RULE NO: RULE TITLE
33-602.201: Inmate Property
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to: clarify distinctions in permissible use and storage of religious items; amend the list of religious items permitted for individual worship or for wearing or carrying all times; create a limitation on the amount of time inmates may possess food and drink items purchased from the canteen; clarify the number and type of envelopes inmates are permitted to possess; and specify that inmates who are transferred to a Department facility from jail have 30 days to dispose of unauthorized property.
SUMMARY: The proposed rule clarifies distinctions in permissible use and storage of religious items, amends the list of religious items permitted for individual worship or for wearing or carrying at all times, creates a limitation on the amount of time inmates may possess food and drink items purchased from the institutional canteen, clarifies the number and type of envelopes inmates are permitted to possess, and specifies that inmates who are transferred to a Department facility from jail have 30 days to dispose of unauthorized property.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. A SERC has not been prepared by the agency.
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 FS.
LAW IMPLEMENTED: 944.09 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: Kendra Lee Jowers, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-602.201 Inmate Property.

(1) The reception center Chief of Security shall ensure that property files are established for all new inmates. The inmate property file shall become part of the inmate’s institutional file. All forms and correspondence pertaining to inmate property shall be placed in this file in chronological order. The Chief of Security or his designee shall be responsible for the maintenance of the inmate property file. An addendum will be made to the Form DC6-224, Inmate Personal Property List, any time the status of inmate personal property changes. Examples of changes include when an inmate receives additional property through an approved source or when the inmate chooses to dispose of a broken or worn out item. Form DC6-224 is incorporated by reference in subsection (17) of this rule.

(2)(a) No change.

(b) After final disposition is completed, the officer shall give one copy of the receipt to the inmate along with that property the inmate is authorized by the Department to keep. Personal property remaining in the possession of an inmate is the responsibility of that inmate and not of the institution. One copy of the receipt shall be placed with any property that which is not authorized within the Department and that which is to be stored. One copy of the receipt shall be placed in the package to be mailed to the inmate’s home or to the person designated on the form; if the inmate chooses to forfeit the items, this copy of the receipt shall be given to the inmate. One copy of the receipt shall be placed in the inmate property file. The unauthorized property will be held at the institution for 30 days. During this 30 day period, the inmate shall be given an opportunity to have the items picked up by an approved visitor, relative, or friend, or to mail money or valuables to their families or other persons of their choice at no expense to the Department of Corrections. The 30 day time period will not include any time during which an appeal or grievance is pending. Persons picking up items must pre-arrange with the warden for pick-up at a specific time during administrative working hours (Monday through Friday 8:00 a.m. through 5:00 p.m.).

(3) No change.

(4) Authorized Property.

(a) The property reflected on the Approved Property List (Appendix One), in the indicated quantities, is authorized within the Department department once an inmate is permanently assigned, provided the inmate has sufficient storage space. An inmate may not use other inmates’ storage space, or other non-authorized storage containers, or store property in locations other than his their assigned housing unit.

(b) through (d) No change.

(e) Inmates shall be required to maintain receipts for items purchased from the canteen for as long as they possess the items. In instances where items purchased from the canteen are added to the Form DC6-224, Inmate Personal Property List, by the property officer, the inmate will not be required to maintain the original canteen receipt. Food and beverage items purchased from the canteen are intended for consumption, and inmates may not retain such items longer than 30 days, as evidenced by the canteen receipt. A food or beverage item shall be considered contraband if found in the possession of an inmate more than 30 days after its purchase.

(f) An inmate transferred from a jail or private prison to a Department of Corrections facility shall be permitted to retain only that property that is authorized by the Department department in Appendix One 1. Any unauthorized item will be confiscated and held by the institution for 30 days. During this 30 day period, the inmate shall be given an opportunity to have the items picked up by an approved visitor, relative or friend, or to mail the items to persons of their choice at no expense to the Department of Corrections. The 30 day time period will not include any time during which a grievance or appeal is pending.

(5) Unauthorized Property. (Also see Control of Contraband, Rule 33-602.203, F.A.C.).

(a) Property that which is considered contraband pursuant to Rule 33-602.203, F.A.C., shall be handled as provided for in Rule 33-602.203, F.A.C.

