RULE NO: RULE TITLE
33-401.401: Use of Tobacco Products
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to limit the amount of tobacco consumed by inmates, limit the availability of tobacco as contraband in the institutions, and increase the overall health of inmates and employees.
SUMMARY: The proposed rule restricts inmates in administrative confinement, disciplinary confinement, close management, and maximum management housing from possessing tobacco products or lighters. The rule is amended to limit inmates on death row at Union Correctional Institution to the purchase and possession of no more than two packages of tobacco products per week, restrict death row inmates from possessing lighters, and limit inmates on death row at Florida State Prison and Lowell Correctional Institution to the purchase and possession of no more than two packages of smokeless tobacco per week.
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, 944.115 FS.
LAW IMPLEMENTED: 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 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: Jamie Leigh Jordan, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-401.401 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 shall be limited to purchase of 2 packages of tobacco products per week, and shall not exceed the possession limit of 2 packages. Inmates on death row shall not be allowed to possess lighters; lighting devices are available on the recreation yards. Inmates on death row at Union Correctional Institution shall be allowed to purchase cigaretts or smokeless tobacco. Inmates on death row at Florida State Prison and Lowell Correctional Institution shall be allowed to purchase and possess smokeless tobacco products only.

(6) through (7) renumbered (8) through (9) 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,_________.