33-210.102: Legal Documents and Legal Mail
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify the handling and processing of incoming legal mail.
SUMMARY: The proposed rule eliminates the requirement that incoming legal mail be marked as “legal” or “confidential” in order to be processed as legal rather than routine mail; clarifies that staff are to remove any unauthorized packaging before delivering the contents of incoming legal mailings to inmates; and amends form DC2-522, Incoming Legal and/or Privileged Mail Log, to add columns for staff to indicate an inmate’s housing and job assignment.
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: 20.315, 944.09, 944.11 FS.
LAW IMPLEMENTED: 944.09, 944.11 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: Perri King Dale, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-210.102 Legal Documents and Legal Mail.
(1) No change.
(2) Legal mail shall be defined as mail to and from the following entities:
(a) Municipal Mail to and from municipal, county, state and federal courts.
(b) State Mail to and from state attorneys.
(c) Private Mail to and from private attorneys.
(d) Public Mail to and from public defenders.
(e) Legal Mail to and from legal aid organizations.
(f) Mail to and from Agency clerks Clerks.
(g) Government Mail to and from government attorneys.
(3) through (7) No change.
(8) Processing of Legal Mail.
(a) through (b) No change.
(c) No packaging other than standard envelopes shall be given to inmates. The following types of packaging shall be removed by staff before providing the contents to the inmate: boxes, padded envelopes, envelopes that include metal parts, multilayer packaging, bubble wrap, packing peanuts, or other forms of extra packaging.
(d) The sender of incoming legal mail shall mark the outside of the envelope “legal-confidential,” “legal-open only in the presence of the addressee,” or similar language which would put the reader on notice that the mail is legal mail of a confidential nature. Mail from the courts subject to public inspection under Chapter 119, Florida Statutes, need not be marked as legal mail. Incoming mail that is not marked as legal pursuant to this paragraph shall be treated as routine mail and shall be opened and examined, and is subject to being read by a designated employee outside the presence of the inmate.
(e) through (i) renumbered (d) through (h) No change.
(9) through (14) No change.
(15)(a) All incoming legal mail received for an inmate shall be entered on Form DC2-522, the Incoming Legal And/Or Privileged Mail Log, Form DC2-522. The form shall include the inmate’s name, DC number, the date the mail was received by the institution, the full address of the sender, the date the mail was received by the inmate, the signature of the inmate, and the initials of the mailroom officer who is present when the inmate signs for receipt of the mail. Form DC2-522 is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of the form is _________ 4-23-09.
(b) No change.
Rulemaking Specific Authority 20.315, 944.09, 944.11 FS. Law Implemented 944.09, 944.11 FS. History–New 10-8-76, Amended 4-19-79, 7-2-81, 6-8-82, 9-23-85, Formerly 33-3.05, Amended 10-7-86, 8-20-89, 4-4-91, 9-1-93, 4-28-96, 2-12-97, 5-25-97, 10-7-97, 12-7-97, 2-15-98, Formerly 33-3.005, Amended 12-20-99, Formerly 33-602.402, Amended 5-5-02, 12-4-02, 5-11-03, 8-25-03, 9-20-04, 12-23-07, 4-23-09,________.