Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
RULE NO: RULE TITLE
33-208.506: Staff Housing Agreement Form
33-208.507: Responsibilities of Staff Housing Occupants
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide limitations on the number and type of firearms, ammunition, black powder, and smokeless propellant powder that may be stored in staff housing.
SUMMARY: The proposed amendment to Rule 33-208.506, F.A.C., amends Form DC2-808A to comply with Chapter 790, F.S. The proposed amendment to Rule 33-208.507, F.A.C., limits the number and type of firearms allowed in staff housing and requires that firearms be stored safely and securely in accordance with Section 790.174(1), F.S., limits the amount of ammunition and smokeless propellant powder or black powder.
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: 20.315, 944.09(1), 945.025(1) FS.
LAW IMPLEMENTED: 20.315, 944.09(1), 945.025(1) 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 Jordan-Nunes, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-208.506 Staff Housing Agreement Form.

(1) Any employee who is required or requests to occupy staff housing shall submit a completed Staff Housing Agreement, Form DC2-808A, for processing in compliance with the assignment criteria in Rule 33-208.504, F.A.C., herein. This form is hereby incorporated by reference, and a copy may be obtained 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 _________ April 8, 2002.

(2) through (3) No change.

Specific Authority 20.315, 944.09(1), 945.025(1) FS. Law Implemented 20.315, 944.09(1), 945.025(1) FS. History–New 9-1-88, Formerly 33-26.006, 33-602.506, Amended 8-16-00, 4-8-02, 3-30-05,          ________.

 

33-208.507 Responsibilities of Staff Housing Occupants.

(1) through (3) No change.

(4) Firearms.

(a) The warden is authorized to enforce the following maximum limits on the number and type of firearms kept in any type of staff housing, to include mobile homes. These quantities are per each occupant who is legally authorized by statute to own or possess firearms.

1. Four shotguns,

2. Four rifles, and

3. Four handguns.

(b) These weapons must be stored safely and securely in accordance with Section 790.174(1), Florida Statutes. It is unlawful to store or leave a firearm in any place within the reach or easy access of a minor under 18 years of age.

(c) Ammunition for the firearms listed above is expressly limited to a maximum of one full case per firearm.

(d) Occupants of staff housing are expressly prohibited from possessing machine guns, short barreled shotguns, short barreled rifles, destructive devices, explosives, electric weapons or devices, and dart-firing stun guns, as defined in Section 790.001, Florida Statutes.

(e) Occupants of staff housing are expressly prohibited from possessing or storing smokeless propellant powder in quantities exceeding 20 pounds, or commercially manufactured sporting grades of black powder exceeding 20 pounds.

(f) Occupants of staff housing shall follow the restrictions placed on the possession and use of BB guns, air or gas-operated guns, or electric weapons or devices by minors under 16 in accordance with Section 790.22, Florida Statutes.

Specific Authority 20.315, 944.09(1), 945.025(1) FS. Law Implemented 20.315, 944.09(1), 945.025(1) FS. History–New 9-1-88, Formerly 33-26.007, 33-602.507, Amended 8-16-00, 1-19-03, 3-30-05,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Assistant Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A. McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 8, 2008