The purpose and effect of the proposed rule is to clarify that notwithstanding any other Department regulation, approved lighters and matches may be used in religious ceremonies requiring the use of such items and female inmates may be permitted to ...

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-503.001: Chaplaincy Services
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that notwithstanding any other Department regulation, approved lighters and matches may be used in religious ceremonies requiring the use of such items and female inmates may be permitted to wear dresses rather than pants in order to accommodate a sincere religious belief.
SUMMARY: The proposed rule clarifies that notwithstanding any other Department regulation, approved lighters and matches may be used in approved religious ceremonies requiring the use of such items and female inmates may be permitted to wear dresses rather than pants in order to accommodate a sincere religious belief.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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.
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, 944.11 FS.
LAW IMPLEMENTED: 90.505, 944.09, 944.11, 944.803 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: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-503.001 Chaplaincy Services.

(1) through (2) No change.

(3) Religious Services and Rituals.

(a) through (g) No change.

(h) Notwithstanding any other Department rule, procedure, or policy, approved lighters and matches may be used during approved religious ceremonies that require the use of such items.

(4) through (5) No change.

(6) The chaplain shall be authorized to maintain written communication with inmates where the inmate and the chaplain Chaplain have been at the same institution, at the same time, and either the inmate or the chaplain Chaplain has transferred to another Florida Department of Corrections institution under the following conditions:

(a) No change.

(b) Consistent with the effective management and order of the institution, the chaplain Chaplain maintaining written communication with an inmate at another Florida Department of Corrections institution must inform the chaplain Chaplain at the inmate’s current institutional location.

(7) through (11) No change.

(12) Notwithstanding any other Department rule, procedure, or policy, a female inmate shall be permitted to wear dresses rather than pants if it is necessary to accommodate the inmate’s sincere religious beliefs.

(13)(12) Inmates who wish to observe religious dietary laws shall be provided a diet sufficient to sustain them in good health without violating those dietary laws. Exceptions may be made only in unusual cases where providing a special diet would:

(a) Require exceeding budgetary allowances,

(b) Create a threat to the security, order, or effective management of the institution, or

(c) Amount to unjustified special treatment of inmates receiving the special diet.

(d) The institution shall prepare and identify food so that those inmates who wish to abstain from eating pork or pork products may do so.

(e) The chaplain shall advise the institutional officials in charge of food services on all matters relating to the implementation of this subsection.

(14)(13) Religious Publications.

(a) Inmates shall have access to religious publications through the chapel or institutional library or as provided through the chaplain.

(b) The chaplain shall assist inmates in obtaining personal copies of religious books and periodicals, subject to rules of the Department.

(c) Religious publications shall include the following:

1. Sacred texts – the primary religious documents from which the standards of the faith are derived.

2. Prayer books – the instructional material, prayers and liturgies for the observation of holy rituals, services and personal devotion;

3. Devotional literature – religious commentary, religious calendars, personal instruction in the faith, and sermon type material.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 90.505, 944.09, 944.11, 944.803 FS. History–New 1-6-82, Formerly 33-3.14, 33-3.014, Amended 10-18-01, 1-9-03, 2-25-08, 9-22-08, 1-25-10, 3-2-11,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Alex Taylor, Chaplaincy Services Administrator
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Edwin G. Buss, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 13, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 1, 2011