33-601.726: Visitor Searches
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to transfer via rulemaking Forms DC1-803 and DC1-804 from Rule 33-601.737, F.A.C., to this rule and to remove reference to hats.
SUMMARY: Forms DC1-803 and DC1-804 are being transferred to this rule and out of Rule 33-601.737, F.A.C., and the rule removes reference to hats.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
Based on analysis from the Bureau of Institutions, Security Operations, and the Bureau of Classification and Central Records, the rule only affects internal management matters relating to visitation and will not have an impact on small business or the private sector; accordingly, the rule is not expected to require legislative ratification.
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 FS.
LAW IMPLEMENTED: 20.315, 944.09, 944.23, 944.47, 944.8031 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 Jowers, 501 South Calhoun Street, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-601.726 Visitor Searches.
(1) No change.
(2) Authorized visitor searches include:
(a) Search of the interior and exterior of any hand-carried item.
1. No change.
2. If the item would be damaged, destroyed, or impaired by the search, the visitor shall not be allowed to bring the item into the institution.
(b) through (c) No change.
(d) Removal of and searching inside the visitor’s
hat, shoes and gloves;
(e) Removal of any clothing such as scarves, overcoats, or sweaters worn over a visitor’s first layer of exterior clothing
, and a search by visual inspection and touching of the interior and exterior and pockets of such clothing;
(f) through (i) No change.
(j) Careful search by touching of clothing worn next to the body such as stockings, socks, and diapers, using sufficient pressure to detect contraband items. If it is necessary to remove the diaper of an infant or toddler, written consent from the parent, legal guardian, or authorized adult shall be obtained as provided in subsection (3), and it shall be done in the privacy of a search room and by an officer of the same sex.
(3) The visitor shall be instructed to sign Form DC1-803,
an Unclothed Body Search Consent , Form DC1-803, if specific factual reasons support the suspicion that contraband is concealed on a visitor’s person , and this suspicion is not resolved by a less intrusive search. The parent, legal guardian, or authorized adult shall sign the consent form if a minor is to be searched. Form DC1-803 is hereby incorporated by reference in Rule 33-601.737, F.A.C. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is 11-18-01.
(a) No change.
(b) The visitor shall also be asked to sign Form DC1-804,
a Consent to or Notification of Search , Form DC1-804, if reasons exist to search the visitor’s vehicle. Form DC1-804 is hereby incorporated by reference in Rule 33-601.737, F.A.C. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is 11-18-01. Visiting shall be denied if the visitor refuses to give written consent to search the vehicle.
(4) through (5) No change.
Specific Authority 944.09 , 944.23 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 1-25-05,_________.