1. If an inmate receives postage stamps in the mail that which, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess stamps out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra stamps as soon as they are received. The stamps must be sent out; the institution will not store excess stamps for inmates. Excess stamps found in an inmate’s property will be considered contraband.

2. If an inmate receives photographs in the mail that which, added to the number already in his possession, place him over the maximum allowed, he shall be allowed to send the excess photographs out at his own expense. It is the inmate’s responsibility to make arrangements with staff to send out the extra photographs as soon as they are received. Excess photographs found in an inmate’s property will be considered contraband.

3. through (b) No change.

(6) Storage of Excess Legal Materials.

(a) No change.

(b) Storage of Legal Material. Each inmate is authorized to possess in his or her assigned housing area his own active or inactive legal material not exceeding the capacity of storage available in the inmate’s assigned locker.

(c) Storage of Excess Active Legal Material.

1. No change.

2. When it is determined by the assistant warden or Chief of Security chief of security that an inmate has legal material that cannot be contained in the inmate’s assigned locker, the inmate shall be given a written order from an employee of the Department department providing:

a. The inmate shall have one week (seven calendar days), to organize and inventory his or her legal material and separate excess inactive legal material from excess active legal material; and

b. If, after organizing and inventorying his or her legal material the inmate will not be able to fit his active legal material in his assigned inmate locker, the inmate shall complete Form DC6-2006, Request for Storage of Excess Active Legal Material, and Form DC6-2008, Excess Active Legal Material Inventory List, to be submitted to the warden for review. Forms DC6-2006 and DC6-2008 are incorporated by reference in subsection (17) of this rule.

3. If time is needed in excess of seven calendar days for the inmate to organize and inventory his or her legal material, the inmate shall, prior to the expiration of the seven calendar day period, submit an inmate request to the warden to ask for additional time to complete his review. The inmate shall specify the basis for the request for additional time and how much additional time will be required to complete the inmate’s organizing and inventorying of his or her legal material. The total period of time for the inmate to complete this review shall not exceed 30 calendar days.

4. In the event the inmate refuses to organize and inventory his or her legal material as ordered, the inmate shall receive a disciplinary report. If the inmate refuses to comply after being ordered a second time, the inmate shall receive a disciplinary report and the Department department shall organize and inventory the material. The inventory shall be performed in the same manner as the staff review described in subparagraph 5. below.

5. Prior to placing an inmate’s active legal material into excess storage, the inmate’s legal material shall be subject to a cursory review by Department department staff to ensure compliance with Department department rules regarding utilization of excess storage, approved property, and contraband. This review will only be conducted in the presence of the inmate. Only the case style, signature on the document (if any), and letterhead (if any) may be read. Any material that is determined by staff to not be active legal material, shall be collected by two designated employees and placed in storage box(es) with interlocking flaps for storage pending disposition. The warden or designee shall notify the inmate on Form DC6-2007, Excessive Inactive Legal Material Disposition Determination, of the determination that the inmate has 30 days to make arrangements to have the excess inactive legal material picked up by an approved visitor or sent to a relative or friend at the inmate’s expense, as provided in subparagraph (6)(c)6., or the institution will destroy it. This notification shall be provided to the inmate within three calendar days of the determination unless the inmate provides verification of a deadline that cannot be met within the three day waiting period. The 30 day limit shall not include any time that a grievance appeal is pending provided the inmate has provided the warden or the warden’s designee with the written notice required in subparagraph (6)(c)7. Form DC6-2007 is incorporated by reference in subsection (17) of this rule. For purposes of this subparagraph, the warden’s designee may include the property room supervisor.

6. No change.

7. If the inmate intends to appeal the determination and wishes to have the order to dispose of the excess inactive legal material within 30 days stayed while the appeal is proceeding, the inmate must provide written notice to the warden on Form DC6-236, Inmate Request, that he or she intends to appeal the determination to the Office of the Secretary office of the secretary. The written notice must be filed within 15 calendar days of the determination. It and shall include a statement by the inmate that the inmate intends to appeal the determination and must specifically identify the documents or papers on which the appeal is to be based. Form DC6-236 is incorporated by reference in Rule 33-103.019, F.A.C.

8. If the inmate fails to file written notice with the warden within 15 calendar days of the determination, fails to provide Form DC6-2007, Excess Inactive Legal Material Disposition Determination, as an attachment to the his or her appeal, addresses more than one issue, or in any other way violates the grievance procedure as described in Chapter 33-103, F.A.C., the his or her appeal shall be returned without response to the issue raised.

