33-203.201: Inmate Trust Fund
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend Rule 33-203.201, F.A.C., to clarify that the fee exemption for honorably discharged veterans – requires the inmate to provide notification and documentation of honorable discharge and correct the reference to provision of Florida Statutes providing for unclaimed funds to escheat to the state and the time period for retention before funds escheat.
SUBJECT AREA TO BE ADDRESSED: Inmate trust fund.
SPECIFIC AUTHORITY: 944.09, 944.516, 945.091, 945.215 FS.
LAW IMPLEMENTED: 57.085, 717.113, 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: Jamie Leigh Jordan, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
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 and $0.50 for each deposit. 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 who notify and provide documentation to the department that they have been honorably discharged.
(2)(a) through (b) No change.
(c) Deposits sent by mail are processed using an advanced high-speed processing machine which requires the use of the deposit form; the form should not be photocopied. Attempts will be made to process deposits sent without the accompanying form, but the absence of the form could cause a delay of up to 30 days to process. If staff are unable to determine to which inmate the money is being sent, the money will be returned to the sender with a request for additional information necessary to process the deposit. If staff are unable to determine to which inmate the money is being sent and are unable to return the money because the sender did not provide a valid return address, the money will be held in a clearing account until the sender or receiving inmate is identified. If the inmate remains unidentified for 1 5 years the funds shall escheat to the state as unclaimed funds held by a government agency fiduciaries in accordance with Section 717.113 Chapter 717, F.S.
(d) No change.
(3) through (4) No change.
(5) When an inmate is released from the control of the department, and his or her inmate trust account balance exceeds $1.00, the inmate's balance in the inmate trust fund at the time of discharge shall be mailed by the Bureau of Finance and Accounting, Inmate Trust Fund Section, within 45 days of the inmate’s release to the address provided by the inmate during the release process. However, if deposits of checks, money orders or other negotiable instruments have been made to the inmate’s account but have not cleared the account of the payer by the time the inmate is discharged, funds equal to the amount of the uncleared deposits shall be retained in the inmate's trust fund account. Immediately after the deposits have cleared, the balance due the inmate shall be forwarded by mail to the inmate. Inmates being released will be provided with cash for travel and related expenses. For inmates who meet eligibility requirements set forth in Rule 33-601.502, F.A.C., this money shall be in the form of a discharge gratuity. For inmates who are not eligible for discharge gratuities, a hold will be placed on the inmate’s trust account and any remaining account balance shall be forwarded as indicated above. Pursuant to Section 717.113 Chapter 717, F.S., in the event that funds are unclaimed after a period of one five years, the balance shall escheat to the state as unclaimed funds held by a government agency fiduciaries.
(6) No change.
(7) When an inmate escapes and is not captured within 30 days, any balance in his Inmate Trust Fund account, in excess of $1.00, shall be forwarded to the person designated on the inmate's notification record. If this person cannot be located after reasonable efforts, the funds shall be held for one five years and, if unclaimed, shall escheat to the state pursuant to Section 717.113 Chapter 717, F.S.
(8) through (12) No change.
Specific Authority 944.09, 944.516 945.091, 945.215 FS. Law Implemented 57.085, 717.113, 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, 11-13-06,_________.