8166059, 33-601.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8166059

Notice of Development of Rulemaking

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

CLASSIFICATION AND CENTRAL RECORDS

Overview

RULE:

33-601.101

Incentive Gain Time

PURPOSE:

Rule amended to clarify that only inmates who are found guilty of disciplinary reports on or after July 15, 2009 are eligible for the shortened ineligibility periods that were promulgated on that date. The change is necessary to clarify that the reduced periods of ineligibility are not, and were not intended to be, retroactive from the date of their promulgation. Language in the rule stating that “[a]ny inmate who is found guilty of a disciplinary report on or after April 21, 1996… shall be eligible to earn incentive gain time as follows” was placed in the rule only to ensure prospective application of a prior rule change in accordance with Britt v. Chiles, 704 So. 2d 1046 (Fla. 1997); this language is no longer necessary and will be amended to state that inmates found guilty of a disciplinary report on or after July 15, 2009 shall be eligible to earn incentive gain time pursuant to the provisions of the rule.

SUBJECT:

Incentive Gain Time.

RULEMAKING AUTHORITY:

944.09, 944.275, 944.281 FS.

LAW:

944.09, 944.275, 944.281, 944.801(3)(i)5. FS.

PRINT PUBLISH DATE:

1/22/2010 Vol. 36/03

RELATED STATUTES
AND LAWS:

944.09, 944.275, 944.281 FS., 944.09, 944.275, 944.281, 944.801(3)(i)5. FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=33-601.101&PDate=1/22/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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