9. If the inmate’s grievance appeal is denied and the inmate wishes to appeal the determination to the courts and wishes to have the order to dispose of the excess inactive legal material within 30 days stayed while the court appeal is proceeding, the inmate must provide written notice to the warden on Form DC6-236, Inmate Request, that he or she intends to appeal the determination to the courts. The written notice must be filed within 30 calendar days of receipt of the response from the Office of the Secretary, must identify the court in which the appeal has been filed, must include a statement by the inmate that the inmate intends to appeal the determination, and must specifically identify the documents or papers on which the appeal is based.

10. If the inmate’s appeal is denied, the inmate he or she shall have 30 days to make arrangements to have the materials picked up by an approved visitor, relative, or friend, or pay to have the material sent to one of these approved individuals. If the material is not picked up or mailed out within 30 days, the institution shall destroy it.

11. Prior to being stored in excess storage, excess active legal material shall be placed in storage box(es) with interlocking flaps, shall be numbered in sequential order, and shall have the inmate’s name and Department department of corrections number clearly written on the top and side of each box. Prior to being sealed, the box(es) shall be inspected by staff, in the presence of the inmate, for contraband. Each box shall be sealed in the presence of the inmate prior to being placed into excess storage. Form DC6-2008, Excess Active Legal Material Inventory List, shall be completed or updated by the inmate before the box(es) are sent or returned to excess storage.

12. through (d) No change.

(e) Inmate Access to Excess Active Legal Material.

1. When an inmate wants access to a box of active his or her legal material stored in excess storage, the inmate shall:

a. Notify the property room officer by submitting Inmate Request, Form DC6-236, Inmate Request; and

b. through 2. No change.

3. After receipt of a box of his or her legal materials from excess storage, the inmate shall then be permitted to exchange those active legal materials in the requested box with other active legal materials in the inmate’s assigned locker.

4. through 5. No change.

(f) Transfer. An inmate being transferred to another institution shall be permitted to take along with his or her other personal property all of the inmate’s his legal material. The transferred inmate’s legal material must be maintained and possessed in accordance with the receiving institution’s available locker storage space.

(7) Impounded Property.

(a) When it is necessary to take and impound items of personal property belonging to or in the possession of an inmate, that property shall be taken, handled, processed, and secured in a manner that which will safeguard it from loss, damage, destruction, or theft while it is under the control of the Department. If the property impounded does not belong to the inmate in possession of the property, an investigation shall be conducted to determine if the owner of the property knowingly permitted the use of the property. If so, the property shall be handled as contraband. If it can be determined that the property was stolen or otherwise taken, the impounded property shall be returned to the rightful owner. Inmates must report stolen items immediately to the housing officer. The officer shall complete an incident report and an attempt will be made to locate the missing property.

(b) When personal property of an inmate is taken, it will be inventoried according to the following procedure on Form DC6-220, Inmate Impounded Personal Property List, and, whenever practical, in the presence of the inmate. Exceptions may be made when the inmate’s presence during this process jeopardizes institutional security or in times of an emergency such as a general disturbance creating security concerns. New inmates being processed into the Department department at one of the reception centers will have their property recorded on Form DC6-220, with a copy being given to the inmate. Unauthorized property will be stored pending final disposition as provided in this rule. At the time of receipt into the Department department each inmate will also sign Form DC6-226, Authorization for Disposition of Mail and Property, which authorizes the Department department to dispose of the property should the inmate abandon it. Form DC6-226 is incorporated by reference in subsection (17) of this rule.

1. through 2. No change.

3. If an inmate refuses to sign the inventory list, or is not present, that fact will be noted on the inventory and signed by the employee making the inventory and also by a second employee present.

4. through (c) No change.

(d) Authorized property impounded during a period of close management, administrative confinement, or disciplinary confinement shall be held at the institution and returned to the inmate at the end of such period.

(e) If it is appropriate to return part, but not all, of the impounded property to the inmate, the following procedure will be followed:

1. No change.

2. The remaining unauthorized impounded property shall be held by the institution for 30 days. It shall be the responsibility of the inmate to make arrangements to have the property picked up by an approved visitor, relative, or friend. In the alternative, the inmate may pay to have the property mailed to one of these approved individuals. The 30-day time period shall not include any time during which an appeal or grievance proceeding relating to the impounded property is pending. This paragraph does not apply to property that will be returned to the inmate pursuant to paragraph (7)(d) after release from close management, administrative confinement, or disciplinary confinement.

