33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to create disciplinary charges associated with the use, possession, introduction, and trafficking of tobacco and tobacco products.
SUBJECT AREA TO BE ADDRESSED: Rules of prohibited conduct.
RULEMAKING AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.14, 944.279, 944.28, FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Kendra Lee Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
33-601.314 Rules of Prohibited Conduct and Penalties for Infractions.
The following table shows established maximum penalties for the indicated offenses. As used in the table, “DC” means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.
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Maximum Disciplinary Actions |
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SECTIONS 1 through 2 No change. | ||
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SECTION 3 CONTRABAND ANY ARTICLE NOT SOLD IN THE CANTEEN, OR ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A SPECIFIC PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY HOUSED | ||
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3-1 |
Possession of or manufacture of weapons, ammunition, or explosives |
60 DC + All GT |
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3-2 |
Possession of escape paraphernalia |
60 DC + All GT |
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3-3 |
Possession of narcotics, unauthorized drugs and drug paraphernalia |
60 DC + 180 GT |
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3-4 |
Trafficking in drugs or unauthorized beverages |
60 DC + All GT |
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3-5 |
Manufacture of drugs or unauthorized beverages |
60 DC + 180 GT |
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3-6 |
Possession of unauthorized beverages |
30 DC + 90 GT |
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3-7 |
Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc. |
60 DC + 180 GT |
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3-8 |
Possession of negotiables unauthorized amounts of cash where cash is permitted, cash where cash is not permitted, other inmate’s canteen coupons, other inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards or any other negotiable item which is not authorized |
15 DC + 30 GT |
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3-9 |
Possession of unauthorized or altered identification driver’s license, Social security card, cashless canteen identification card, etc. |
15 DC + 30 GT |
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3-10 |
Possession of unauthorized clothing or linen State or personal |
15 DC + 30 GT |
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3-11 |
Possession of stolen property State or personal |
15 DC + 30 GT |
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3-12 |
Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband |
15 DC + 30 GT |
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3-13 |
Introduction of any contraband |
60 DC + All GT |
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3-14 |
Possession or use of a cellular telephone or any other type of wireless communication device, or any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under Section 944.47(1)(a)6., F.S. |
60 DC + All GT |
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3-15 |
Possession of gang related paraphernalia or related material, gang symbols, logos, gang colors, drawings, hand signs, or gang related documents Possession. |
30 DC + 30 GT |
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3-16 |
Non-death row inmates possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers. |
30 DC + 60 GT |
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3-17 |
Death row inmates Possession of tobacco, other than authorized smokeless tobacco, or possession of tobacco-related products intended for use with smoking tobacco such as lighters or cigarette papers; introduction of tobacco or tobacco-related products to non-death row housing or trafficking in such products. |
30 DC + 60 GT |
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SECTIONS 4 through 11 No change. | ||
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.14, 944.279, 944.28 FS. History–New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08, 11-9-08, 5-11-09, 12-12-10,________.