The purpose and effect of the proposed rule is to update the department’s emergency preparedness and response programs.

DEPARTMENT OF CORRECTIONS

Rule No.: RULE TITLE
33-602.206: Riot and Disorder Plan
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to update the department’s emergency preparedness and response programs.
SUMMARY: The proposed rule clarifies and updates the department’s emergency preparedness and response plans to include reference to the Incident Command System, which is the department’s standard operating procedure for managing and responding to incidents outside the normal operation of the department.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09, 944.34, 944.43, 944.44, 944.45 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.206 Emergency Management Riot and Disorder Plan.

(1) Definitions.

(a) Incident Command System (ICS) – a standard operating procedure that can be employed in establishing command in a correctional setting during any incident or event outside of normal operations and that provides a means for the effective management of personnel and resources that respond to the incident as it escalates.

(b) Incident commander – the individual assuming and having responsibility for the management of all incidents and events outside of normal operations.

(c) National Incident Management System (NIMS) – a system created under Homeland Security Directive #5 (February 2003) that directs the comprehensive, national approach to incident management by federal, state, territorial, tribal, and local responders. There shall be a Riot and Disorder Plan at each major institution, road prison and vocational center, that sets forth procedures for dealing with riots and disorders. Each such plan shall be approved by the warden of the institution and the Security Coordinator of the Department. Such plans shall be confidential and care shall be taken that their contents are not disclosed to inmates.

(2) The department will respond to all emergencies using ICS in conjunction with NIMS. A state of riot or disorder may be declared by the Regional Director in conjunction with the warden of the institution involved whenever:

(a) Two or more inmates act in concert, with or without preconceived plan, to resist authority, or

(b) Any inmate takes any person hostage or threatens to cause injury to any person and has the apparent ability to carry out such a threat.

(3) The department will ensure that there are critical incident plans in place at each facility that houses inmates.

(4)(3) Upon determining that a critical incident an emergency situation has occurred or is about to occur, the incident commander warden or his designee shall immediately notify the department’s Emergency Action Center, the appropriate prison inspector, Prison Inspector and then the regional director Office of the Regional Director. The regional director Regional Director or his designee shall in turn immediately notify the Office of the Secretary, and the Secretary or his designee shall notify the Office of the Governor and appropriate central office Central Office personnel. Notification shall include the essential facts of the situation, and persons notified shall be kept informed of new developments as they occur by the same process.

(5)(4) The following tactical priorities considerations shall govern the measures taken to resolve a critical incident deal with a riot or disorder:

(a) Provide for the The safety, accountability, and welfare of the general public, personnel, and inmates. This priority is ongoing throughout the incident.

(b) Stabilize, isolate, and contain the incident and provide for preservation of life, property, and order. The safety of any hostages,

(c) Remove endangered persons and obtain treatment for the injured. The welfare and safety of staff and inmates,

(d) Conserve expenses and damage to The protection of property.,

(e) Resolve the incident and return the institution to normal operations. The restoration of order and control,

(f) Ensure the The identification, arrest, and prosecution of persons violating the law.

(6)(5) Force may be used to restore order subject to the provisions of Rule 33-602.210, F.A.C., Use of Force. No personal weapons or ammunition of any kind will be used except as specifically authorized by the incident commander warden.

(7)(6) Until order is restored no employee shall give any information to the news media without the authority of the incident commander, regional director warden, Regional Director, or Secretary. News media representatives shall not be allowed to enter any area where active rioting is taking place. The incident commander warden has the responsibility of advising the news media of appropriate information, with the advice and assistance of the director of the Office of Communications Central Office Information Services Director.

(8)(7) There shall be no bargaining with or concessions to inmates who continue in a state of revolt or insurrection. An appropriate official may talk to and attempt to reason with the rebellious inmates in an attempt to regain control by peaceful means. Demands of inmates that they be permitted to negotiate only with the Governor, news media, or other specified party will be refused.

(9)(8) Dealing with inmate leaders in regard to hostages will be handled by the incident commander warden or other designated, trained officials of the institution or department Department. Immediate efforts will be directed toward the liberation of said hostages without undue delay. Any employee taken hostage has no authority regardless of his rank or position, while he is a hostage. An inmate(s) who demands to be released from custody by threatening to do bodily harm to a hostage if he is not released, will not be released, even if all efforts to secure the hostage fail.

Rulemaking Specific Authority 944.09 FS. Law Implemented 944.09, 944.34, 944.43, 944.44, 944.45 FS. History–New 11-3-82, Formerly 33-3.16, 33-3.016, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Deputy Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 24, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 10, 2010