33-210.103. Privileged Mail

(1) “Privileged mail” is a category that includes mail to and from public officials, governmental agencies and the news media. This includes mail to and from the Florida Bar.

(2) Privileged mail shall be delivered to the institution or facility by the U.S. Postal Service only.

(3) Inmates shall be allowed to receive only written correspondence and self-addressed stamped envelopes in privileged mail.

(a) The following items are not permissible for inclusion in privileged mail, but are permissible for routine mail along with other materials listed in subsection 33-210.101(2), F.A.C.:

1. Greeting cards, blank greeting cards, stationery or other blank paper or envelopes;

2. Articles or clippings;

3. Photographs;

4. U.S. postage stamps, the value of which cannot exceed the equivalent of 20 (1 oz.) first class stamps;

(b) The following items which are prohibited for receipt in routine mail are not permissible for inclusion in or attachment to privileged mail:

1. Non-paper items;

2. Items of a non-communicative nature such as lottery tickets or matchbooks;

3. Stickers or stamps (other than postage stamps, postal service attachments, and address labels affixed to outside of envelope);

4. Address labels (other than those affixed to the outside of the envelope);

5. Laminated cards or other laminated materials.

(c) Inmates shall be responsible for informing all correspondents of the regulations concerning privileged mail.

(4) When an inmate is prohibited from receiving any item of mail, the inmate and the sender will be notified in writing that the mail has been disapproved stating one of the authorized reasons for disapproval. The Unauthorized Mail Return Receipt, Form DC2-521, will be placed in the original envelope with the correspondence and returned to the sender. If unauthorized items are discovered in the mail (other than items of an illegal nature), the unauthorized item and the correspondence will be returned to the sender with the Unauthorized Mail Return Receipt included. Form DC2-521 is incorporated by reference in Rule 33-210.101, F.A.C.

(5) Processing of Privileged Mail.

(a) All incoming privileged mail shall be opened in the presence of the inmate to determine that the correspondence is privileged mail and that it contains no unauthorized items. Incoming mail from the news media that is correspondence as opposed to a publication shall clearly indicate on the outside of the envelope the nature of the mail in order to put staff on notice that it should be handled pursuant to this rule rather than Rule 33-504.101, F.A.C. (“Admissible Reading Material”), such as by marking it as “privileged,” “correspondence,” or “not a publication.” Only the signature and letterhead of privileged mail may be read. If the incoming mail is not privileged mail, it will be returned to the sender along with a form letter which states that the correspondence is being returned in accordance with subsection (5) of this rule because it was being transmitted under the guise of privileged mail. The inmate to whom the mail was addressed shall receive a copy of the form letter.

(b) Inmates shall present all outgoing privileged mail unsealed to the mail collection representative to determine, in the presence of the inmate, that the correspondence is privileged mail and that it contains no unauthorized items. Only the address may be read to determine whether it is properly addressed to a person or agency listed in subsection (1) of this rule. If the outgoing mail contains unauthorized items or is not privileged mail, the inmate shall be subject to disciplinary action.

(c) Incoming and outgoing privileged mail that is properly addressed and otherwise in compliance with applicable rules shall not be held for processing for more than 48 hours, excluding weekends and holidays.

(6) The address on all incoming privileged mail should contain the inmate’s committed name, identification number, institutional name and address. The inmate’s dorm and bunk locations are not required. However, if the addressee can be identified, the mail shall be delivered without delay.

(7) The return address on all outgoing correspondence must contain the inmate’s committed name, identification number, and the institutional name and address spelled out completely. The inmate’s dorm and bunk locations are not required. No prefix other than inmate, Mr., Ms., Miss or Mrs. or any suffix other than Jr., Sr. or Roman numerals such as II or III may be included as part of the committed name in the return address. If the inmate’s name or identification number is missing, the letter shall be returned to the inmate for proper addressing. If the institutional name or address is incomplete, the institution is authorized to stamp all outgoing privileged mail with the complete institutional name and address and shall mail it without delay. All outgoing privileged mail will be stamped “mailed from a state correctional institution” by mail room staff.

(8)(a) Anytime privileged mail is received for an inmate who has been transferred within the department, the institution shall return the correspondence to the post office within 5 working days with the forwarding address of the facility where the inmate is presently incarcerated. If additional postage is required to forward the privileged mail, regardless of the class, to the transferred inmate’s new institutional assignment, the department shall pay the cost of this additional postage as long as the mail contained sufficient postage for delivery to its original destination.

(b) Upon receipt of privileged mail, if there is a question that it is privileged mail, the mail shall be opened in the presence of the inmate to confirm that it is privileged mail. If it is confirmed to be privileged mail, it shall be delivered to the inmate. If the mail is not privileged mail, it shall be returned to the sender along with a form letter which states that the correspondence is being returned in accordance with subsections (4) and (8) of this rule because it was being transmitted under the guise of privileged mail. The inmate to whom the mail was addressed shall receive a copy of the form letter.

(c) Anytime privileged mail is received for an inmate who has been released from the department, it shall be returned to the post office within 5 working days with a forwarding address, if available, and a request shall be made to postal authorities to forward the privileged mail to the former inmate. If there is no available forwarding address, all privileged mail shall be returned to the sender.

(d) No postage or writing materials shall be provided to inmates for privileged mail, however the postage and writing materials provided in subsection 33-210.101(17), F.A.C., may be used for this purpose.

(e) Inmates shall not utilize home-made envelopes or packages to send out privileged mail. Mail enclosed in such materials will be returned to the inmate without processing. Outgoing packages and envelopes will not bear any artwork, additional lettering or designs other than the required address and return address.

(9)(a) All incoming privileged mail received for an inmate shall be entered on the Incoming Legal And/Or Privileged Mail Log, Form DC2-522. The form shall include the inmate’s name, DC number, the date the mail was received by the institution, the full address of the sender, the date the mail was received by the inmate, the signature of the inmate, and the initials of the mailroom officer who is present when the inmate signs for receipt of the mail. Form DC2-522 is incorporated by reference in Rule 33-210.102, F.A.C.

(b) In the event that the inmate has been released or transferred, in addition to the procedures required by subsection 33-210.103(8), F.A.C., Form DC2-522 shall be completed as required in paragraph 33-210.103(9)(a), F.A.C., except that mailroom staff shall write “Transferred” or “Released” in the “Date Mail Received By Institution” section, and shall write the date that the mail was forwarded in the “Inmate Signature” section.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.11 FS. History–New 9-1-93, Amended 5-25-97, 2-15-98, Formerly 33-3.0052, Amended 12-20-99, Formerly 33-602.403, Amended 5-5-02, 12-4-02, 9-20-04, 7-18-05, 2-13-12.