3. through (g) No change.

(h) Except in emergency situations such as transfers immediately following a disturbance or institutional evacuation, whenever an inmate is transferred from one institution to another, the inmate’s personal property and personal property file shall be transferred with him. The sending institution shall have the responsibility of ensuring that the inmate being transferred has only that property that which belongs to him and that such property is authorized. The inmate and the officer inspecting the property shall sign and date Form DC6-227, Receipt for Personal Property, at the time of transfer. Any property that is left behind or missing shall be noted on the form.

(i) If an inmate is transferred without his personal property, the property shall be forwarded to the inmate by the sending institution within five working days, or as soon thereafter as possible if conditions resulting from the emergency preclude forwarding within five days. The property, along with an itemized list, shall be placed in a sealed container for transporting. A staff member at the receiving institution shall, in the presence of the inmate to whom the property belongs, check the property against the property list to ensure that all property is accounted for. The inmate shall sign Form DC6-227, Receipt for Personal Property, when the property is given to the inmate. Any discrepancies shall be noted on the form. If the inmate refuses to sign Form DC6-227, Receipt for Personal Property, a notation to that effect shall be placed on the form and a second employee shall witness and sign the form.

(8) through (9) No change.

(10) When, with the prior knowledge of the Department, an inmate is not under the immediate control of the Department for more than 24 hours with the prior knowledge of the Department and his or her personal property does not accompany him or her, it will be inventoried and held until the inmate’s his or her return.

(11) When an inmate dies, escapes, or otherwise voluntarily abandons his or her property, the procedures listed below will be followed:

(a) through (b) No change.

(c) If this effort is successful, a signed receipt for the property will be obtained from the person taking possession of the property, and the receipt will be placed in the inmate’s personal property file.

(d) through (e) No change.

(12) The warden or his designee, shall determine how an inmate’s personal property shall be managed when the that inmate has to appear at a disciplinary hearing by evaluating the following factors:

(a) through (c) No change.

(13) The warden or his designee is authorized to require an inmate to bring all of his personal property to the disciplinary hearing if the warden or designee he determines that this is necessary after evaluating the factors set out in subsection (12) above.

(14) Missing Inmate Property.

(a) When an inmate’s property is being returned after being stored for any reason and items documented on the Form DC6-224, Inmate Property List, cannot be located, this fact shall be documented on the form. Any request for compensation or replacement of missing items shall be initiated via the inmate grievance process by the inmate whose property is missing.

(b) If the grievance is approved, the assistant warden or other designee of the warden, shall conduct an investigation of the loss. The investigation shall be completed and forwarded within 30 thirty (30) days.

(c) through (15) No change.

(16) Religious Property.

(a) Definitions.

1. Religious property – property adhering to the tenets of a particular religion, including items for wearing or carrying at all times, items for individual worship in the inmate’s cell or individual sleeping area in open dormitory style housing, and items for storage and supervised use at the institutional chapel.

2. Koofi – short, brimless cap worn by male followers of Islam.

3. Prayer rope – short, knotted rope used for individual worship by followers of the Greek Orthodox faith.

4. Prayer rug – small rug on which followers of Islam conduct individual worship.

5. Prayer shawl – shawl with tassels or twisted threads on each corner worn by followers of Judaism, Messianic Judaism, and the Assembly of Yashua for Morning Prayer and on holy days; it may be accompanied by a small cloth prayer shawl bag that is used for storing the item when it is not being worn.

6. Rakusu – small, bib-like garment worn about the neck by followers of Buddhism.

7. Runes – small tiles, each inscribed with a runic letter, used for individual worship by followers of Odinism or Asatruism.

8. Scapular – two small squares, sometimes bearing religious images or texts, connected by string and worn about the shoulders of followers of Catholicism.

9. Tarot cards – deck of 78 cards depicting spiritual entities used for individual worship.

10. Tefillin – two small leather boxes, each containing a black leather strap inscribed with religious text. The tefillin are wrapped around the body by followers of Judaism as a form of individual worship and may be accompanied by a small cloth tefillin bag that is used for storing the items when they are not being worn.

