The purpose and effect of the proposed rule is to replace the title of Office of Public Affairs with Office of Communications and to revise Form DC1-406 to also replace the title of Office of Public Affairs with Office of Communications.

 

DEPARTMENT OF CORRECTIONS

RULE NO.: RULE TITLE:
33-104.101: News Media Visitors

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to replace the title of Office of Public Affairs with Office of Communications and to revise Form DC1-406 to also replace the title of Office of Public Affairs with Office of Communications.

SUBJECT AREA TO BE ADDRESSED: Public Affairs.

RULEMAKING AUTHORITY: 944.09 FS.

LAW IMPLEMENTED: 922.11, 944.09, 944.23 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 IS: LaDawna Fleckenstein, 501 S. Calhoun Street, Tallahassee, Florida 32399-2500

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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 inmate’s 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 F.S. Law Implemented 922.11, 944.09, 944.23 F.S. History–New 10-16-83, Amended 6-20-85, Formerly 33-5.14, 33-5.014, Amended 10-30-02, 3-9-10,________.