The purpose and effect of the proposed rulemaking is to prevent inadvertent mistakes from resulting in a denial of visiting privileges and to clarify the duty of the warden and authority of the Secretary over approval and denial of visiting ...  


  • RULE NO.: RULE TITLE:
    33-601.717: Visiting Denial
    PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to prevent inadvertent mistakes from resulting in a denial of visiting privileges and to clarify the duty of the warden and authority of the Secretary over approval and denial of visiting privileges.
    SUMMARY: The rulemaking prevents inadvertent mistakes from resulting in a denial of visiting privileges and clarifies the duty of the warden and authority of the Secretary concerning visiting privileges.
    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), FS.
    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 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

    THE FULL TEXT OF THE PROPOSED RULE IS:

    33-601.717 Visiting – Denial.

    (1) through (5)(b) No change.

    (c)1. through 3. No change.

    4. Current community supervision status or tTermination from community supervision in any jurisdiction within the past one year.

    5. No change.

    (d) through (e) No change.

    (f) Either the inmate or prospective visitor gave false or misleading information to obtain visiting privileges within the past six months, unless it is reasonably determinable that the incorrect information was provided as a result of an inadvertent or good faith mistake, omission, or clerical error.; Ddiscovery of falsification of visitor information after the visitor has been approved for visitation shall result in the visitor being considered for suspension of visiting privileges pursuant to Rule paragraph 33-601.731(9)(c), F.A.C.

    (g) through (l) No change.

    (6) No change.

    (7) It is the warden’s duty to supervise and enforce the rules relating to the approval or denial of visiting privileges.

    (8) The Secretary or designee, who for purposes of this rule shall be the Assistant Secretary of Institutions, has the authority to review and modify the approval or denial of visiting privileges where it has been determined to further the inmate’s rehabilitation, to ensure consistency with the department’s rules, to enhance public safety, or to ensure the security of an institution.

    Rulemaking Specific Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 6-15-06, 1-7-07,________.


    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: May 7, 2012
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 18, 2012

Document Information

Comments Open:
6/15/2012
Summary:
The rulemaking prevents inadvertent mistakes from resulting in a denial of visiting privileges and clarifies the duty of the warden and authority of the Secretary concerning visiting privileges.
Purpose:
The purpose and effect of the proposed rulemaking is to prevent inadvertent mistakes from resulting in a denial of visiting privileges and to clarify the duty of the warden and authority of the Secretary over approval and denial of visiting privileges.
Rulemaking Authority:
944.09 FS.
Law:
20.315, 944.09, 944.23 FS.
Contact:
Laura Gallagher, 501 South Calhoun Street, Tallahassee, Florida 32399
Related Rules: (1)
33-601.717. Visiting Denial