Rule amendment is necessary to remove the vehicle restrictions for Correctional Probation Officers.

 

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-302.1031Correctional Probation Officers - Appointment and Responsibility

PURPOSE AND EFFECT: Rule amendment is necessary to remove the vehicle restrictions for Correctional Probation Officers.

SUMMARY: The proposed rule allows for removal of vehicle restrictions and expansion of the Probation Officer Bike Program.

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: The Department used an itemized checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory cost associated with this rule that exceeds the criteria. Upon review of the proposed changes to the rule, the Department has determined that the amendments will not exceed any one of the economic analysis criteria in a SERC as set forth in s. 120.541(2)(a), F.S.

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, F.S

LAW IMPLEMENTED: 944.09, F.S

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Lauren Sanchez, Paralegal Specialist, 501 S. Calhoun Street, Tallahassee, FL 32399 [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Office of the General Counsel, Attn. FDC Rule Correspondence, 501 South Calhoun Street, Tallahassee, Florida 32399, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-302.1031 Correctional Probation Officers – Appointment and Responsibility.

(1) Officers are appointed by the State of Florida under the authority of the Department of Corrections and are responsible for supervision and control of offenders, including the enforcement of conditions of supervision, conducting investigations and initiating arrest of offenders under their supervision as appropriate with or without warrant. Officers will notify the sentencing or releasing authority whenever the officer has reasonable grounds to believe that a willful violation of any condition of supervision has occurred.

(2) Officers will notify the sentencing or releasing authority whenever the officer has reasonable grounds to believe that a willful violation of any condition of supervision has occurred. Officers may utilize a motorcycle or other two-wheeled vehicle to travel to and from work and court appearances. Officers shall utilize an enclosed four-wheeled or greater vehicle in the field.

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History–New 8-23-07, Amended 12-30-08,         .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Joseph Winkler, Assistant Deputy Secretary of Community Corrections

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ricky Dixon, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 12, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 24, 2024