Notice of Development of Rulemaking

DEPARTMENT OF CORRECTIONS
Rule No. : RULE TITLE :
33-401.401: Use of Tobacco Products
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to specify that inmates in death row housing shall be limited to purchase and possession of no more than two packages of smokeless tobacco products per week.
SUBJECT AREA TO BE ADDRESSED: Use of Tobacco Products.
RULEMAKING AUTHORITY: 944.09, 944.115 FS.
LAW IMPLEMENTED: 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 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, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

33-401.401 Use of Tobacco Products.

(1) through (6) No change.

(7) Inmates on death row shall be limited to purchase of 2 packages of smokeless tobacco products per week, and shall not exceed the possession limit of 2 packages. Inmates on death row shall not be allowed to possess lighters; lighting devices are available on the recreation yards. Inmates on death row at Union Correctional Institution shall be allowed to purchase cigarettes or smokeless tobacco. Inmates on death row at Florida State Prision and Lowell shall be allowed to purchase and possess smokeless tobacco products only.

(8) through (9) No change.

Rulemaking Specific Authority 944.09, 944.115 FS. Law Implemented 386.201, 386.202, 386.203, 386.204, 386.205, 386.206, 944.09, 944.115 FS. History–New 12-31-80, Formerly 33-20.01, Amended 3-12-86, 2-24-92, 1-4-94, Formerly 33-20.001, Amended 2-3-00, 10-1-03, 6-18-08,________.