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.

SUMMARY: The rule change clarifies that an approved parent, legal guardian or authorized adult must be present at all times during a visitor search conducted on a minor.

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: the proposed changes only modify security operations and will not have a negative economic impact or affect small business.

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: 20.315, 944.09, 944.23, 944.47, 944.8031 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 South Calhoun Street, Tallahassee, Florida 32399-2500

 

THE FULL TEXT OF THE PROPOSED RULE 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,________.

 

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: March 30, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 13, 2012