33-401.401: Use of Tobacco Products
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to specify that inmates in death row housing shall be limited to purchase and possession of no more than two packages of smokeless tobacco products per week.
SUMMARY: The proposed rule limits inmates in death row housing to purchase of two packages of smokeless tobacco products per week.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an adverse impact on small business and is not likely to directly or indirectly increase regulatory costs by more than $200,000 within one year of taking effect. 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.
RULEMAKING AUTHORITY: 944.09, 944.115 FS.
LAW IMPLEMENTED: 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE 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:
33-401.401 Use of Tobacco Products.
(1) through (6) No change.
(7) Inmates on death row shall be limited to purchase of 2 packages of smokeless tobacco products per week, and shall not exceed the possession limit of 2 packages. Inmates on death row shall not be allowed to possess lighters; lighting devices are available on the recreation yards. Inmates on death row at Union Correctional Institution shall be allowed to purchase cigarettes or smokeless tobacco. Inmates on death row at Florida State Prison and Lowell shall be allowed to purchase and possess smokeless tobacco products only.
(8) through (9) No change.
Rulemaking Specific Authority 944.09, 944.115 FS. Law Implemented 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 FS. History–New 12-31-80, Formerly 33-20.01, Amended 3-12-86, 2-24-92, 1-4-94, Formerly 33-20.001, Amended 2-3-00, 10-1-03, 6-18-08,________.