The purpose and effect is to amend Rule 33-503.001 to remove outdated language and to amend Rule 33-503.002 to update and clarify the approval process for the marriage of inmates while incarcerated.

 

DEPARTMENT OF CORRECTIONS

RULE NOS.:RULE TITLES:

33-503.001Chaplaincy Services

33-503.002Marriage of an Inmate While Incarcerated

PURPOSE AND EFFECT: The purpose and effect is to amend Rule 33-503.001, F.A.C. to remove outdated language and to amend Rule 33-503.002, F.A.C. to update and clarify the approval process for the marriage of inmates while incarcerated.

SUMMARY: The proposed rulemaking eliminates a reference to the “Office of Education and Initiatives” which is no longer active. Additionally the rulemaking revises the approval process for the marriage of inmates while incarcerated.

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:

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: 20.315, 944.09, 944.11 FS.

LAW IMPLEMENTED: 90.505, 944.09, 944.11, 944.803 FS.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kyle Magee, 501 South Calhoun Street, Tallahassee, Florida 32399-2500.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-503.001 Chaplaincy Services.

(1) Organization and Functions.

(a) The Chaplaincy Services Section of the Office of Education and Initiatives is responsible for:

1. through 4. No change.

(b) through (c) No change.

(2) through (14) No change.

Rulemaking Authority 944.09, 944.11 FS. Law Implemented 90.505, 944.09, 944.11, 944.803 FS. History–New 1-6-82, Formerly 33-3.14, 33-3.014, Amended 10-18-01, 1-9-03, 2-25-08, 9-22-08, 1-25-10, 3-2-11, 10-26-11,           .

 

33-503.002 Marriage of an Inmate While Incarcerated.

(1) No change.

(2) Procedure for Consideration of Request.

(a) The staff psychologist and the correctional officer chief at the inmate’s institution shall communicate individually, in writing, to the warden as to whether they believe the marriage would pose a threat to any of the following: the inmate’s security, the security and order of the institution, or the public safety. If a psychological and security evaluation indicates that the marriage of the inmate will not pose a threat to the inmate’s security or the security and order of the institution nor to public safety, a written recommendation from the staff psychologist and the correctional officer chief shall be submitted to the warden.

(b) After receiving both of the above communications, the The warden shall, within 30 days, make his or her own determination as to whether the inmate’s marriage would pose a threat to the inmate’s security, the security and order of the institution, or the public safety. If the warden determines that the marriage would not pose a threat to any of the above-listed items, he or she shall approve the request. The warden’s marriage request approval is final. forward the recommendation along with the items listed in subsection 33-503.002(2), F.A.C. to the chaplaincy services administrator.

(c) The chaplaincy services administrator shall review the request for compliance with this rule and forward it with his findings to the secretary or his designee.

(c)(d) If the warden approves the marriage request he/she The secretary or his designee shall make the final decision as to whether the marriage presents a threat to the security or order of the institution or to public safety. The warden or his/her his designated representative shall advise the parties in writing of the decision and the basis for the decision.

(d) If the warden determines that the marriage would pose a threat to one of the above-listed items, he or she shall recommend, in writing, to the Regional Director that the request be denied. Such written recommendation shall be accompanied by the documents referenced in paragraph (2)(a). The Regional Director shall only accept the warden’s recommendation if he or she determines that the marriage would pose a threat to the inmate’s security, the security and order of the institution, or the public safety. The Regional Director’s decision shall be made within 15 days of receiving the above-mentioned documentation from the warden and shall be final.

(3) Procedure for Marriage. If an inmate is permitted to marry while incarcerated, the following shall be followed:

(a) The inmate and the proposed spouse shall be responsible for making all arrangements in keeping with the statutes governing marriage in the State of Florida.

(b) No change

(c) If the inmate will not be furloughed, the department is responsible for the following:

1. No change

2. Arranging for suitable place for the marriage ceremony to be conducted at the institution, and a person an authorized by law person to conduct it.

3. No change

(4) In order to minimize the impact of the ceremony on security, marriage ceremonies shall be of a limited nature. The extent of the individual ceremony shall be limited by the warden such that they would not negatively affect the consistent with the maintenance of proper security and welfare of the institution.

Specific Authority 20.315, 944.09 FS. Law Implemented 944.09 FS. History–New 1-29-81, Amended 4-18-82, Formerly 33-3.13, Amended 5-21-89, 4-23-91, Formerly 33-3.013, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Abraham Uccello, Director of Development

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Julie L. Jones, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 27, 2017