11. Tzitzit – four-cornered garment with tassels or twisted threads on each corner worn by followers of Judaism, Messianic Judaism, and the Assembly of Yashua. When the tzitzit is worn underneath the clothing, the tassels are to hang below the outer garment.

12. Yarmulke (or Kippah) – small, round cap worn by male followers of Judaism, Messianic Judaism, and the Assembly of Yashua.

13. Zafu – a meditation cushion used by followers of Buddhism.

(b) Unless otherwise prohibited by Department rule, inmates Inmates shall be permitted to possess, for personal use, the following religious items or material:

1. religious Religious publications as defined in Rule 33-503.001, F.A.C., for personal use that are in compliance with admissibility requirements of Rule 33-501.401, F.A.C.

(c) Unless otherwise prohibited by Department rule or by paragraph (e) of this subsection, inmates shall be permitted to possess the following items adhering to the tenets of a particular religion for wearing or carrying at all times or for use during individual worship in their assigned cell or individual sleeping area if assigned to open dormitory housing. Such religious items must be documented on Form DC6-224, Inmate Personal Property List. When an inmate makes a change in religious preference, the inmate must dispose of all of the items associated with the previous religion unless such items are also associated with the new religious preference. Disposal may be by mailing at the inmate’s expense or by waste disposal and must be done before the inmate shall be permitted to possess items adhering to the new religious preference. An inmate shall be allowed to maintain the following religious items in his individual housing unit unless specific and definable security concerns require storage and usage elsewhere. An inmate shall not be transported to the chapel for the purpose of using an item for individual worship if the inmate possesses the item in his housing area; however, if an inmate does not possess a necessary item for individual worship in his housing area and the item is available at the institutional chapel, the inmate shall not be prohibited from being transported to the chapel for the purpose of using the item for individual worship.

1.2. Religious items Items adhering to the tenets of a particular religion for wearing or carrying at all times or use during individual worship. Items may include:

a. Jewish – black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

b. Catholic – devotional scapular worn underneath the clothing rosary beads;

c. Muslim – white prayer rug, koofi for men, white or blue headscarves for women with a possession limit of four scarves;

d. Native American – medicine bag, headband, feather and;

e. Assembly of Yashua – black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt; Asatru or Odinism – runes and accompanying cloth bag.

f. Rastafarian – white or blue headscarves for women with a possession limit of four scarves;

g. Messianic Jewish – black yarmulke, white tzitzit worn underneath the clothing with the fringes permitted to hang below the bottom of the shirt;

h. One set of prayer beads, such as Rosary, Dhikr, Orisha, Mala, or Japa-Mala beads;

i.3. One religious symbol or medallion, Religious symbols such as a cross, Star of David, or talisman, or other religious medallion. Religious symbols shall not be more than 2 inches in length or diameter, and. Religious symbols and items worn about the neck shall be worn under the shirt on a jewelry-type chain. Religious symbols that are designed to be affixed to clothing with a pin are not permitted.

2. Religious items for individual worship in an inmate’s assigned cell or individual sleeping area:

a. Jewish – prayer shawl (white or white with colored trim) no larger than 72'' x 72'', one set of tefillin;

b. Muslim – prayer rug no larger than 30'' x 42'';

c. Asatru or Odinism – runes and accompanying cloth bag;

d. Greek Orthodox – prayer rope;

e. Buddhist – black or brown Rakusu;

f. Assembly of Yashua – prayer shawl (white or white with colored trim) no larger than 72'' x 72'';

g. Messianic Jewish – prayer shawl (white or white with colored trim) no larger than 72'' x 72'';

h. No more than two pictures or images depicting gods, saints, or other religious or spiritual entities. Such pictures or images may be no larger than 8.5 x 11 inches.

(d)(b) Religious items to be stored and used in the chapel. The Inmates shall not be permitted to possess the following religious items or materials which adhere to the tenets of a particular religion for individual worship or group worship which pose a general security risk when allowed in an inmate’s cell or sleeping area if assigned to an open dormitory housing unit dorm. Inmates shall be permitted to use the following religious items or materials only under the supervision of the chaplain or an approved volunteer, and these items shall be stored in the chapel:.

