33-601.720: Sex Offender Visiting Restrictions
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify sex offender and child abuse offender visitation restrictions.
SUMMARY: The proposed rule clarifies language regarding sex and child abuse offender visiting restrictions to ensure consistency with Section 944.09, Florida Statutes. The title of the rule is amended to reflect that the rule addresses certain child abuse offenders who have not been convicted of sex-related crimes.
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, 944.23 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23 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:
33-601.720 Sex Offender and Child Abuse Offender Visiting Restrictions.
(1) An inmate shall not be authorized to visit with any person seventeen years of age or younger if both paragraphs (a) and (b) below apply:
(a) The If the inmate has a current or prior conviction under Chapter 794, 800, 827, or 847, F.S., and;:
1. Chapter 794, F.S. – sexual battery,
2. Chapter 800, F.S. – lewdness; indecent exposure,
3. Chapter 827, F.S. – abuse of children,
4. Chapter 847, F.S. – obscene literature; profanity, and
(b) The conviction was for committing or attempting to commit aggravated child abuse or committing or attempting offense reveals that the inmate committed or attempted to commit aggravated child abuse or attempted to commit a sex act on, or in the presence of, or against a person fifteen years old or younger.
(c) No change.
(d) Current and prior convictions from other jurisdictions comparable to the offenses listed above, also serve as a basis for imposing visiting restrictions.
(e) No change.
(2) A warden is authorized to approve a visit between a minor who is accompanied by an authorized adult and an inmate who meets the criteria in subsection 33-601.720(1), F.A.C., above if visiting is not restricted by court order and the warden determines the visit to be in the minor’s best interest. Factors to be considered are:
(a) through (4) No change.
(5) If visitation is recommended, the custodial parent or guardian of the child must complete and sign Form DC6-138, Consent for Visitation with Minor Child. Form DC6-138 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, Office of Research, Planning and Support Services, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500. The effective date of this form is 5-29-03.
(6) The warden is authorized to modify the visiting status if factors materially affecting the visiting privilege decision, such as a guilty finding for one of the disciplinary infractions listed in subsection (3) above, change. Modification of privileges and court modifications of previously imposed visiting restrictions shall be documented in the AVR by institutional staff.
Rulemaking Specific Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-29-03, 9-29-03, 4-17-05, 4-10-08,________.
Editorial Note: Formerly 33-601.707, F.A.C.