Florida Administrative Code (Last Updated: September 2, 2024) |
33. Department of Corrections |
D33. Departmental |
33-601. Classification And Central Records |
1Sections 1 through 10 below show the maximum penalties allowed for the listed offenses. Staff should take into account the individual facts of each violation and impose a penalty that is proportionate to the conduct. Section 11 shows the penalties that will be imposed for the listed offenses based on the time since an inmate’s last disciplinary infraction absent a statement in the written findings of the disciplinary team or hearing officer justifying an upward deviation. As used in this rule, “DC” means the maximum number of days of disciplinary confinement that may be imposed, and “GT” means the maximum number of days of gain time that may be taken. The imposition of DC and GT penalties are independent of one another and do not have to be imposed together; i.e., an inmate may be placed in DC without losing GT, and vice versa.
145Maximum Disciplinary Actions
148SECTION 1 – ASSAULT, BATTERY, THREATS, AND DISRESPECT
1561-3
157Spoken, written, or gestured threats
16230 DC + 90 GT
1671-4
168Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like
18730 DC + 60 GT
1921-5
193Sexual battery or attempted sexual battery
19990 DC + All GT
2041-6
205Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor
24060 DC + 90 GT
2451-7
246Aggravated battery or attempted aggravated battery on a correctional officer
25690 DC + All GT
2611-8
262Aggravated battery or attempted aggravated battery on staff other than correctional officer
27490 DC + All GT
2791-9
280Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.)
29590 DC + All GT
3001-10
301Aggravated battery or attempted aggravated battery on an inmate
31090 DC + All GT
3151-11
316Aggravated assault or attempted aggravated assault on a correctional officer
32690 DC + All GT
3311-12
332Aggravated assault or attempted aggravated assault on staff other than correctional officer
34490 DC + All GT
3491-13
350Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.)
36590 DC + All GT
3701-14
371Aggravated assault or attempted aggravated assault on an inmate
38090 DC + All GT
3851-15
386Battery 387or attempted battery on a correctional officer
39490 DC + All GT
3991-16
400Battery 401or attempted battery on staff other than correctional officer
41090 DC + All GT
4151-17
416Battery 417or attempted battery on someone other than staff or inmates (vendor, etc.)
42990 DC + All GT
4341-18
435Battery 436or attempted battery on an inmate
44290 DC + All GT
4471-19
448Assault or attempted assault on a correctional officer
45690 DC + 180 GT
4611-20
462Assault or attempted assault on staff other than correctional officer
47290 DC + 180 GT
4771-21
478Assault or attempted assault on someone other than staff or inmates (vendor, etc.)
49190 DC + 180 GT
4961-22
497Assault or attempted assault on an inmate
50490 DC + 180 GT
509SECTION 2 – RIOTS, STRIKES, MUTINOUS ACTS AND DISTURBANCES
5182-1
519Participating in riots, strikes, mutinous acts, or disturbances
52760 DC + All GT
5322-2
533Inciting or attempting to incite riots, strikes, mutinous acts, or disturbances – conveying any inflammatory, riotous, or mutinous communication by word of mouth, in writing or by sign, symbol, or gesture
56430 DC + All GT
5692-3
570Creating, participating in or inciting a minor disturbance
57830 DC + 60 GT
5832-4
584Fighting
58530 DC + 30 GT
590SECTION 3 – CONTRABAND – ANY ARTICLE NOT SOLD IN THE CANTEEN, OR ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A SPECIFIC PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY HOUSED
6243-1
625Possession of or manufacture of weapons, ammunition, or explosives
63460 DC + All GT
6393-2
640Possession of escape paraphernalia
64460 DC + All GT
6493-3
650Possession of narcotics, unauthorized drugs and drug paraphernalia
65860 DC + 180 GT
6633-4
664Trafficking in drugs or unauthorized beverages
67060 DC + All GT
6753-5
676Manufacture of drugs or unauthorized beverages
68260 DC + 180 GT
6873-6
688Possession of unauthorized beverages
69210 DC + 15 GT
6973-7
698Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.
71160 DC + 180 GT
7163-8
717Possession of negotiables – unauthorized amounts of cash where cash is permitted, any amount of cash where cash is not permitted, another inmate’s canteen coupons, another inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards, or any other negotiable item which is not authorized
76430 GT
7663-9
767Possession of unauthorized or altered identification – driver’s license, social security card, cashless canteen identification card, etc.
78430 GT
7863-10
787Possession of unauthorized clothing or linen – State or personal
79730 GT
7993-11
800Possession of stolen property – State or personal
80830 GT
8103-12
811Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband
82830 GT
8303-13
831Introduction of any contraband
83560 DC + All GT
8403-14
841Unauthorized possession or use of a cellular telephone or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under Section 898944.47(1)(a)6., F.S.