1. Tarot cards Jewish – prayer shawl, tefillin;

2. Wiccan – stones or crystals tarot cards; and

3. Buddhist – meditation cushion or Zafu.

(e) Limitations on Use of Religious Property.

1. Inmates in a transitional care unit, an isolation cell, observation cell, isolation management room, crisis stabilization unit, on self-harm observation status, or housed at Corrections Mental Health Institution (CMHI) are not permitted to store or use religious property, other than religious publications as provided in paragraph (a) of this subsection, without review and approval by the inmate’s Multidisciplinary Services Team.

2. Inmates on close management or maximum management status and inmates in disciplinary or administrative confinement shall be permitted to possess items for wearing or carrying at all times and items for individual worship unless the warden or designee finds that the inmate’s possession of the item poses a specific and definable safety or security threat. In determining whether an item presents a specific and definable threat, the following shall be considered:

a. The physical characteristics of the item and the particular dangers to security, inmate and staff safety, and institutional order that the item presents;

b. Limitations on possession or access, if any, that may be dictated by the characteristics of the inmate’s custody classification or management status.

(c) Inmates shall not be permitted to possess religious items or materials intended for use in group worship. These group worship items shall not be stored at the institution, but may be brought in by volunteers for the religious observance. Group worship items include:

1. Alcoholic beverages or wine;

2. Wiccan – stones or crystals.

(f)(d) Religious property and other religious items shall be acquired through an authorized vendor, canteen purchase, or bona fide religious organization, or donor.

(g)(e) The chaplain at the institution shall serve as advisor to staff and inmates in the area of religious property listed in paragraphs (c) and (d) of this subsection at the institution. Should issues arise concerning the appropriateness of any particular religious item that is alleged to be permitted by this subsection, the institutional chaplain will evaluate the item in conjunction with security staff to determine whether the item is permissible. The agency Chaplaincy Services Administrator chaplaincy services administrator shall provide advice and guidance to the Department department regarding approved religious items, religions and religious items not listed in this rule, religions and other Department department religious issues.

(h)(f) Inmate requests for religious property not listed in this rule shall be reviewed by the agency Chaplaincy Services Administrator chaplain to determine whether the item is required by the inmate’s particular religion. If the Chaplaincy Services Administrator determines that the item is required by the inmate’s religion, the agency security bureau chief shall conduct a review and security personnel to determine whether the item presents a specific and definable threat to security and order. In determining whether an item presents a threat to security and order the following shall be considered:

1. The physical characteristics of the item requested and the particular dangers to security, inmate and staff safety, and institutional order that the item presents;

2. Limitations on possession or access, if any, that may be dictated by the characteristics of a particular inmate’s custody classification or management status.

(17) No change.

Rulemaking Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–New 6-4-81, Formerly 33-3.025, Amended 11-3-87, 11-13-95, 5-20-96, 1-8-97, 6-1-97, 7-6-97, 10-15-97, 2-15-98, 3-16-98, 8-4-98, 12-7-98, Formerly 33-3.0025, Amended 11-21-00, 9-12-01, 5-16-02, 7-8-03, 8-18-04, 1-25-05, 10-23-06, 2-27-08, 12-25-08,________.

 

APPENDIX ONE
PROPERTY LIST

This list incorporates all property authorized to be possessed by inmates in all Department institutions and facilities except community correctional centers. Except for items specified below as “exemptions”, property received must be in compliance with this list. Inmates in possession of property previously approved by the Department of Corrections which meets the description of property on the list shall be allowed to retain the property. Inmates transferring to Department department facilities from private correctional facilities shall be allowed to retain only those items that are in compliance with the list of authorized property. As items sold in canteens at private facilities may differ from those sold in Department department canteens, items purchased in canteens at private facilities will not always be admissible in Department department facilities.

Definitions.

The “quantity” establishes a maximum possession limit. This does not mean that all state issue items will be issued to each inmate, or that the maximum number of items will be issued. Items found in the possession of an inmate that are in excess of the established “quantity” shall be treated as contraband in accordance with Rule 33-602.203, F.A.C. Where there is a “value” indicated, the authorized item shall not exceed that value. The terms “canteen” and “state issue” refer to the sources from which property can be obtained after January 1, 1996. All items with the “canteen” designation shall be available in all institutional canteens or through canteen order. All canteen items are transferable between institutions. “State issue” means that the institution has the authority to issue this item to inmates based upon the character of the institution, the location of the institution, the housing or work assignment of the inmate, or other factors related to institution or inmate needs. Institutions housing death row inmates shall make adjustments to this property list when possession of listed items by death row inmates would create a threat to the security of the institution.

