WILTON SIMPSON

CHRIS SPROWLS

President

Speaker
THE FLORIDA LEGISLATURE

JOINT ADMINISTRATIVE
PROCEDURES COMMITTEE

Representative Rick Roth, Chair
Senator Ben Albritton, Vice Chair
Senator Loranne Ausley
Senator Jason Brodeur
Senator Danny Burgess
Senator Shevrin D. “Shev” Jones
Representative Demi Busatta Cabrera
Representative Anna V. Eskamani
Representative Sam Garrison
Representative Thomas Patterson “Patt” Maney
Representative Angela “Angie” Nixon

KENNETH J. PLANTE
COORDINATOR
Room 680, Pepper Building
111 W. Madison Street
Tallahassee, Florida 32399-1400
Telephone (850) 488-9110
Fax (850) 922-6934
www.japc.state.fl.us
japc@leg.state.fl.us

July 28, 2021

Mr. Jason W. Holman, Esq.
Assistant General Counsel
Florida Department of Corrections
501 South Calhoun Street
Tallahassee, FL 32399-2500
Re: Proposed Rule 33-210.101, Florida Administrative Code
Dear Mr. Holman:
Thank you for your letter of July 23, 2021. The following comments are in response to
your letter and supplement the Committee’s initial comments presented in its July 6, 2021, letter.
Purpose and Effect: The Notice of Proposed Rule states: “PURPOSE AND EFFECT: To
increase the safety and security of inmates and staff, the Department is
developing a system through a third-party vendor to allow for the receipt,
processing, and delivery of routine mail in correctional institutions.”
If the system is in development through a third-party vendor, does that mean
that the Department does not know the cost of the new system?
It is not clear from the language of the rule how any of the proposed
amendments contribute to the “increased safety and security of inmates and
staff.” As stated in the Notice Summary, “[t]he proposed rule establishes
the protocols for processing routine mail electronically and updates the
regular routine mail process to make it consistent with the electronic routine
mail process.” The Purpose and Effect should either be amended to reflect
how the proposed changes “increase the safety and security of inmates and
staff,” or that phrase should be deleted from the stated purpose and effect of
the proposed rule, thereby limiting the purpose of the rule to “establish
protocols for processing routine mail electronically and to update the
regular routine mail process to make it consistent with the electronic routine
mail process.” Please advise.

Mr. Jason W. Holman, Esq.
July 28, 2021
Page 2
Summary:

If the Department intends to maintain that the purpose and effect of the
proposed rule is, “[t]o increase the safety and security of inmates and staff,”
the Summary should be revised to identify how the proposed amendments
meet this goal.

Statement of
Estimated Regulatory
Costs and Legislative
Ratification:
The Notice states that “[t]he Department used an itemized checklist to
conduct an economic analysis and. . . has determined that the amendments
will not exceed any one of the economic analyses criteria in a SERC as set
forth in s. 120.541(2)(a), F.S.”
Please provide the Committee with a copy of all the supporting data relied
upon by the Department in making this determination.
Section 120.54(3)(a), Florida Statutes, states, in part, that “[t]he notice must
include a summary of the agency’s statement of the estimated regulatory
costs, if one has been prepared, based on the factors set forth in s.
120.541(2).” The Department’s determination that “the amendments will
not exceed any one of the economic analysis criteria in a SERC as set forth
in s. 120.541(2)(a), F.S.,” appears to gloss over the requirement for
consideration of the other provisions under section 120.541(2), Florida
Statutes. More specifically, section 120.541(2)(c), Florida Statutes, which
requires that “[a] statement of estimated regulatory costs shall include:. . .
A good faith estimate of the cost to the agency, and any other state and local
government entities, of implementing and enforcing the proposed rule, and
any anticipated effect on state and local revenues.” The fact that a SERC
was not prepared does not relieve the Department from considering the cost
to the Department in implementing the proposed changes when determining
whether or not a SERC should be prepared.
Please provide the Committee with a copy of the estimated costs to the
Department in implementing the proposed changes to the routine mail
program.
33-210.101(1):

This rule states, “‘[e]lectronic mail processing,’ where used herein, refers
to the process of electronically scanning routine mail to digitize the
documents received.” The Notice Summary states that “[t]he proposed rule
establishes the protocols for processing routine mail electronically and
updates the regular routine mail process to make it consistent with the
electronic routine mail process.” This statement suggests that there is an
existing electronic routine mail process. Either a reference should be added
to this section as to the location in the Department’s rules of the “electronic
routine mail process,” or the rule text should be revised for clarity.

