33-104.101: News Media Visitors
PURPOSE AND EFFECT: The purpose and effect of the rule amendment is to revise the rules related to news media visitors. The Office of Communications is replacing the Office of Public Affairs in the rule text and in Form DC1-406. Form DC1-406 is also being updated to clarify that a news media visitor can only photograph and record in the interview room while in a correctional facility.
SUMMARY: The Office of Communications is replacing the Office of Public Affairs in the rule text and in Form DC1-406. Form DC1-406 is updated to clarify where a news media visitor may photograph and record when visiting a correctional facility.
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: 922.11, 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: LaDawna Fleckenstein, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-104.101 News Media Visitors.
(1) Permission for visits by bona fide news media representatives shall not be unreasonably withheld. This shall apply for visits to inmates other than death sentence inmates with an active death warrant. Rules 33-104.201-.204, F.A.C., shall govern procedures for media interviews with inmates under sentence of death once an execution date has been set. It shall be the responsibility of the news media representatives requesting the visitation to present to the Office of Communications Public Affairs evidence sufficient to establish that such person is a bona fide news media representative and to provide the information sufficiently in advance that it may be verified.
(2) No change.
(3) News media visits to correctional facilities shall be pre-arranged with the Office of Communications Public Affairs. There are two (2) types of media visits allowed under this rule: Inmate Interviews and Program Visits. The following conditions apply to both types of visits:
(a) through (f) No change.
(g) Each member of a media crew must fill out Form DC1-406, Media Access Background Form, and pass an NCIC/FCIC background check. Form DC1-406 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is_________ 3-9-10. Form DC1-406 remains valid for six months from the date of signature.
(h) through (j) No change.
(k) Interviews and photographs of on-duty staff shall be permitted only with prior authorization of the Office of Commuications Public Affairs and the staff member.
(4) Inmate Interviews. Media representatives wishing to conduct in-person inmate interviews must:
(a) No change.
(b) Fax the inmates consent as well as the contact information required by paragraph (3)(a) of this rule to the Office of Communications Public Affairs. Media representatives should allow at least two weeks for the interview clearance process. In addition to the provisions of subsection (3) of this rule, the following conditions apply to all inmate interviews:
1. Phone interviews. Phone interviews are not coordinated through the Office of Communications Public Affairs. To obtain a phone interview, news media representatives must write the inmate and request to be added to his phone list. The inmate will call you collect at his discretion once you have been added. This process can take several months.
2. through 5. No change.
6. All inmate interviews must be conducted for the purpose of gathering information for a media event. The Office of Communications Public Affairs strives to accommodate as broad a definition of media as possible.
7. through 13. No change.
(5) No change.
Rulemaking Authority 944.09 FS. Law Implemented 922.11, 944.09, 944.23 FS. HistoryNew 10-16-83, Amended 6-20-85, Formerly 33-5.14, 33-5.014, Amended 10-30-02, 3-9-10,________.
