Rulemaking is necessary to update the rule to include the addition of approved Seasonal Preparedness articles/items; the addition of approved art supplies; the designation of the JP5 Tablet as being retainable until unserviceable; ....

DEPARTMENT OF CORRECTIONS

RULE NO.:RULE TITLE:

33-602.201Inmate Property

PURPOSE AND EFFECT: Rulemaking is necessary to update the rule to include the addition of approved Seasonal Preparedness articles/items; the addition of approved art supplies; the designation of the JP5 Tablet as being retainable until unserviceable; and any other “clean-up” revisions needed or deemed necessary for inclusion/deletion. 

SUMMARY: The rule is being updated to include the addition of approved Seasonal Preparedness articles/items; the addition of approved art supplies; the designation of the JP5 Tablet as being retainable until unserviceable; and any other “clean-up” revisions needed or deemed necessary for inclusion/deletion. 

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: Jason Holman, Assistant General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

33-602.201 Inmate Property.

(1) through (16) No Change.

APPENDIX ONE

PROPERTY LIST

This list incorporates all property authorized to be possessed by inmates in all Department institutions and facilities except community correctional centers. Except for items specified below as “exemptions,” property received must be in compliance with this list. Inmates in possession of property previously approved by the Department that meets the description of property on the list will be allowed to retain the property. Inmates transferring to Department institutions or facilities from private correctional facilities will be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold by an authorized source, items purchased in canteens at private facilities will not always be admissible in Department institutions or facilities.

Definitions.

The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. All items from an authorized source are subject to availability and may not be available for purchase. Items found in the possession of an inmate that are in excess of the established “quantity” will be treated as contraband in accordance with Rule 33-602.203, F.A.C. Where there is a “value” indicated, the authorized item must not exceed that value. The terms “authorized source” and “state issue” refer to the sources from which property can be obtained. All items with the “authorized source” designation are available in all institutional canteens or through orders from an authorized source. All authorized source items are transferable between Department institutions and facilities. “State issue” means that an institution or facility has the authority to issue this item to inmates based upon the character of the institution or facility, the location of the institution or facility, the housing or work assignment of the inmate, or other factors related to institution, facility, or inmate needs. Institutions housing death row inmates will make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

Exemptions.

Inmates already in possession of the following previously approved items are allowed to retain the items until they are no longer serviceable, but will not be allowed to replace them with like items.

– Clothing items of a different color than specified on the property list

– Non-state issued athletic shorts

– Locks other than V68 series

– Plastic bowls, tumblers, cups, and lids

– Pantyhose

– Nail clippers larger than 2 1/2''

