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 rule is to subdivide and revise disciplinary charges for clarity and tracking purposes.
SUBJECT AREA TO BE ADDRESSED: Inmate discipline – penalties for misconduct.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT 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.

		Maximum Disciplinary Actions
SECTION 1 ASSAULT, BATTERY, THREATS, AND DISRESPECT
~~1-1~~	~~Assault or battery or attempted assault or battery, with a deadly weapon~~	~~60 DC + All GT~~
~~1-2~~	~~Other assault or battery or attempted assault or battery~~	~~60 DC + 180 GT~~
1-1~~1-3~~	No change.	No change
1-2~~1-4~~	No change.	No change
1-3~~1-5~~	No change.	No change
1-4~~1-6~~	No change.	No change
1-5	Aggravated battery or attempted aggravated battery on a correctional officer	60 DC + All GT
1-6	Aggravated battery or attempted aggravated battery on staff other than correctional officer	60 DC + All GT
1-7	Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.)	60 DC + All GT
1-8	Aggravated battery or attempted aggravated battery on an inmate	60 DC + All GT
1-9	Aggravated assault or attempted aggravated assault on a correctional officer	60 DC + All GT
1-10	Aggravated assault or attempted aggravated assault on staff other than correctional officer	60 DC + All GT
1-11	Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.)	60 DC + All GT
1-12	Aggravated assault or attempted aggravated assault on an inmate	60 DC + All GT
1-13	Battery or attempted battery on a correctional officer	60 DC + All GT
1-14	Battery or attempted battery on staff other than correctional officer	60 DC + All GT
1-15	Battery or attempted battery on someone other than staff or inmates (vendor, etc.)	60 DC + All GT
1-16	Battery or attempted battery on an inmate	60 DC + All GT
1-17	Assault or attempted assault on a correctional officer	60 DC + 180 GT
1-18	Assault or attempted assault on staff other than correctional officer	60 DC + 180 GT
1-19	Assault or attempted assault on someone other than staff or inmates (vendor, etc.)	60 DC + 180 GT
1-20	Assault or attempted assault on an inmate	60 DC + 180 GT
SECTIONS 2-8 No change.
SECTION 9 MISCELLANEOUS INFRACTIONS
9-1 through 9-7 No change.
9-9	Tattooing, or being tattooed, or body art to include body piercing, scarring or other non-life threatening acts.	30 DC + 60 GT
	9-10 through 9-29 No change.
~~9-30~~	~~Self-Mutilation includes self-disfigurement~~
	~~such as body piercing, scarring or other~~
	~~non-life threatening acts. Determination of~~
	~~whether an act constitutes self-mutilation~~
	~~as opposed to a suicide attempt shall be made by~~
	~~health care staff.~~	~~30 DC + 60 GT~~
9-30 ~~9-31~~	No change.	No change.
9-31 ~~9-32~~	No change.	No change.
9-32 ~~9-33~~	No change.	No change.
9-33 ~~9-34~~	No change.	No change.
9-34 ~~9-35~~	No change.	No change.
9-35 ~~9-36~~	No change.	No change.
SECTIONS 10. through 11. No change.

Specific 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,__________.