversized (10'' x 13'') (authorized source canteen)
*				Envelopes, self-addressed stamped – * the total
				in the inmate’s possession shall not exceed the limit of 1 pack
2	each			Eyeglasses, case, contact lens and solutions (state
				issue or personal; “personal” means that inmates
				already in possession of these items will be allowed
				to retain them, but any future items will be provided
				by the institution if needed.) Contact lenses will only
					be provided if medically indicated
1	each				Eye shadow, eyeliner, mascara, eyebrow pencil,
					blemish preparation, lipstick, blemish and spot
					cover-up, lip coloring (female only) (authorized source canteen)
1	box				Feminine hygiene products (internal and external)
					(female only) (state issue or authorized source canteen)
*					File folders (*limited by storage space)
20					Greeting cards and accompanying envelopes
1	each				Hairbrush – nonmetal, handles for females
					only (authorized source canteen)
2	each				Hairdressing (styling gel, pink oil, cholesterol, perm kit – female only) (no aerosols) (authorized source canteen)
1	each				Hair net (female only) (authorized source canteen)
25	each				Hair rollers (female only) (authorized source canteen)
2	each				Handballs or racketballs (authorized source canteen)
1	each				Headphones for use with radio (authorized source canteen)
Maximum weekly dosage					Health aids – headache and cold remedies, antacids,
					antifungal preparations, cough drops, nasal spray,
					etc. No imidazoline, tetrahydrozaline, or hydrochloride
					compounds (authorized source canteen – as approved by health services)
2	each				Hearing aid (state issue or personal)
*					Hobby craft – at locations where program exists
					and subject to storage space limitations
1	each				Insect repellant (authorized source canteen)
1	each				Jigsaw puzzle (authorized source canteen order)
1	each				Keyboard (authorized source canteen)
1	each				Laundry bag (state issue or authorized source canteen)
1	each				Lip balm (authorized source canteen)
1	each				Locks, combination (V68 series) (authorized source canteen)
1	each				Make-up bag, clear only (female only) (authorized source canteen)
1	each				Mirror – plastic, nonbreakable, 5'' × 7'' max.
					(authorized source canteen)
1	each				Moisturizer – (authorized source canteen)
1	each				Mouthwash (authorized source canteen)
1	each				MP3 Player (authorized source canteen)
1	each				MP3 Player arm band holder (authorized source canteen)
1	each				Nail clippers, not to exceed 2 1/2'' (authorized source canteen)
2	pack				Notebook paper (authorized source canteen)
4	each				Pens, ballpoint, flair-type, pencils with erasers, or security pens,
					no markers (authorized source canteen)
*					Periodicals – * as specified by Rule 33-501.401, F.A.C., and
					storage space limitations
1	each				Photo album, non-metal (authorized source canteen)
50	each				Photographs (personal)
2	decks				Playing cards (standard) (authorized source canteen)
5	each				Pony tail holder (fabric) or hair claws (plastic) (female only)
1	each				P.R.I.D.E. service pin (issued to inmate from
					P.R.I.D.E.)
*					Prosthesis – * as approved by health services
1	each		50.00		Radio, DC/AM/FM only, “Walkman” type,
					maximum 4'' × 5'' (authorized source canteen)
1	each				Razor, disposable (state issue)
1	each		50.00		Razor, battery operated, non-rechargeable (authorized source canteen
					order)
*					Religious requirements – as approved by chaplaincy
					services, (examples: head covering, prayer rug)
1	each		50.00		Religious medallion with chain (personal or provided by Chaplain)
1	each		100.00		Ring, engagement (personal, female only)
1	each		100.00		Ring, wedding (personal)
1	each				Roller cap, clear only (female only) (authorized source canteen)
1	set				Scrabble (authorized source canteen order)
1	each				Screen protector (authorized source canteen)
2	each				Shampoo (authorized source canteen)
1	each				Shaving cream (authorized source canteen)
1	each				Shaving powder (authorized source canteen)
1	pair				Shoe laces (authorized source canteen)
1	each				Shoe wax (Liquid only, non flammable, no
					nitrobenzene; authorized source canteen)
2	each				Soap, bath (state issue or authorized source canteen)
1	each				Soap dish (authorized source canteen)
1	each				Soap, laundry (female only) (authorized source canteen)
*					Special needs – * special devices as approved for
					compliance with medical needs
1	each				Spoon, plastic (authorized source canteen)
40	each				Stamps (the equivalent of 40 1-ounce 1st class) (authorized source canteen)
1	each				Sunglasses, no mirror type (authorized source canteen)
1	each				Sunscreen lotion (authorized source canteen)
1	each				Talcum powder (authorized source canteen)
1	each				Toilet Paper (state issue or authorized source canteen)
1	each				Toothbrush (state issue or authorized source canteen)
1	each				Toothbrush holder (authorized source canteen)
2	each				Toothpaste and Toothpaste with mouthwash (state issue or authorized source canteen)
2	each				Towels (state issue)
1	each				Wallet (authorized source canteen)
1	each		50.00		Watch (personal or authorized source canteen)
1	each				Watch band (nylon and Velcro only) (authorized source canteen)
2	each				Washcloths (state issue or authorized source canteen)

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08, 1-25-10, 7-4-10, 10-26-11, 8-19-12, 11-20-12, 3-3-13,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: James Upchurch, Assistant Secretary of Institutions

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael D. Crews, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 15, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 3, 2014