The purpose and effect of the proposed rule is to make it clear that Department officials have final authority over the work assignments of inmates housed in private facilities.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-601.201Inmate Work Program

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to make it clear that Department officials have final authority over the work assignments of inmates housed in private facilities.

SUMMARY: To ensure the rule clearly reflects that Department officials have final authority over the work assignments of all inmates.

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 and incorporated forms, 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: 20.315, 944.09 FS.

LAW IMPLEMENTED: 944.09, 944.10(7), 946.002, 946.006(3), 946.40(1), 946.511(1)(b) 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:

33-601.201 Inmate Work Program.

(1) through (6) No change.

(7) A Department of Corrections representative at private facilities shall review and approve all inmate job placements to include outside jobs and all high risk inside assignments.

Rulemaking Specific Authority 20.315, 944.09 FS. Law Implemented 944.09, 944.10(7), 946.002, 946.006(3), 946.40(1), 946.511(1)(b) FS. History–New 10-8-76, Amended 4-19-79, Formerly 33-3.03, Amended 2-26-86, 1-28-98, Formerly 33-3.003, Amended 11-8-00,_________.

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 23, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 13, 2013