Law Libraries  

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    DEPARTMENT OF CORRECTIONS

    RULE NO: RULE TITLE
    33-501.301: Law Libraries

    NOTICE OF CHANGE

    Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34, No. 30, July 25, 2008 issue of the Florida Administrative Weekly.

    33-501.301 Law Libraries.

    (1) No change.

    (2) Definitions.

    (a) through (h) No change.

    (i) Law library collection: refers to print and digital/non-print publications that include the following information: the Florida Constitution and Florida Statutes; the U.S. Constitution and U.S. Code; Florida court decisions; U.S. Supreme Court, federal circuit court, and federal district court decisions; case citation-checking that permits users to trace the status of a court decision over time or to identify related court decisions; Florida and federal practice digests; forms manuals; and secondary source materials providing research guidance in the areas of federal habeas corpus, Florida post-conviction and post-sentence remedies, and prisoner’s rights. Law library collection shall also include current copies of departmental rules and regulations as provided in paragraph (5)(b).

    (j) through (t) No change.

    (3) through (5) No change.

    (6) Interlibrary Loan Services.

    (a) Inmates at satellite correctional facilities without law libraries, who need access to legal materials in law library collections, shall submit Form DC5-152, Law Library Interlibrary Loan Request, or Form DC6-236, Inmate Request, to the law library supervisor at the main unit of the institution. Form DC5-152 is incorporated by reference in subsection (11) of this rule.

    1. through 2. No change.

    3. If the law library does not have the information that the inmate has requested, then within 2 working days of receipt, not including the day of receipt, the law library supervisor shall forward the request to an institutional law library that has the requested information. If no institutional law library has the requested information, the law library supervisor shall process the request as provided in section (6)(c)(b).

    (b) Inmates shall have interlibrary loan access to case citation-checking publications that permit users to trace the status of a court decision over time or to identify related court decisions. At least one law library in each region shall have current subscriptions to state and federal case citation-checking publications. Inmates shall secure access to case citation-checking by submitting Form DC5-152, Law Library Interlibrary Loan Request, to the law library supervisor.  Within 2 working days of receipt, not including the day of receipt, the law library supervisor shall forward the request to the appropriate law library. On receipt, the law library supervisor shall immediately assign an inmate law clerk to provide the requested information.  Requests involving court deadlines shall be handled as provided in paragraph (3)(f).

    (b) through (e) renumbered (c) through (f) No change.

    (7) through (11) No change.

    Specific Authority 944.09, 944.11 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 4-6-93, Amended 7-3-94, 11-2-94, 4-28-96, 9-30-96, 12-7-97, Formerly 33-3.0055, Amended 2-15-01, 11-4-01, 12-23-03, 1-7-07,_________.

Document Information

Related Rules: (1)
33-501.301. Law Libraries