90060 DC + All GT
9053-15
906Possession of gang related paraphernalia or related material, gang symbols, logos, gang colors, drawings, hand signs, or gang related documents
92630 DC + 30 GT
9313-16
932Non-death row and/or non-community release program inmates – possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers.
95510 DC + 15 GT
9603-17
961Death row inmates – Possession of tobacco, other than authorized smokeless tobacco, or possession of tobacco-related products intended for use with smoking tobacco such as lighters or cigarette papers; introduction of tobacco or tobacco-related products to non-death row housing or trafficking in such products.
100510 DC + 15 GT
1010SECTION 4 – UNAUTHORIZED AREA
10154-1
1016Escape or escape attempt
102060 DC + All GT
10254-2
1026Unauthorized absence from assigned area, including housing, job or any other assigned or designated area
104110 DC + 15 GT
10464-3
1047Being in unauthorized area, including housing, job, or any other assigned or designated area
106130 GT
1063SECTION 5 – COUNT PROCEDURE VIOLATIONS
10695-1
1070Missing count
107230 DC + 90 GT
10775-2
1078Failure to comply with count procedures
108430 DC + 30 GT
1089SECTION 6 – DISOBEYING ORDERS
10946-1
1095Disobeying verbal or written order – any order given to an inmate or inmates by a staff member or other authorized person
111730 DC + 60 GT
11226-2
1123Disobeying institutional regulations
112630 GT
1128SECTION 7 – DESTRUCTION, MISUSE, OR WASTE OF PROPERTY
11377-1
1138Destruction of State property or property belonging to another
114760 DC + All GT
11527-2
1153Altering or defacing State property or property belonging to another
116330 GT
11657-3
1166Destruction of State property or property belonging to another due to gross negligence
117930 GT
11817-4
1182Misuse of State property or property belonging to another – use for purpose other than the intended purpose
120030 GT
12027-5
1203Willful wasting State property or property belonging to another – any waste of edible or usable property
122030 GT
12227-6
1223Arson or attempted arson
122760 DC + All GT
1232SECTION 8 – HYGIENE
12368-1
1237Failure to maintain personal hygiene or appearance
124415 GT
12468-2
1247Failure to maintain acceptable hygiene or appearance of housing area
125715 GT
1259SECTION 9 – MISCELLANEOUS INFRACTIONS
12649-1
1265Obscene or profane act, gesture, or statement – oral, written, or signified
127715 DC + 30 GT
12829-2
1283Bribery or attempted bribery
128710 DC + 15 GT
12929-3
1293Breaking and entering or attempted breaking
129910 DC + 15 GT
13049-4
1305Attempt, conspiracy, or solicitation to commit any crime or violation of the Rules of Prohibited Conduct
132160 DC + All GT
1326Penalty imposed not to exceed maximum authorized for the substantive infraction.
13379-5
1338Theft of property under $50.00 in value
134510 DC + 15 GT
13509-6
1351Bartering with others
135430 GT
13569-7
1357Sex acts or unauthorized physical contact involving inmates
136510 DC + 30 GT
13709-9
1371Tattooing, being tattooed, branding or body art to include body piercing
138210 DC + 30 GT
13879-10
1388Lying to staff member or others in official capacity, or falsifying records
140030 DC + 60 GT
14059-11
1406Feigning illness or malingering as determined by a physician or medical authority
141815 GT
14209-12
1421Gambling or possession of gambling paraphernalia
142715 GT
14299-13
1430Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task
146615 GT
14689-14
1469Mail regulation violations
147210 DC + 30 GT
14779-15
1478Visiting regulation violations
148110 DC + 30 GT
14869-16
1487Refusing to work or participate in mandatory programs
149510 DC + 90 GT
15009-17
1501Disorderly conduct
150330 DC + 60 GT
15089-18
1509Unauthorized physical contact involving non-inmates
151460 DC + 90 GT
15199-19
1520Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer
153330 DC + 60 GT
15389-20
1539Extortion or attempted extortion
154360 DC + 60 GT
15489-21
1549Fraud or attempted fraud
155330 DC + 90 GT
15589-22
1559Robbery or attempted robbery
156360 DC + All GT
15689-23
1569Theft of property exceeding $50 in value
157660 DC + All GT
15819-24
1582Loaning or borrowing money or other valuables
158930 GT
15919-25
1592Telephone regulation violations
159515 DC + 30 GT
16009-26
1601Refusing to submit to substance abuse testing
160860 DC + 180 GT
16139-27
1614Use of unauthorized drugs – as evidenced by positive results from urinalysis test, or observable behavior
163060 DC + 180 GT
16359-28
1636Canteen Shortage under $100.00
164010 DC + 60 GT
16459-29
1646Canteen Shortage over $100.00
165030 DC + 90 GT
16559-31
1656Use of Alcohol – as evidenced by positive results from authorized tests, or by observable behavior
167230 DC + 90 GT
16779-32
1678In accordance with Section 1682944.279(1), F.S., 1684is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding or appeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court
