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.
SUMMARY: The proposed rule clarifies that certain Uniform Commercial Code materials are impermissible contraband.
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: An analysis from the Bureau of Institutions, Security Operations, the proposed rule only addresses internal management and inmate discipline and will have no effect on the private sector or small business.
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, 945.215 FS.
LAW IMPLEMENTED: 944.09, 944.47, 945.215 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 Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE 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 inmates strawman, House Joint Resolution 192 of 1933, the Redemptive Process, Acceptance for Value presentments or document indicating copyright or attempted copyright of an inmates 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 Generals Office for handling. The Inspector Generals 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 inmates 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 944.09, 944.47, 945.215 FS. HistoryNew 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,________.
