RULE NO.: RULE TITLE:
33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to create disciplinary charges associated with the use, possession, introduction, and trafficking of tobacco and tobacco products.
SUMMARY: The proposed rule creates disciplinary charges associated with the use, possession, introduction, and trafficking of tobacco and tobacco products.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: 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. An SERC has not been prepared by the agency.
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 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.

The following table shows established maximum penalties for the indicated offenses. As used in the table, “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. Any portion of either penalty may be applied. The effective date of this rule is October 1, 2011.

		Maximum Disciplinary Actions
SECTIONS 1. through 2. No change.
SECTION 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
3-1	Possession of or manufacture of weapons, ammunition, or explosives		60 DC + All GT
3-2	Possession of escape paraphernalia		60 DC + All GT
3-3	Possession of narcotics, unauthorized drugs and drug paraphernalia		60 DC + 180 GT
3-4	Trafficking in drugs or unauthorized beverages		60 DC + All GT
3-5	Manufacture of drugs or unauthorized beverages		60 DC + 180 GT
3-6	Possession of unauthorized beverages		30 DC + 90 GT
3-7	Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.		60 DC + 180 GT
3-8	Possession 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		15 DC + 30 GT
3-9	Possession of unauthorized or altered identification driver’s license, Social security card, cashless canteen identification card, etc.		15 DC + 30 GT
3-10	Possession of unauthorized clothing or linen State or personal		15 DC + 30 GT
3-11	Possession of stolen property State or personal		15 DC + 30 GT
3-12	Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband		15 DC + 30 GT
3-13	Introduction of any contraband		60 DC + All GT
3-14	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 944.47(1)(a)6., F.S.		60 DC + All GT
3-15	Possession of gang related paraphernalia or related material, gang symbols, logos, gang colors, drawings, hand signs, or gang related documents Possession		30 DC + 30 GT
3-16	Non-death row inmates possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers.		30 DC + 60 GT
3-17	Death 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.		30 DC + 60 GT
SECTIONS 4. through 11. No change.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–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,_________.