174015 DC + 30 GT
17459-33
1746Tampering with, defeating or depriving staff of any security device. Security devices include: locks; locking devices; electronic detection systems; personal body alarm transmitters and receivers; handheld radios; restraint devices such as handcuffs, waist chains, leg irons and handcuff covers; keys; video and audio monitoring and recording devices; security lighting; weapons; and any other device utilized to ensure the security of the institution
180860 DC + All GT
18139-34
1814Tampering with or defeating any fire or other safety device. Safety devices include: fire, smoke, and carbon dioxide detection devices; alarm systems; fire suppression systems and devices such as fire sprinklers, fire extinguishers, and dry chemical systems; safety and emergency lighting; exit lights; evacuation route and warning placards; self-contained breathing apparatuses; personal protective equipment; first aid kits; eye wash stations; and any other device utilized to ensure the safety of the institution, staff, and inmates
188960 DC + All GT
18949-35
1895Establishes or attempts to establish a personal or business relationship with any staff member or volunteer
191130 DC + 90 GT
19169-36
1917Gang related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation
193330 DC + 60 GT
19389-37
1939Unauthorized use of or tampering with a computer, computer peripheral device, or any other office equipment. Other office equipment includes copying machines, facsimile machines, postage meters, or any other device utilized in an office or office-like environment
197660 DC + All GT
19819-38
1982In accordance with Section 1986817.535(4), F.S., 1988is found by the court to have filed or directed a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owner’s interest in the property described in the instrument
203630 DC + 90 GT
20419-39
2042Committing, attempting to commit, conspiring to commit, or soliciting another person to commit an unauthorized or illegal financial transaction
206130 DC + 60 GT
20669-40
2067Possession of any items or materials that can be used to facilitate an unauthorized or illegal financial transaction, including account numbers, passwords, PINs, or other similar items or materials that an inmate is not authorized to possess
210460 DC + 90 GT
21099-41
2110Kiosk regulation violation
211310 DC + 30 GT
21189-42
2119Tablet regulation violation
212210 DC + 30 GT
21279-43
2128Video visitation regulation violation, including call forwarding, video chatting, three-way video, livestreaming, recording, or other electronic tampering
214510 DC + 30 GT
21509-44
2151eCommunication regulation violation
215410 DC + 30 GT
21599-45
2160Tablet tampering- altering or attempting to alter a tablet to enable communication with another device, to change tablet services as defined in 33-602.900(2), or to change in any manner the functionality of the tablet, or possession of any tablet so altered.
220160 DC + All GT
2206SECTION 10 – COMMUNITY RELEASE PROGRAM VIOLATIONS – WORK RELEASE, STUDY RELEASE, FURLOUGH AND VOLUNTEER SERVICE
222210-1
2223Failure to directly and promptly proceed to and return from designated area by approved method
223815 DC + 30 GT
224310-2
2244Failure to remain within designated area of release plan
225310 DC + 15 GT
225810-3
2259Failure to return if plan terminated prior to scheduled time
226910 DC + 15 GT
227410-4
2275Making unauthorized contact – personal, telephone, or otherwise – with any individual in behalf of another inmate
229215 GT
229410-5
2295Deviating from or changing approved plan without permission
230315 GT
230510-6
2306Making purchase or contract without approval
231215 GT
231410-7
2315Failure to deposit entire earnings – less authorized deductions – each pay period
232815 GT
233010-8
2331Failure to repay advancement of monies as stipulated in the inmate’s financial plan
234415 GT
234610-9
2347Tampering with, damaging, losing, or destroying any electronic monitoring equipment.
235715 DC + 30 GT
2362SECTION 11 – PENALTY SCALE
2367(1) The penalties set forth in subsection (2) below will be imposed for the offenses listed below based on the time since an inmate’s last disciplinary infraction absent a statement in the written findings of the disciplinary team or hearing officer justifying an upward deviation. At no time will the maximum penalties set forth in Sections 1 through 10 above be exceeded. The written findings must be based on the nature of the infraction and its impact on the secure and orderly operation of the institution or facility where the infraction occurred. The time since the last disciplinary infraction is calculated from the date the last infraction was committed during an inmate’s current commitment. The imposition of DC and GT penalties are independent of one another and do not have to be imposed together; i.e., an inmate may be placed in DC without losing GT, and vice versa.
