33-103.005: Informal Grievance
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to provide consistency with changes to Form DC6-236, Inmate Request. Form DC6-236, incorporated by reference in Rule 33-103.019, F.A.C., is being amended to include a box that can be checked to indicate its use as an Informal Grievance; as a result, the proposed rule is amended to remove language specifically requiring an inmate to write this information on the form.
SUMMARY: The proposed rule provides consistency with changes to Form DC6-236, incorporated by reference in Rule 33-103.019, F.A.C., which is being amended to include a box that can be checked to indicate its use as an Informal Grievance. Consequently, language specifically requiring that an inmate write this information on the form is eliminated. The proposed rule also adds language regarding the time limit for filing a formal grievance.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that this rule will not have an impact on small business. 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.
SPECIFIC AUTHORITY: 944.09 FS.
LAW IMPLEMENTED: 944.09 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN 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:
33-103.005 Informal Grievance.
(1) No change.
(2) When submitting an informal grievance, the inmate shall use Form DC6-236, Inmate Request, and shall:
(a) No change.
(b) On top of the page, or on the same line reading as the word “Request”, or on the first line of the request section the inmate shall check the box to indicate that Form DC6-236 is being used as an print the words “Informal Grievance”. Failure to do this will cause the request to be handled routinely and it will not be considered an informal grievance. This will also cause the form to be unacceptable as documentation of having met the informal step if it is attached to a formal grievance submitted at the next step.
1. No change.
2. When completing the inmate request form for submission as an informal grievance, the inmate shall ensure that the form is legible, that included facts are accurately stated, and that only one issue or complaint is addressed. If additional space is needed, the inmate shall use attachments and not multiple copies of Form DC6-236. The inmate shall sign and date the form and write in his Department of Corrections number and forward the informal grievance to the designated staff person. If an inmate fails to sign his grievance, it shall result in a delay in addressing the grievance until it can be verified that it is that inmate’s grievance. Form DC6-236 is incoporated by reference in Rule 33-103.019, F.A.C.
(3) No change.
(4)(a) through (c) No change.
(d) The response to the informal grievance shall include the following statement, or one similar in content and intent if the grievance is denied: You may obtain further administrative review of your complaint by obtaining form DC1-303, Request for Administrative Remedy or Appeal, completing the form as required by Rule 33-103.006, F.A.C., attaching a copy of your informal grievance and response, and forwarding your complaint to the warden or assistant warden no later than 15 days after receipt of this response. If the 15th day falls on a weekend or holiday, the due date shall be the next regular work day.
(5) No change.
Rulemaking Specific Authority 944.09 FS. Law Implemented 944.09 FS. History–New 10-12-89, Amended 1-15-92, 12-22-92, 3-30-94, 4-17-94, 4-10-95, 8-10-97, 12-7-97, 2-17-99, Formerly 33-29.005, Amended 8-1-00, 2-9-05, 3-25-08, .