The purpose and effect of the proposed rule is to provide consistency and maintain security and order for visitation of inmates under the sentence of death and attending executions.  


  • RULE NO: RULE TITLE
    33-104.201: Representation of News Media at Executions
    33-104.202: Procedures to be Applied to News Media Representatives Attending Executions
    33-104.203: News Media Access to Inmates Under Sentence of Death
    PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide consistency and maintain security and order for visitation of inmates under the sentence of death and attending executions.
    SUMMARY: The proposed rule amends Rules 33-104.201, 33-104.202, and 33-104.203, F.A.C. to replace “United Press International Wire Service” with “Florida Radio Network.” The proposed rule amends Rule 33-104.201 to require designated representatives and alternate names be received by the department at least seven (7) working days prior to the execution. The proposed rule amends Rule 33-104.202 to prohibit media representatives from bringing cell phones into the execution observation room. The proposed rule amends Rule 33-104.203 in the following ways: removing the language requiring news media representatives to make prior arrangements where state holidays fall on Tuesday, Wednesday, or Thursday and giving the decision of whether to allow media interviews on those days to the Warden; requiring that inmates request group and individual interviews within one (1) week after his or her execution date is set; and by allowing all media representative to bring the same types of equipment and assistants.
    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
    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.
    SPECIFIC AUTHORITY: 922.11, 944.09, 944.23 FS.
    LAW IMPLEMENTED: 922.11, 944.23 FS.
    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-104.201 Representation of News Media at Executions.

    (1) No change.

    (a) The Director Florida Editor of the Florida Radio Network United Press International Wire Service may designate one news reporter to be its media representative.

    (b) through (d) No change.

    (2) The names of the news reporters who will represent each of the above-mentioned classes of news media and designated alternates shall be sent in writing to the Secretary of the Department of Corrections and signed by the person authorized to make the designation. Only pProperly designated representatives or their designated alternates whose names are received by the Secretary at least seven working days 72 hours prior to the execution, or a shorter time period when determined necessary by the Secretary, shall be admitted to witness the execution. In the event that any designee fails to appear as set out in Rule 33-104.202, F.A.C., the next available alternate designated for such class shall be admitted to attend in the absent designee’s place.

    (3) No change.

    (4) In the event of a stay, the same media witnesses will be retained so long as the execution is rescheduled and held within sixty days.

    Specific Authority 922.11, 944.09, 944.23 FS. Law Implemented 922.11, 944.23 FS. History–New 10-11-77, Amended 3-10-80, Formerly 33-15.01, 33-15.001, Amended________.

     

    33-104.202 Procedures to be Applied to News Media Representatives Attending Executions.

    (1) The following procedures shall apply to representatives of the news media who are selected to witness executions:

    (a) No change.

    (b) No electronic or mechanical devices, including but not limited to still, moving picture or video-tape cameras, tape recorders or similar devices, cell phones, or artistic paraphernalia, will be permitted in the execution observation room.

    (c) No change.

    (2) through (4) No change.

    Specific Authority 922.11, 944.09, 944.23 FS. Law Implemented 922.11, 944.23 FS. History–New 10-11-77, Amended 3-10-80, Formerly 33-15.02, 33-15.002, Amended________.

     

    33-104.203 News Media Access to Inmates Under Sentence of Death.

    (1) Regularly scheduled news media interviews with inmates under sentence of death will be permitted each week on Tuesday, Wednesday, and Thursday, between the hours of 1:00 p.m. and 3:00 p.m., and will be contingent upon the consent of the inmate. If a state holiday falls on Tuesday, Wednesday, or Thursday, the warden may set interviews on another day during the week at his discretion. The warden may authorize additional visits if staff are available and the need exists. News media representatives who have made prior arrangements with the Office of Public Affairs may be allowed admittance to regularly scheduled news media interviews to the extent that accommodations are available and security risks are not created.

    (2) through (3) No change.

    (4)(a) During the calendar week of the execution, the offender sentenced to death will be allowed to have one group interview with a total of thirty media representatives and one (1) individual interview with a news media representative selected by the offender sentenced to death, provided the inmate requests said interviews in writing no later than one week after an execution date is set.

    (b) The group and individual Said interviews shall will be conducted within forty-eight hours prior to the scheduled time of execution at a place and time designated by the warden of Florida State Prison and shall not exceed one hour each in duration.

    (c)(b) Within a reasonable period of time prior to the scheduled group interview, the Secretary or a person designated by the Secretary will notify the office of the Director Florida Editor of the Florida Radio Network United Press International Wire Service, the office of the Florida Bureau Chief of the Associated Press Wire Service, the Florida Association of Broadcasters, and the Florida Press Association of the date, time and place of the group interview. A total of thirty media representatives will be permitted to attend the group interview. The Florida Radio Network United Press International and the Associated Press will each be entitled to two representatives at the group interview. The Florida Association of Broadcasters and the Florida Press Association will each be permitted to designate thirteen representatives and designated alternates. Such representatives may include photographers, cameramen and sound operators, and they may bring and use a reasonable amount of appropriate equipment and paraphernalia.

    (d)(c) A print media Rrepresentatives selected for the individual interview, including print media, radio and television representatives, may use the following: a tape recorder, camera, and sound equipment. Representatives and may designate the following to assist during the interview: a bona fide still photographer, to participate in the interview. A radio representative selected may use a tape recorder and may designate a technical assistant, for the interview. A television representative selected may designate a camera operator, and sound operator to assist during the interview.

    (5) No change.

    Specific Authority 922.11, 944.09, 944.23 FS. Law Implemented 922.11, 944.23 FS. History–New 3-10-80, Formerly 33-15.03, 33-15.003, Amended 3-22-05,_________.


    NAME OF PERSON ORIGINATING PROPOSED RULE: Gretl Plessinger, Public Affairs Director, Office of the Secretary
    NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Richard D. Davison, Deputy Secretary
    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 13, 2008
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 11, 2008