Notice of Change/Withdrawal

33-602.206: Riot and Disorder Plan
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. 36 No. 44, November 5, 2010 issue of the Florida Administrative Weekly.

33-602.206 Emergency Management.

(1) Definitions.

(a) Incident Command System (ICS)where used herein, any assault, bomb threat, employee strike, escape, evacuation, fire, hazardous material or chemical spill or leak, hostage situation, medical emergency, natural or man-made disaster, pandemic, riot or disorder, or any other significant event requiring departure from normal operations a standard operating procedure that can be employed in establishing command in a correctional setting during any incident or event outside of normal operations and that provides a means for the effective management of personnel and resources that respond to the incident as it escalates.

(b) Incident commander – the individual assuming and having responsibility for the management of all incidents and events outside of normal operations.

(c) Emergency Action Center (EAC) refers to the unit located in the central office charged with receiving reports regarding incidents from Department of Corrections’ facilities and reporting the information to the proper authorities. This unit also receives requests for criminal histories, warrant confirmations, and offender location requests from law enforcement agencies throughout the United States National Incident Management System (NIMS) – a system created under Homeland Security Directive #5 (February 2003) that directs the comprehensive, national approach to incident management by federal, state, territorial, tribal, and local responders.

(2) The department will respond to all emergencies using ICS in conjunction with NIMS.

(2)(3) The department will ensure that there are critical incident response plans in place at each facility that houses inmates.

(3)(4) Upon determining that an a critical incident has occurred or is about to occur, the incident commander shall immediately notify the department’s Emergency Action Center, the appropriate prison inspector, and then the regional director. The regional director or designee shall in turn immediately notify the Office of the Secretary, and the Secretary or designee shall notify the Office of the Governor and appropriate central office personnel. Notification shall include the essential facts of the situation, and persons notified shall be kept informed of new developments as they occur by the same process.

(5) The following tactical priorities shall govern the measures taken to resolve an a critical incident:

(a) Provide for the safety, accountability, and welfare of the public, personnel, and inmates. This priority is ongoing throughout the incident.

(b) Stabilize, isolate, and contain the incident and provide for preservation of life, property, and order.

(c) Remove endangered persons and obtain treatment for the injured.

(d) Conserve expenses and damage to property.

(e) Resolve the incident and return the institution to normal operations.

(f) Ensure the identification, arrest, and prosecution of persons violating the law.

(6) Force may be used to restore order subject to the provisions of Rule 33-602.210, F.A.C.. No personal weapons or ammunition of any kind will be used except as specifically authorized by the incident commander.

(7) Until order is restored no employee shall give any information to the news media without the authority of the incident commander, regional director, or Secretary. News media representatives shall not be allowed to enter any area where active rioting is taking place. The incident commander has the responsibility of advising the news media of appropriate information, with the advice and assistance of the director of the Office of Communications.

(8) There shall be no bargaining with or concessions to inmates who continue in a state of revolt or insurrection. An appropriate official may talk to and attempt to reason with the rebellious inmates in an attempt to regain control by peaceful means. Demands of inmates that they be permitted to negotiate only with the Governor, news media, or other specified party will be refused.

(9) Dealing with inmate leaders in regard to hostages will be handled by the incident commander or other designated, trained officials of the institution or department. Immediate efforts will be directed toward the liberation of said hostages without undue delay. Any employee taken hostage has no authority regardless of his rank or position while he is a hostage. An inmate(s) who demands to be released from custody by threatening to do bodily harm to a hostage if he is not released will not be released, even if all efforts to secure the hostage fail.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.34, 944.43, 944.44, 944.45 FS. History–New 11-3-82, Formerly 33-3.16, 33-3.016, Amended________.