2515(2)(a) If the time since the last disciplinary infraction is 0 to 30 days, the penalty will be up to 30 days in DC and the loss of up to 30 days of GT.
2549(b) If the time since the last disciplinary infraction is 31 to 60 days, the penalty will be up to 20 days in DC and the loss of up to 20 days of GT.
2583(c) If the time since the last disciplinary infraction is 61 to 120 days, the penalty will be up to 15 days in DC and the loss of up to 15 days of GT.
2617(d) If the time since the last disciplinary infraction is more than 120 days or if there is no prior infraction, the penalty will be any sanction authorized by Rule 264733-601.308, 2648F.A.C., excluding DC.
26511-4
2652Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like
26712-4
2672Fighting
26733-8
2674Possession of negotiables – unauthorized amounts of cash where cash is permitted, cash where cash is not permitted, other inmate’s canteen coupons, other inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards or any other negotiable item which is not authorized
27183-9
2719Possession of unauthorized or altered identification – driver’s license, Social security card, cashless canteen identification card, etc.
27363-10
2737Possession of unauthorized clothing or linen – State or personal
27473-11
2748Possession of stolen property – State or personal
27563-12
2757Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband
27743-13
2775Introduction of any contraband
27793-16
2780Non-death row and/or non-community release program inmates – possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers
28034-2
2804Unauthorized absence from assigned area, including housing, job or any other assigned or designated area
28194-3
2820Being in unauthorized area, including housing, job, or any other assigned or designated area
28345-1
2835Missing count
28375-2
2838Failure to comply with count procedures
28447-2
2845Altering or defacing State property or property belonging to another
28557-3
2856Destruction of State property or property belonging to another due to gross negligence
28697-4
2870Misuse of State property or property belonging to another – use for purpose other than the intended purpose
28887-5
2889Willful wasting State property or property belonging to another – any waste of edible or usable property
29068-1
2907Failure to maintain personal hygiene or appearance
29148-2
2915Failure to maintain acceptable hygiene or appearance of housing area
29259-1
2926Obscene or profane act, gesture, or statement – oral, written, or signified
29389-2
2939Bribery or attempted bribery
29439-3
2944Breaking and entering or attempted breaking
29509-4
2951Attempt, conspiracy, or solicitation to commit any crime or violation of the Rules of Prohibited Conduct
29679-5
2968Theft of property under $50.00 in value
29759-6
2976Bartering with others
29799-7
2980Sex acts or unauthorized physical contact involving inmates
29889-9
2989Tattooing, being tattooed, branding or body art to include body piercing
30009-10
3001Lying to staff member or others in official capacity, or falsifying records
30139-11
3014Feigning illness or malingering as determined by a physician or medical authority
30269-12
3027Gambling or possession of gambling paraphernalia
30339-13
3034Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task
30709-14
3071Mail regulation violations
30749-15
3075Visiting regulation violations
30789-16
3079Refusing to work or participate in mandatory programs
30879-17
3088Disorderly conduct
30909-18
3091Unauthorized physical contact involving non-inmates
30969-19
3097Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer
31109-21
3111Fraud or attempted fraud
31159-24
3116Loaning or borrowing money or other valuables
31239-25
3124Telephone regulation violations
31279-28
3128Canteen Shortage under $100.00
31329-31
3133Use of Alcohol – as evidenced by positive results from authorized tests, or by observable behavior
31499-32
3150In accordance with Section 3154944.279(1), F.S., 3156is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding or appeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court
32129-41
3213Kiosk regulation violation
32169-42
3217Tablet regulation violation
32209-43
3221Video visitation regulation violation, including call forwarding, video chatting, three-way video, livestreaming, recording, or other electronic tampering
32389-44
3239eCommunication regulation violation
324210-1
3243Failure to directly and promptly proceed to and return from designated area by approved method
325810-2
3259Failure to remain within designated area of release plan
326810-3
3269Failure to return if plan terminated prior to scheduled time
327910-4
3280Making unauthorized contact – personal, telephone, or otherwise – with any individual on behalf of another inmate
329710-5
3298Deviating from or changing approved plan without permission
330610-6
3307Making purchase or contract without approval
331310-7
3314Failure to deposit entire earnings – less authorized deductions – each pay period
332710-8
3328Failure to repay advancement of monies as stipulated in the inmate’s financial plan
334110-9
3342Tampering with, damaging, losing, or destroying any electronic monitoring equipment
3352Rulemaking Authority 3354944.09 FS. 3356Law Implemented 335820.315, 3359944.09, 3360944.115, 3361944.14, 3362944.279, 3363944.28 FS. 3365History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08, 11-9-08, 5-11-09, 12-12-10, 10-1-11, 6-18-13, 11-14-13, 11-4-14, 1-18-21, 2-14-23, 1-11-24.