Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 7, February 20, 2009 issue of the Florida Administrative Weekly.

33-501.401 Admissible Reading Material.

(1) through (16) No change.

(17) Bindings and covers.

(a) Bindings

1. through 2. No change.

3. If a publication is only available with a metal or spiral binding and no alternatives exist to allow access to it, the inmate may receive the publication only after the metal or spiral binding has been removed. The inmate shall make the decision whether to return the publication to the sender or to receive it after the institution has excised the metal or spiral binding, and the inmate may appeal an institution’s determination that the metal or spiral binding must be excised or returned. The institution shall not take any action to excise the metal or spiral binding or return the publication to sender until the inmate’s appeal is concluded or the time for appeal has passed. Documentation of the inmate agreeing to the removal of the metal or spiral bid shall be obtained prior to removal of the binding. This documentation shall at a minimum be filed in the inmate file. If the inmate does not agree or does not provide documentation that he wishes to have the metal or spiral binding removed, the publication shall be returned to the publisher or sender.

(b) Covers.

1. Due to security concerns, inmates at Florida State Prison Main Unit or in death row or close management status in any institution shall not be allowed to receive hard-cover publications. However, if a publication is unavailable in soft-cover and no alternatives exist to allow access to the publication, the inmate may receive the publication only after the hard cover has been removed. The inmate shall make the decision whether to return the publication to the sender or to receive it ~~the admissible portions~~ after the institution has excised the hard-cover, and the inmate may appeal an institution’s determination that the hard cover must be excised or returned. The institution shall not take any action to excise the hard-cover or return the publication to sender until the inmate’s appeal is concluded or the time for appeal has passed. Documentation of the inmate agreeing to the removal of the hard-cover shall be obtained prior to removal of the cover. This documentation shall at a minimum be filed in the inmate file. If the inmate does not agree or does not provide documentation that he wishes to have the cover removed, the publication shall be returned to the publisher or sender.

2. No change.

(18) through (25) No change.

Rulemaking ~~Specific~~ Authority 944.09, 944.11 FS. Law Implemented 944.11 FS. History–New 10-8-76, Amended 3-3-81, 9-24-81, Formerly 33-3.12, Amended 6-9-87, 3-11-91, 12-17-91, 3-30-94, 11-2-94, 5-10-98, 10-20-98, Formerly 33-3.012, Amended 3-21-00, 8-10-00, 10-13-02, 7-2-03, 12-30-04, 9-5-05, 8-1-06, Amended ________.