The purpose and effect of the proposed rule is to clarify that certain Uniform Commercial Code materials are disallowed.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-602.203: Control of Contraband
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify that certain Uniform Commercial Code materials are disallowed.
SUBJECT AREA TO BE ADDRESSED: Contraband.
RULEMAKING AUTHORITY: 944.09, 944.11 FS.
LAW IMPLEMENTED: 90.505, 944.09, 944.11, 944.803 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-602.203 Control of Contraband.

(1) General Definition of Contraband.

(a) Any item or article inside an institution or facility, on the property of a facility or in the possession of an inmate that was not neither:

1. through 3. No change.

4. Authorized and approved for delivery by mail; or nor

5. through (6) No change.

(7) No inmate shall manufacture or possess any forms that may be used in the fraudulent filing of Uniform Commercial Code liens and/or publications that promote this practice. An inmate shall not possess any Uniform Commercial Code (UCC) Article 9 form, including but not limited to any financing statement (UCC1, UCC1Ad, UCC1AP, UCC3, UCC3Ad, UCC3AP), or correction statement (UCC5), whether printed, copied, typed or hand written, or any document concerning a scheme involving an inmate’s “strawman,” “House Joint Resolution 192 of 1933,” the “Redemptive Process,” “Acceptance for Value” presentments or document indicating copyright or attempted copyright of an inmate’s name absent prior written authorization from the warden.

(8)(7) Disposition of Contraband.

(a) Those contraband items retained for use in disciplinary hearings as evidence will be stored until such time as the warden or his designee approves of their being destroyed or disposed of. A secure area within the institution will be designed as the storage area for all contraband items. A Contraband Log, Form DC6-219, will be utilized to document the storage of contraband items. Form DC6-219 is hereby incorporated be reference. Copies of this form may be obtained from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 3-2-00.

(b) Contraband items to be used during outside court cases as evidence will be referred to the Inspector General’s Office for handling. The Inspector General’s Office will either assume custody of the contraband or instruct the institution to hold it as evidence. In either case, the initial confiscating authority will establish the chain of evidence, and insure it is properly followed. Form DC1-801, Chain of Custody, shall be used for this purpose. Form DC1-801 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 7-8-03.

(c) through (i) No change.

(9)(a)(8)(a) All cells, lockers, dormitories and other areas of an institution may be searched in a reasonable manner at any time. A copy of Form DC6-220, Inmate Impounded Personal Property List, shall be given for any property taken in such a search if the inmate acknowledges possession or if the property was taken from an area occupied by the inmate or under his control. The inmate’s acceptance of his copy of Form DC6-220 shall not constitute admission of possession of contraband. Form DC6-220 is incorporated by reference in subsection 33-602.201(17) 33-602.201(16), F.A.C.

(b)1. The Regional Director of Institutions is authorized to declare an emergency situation to exist if he finds, upon the advice and request of the warden, that an immediate mass search is necessary to preserve the security and order of the institution and sufficient staff are not available to follow routine procedures of accounting and receipting for property. Within 72 hours after the declaration, the warden shall prepare a written statement setting forth the facts showing such emergency, which statement shall be forwarded to the Regional Director, who shall prepare a report to the Secretary justifying the declaration.

2. through 3. No change.

4. If an investigation determines that inmate personal property has been damaged or destroyed by Department staff, the procedure as outlined in subsection 33-602.201(14) 33-602.201(11), F.A.C., shall be followed in order to replace the property.

Rulemaking Authority 944.09, 945.215 FS. Law Implemented 944.47, 945.215 FS. History–New 10-8-76, Amended 2-24-81, 4-18-82, 8-13-84, 2-13-85, 6-2-85, Formerly 33-3.06, Amended 2-9-87, 11-3-87, 8-14-90, 11-21-91, 1-6-94, 5-28-96, 10-26-97, Formerly 33-3.006, Amended 3-2-00, 7-8-03, 11-10-03, 6-28-07,________.