33-602.203: Control of Contraband
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to prohibit the introduction of any firearm, ammunition, explosive substance or any instrumentality customarily used or designed to be used as a dangerous weapon as defined in Section 790.001, F.S., into or upon the grounds of an institution and to prohibit the possession or control of the same by inmates without authorization and supervision of authorized personnel.
SUMMARY: Amends the rule to prohibit the possession or control of any firearm, ammunition, explosive substance or any instrumentality customarily used or designed to be used as a dangerous weapon as defined in Section 790.001, F.S., by inmates without authorization and supervision of authorized personnel. The rule is also amended to prohibit the introduction of any firearm, ammunition, explosive substance or any instrumentality customarily used or designed to be used as a dangerous weapon as defined in Section 790.001, F.S., into or upon the grounds of an institution.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 944.09, 945.215 FS.
LAW IMPLEMENTED: 944.47, 945.215 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-602.203 Control of Contraband.
(1) No change.
(2) No inmate shall possess or have in his possession or under his control any firearm, ammunition, explosive substance, or any instrumentality customarily used or designed to be used as a dangerous weapon as defined in Section 790.001, F.S., without authorization and, or any explosive substance. Inmates may use such tools and implements as are assigned to them by and under the supervision of authorized personnel.
(3) No person, whether he be an inmate or other person, unless authorized by the warden, assistant warden, chief of security or the shift supervisor, shall introduce into or upon the grounds of an institution any of the following articles which are hereby declared to be contraband:
(a) through (b) No change.
(c) Any firearm, ammunition, explosive substance, or any instrumentality customarily used or designed to be used as a dangerous weapon, as defined in Section 790.001, F.S.
(d) through (f) No change.
(4) through (8) No change.
Specific Authority 944.09, 945.215 FS. Law Implemented 944.47, 945.215 FS. History–New 10-8-76, Amended 2-24-81, 4-18-82, 8-13-84, 2-13-85, 6-2-85, Formerly 33-3.06, Amended 2-9-87, 11-3-87, 8-14-90, 11-21-91, 1-6-94, 5-28-96, 10-26-97, Formerly 33-3.006, Amended 3-2-00, 7-8-03, 11-10-03,________.