33-501.302: Copying Services for Inmates
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend Rule 33-501.302, F.A.C. to clarify that copying services shall only be provided for documents already in the inmate’s possession. The rule is also amended regarding inmate requests for records made during the course of discovery: inmates shall produce an order or pleading requiring production of records, that the rule does not provide for placement of a lien when copying documents requested during the course of discovery, and copies of documents requested during the course of discovery will not be provided unless inmates have sufficient funds to cover the cost of the copying.
SUBJECT AREA TO BE ADDRESSED: Copying services for inmates.
SPECIFIC AUTHORITY: 944.09, 945.6038 FS.
LAW IMPLEMENTED: 944.09, 945.6038 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: Jamie Leigh Jordan, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-501.302 Copying Services for Inmates.
(1) All institutions and facilities shall provide photographic copying services to inmates submitting legal documents and accompanying evidentiary materials to judicial or administrative forums. Copying services as described in this rule shall only be provided for documents already in the inmate’s possession. An inmate wishing to obtain documents from the department shall utilize Rule 33-601.901, F.A.C., or the discovery process in active litigation. No provision of this section shall be implemented in such a way as to conflict with any administrative order, administrative rule, judicial rule or judicial order.
(2) No change.
(3) Documents will be copied only if they are necessary to initiate a legal or administrative action or if they must be filed or served in a pending legal or administrative action. Except as otherwise provided in this rule, the number of copies made shall be the number required to be filed and served according to the rules of the judicial or administrative forum, or required per order of the judicial or administrative forum, plus one copy for the inmate to keep if the original is filed or served.
(a) through (c) No change.
(d) Requests for records made during the course of discovery. Inmates shall produce an order from a judicial or administrative forum, or pleading from opposing litigants or opposing counsel, requiring the production of records prior to copying. Only the specific records requested shall be copied and only one copy of the records shall be provided unless a judicial or administrative forum orders otherwise. If the discovery request relates to a civil proceeding, the inmate shall be charged for the copies as provided in this section.
(4) through (7) No change.
(8) Requests for records made during the course of discovery. Inmates shall produce an order from a judicial or administrative forum, or pleading from opposing litigants or opposing counsel, requiring the production of records before being allowed to examine the records. Copies will not be provided unless the inmate has a sufficient balance in his account, unencumbered by liens, to cover the cost of the copying.
(9)(8) No change.
Specific Authority 944.09, 945.6038 FS. Law Implemented 944.09, 945.6038 FS. History–New 10-6-83, Formerly 33-3.051, Amended 6-13-88, 8-20-89, 2-12-91, 4-10-94, 4-21-96, 6-29-98, Formerly 33-3.0051, 33-602.405, Amended 4-29-04, 8-5-07,________.