Notice of Proposed Rule

DEPARTMENT OF CORRECTIONS
Departmental
RULE NO: RULE TITLE
33-203.101: Canteen Operations
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the rule to decrease the limit on inmate weekly canteen purchases from $100 to $65.00, unless an increase up to $100.00 is approved by the Secretary for special occasions and delete language from the rule relating to investigation and recovery of minor shortages from the operator’s salary.
SUMMARY: Amends the rule to decrease the limit on inmate weekly canteen purchases from $100 to $65.00, unless an increase up to $100.00 is approved by the Secretary for special occasions and amends the rule to remove language relating to investigation and recovery of minor shortages from the operator’s salary.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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: 20.315, 944.09, 945.215 FS.
LAW IMPLEMENTED: 20.315, 944.09, 945.215, 946.002 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: Dorothy M. Ridgway, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500

THE FULL TEXT OF THE PROPOSED RULE IS:

33-203.101 Canteen Operations.

(1) No change.

(2) Each inmate shall be allowed to purchase $65.00 $100.00 of canteen merchandise on a weekly basis; unless an increase up to $100.00 is approved by the Secretary for special occasions.

(3) through (7) No change.

(8) All material shortages of inventory or money at the canteens will be formally investigated by local investigators immediately upon determining that a shortage exists. A formal investigation must include the appointment of an investigating officer and the preparation of records reflecting all aspects of the investigation, including the placement of responsibility for the shortage where possible. If the report reflects negligence on the part of an employee or inmate, the Regional Director or warden will recoup the shortage from that person or persons. If the investigation and any subsequent action does not result in recoupment of the shortage, the report will be forwarded to the Inspector General in Central Office for further disposition. Disciplinary action will be taken against inmates found to be negligent. All minor shortages, that is, those which can be recovered from the operator's salary, shall be investigated to the extent necessary to satisfy both the canteen operator and the business office staff as to the apparent cause of the shortage.

Specific Authority 20.315, 944.09, 945.215 FS. Law Implemented 20.315, 944.09, 945.215, 946.002 FS. History–New 1-20-86, Formerly 33-3.035, Amended 11-22-91, 5-25-95, 11-13-95, 5-28-96, 2-12-97, Formerly 33-3.0035, Amended 11-18-02, 12-3-03, 12-14-04, 6-16-05,__________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Millie Seay, Director of Administration
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Hieteenthia “Tina” Hayes, Acting Deputy Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 8, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 21, 2006