The purpose and effect of the proposed rulemaking is to update terminology and to transfer via rulemaking Form DC6-111C from Rule 33-601.737, F.A.C., to this rule.

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-601.716: Visiting Record Management
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to update terminology and to transfer via rulemaking Form DC6-111C from Rule 33-601.737, F.A.C., to this rule.
SUMMARY: The terminology of the rule is updated to coordinate with other visiting rules, and Form DC6-111C is being moved to this rule from Rule 33-601.737, F.A.C.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The agency has determined that this rule will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs by more than $200,000 within one year of taking effect. A SERC has not been prepared by the agency. Based on the fact that the rule is only being amended to incorporate a form in a different location, the change will not have an impact on small business or the private sector and the rule therefore is not expected to require legislative ratification.
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: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.716 Visiting Record Management.

(1) No change.

(2) Department staff shall document all requests for visits, and decisions made with regard to visiting, and pertinent comments on the automated visiting record.

(3) No change.

(4) Inmates shall be permitted to remove or request to add visitors to their inmate visiting records by completing Form DC6-111C, a Remove/ Add Visitor Request, Form DC6-111C, provided by institutional classification staff. Form DC6-111C is hereby incorporated by reference in Rule 33-601.737, F.A.C. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is October, 2011. Additions to the visiting record shall be allowed at any time, up to the limit of fifteen approved visitors. Removals shall only be permitted every six months. Visitors whose visiting privileges are suspended or revoked shall not be removed from an inmate’s approved visiting list while in the respective status and the inmate shall not be allowed to replace the visitor with another approved visitor.

(5) No change.

(6) A visitor shall not be permitted to be on the more than one inmate’s approved visiting record of all inmates who are unless they are immediate family as well as one non-family inmate members except as provided in subsection (7) below 33-601.716(7), F.A.C.

(7) A visitor who is approved as immediate family on an inmate’s visiting record shall not be considered for visitation with a non-immediate family member inmate if both inmates are housed at the same institution unless:

(a) The immediate family member inmate is transferred to another institution or is released from incarceration.

(b) The visitor is already approved to visit a non-immediate family inmate prior to the immediate family member inmate being received at the same institution. Visitation shall be allowed, but not on the same day.

(c) The visitor is already approved to visit a non-immediate family member inmate prior to being transferred to the same institution housing a an immediate family member inmate. Visitation shall be allowed, but not on the same day.

(8) An approved visitor who is on the visiting list of two or more immediate family member inmates who are at the same institution may visit the inmates at the same time.

(9) A visitor approved to visit as a non-immediate family inmate member shall not be removed from the visiting list of the inmate for purposes of visiting another non-immediate family member inmate at the same institution.

Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 9-29-03,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Russell Hosford, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Edwin Buss, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 20, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 8, 2011