Notice of Change/Withdrawal

33-601.202: Use of Inmates in Public Works
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 48, December 4, 2009 issue of the Florida Administrative Weekly.

33-601.202 Use of Inmates in Public Works.

(1) through (5) No change.

(6) Non-department supervisors.

(a) Individuals other than Department of Corrections employees may supervise minimum and community custody inmates under this rule only upon the approval of the warden or designee. In making this determination, the warden or designee shall consider the following:

1. The individual’s criminal history as determined by an initial National Crime Information Center/Florida Crime Information Center (NCIC/FCIC) NCIC/FCIC background check;

2. through 4. No change.

(b) through (d) No change.

(e) The warden may suspend or revoke a non-department supervisor’s authorization to supervise when an incident occurs or when the warden receives information indicating that the individual is unable or unwilling to safely and effectively supervise inmates participating in a public works program. Incidents and information that may subject a non-department supervisor to suspension or revocation include:

1. Criminal history or activity;

2. Failure to maintain required training;

3. Failure to ensure that inmates follow safety requirements, such as hazardous materials handling requirements, vision and hearing protection requirements, and sanitary practices;

4. Allowing inmates to use or handle tools and equipment for which they have not been trained;

5. Failure to inventory and account for tools and equipment;

6. Failure to maintain communication with the institution regarding the location and operations of outside work squads;

7. Failure to report inmate injuries and misconduct;

8. Permitting inmates to use commercial or business restrooms; and

9. Failure to adequately supervise the behavior of inmates based on the inmates’ custody classification and the particular safety risks of the work assignment, and such failure to supervise results in injury, escape, escape attempt, loss or destruction of property, tools, or equipment, or inability of the squad to engage in or complete its assigned work.

(7) through (8) No change.

Rulemaking Authority 944.09, 946.40(1) FS. Law Implemented 944.09, 944.10(7), 946.002, 946.40(1) FS. History–New 6-20-84, Formerly 33-3.17, Amended 2-26-86, 10-31-86, 1-29-98, 8-13-98, Formerly 33-3.017, Amended 2-7-02, 12-28-04,________.