Exemptions.

Inmates already in possession of the following previously approved items shall be allowed to retain the items until they are no longer serviceable, but shall not be allowed to replace them with like items.

– Clothing items of a different color than specified on the property list.

– Locks other than V68 series

– Plastic bowls, tumblers, cups and lids

– Pantyhose

– Nail clippers larger than 2-1/2''

AUTHORIZED PROPERTY LIST
	CLOTHING
	Quantity	Unit	Value	Articles
	1	each		Athletic Bra (canteen female only)
	1	each		Belt (state issue)
	4	each		Bras (state issue or canteen female only)
	1	each		Coat (state issue)
	3	each		Dresses (state issue female only)
	1	pair		Gloves, work (state issue)
	4	each		Handkerchief, cotton, white only (canteen)
	1	each		Hats (state issue)
	2	pair		Pajamas long (state issue or canteen) Light blue or white female only Light blue male
	7	each		Panties (state issue or canteen female only)
	3	each		Pants (state issue)
	1	each		Raincoat or Poncho clear (state issue or canteen)
	1	each		Robe (state issue female only)
	3	each		Shirt, outer (state issue)
	4	each		Shirt, T-Shirt (state issue or canteen order gray for female, white for male) *inmates may possess both state-issue and canteen-purchased shirts, but the total combined number cannot exceed 4.
	1	pair		Shoes, Athletic (canteen)
	1	pair		Shoes, Work (state issue)
	2	each		Shorts, athletic (navy blue) (canteen)
	1	each		Shower cap, clear only (female only) (canteen)
	1	pair		Shower slides (canteen)
	3	each		Slips (state issue female only)
	6	pair		Socks (state issue or canteen)
	1	each		Supporter, athletic (male only) (canteen)
	2	each		Sweatshirts (gray only) (canteen order)
	4	each		Undershorts (male only) (state issue or canteen)
	2	each		Underwear, thermal (state issue or canteen)
PERSONAL ARTICLES
	Quantity	Unit	Value	Articles
	Number in use			Batteries (canteen)
	25	each		Roller clips plastic only (females only), (canteen)
	*			Books (legal, educational, religious, fiction) * Quantity as specified by Rule 33-501.401, F.A.C.
	1	package		Breath tablets (canteen)
	1	each		Calendar, as specified by Rule 33-501.401, F.A.C.
	*			Canteen purchases * limited by approved storage space;
	1	set		Checkers (light wood or plastic, standard checkers only) (canteen order)
	1	set		Chess (light wood or plastic, 2 inches max. height) (canteen order)
	1	each		Coffee mug plastic (canteen)
	1	each		Comb-pocket type, no handles (non-metal) (state issue or canteen)
	*			Correspondence * limited by storage space limitations
	1	pack		Cotton swabs (plastic or paper stems only) (canteen)
	2	each		Crème rinse and conditioner (canteen)
	1	each		Cup, drinking plastic (canteen)
	1	package		Dental floss, (floss loops only), unwaxed (canteen)
	1	each		Denture adhesive (state issue or canteen)
	1	each		Denture cup (canteen order)
	2	each		Deodorant and antiperspirant (no aerosols) (canteen)
	1	set		Domino (light wood or plastic, standard size) (canteen order)
	1	pair		Earphone pads (replacement) (canteen order)
	1	pair		Ear rings, post type (female only) (canteen order)
	*			Educational supplies (items must be pre-approved for vocational education or correspondence study programs. Items are authorized only for the duration of the course)
	1	pack		Emery board cardboard (canteen)
	25 1 5	pack each each		Envelopes legal (#10 size) and oversized (canteen) Envelopes oversized (10'' x 13'') (canteen)
	*			Envelopes, self-addressed stamped * the total in the inmate’s possession shall not exceed the limit of 1 pack.
	2	each		Eyeglasses, case, contact lens and solutions (state issue or personal; “personal” means that inmates already in possession of these items will be allowed to retain them, but any future items will be provided by the institution if needed.) Contact lenses will only be provided if medically indicated
