The purpose and effect of the proposed rule is to clarify the handling and processing of incoming legal mail.

DEPARTMENT OF CORRECTIONS

RULE NO: RULE TITLE
33-210.102: Legal Documents and Legal Mail
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the handling and processing of incoming legal mail.
SUBJECT AREA TO BE ADDRESSED: Legal Mail.
SPECIFIC AUTHORITY: 20.315, 944.09, 944.11 FS.
LAW IMPLEMENTED: 944.09, 944.11 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-210.102 Legal Documents and Legal Mail.

(1) No change.

(2) Legal mail shall be defined as mail to and from the following entities that is either marked as legal pursuant to paragraph (8)(d) of this rule or is inspected in the presence of the inmate pursuant to paragraph (8)(h) of this rule:

(a) Municipal Mail to and from municipal, county, state and federal courts.

(b) State Mail to and from state attorneys.

(c) Private Mail to and from private attorneys.

(d) Public Mail to and from public defenders.

(e) Legal Mail to and from legal aid organizations.

(f) Mail to and from Agency clerks Clerks.

(g) Government Mail to and from government attorneys.

(3) through (7) No change.

(8) Processing of Legal Mail.

(a) through (b) No change.

(c) No packaging other than standard envelopes shall be given to inmates. The following types of packaging shall be removed by mailroom staff before providing the contents to the inmate: boxes, padded envelopes, envelopes that include metal parts, multilayer packaging, bubble wrap, packing peanuts, or other forms of extra packaging.

(d) The sender of incoming legal mail shall mark the outside of the envelope “legal,” “legal-confidential,” “legal-open only in the presence of the addressee,” or similar language which would put the reader on notice that the mail should be handled and processed pursuant to this Rule is legal mail of a confidential nature. Mail from the courts, state attorney, public defender or from any agency clerk or government attorney that is not marked as legal pursuant to this paragraph shall be handled and processed pursuant to Rule 33-210.103, F.A.C subject to public inspection under Chapter 119, Florida Statutes, need not be marked as legal mail. All other incoming Incoming mail that is not marked as legal pursuant to this paragraph which does not include a marking on the outside of the envelope requesting that it be treated as confidential legal mail shall be handled and processed pursuant to Rule 33-210.101, F.A.C treated as routine mail and shall be opened and examined, and is subject to being read by a designated employee outside the presence of the inmate.

(e) through (i) No change.

(9) through (15) No change.

Rulemaking Specific Authority 20.315, 944.09, 944.11 FS. Law Implemented 944.09, 944.11 FS. History–New 10-8-76, Amended 4-19-79, 7-2-81, 6-8-82, 9-23-85, Formerly 33-3.05, Amended 10-7-86, 8-20-89, 4-4-91, 9-1-93, 4-28-96, 2-12-97, 5-25-97, 10-7-97, 12-7-97, 2-15-98, Formerly 33-3.005, Amended 12-20-99, Formerly 33-602.402, Amended 5-5-02, 12-4-02, 5-11-03, 8-25-03, 9-20-04, 12-23-07, 4-23-09,_________.