Mr. Jason W. Holman, Esq.
July 28, 2021
Page 3

The proposed rule effectively eliminates inmates receiving hard copies of
correspondence and photographs. Please explain how the elimination of
hard copies of correspondence meets the stated purpose and effect of the
proposed rule, to wit: “[t]o increase the safety and security of inmate and
staff. . . .”
Under the proposed rule, all routine inmate correspondence is to be scanned
and uploaded to an inmate’s tablet. Correspondence received by the
Committee from the public regarding the proposed changes stress the
importance of mail call and the ability of the inmates to physically hold
letters and photographs, their only tangible, tactile connection with families
and friends. Please explain how the elimination of hard copies of
correspondence and photographs under the proposed rule comports with the
legislative intent under section 20.315(1)(d), Florida Statutes, that the
Department “. . . provide a safe and humane environment for offenders and
staff in which rehabilitation is possible.”
Rule 33-602.900(5)(s) states, in part:
Upon the expiration of an inmate’s sentence, the inmate must
return his or her assigned tablet to the Department at the time
of the inmate’s release from the Department’s custody. A
former inmate may obtain access to his or her purchased
content by contacting the vendor.
The rule does not address whether, under the proposed rule, personal
correspondence and photographs stored on an inmate’s tablet will be
accessible after release from custody and, if so, if there is any charge for
accessing and/or retrieval of the material. The rule should be updated to
address the proposed amendments to the processing and receipt of routine
mail. Please advise. [Note: Although the instant letter addresses the
proposed amendments to rule 33-22.101, and is not intended to be a review
of the rule 33-602,900(5)(s), it should be pointed out that: (1) the procedures
for accessing purchased content under rule 33-602.900(5)(s) and any
associated costs should be set out in the rule and not left up to the discretion
of the vendor; (2) the contact information for the vendor should be included
in the rule; and (3) the rule should set out whether there is a timeframe for
requesting access to the material.]
33-210.101(5)(c):

This section states that “the following items may not be included with or
attached to incoming routine mail: . . . stickers or stamps (other than postage
stamps affixed to the outside of the mailing envelope, postal service
attachments, and address labels affixed to the outside of the mailing
envelope.)” Please explain how the prohibition of receiving postage stamps

Mr. Jason W. Holman, Esq.
July 28, 2021
Page 4
to facilitate inmates’ ability to send outgoing correspondence meets the
purpose and effect of the proposed rule “[t]o increase the safety and security
of inmate and staff. . . .”
Also, please explain how this provision comports with the legislative intent
under section 20.315(1)(d), Florida Statutes, that the Department “. . .
provide a safe and humane environment for offenders and staff in which
rehabilitation is possible.”
33-210.101(5)(f):

Under section 33-210.101(2)(d) of the current rule, inmates are permitted
to receive “[u]p to ten unused greeting cards (no larger than 8”x10”) with
matching envelopes or up to ten sheets of stationery or other blank writing
paper (lined or unlined) with envelopes (stamped or unstamped).”
The proposed rule states that “. . . the following items may not be included
with or attached to incoming routine mail: . . . greeting cards.” Although I
appreciate the Department’s intention to revisit this issue in a Notice of
Change, the question remains as to how the prohibition against receiving
blank greeting cards for use by inmates meets the stated purpose and effect
of the proposed rule, to wit: “[t]o increase the safety and security of inmate
and staff. . . .”
Also, please explain how this provision comports with the provision of
section 20.315(1)(d), Florida Statutes, that the Department is “[t]o provide
a safe and humane environment for offenders and staff in which
rehabilitation is possible.”

33-210.101(6):

This section provides that:
The sender of incoming routine mail that is to be or that is
processed electronically may request that the original
correspondence and contents be returned by sending a
written request with a self-addressed stamped envelope to
the Department contractor any time prior to the expiration of
the 90-day retention period.
The contact information for the contractor should be included in the
proposed rule.

Law Implemented: The proposed rule cites section 20.315, Florida Statutes, as a law
implemented. Section 20.315, Florida Statutes, provides, in part:
(1) PURPOSE. - The purpose of the Department of
Corrections is to protect the public through the incarceration
and supervision of offenders and to rehabilitate offenders

Mr. Jason W. Holman, Esq.
July 28, 2021
Page 5
through the application of work, programs, and services.
The goals of the department shall be:
* * *
(d) To provide a safe and humane environment for offenders
and staff in which rehabilitation is possible.
Please explain how the proposed scanning of all correspondence and the
resulting removal of any tactile or tangible connection with inmates’
families and friends is necessary to accomplish the expressed objectives of
section 20.315(1)(d), Florida Statutes. See § 120.545(1)(g), Fla. Stat.
Please explain how the proposed prohibition against the receipt of postage
stamps is necessary to accomplish the expressed objectives of section
20.315(1)(d), Florida Statutes. See § 120.545(1)(g), Fla. Stat.
Please explain how the proposed prohibition of inmates receiving blank
greeting cards is necessary to accomplish the expressed objectives of
section 20.315(1)(d), Florida Statutes. See § 120.545(1)(g), Fla. Stat.
Public Hearing

A public hearing was held regarding the proposed rule. Public comments
received by the Committee indicate that when it was their time to speak, the
technology would not allow some attendees to unmute their line to address
the Department. To date, it appears that a second hearing has not been
scheduled. Please explain how the initial hearing comports with the
requirements of the “Government in the Sunshine,” rule 28-109.004(2),
F.A.C., which requires that:
(1) Nothing in this chapter shall be construed to permit the
agency to conduct any proceeding otherwise subject to the
provisions of Section 286.011, F.S., exclusively by means of
CMT without making provision for the attendance of any
member of the public who desires to attend.
(2) No proceeding otherwise subject to Section 286.011,
F.S., shall be conducted exclusively by means of CMT if the
available technology is insufficient to permit all interested
persons to attend. If during the course of a CMT proceeding
technical problems develop with the communications
network that prevent interested persons from attending, the
agency shall terminate the proceeding until the problems
have been corrected.
Please advise the Committee how the Department intends to address this
issue.

Mr. Jason W. Holman, Esq.
July 28, 2021
Page 6
Please let me know if you have any questions.
Sincerely,

Kenneth J. Plante
Coordinator
KJP:tl #184251