The purpose and effect of the amendment is to bring the rule into line with case law that holds that when someone pleas nolo contendere to a crime, then has adjudication withheld for that crime, they shall nonetheless be considered to have been “...

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-601.720Sex Offender and Child Abuse Offender Visiting Restrictions

PURPOSE AND EFFECT: The purpose and effect of the amendment is to bring the rule into line with case law that holds that when someone pleas nolo contendere to a crime, then has adjudication withheld for that crime, they shall nonetheless be considered to have been “convicted” of that crime for the purposes the sentencing guidelines.

SUBJECT AREA TO BE ADDRESSED: Sex offender and child abuse offender visiting restrictions.

RULEMAKING AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 20.315, 944.09, 944.23 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 REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Adam Stallard, 501 South Calhoun Street, Tallahassee, Florida 32399

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

33-601.720 Sex Offender and Child Abuse Offender Visiting Restrictions.

(1) An inmate shall not be authorized to visit with any person seventeen years of age or younger if:

(a) through (b) No change.

(c) A plea of nolo contendere followed by a withhold of adjudication does not constitute a conviction under Section 944.09(1)(n), F.S.

(c)(d) Current and prior convictions from other jurisdictions comparable to the offenses listed above also serve as a basis for imposing visiting restrictions.

(d)(e) Only the judge who issued an order imposing visitation restrictions may modify those restrictions.

(2) through (6) No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.707, Amended 5-29-03, 9-29-03, 4-17-05, 4-10-08, 8-15-10,            .