RULE NO: RULE TITLE
33-203.201: Inmate Trust Fund
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to provide that inmates are charged one percent of their total weekly canteen purchases and $0.50 for each deposit and inmates housed at Work Release Centers are assessed a $1.00 fee for each weekly cash draw. The rule is also amended to provide a waiver of fees for Veterans of the United States Armed Forces and reduce the maximum amount of weekly canteen purchases and weekly draw from the inmate trust fund accounts.
SUBJECT AREA TO BE ADDRESSED: Inmate trust fund fees.
SPECIFIC AUTHORITY: 944.09, 944.516, 945.091, 945.215 FS.
LAW IMPLEMENTED: 57.085, 717, 944.09, 944.516, 945.091, 945.215 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: 57.085, 717, 944.09, 944.516, 945.091, 945.215 FS.

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-203.201 Inmate Trust Fund.

(1) The following are the policies of the Department with respect to money received for the personal use or benefit of inmates:

(a) through (g) No Change.

(h) Pursuant to Section 944.516, F.S., each inmate shall be charged an administrative processing fee of no more than $6.00 per month for banking services. The fee shall be based upon account activity for the month. An inmate whose account has no activity for the month shall not be assessed a fee for that month. Inmates shall be charged one percent of their total weekly canteen purchases $1.00 for each weekly draw, and $0.50 for each deposit and each special withdrawal. Inmates housed at Work Release Centers (WRC’s) will be assessed a $1.00 fee for each weekly cash draw.  These fees are waived for Veterans of the United States Armed Forces.

(2) No change.

(3)(a) Inmates with sufficient balances in their individual inmate trust fund accounts shall be allowed to spend an amount set by the Secretary not to exceed $65.00$100 a week at the institution’s canteen for personal use. Inmates on work release with sufficient balances in their individual inmate trust fund accounts shall be allowed to request a weekly draw set by the Secretary not to exceed $65.00$100 to be expended for personal use. In order to request an expenditure of funds in excess of the authorized canteen limit or weekly draw, the inmate shall complete Form DC2-304, Inmate Trust Fund Special Withdrawal. Form DC2-304 is hereby incorporated by reference. This form may be obtained from any institution or facility or from the Bureau of Finance and Accounting, Inmate Trust Fund Section, Centerville Station, P..O. Box 12100, Tallahassee, Florida, 32317-2100 or from the Forms Control Administrator, Office of Research, Planning and Support Services, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is 7-13-03. If the withdrawal is for the purpose of making a deposit to a savings or similar interest bearing account in the inmate's name, the check drawn upon the inmate trust fund shall be made payable to the savings institution which has been chosen by the inmate, with the inmate as a reference, and shall be mailed to the savings institution. If an inmate requests a copy of a cancelled check or requests to stop payment on a check, the inmate shall be responsible for the fees charged to process these transactions. Requests for special withdrawals submitted without the required signatures or on other than the approved form will be returned to the inmate without processing. Inmates wishing to send funds to inmates at other institutions must obtain approval from the wardens at both institutions.

(b) No change.

(4) through (12) No change.

Specific Authority 944.09, 944.516 945.091, 945.215 FS.  Law Implemented 57.085, 717, 944.09, 944.516 945.091, 945.215 FS.  History--New 1-27-86, Amended 7-16-89, 5-1-90, 3-2-92, 6-2-92, 8-25-92, 10-19-92, 4-13-93, 5-28-96, 6-15-98, Formerly 33-3.018, Amended 5-7-00,7-13-03, 10-20-03, 1-23-05, 5-12-05,_____________.