11918019, 33-602.210 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 11918019

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

SECURITY OPERATIONS

Overview

RULE:

33-602.210

Use of Force

PURPOSE:

The purpose and effect of the rule is to establish guidelines governing the use of force and/or restraints to protect persons or property, prevent escape, restore order, maintain custody and control, and to enforce Department rules. The amendments provide new definitions; broaden the type of information that should be stated on camera after a use of force; clarify the circumstances under which electronic immobilization devices and specialty munitions may be used; clarify the circumstances under which chemical agents may be used; refine the documentation and procedures, including medical procedures, that should be followed before and after the use of chemical agents; and provide safety provisions concerning the storage and issuance of chemical agents. The amendments are made for the purpose of promoting operational efficiency, updating and responding to changes in law and policy.

SUMMARY:

The changes are primarily organizational in nature, and certain technical terminology is updated. Correctional staff continues to be directed to use the least amount of force necessary to control a disturbance and to cease the escalation of use of force upon gaining offender compliance. Use of force must be supervised (whenever possible), fully documented, and only administered by properly trained staff. Additionally, officers at work camps are permitted to carry an MK-9 sized OC dispenser. A process is established whereby the Office of Inspector General can refer an investigation to the warden. The amount of time a warden has to forward use of force reports and relevant tapes to the Inspector General is lengthened from 5 to 11 days.

RULEMAKING AUTHORITY:

944.09 FS.

LAW:

776.07, 944.09, 944.35 FS.

PRINT PUBLISH DATE:

8/31/2012 Vol. 38/35

COMMENTS:

From 8/31/2012 To 9/21/2012 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.