	1	each		Eye shadow, eyeliner, mascara, eyebrow pencil, blemish preparation, lipstick, blemish and spot cover-up, lip coloring (female only) (canteen)
	1	box		Feminine hygiene products (internal and external) (female only) (state issue or canteen)
	* 20			File folders (*limited by storage space) Greeting cards and accompanying envelopes
	1	each		Hairbrush nonmetal, handles for females only (canteen)
	2	each		Hairdressing (styling gel, pink oil, cholesterol, perm kit female only) (no aerosols) (canteen)
	1	each		Hair net (female only) (canteen)
	25	each		Hair rollers (female only) (canteen)
	2	each		Handballs or racketballs (canteen)
	1	each		Headphones for use with radio (canteen)
	1	each		Health aids headache and cold remedies, antacids, antifungal preparations, cough drops, nasal spray, etc. No imidazoline, tetrahydrozaline, or hydrochloride compounds (canteen as approved by health services)
	2	each		Hearing aid (state issue or personal)
	*			Hobby craft at locations where program exists and subject to storage space limitations
	1	each		Insect repellant (canteen)
	1	each		Jigsaw puzzle (canteen order)
	1	each		Laundry bag (state issue or canteen)
	1	each		Lighter, disposable (approved type) (canteen)
	1	each		Lip balm (canteen)
	1	each		Locks, combination (V68 series) (canteen)
	1	each		Make-up bag, clear only (female only) (canteen)
	1	each		Mirror plastic, nonbreakable, 5'' × 7'' max. (canteen)
	1	each		Moisturizer no mineral oils, no vaseline (canteen)
	1	each		Mouthwash (canteen)
	1	each		Nail clippers, not to exceed 2 1/2'' (canteen)
	2	pack		Notebook paper (canteen)
	4	each		Pens, ballpoint, flair-type, pencils with erasers, or security pens, no markers (canteen)
	*			Periodicals * as specified by Rule 33-501.401, F.A.C., and storage space limitations
	1	each		Photo album, non-metal (canteen)
	50	each		Photographs (personal)
	2	decks		Playing cards (standard) (canteen)
	5	each		Pony tail holder (fabric) or hair claws (plastic) (female only)
	1	each		P.R.I.D.E. service pin (issued to inmate from P.R.I.D.E.) Prosthesis * as approved by health services
	*
	1	each	50.00	Radio, DC/AM/FM only, “Walkman” type, maximum 4'' × 5'' (canteen)
	1	each		Razor, disposable (state issue)
	1	each	50.00	Razor, battery operated, non-rechargeable (canteen order)
	*			Religious requirements as approved by chaplaincy services, (examples: head covering, prayer rug)
	1	each	50.00	Religious medallion with chain (personal or provided by Chaplain)
	1	each	100.00	Ring, engagement (personal, female only)
	1	each	100.00	Ring, wedding (personal)
	1	each		Roller cap, clear only (female only) (canteen)
	1	set		Scrabble (canteen order)
	2	each		Shampoo (canteen)
	1	each		Shaving cream (canteen)
	1	each		Shaving powder (canteen)
	1	pair		Shoe laces (canteen)
	1	each		Shoe wax (Liquid only, non flammable, no nitrobenzene; canteen)
	2	each		Soap, bath (state issue or canteen)
	1	each		Soap dish (canteen)
	1	each		Soap, laundry (female only) (canteen)
	*			Special needs * special devices as approved for compliance with medical needs
	1	each		Spoon, plastic (canteen)
	40	each		Stamps (the equivalent of 40 1-ounce 1st class) (canteen)
	1	each		Sunglasses, no mirror type (canteen)
	1	each		Sunscreen lotion (canteen)
	1	each		Talcum powder (canteen)
	1	each		Toothbrush (state issue or canteen)
	1	each		Toothbrush holder (canteen)
	2	each		Toothpaste and Toothpaste with mouthwash (state issue or canteen)
	2	each		Towels (state issue)
	1	each		Wallet (canteen)
	1	each	50.00	Watch (personal or canteen)
	1	each		Watch band (nylon and Velcro only) (canteen)
	2	each		Washcloths (state issue or canteen)

NAME OF PERSON ORIGINATING PROPOSED RULE: George Sapp, Deputy Secretary of Institutions
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Walter A McNeil, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 2, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 16, 2009