33-203.201: Inmate Trust Fund
PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to eliminate language concerning Social Security benefits, as inmates incarcerated for more than 30 days are ineligible to receive Social Security benefits or federal disability benefits.
SUMMARY: The proposed amendment to Rule 33-203.201, F.A.C., removes language addressing attachment, levy, and seizure of inmates’ Social Security and Veteran’s Affairs pensions benefits, as inmates incarcerated more than 30 days are ineligible under federal law to receive such benefits.
SUMMARY OF STATEMENT 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: 944.09, 944.516, 945.215 FS.
LAW IMPLEMENTED: 17.61, 57.085, 717.113, 944.09, 944.516, 945.091, 945.215 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, Office of the General Counsel, Department of Corrections, 2601 Blair Stone Road, Tallahassee, Florida 32399-2500
THE FULL TEXT OF THE PROPOSED RULE IS:
33-203.201 Inmate Trust Fund.
(1) No change.
(2)(a) No change.
(b) In accordance with 38 U.S.C. 5301 and 42 U.S.C 407, Veterans Administration (VA) and Social Security (SS) benefit checks are exempt from attachment, levy or seizure. The Department shall not place liens on the inmate’s trust fund account for medical co-payments, legal copies, or other Department generated liens for VA and SS benefits checks mailed directly to the Bureau of Finance and Accounting, Inmate Trust Fund Section.
(c) through (d) No change.
(3) through (12) No change.
Specific Authority 944.09, 944.516, 945.091, 945.215 FS. Law Implemented 17.61, 57.085, 717.113, 944.09, 944.516, 945.091, 945.215 FS. History–New 1-27-86, Amended 7-16-89, 5-1-90, 3-2-92, 6-2-92, 8-25-92, 10-19-92, 4-13-93, 5-28-96, 6-15-98, Formerly 33-3.018, Amended 5-7-00, 7-13-03, 10-20-03, 1-23-05, 5-12-05, 11-12-06, 9-2-08,___________.