Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO.: RULE TITLE:
33-601.721: Visiting Operations
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to remove reference to smoking.
SUMMARY: The proposed rule is amended to clarify that tobacco use by visitors is not permitted.
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.
Based on information provided by the Bureau of Classification and Central Records, the changes only affect internal operations and will not require legislative ratification.
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: 944.09, 944.23, 944.8031 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:

33-601.721 Visiting Operations.

(1) through (6) No change.

(7) Smoking shall be permitted only in an outdoor smoking area designated by the warden.

(8) through (11) renumbered (7) through (10) No change.

(11) Neither inmates nor visitors, including death row inmates and their visitors, shall be permitted to possess or use tobacco products as defined in Section 944.115(2)(d), F.S., during visitation.

Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented 944.09, 944.115, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-16-03, 7-17-07,_________.

 

Editorial Note: Formerly 33-601.708, F.A.C.


NAME OF PERSON ORIGINATING PROPOSED RULE: Russell Hosford, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Kenneth Tucker, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 22, 2011
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 27, 2011