– Earrings, post type – Tablet armband holder – JP5 model of Tablet AUTHORIZED PROPERTY LIST
CLOTHING
Quantity	Unit	Value	Articles
1	each		Belt (state issue)
4	each		Bras, may be athletic style (state issue or authorized source – female only) *inmates may possess both state-issued and authorized source-purchased bras, but the total combined number cannot exceed four
1	pair		Shoes, athletic (authorized source)
1	pair		Shoes, boots (authorized source or state issue)
1 1	each pair		Coat (state issue) Gloves, winter (authorized source)
1	pair		Gloves, work (state issue)
4	each		Handkerchief, cotton, white only (authorized source)
1 1 1	each each each		Hats (state issue) Hat, straw (authorized source) Hat, toboggan (authorized source)
2	pair		Pajamas – long (authorized source)
			Light blue or white – female only Light blue – male only
7	each		Panties (state issue or authorized source – female only)
3	each		Pants (state issue)
1	each		Raincoat or poncho – clear (state issue or authorized source)
1	each		Robe (state issue – female only)
3	each		Shirt, outer (state issue)
4	each		Shirt, t-shirt (state issue or authorized source – gray for female, white for male) *inmates may possess both state-issue and authorized source-purchased shirts, but the total combined number cannot exceed four
1	pair		Shoes, athletic (authorized source)
1	pair		Shoes, boots (authorized source or state issue)
2	each		Shorts, athletic (blue only) (male only) (state issue)
3	each		Shorts, athletic (blue only) (female only) (state issue)
1	each		Shower cap, clear only (female only) (authorized source)
1	pair		Shower slides (authorized source)
6	pair		Socks (state issue or authorized source)
1	each		Supporter, athletic (male only) (authorized source)
2	each		Sweatshirts (gray only) (authorized source order)
4	each		Undershorts (male only) (state issue or authorized source)
2	each		Underwear, thermal (state issue or authorized source)
NON-CLOTHING
Quantity	Unit	Value	Articles
Number in use			Batteries (authorized source)
*			Books (legal, educational, religious, fiction) – *quantity as specified by Rule 33-501.401, F.A.C.
1	each		Bowl – plastic (authorized source)
1	package		Breath tablets (authorized source)
1	each		Calendar – as specified by Rule 33-501.401, F.A.C.
*			Canteen purchases – *limited by approved storage space
1 24	each pieces		Canteen bag (authorized source) Chalk, colored (authorized source)
1	set		Checkers (light wood or plastic, standard checkers only) (authorized source order)
1	set		Chess (light wood or plastic, 2 inches max. height) (authorized source order)
1	each		Coffee mug – plastic (authorized source)
1	each		Comb-pocket type, no handles (non-metal) (state issue or authorized source)
*			Correspondence – *limited by approved storage space
1	pack		Cotton swabs (plastic or paper stems only) (authorized source)
2	each		Crème rinse and conditioner (authorized source)
1	each		Cup, drinking – plastic (authorized source)
1	package		Dental floss (floss loops only, unwaxed) (authorized source)
1	each		Denture adhesive (state issue or authorized source)
1	each		Denture cup (authorized source order)
2	each		Deodorant and antiperspirant (no aerosols) (authorized source)
1	set		Domino (light wood or plastic, standard size) (authorized source order)
1	Set		Earbuds (state issue or authorized source)
1	pair		Earphone pads (replacement) (authorized source order)
*			Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)
1	pack		Emery board – cardboard (authorized source)
25	each		Envelopes – legal (#10 size) (authorized source)
5	each		Envelopes – oversized (10'' x 13'') (authorized source)
*			Envelopes, self-addressed stamped – *the total in the inmate’s possession must not
			exceed the limit of one pack
2	each		Eyeglasses, case, contact lens and solutions (state issue or personal; “personal” means that an inmate already in possession of these items will be allowed to retain them, but any future items will be provided by the institution if needed; contact lenses will only be provided if medically indicated)
1	each		Eye shadow, eyeliner, mascara, eyebrow pencil, blemish preparation, lipstick, blemish
			and spot cover-up, lip coloring (female only) (authorized source)
1	box		Feminine hygiene products (internal and external) (female only)
			(state issue or authorized source)
*			File folders (*limited by approved storage space)
20			Greeting cards and accompanying envelopes
1	each		Hairbrush – nonmetal, handles for females only (authorized source)
2	each		Hairdressing (styling gel, pink oil, cholesterol, perm kit – female only) (no aerosols) (authorized source)
1	each		Hair net (female only) (authorized source)
25	each		Hair rollers (female only) (authorized source)
2	each		Handballs or racquetballs (authorized source)
1	each		Headphones for use with radio (authorized source)
Maximum			Health aids – headache and cold remedies, antacids,
weekly dosage			antifungal preparations, cough drops, nasal spray, etc.; no imidazoline,
			tetrahydrozoline, or hydrochloride compounds (authorized source – as approved by
			health services)
2	each		Hearing aid (state issue or personal)
*			Hobby craft – at locations where program exists and subject to approved storage space
			limitations
1	each		Insect repellant (authorized source)
1	each		Jigsaw puzzle (authorized source order)
1	each		Keyboard (authorized source)
1	each		Laundry bag (state issue or authorized source)
1	each		Lip balm (authorized source)
1	each		Locks, combination (V68 series) (authorized source)
1	each		Make-up bag, clear only (female only) (authorized source)
1	each		Mirror, plastic, non-breakable (5'' × 7'' max.) (authorized source)
1	each		Moisturizer (authorized source)
1	each		Mouthwash (authorized source)
1	each		Nail clippers, not to exceed 2 1/2'' (authorized source)
2 48	pack each		Notebook paper (authorized source) Pencils, colored (authorized source)
4	each		Pens, ballpoint, flair-type, pencils with erasers, or security pens (no markers)
			(authorized source)
*			Periodicals – *as specified by Rule 33-501.401, F.A.C., and limited by approved storage space
1	each		Photo album, non-metal (authorized source)
50	each		Photographs (personal)
2	decks		Playing cards (standard) (authorized source)
5	each		Pony tail holder (fabric) or hair claws (plastic) (female only) (authorized source)
1	each		P.R.I.D.E. service pin (issued to inmate from P.R.I.D.E.)
*			Prosthesis or health care appliance as defined in Rule 33-210.201, F.A.C.
1	each	50.00	Radio, DC/AM/FM only, “Walkman” type, maximum 4'' × 5'' (authorized source)
1	each		Razor, disposable (female only) (state issue)
1	each	50.00	Razor, battery operated, non-rechargeable (authorized source order)
*			Religious requirements – as approved by chaplaincy services (examples: head
			covering, prayer rug)
1	each	50.00	Religious medallion with chain (personal or provided by Chaplain)
1	each	100.00	Ring, engagement (female only) (personal)
1	each	100.00	Ring, wedding (personal)
1	each		Roller cap, clear only (female only) (authorized source)
25	each		Roller clips, plastic only (female only) (authorized source)
1	set		Scrabble (authorized source order)
1	each		Screen protector (authorized source)
2	each		Shampoo (authorized source)
1	each		Shaving cream (authorized source)
1	each		Shaving powder (authorized source)
1	pair		Shoe laces (authorized source)
1 2	each each		Shoe wax (liquid only, non-flammable, no nitrobenzene) (authorized source) Sketch pad (authorized source)
2	each		Soap, bath (state issue or authorized source)
1	each		Soap dish (authorized source)
*			Special needs – *special devices as approved for compliance with medical needs
1	each		Spoon, plastic (authorized source)
40	each		Stamps (the equivalent of 40 1-ounce 1st class) (authorized source)
1	each		Sunglasses, no mirror type (authorized source)
1	each		Sunscreen lotion (authorized source)
1	each		Tablet (state issued or authorized source)
1	each		Talcum powder (authorized source)
1	each		Toilet paper (state issue or authorized source)
1	each		Toothbrush (state issue or authorized source)
1	each		Toothbrush holder (authorized source)
2	each		Toothpaste and toothpaste with mouthwash (state issue or authorized source)
2 1	each each		Towels (state issue) Towel, cooling (authorized source)
1	each		Wallet (authorized source)
1	each	50.00	Watch (personal or authorized source)
1	each		Watch band (nylon and Velcro only) (authorized source)
2	each		Washcloths (state issue or authorized source)

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS. History‒New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08, 1-25-10, 7-4-10, 10-26-11, 8-19-12, 11-20-12, 3-3-13, 6-8-14, 8-17-16, 6-9-20, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Comerford, Assistant Deputy Secretary of Institutions

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mark S. Inch, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD:  May 18, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 3, 2021