RULE NO: RULE TITLE
33-401.401: Use of Tobacco Products
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to restrict possession of tobacco products by inmates in special housing statuses.
SUBJECT AREA TO BE ADDRESSED: inmate possession of tobacco products.
SPECIFIC AUTHORITY: 944.09, 944.115 FS.
LAW IMPLEMENTED: 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 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:

33-401.401 Use of Tobacco Products.

(1) through (5) No change.

(6) Inmates in administrative confinement, disciplinary confinement, close management, and maximum management housing at all institutions shall not be allowed to possess any tobacco products or lighters.

(7) Inmates on death row at Union Correctional Institution shall be limited to purchase of 2 packages of tobacco products (cigarettes or smokeless tobacco) per week, and shall not exceed the possession limit of 2 packages. Inmates on death row at Union Correctional Institution shall not be allowed to possess lighters; lighting devices are available on the recreation yards. Inmates on death row at Florida State Prison shall not be allowed to possess lighted tobacco products or lighters, and shall be limited to purchase of 1 package of smokeless tobacco per week, with a possession limit of 1 package.

(8)(6) No change.

(9)(7) No change.

Specific Authority 944.09, 944.115 FS. Law Implemented 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 FS. History–New 12-31-80, Formerly 33-20.01, Amended 3-12-86, 2-24-92, 1-4-94, Formerly 33-20.001, Amended 2-3-00, 10-1-03,________.