Visitation Rules

Rules for Visitation

33-601.713 Inmate Visiting – Definitions.

(1) “Authorized Adult” refers to an approved visitor eighteen years or older who has notarized authorization to escort a minor and represent the minor’s parent or legal guardian should the minor need to be questioned or searched for visiting purposes.

(2) “Automated Visiting Record (AVR)” refers to a computer subsystem of the Department’s electronic offender database that automates visitor facility entry and exit and records visiting information. 

(3) “Emancipated Minor” refers to a visitor seventeen years of age or younger who furnishes written proof of emancipation and attaches a copy to Form DC6-111A, Request for Visiting Privileges. Form DC6-111A is incorporated by reference in Rule 33-601.715, F.A.C.

(4) “Institutional Classification Team (ICT)” refers to the team consisting of the warden or assistant warden, classification supervisor, a chief of security, and other members as necessary when appointed by the warden or designated by rule. The ICT is responsible for making work, program, housing and inmate status decisions at a facility and for making other classification recommendations to the State Classification Office (SCO). At private facilities, the Department of Corrections representative is to be considered a fourth member of the ICT when reviewing all job/program assignment, transfer, and custody recommendations/decisions. If a majority decision by the ICT is not possible, the decision of the Department of Corrections representative is final.

(5) “Family” for the purposes of Rules 33-601.713 through 33-601.737, F.A.C., refers to an inmate’s spouse, children, parents, brothers, sisters, grandparents, great-grandparents, grandchildren, step-brothers, step-sisters, step-parents, step-grandparents, aunts, uncles, nieces, nephews, foster parents, step-children, half brothers, half sisters, brothers-in-law, sisters-in-law, mothers-in-law, fathers-in-law, and sons and daughters-in-law.

(6) “Minor” refers to any visitor seventeen years of age or younger who must visit in the company of a parent, legal guardian, or authorized adult who is an approved visitor.

(7) “Non-Contact Visiting” at authorized institutions refers to visual visiting where a structural barrier is used to prevent the inmate and visitor from any form of physical contact, but allows verbal communication.

(8) “Suspension” refers to the withdrawal or voiding of visiting privileges for a specified period of time for an inmate or visitor.

(9) “Regular Visit” refers to any approved visit between an inmate and any approved visitor on the inmate’s visiting record that occurs on scheduled visiting days and hours.

(10) “Approved Visitor” refers to any person who is approved by the assigned institutional classification officer, warden or duty warden to visit an inmate and whose approval is documented in the automated visiting record.

(11) “Request for Visiting Privileges” refers to Form DC6-111A, which must be fully completed by all prospective visitors twelve years of age and older and forwarded to the assigned institutional classification officer for resolution. 

(12) “Scheduled Visiting Days” refers to the specific days and times an inmate is authorized to visit. This is normally Saturday and Sunday, from 9:00 a.m. until 3:00 p.m. Eastern Standard Time (8:00 a.m. – 2:00 p.m. Central Standard Time).

(13) “Special Status Inmate” refers to an inmate who is not in the general population but is in a special classification status as outlined in Rule 33-601.733, F.A.C., who shall be prohibited or restricted from visiting based upon the status.

(14) “Special Visit” refers to an authorized visit on a day, at a time or for a duration of time other than an inmate’s regularly scheduled visiting days, or with a person not listed in the inmate’s approved visiting record.

(15) “Indefinite Suspension” refers to the withdrawal or voiding of visiting privileges of a visitor for an unspecified period of time.

(16) “Maximum Capacity” refers to the capacity of the inside visiting park as determined by the State Fire Marshal.

(17) “Service Animal” refers to a dog that is individually trained to do work or perform tasks for a person with disabilities. The provision of emotional support, well-being, comfort, or companionship does not constitute work or tasks for the purpose of the definition of a service animal.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 3-7-04, 12-6-04, 9-8-11, 9-24-12, 2-21-13, 3-6-14.

33-601.714 Inmate Visiting – General.

(1) Inmate visiting is a privilege, not a guaranteed right of either the inmate or the visitor. Inmates are not assigned to specific institutions solely for the convenience of visiting privileges.

(2) All visitors are subject to Department rules, procedures, technical instructions and restrictions imposed as a condition of admittance and the directions of institutional staff while on institutional grounds.

(3) The warden, assistant warden, or duty warden is authorized to deny or terminate a visit if any of its aspects are disruptive or violate rules, procedures, instructions, restrictions, orders, or directions. Any disruption or violation shall be entered on the AVR and shall subject the visitor to revocation or suspension of visiting privileges by the warden or designee and the inmate to disciplinary action.

(4) Posting of Policies.

(a) To ensure that all visitors are aware of Section 944.47, F.S., governing contraband, the warden or designee shall post the statute in a conspicuous place at the entrance to the institution or facility.

(b) The warden or designee shall display the visiting rule, procedures, and any technical instructions that do not impede the maintenance of the security of the institution in a manner that allows visitors to read them before they begin the institutional visiting entry process.

(5) Inmates shall be allowed to file grievances concerning visiting privileges in accordance with the provisions of Rule 33-103.005, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03.

33-601.715 Visiting Application Initiation Process.

(1) During the reception process, classification staff shall develop and maintain a computerized list of the inmate’s immediate family members for placement on the automated visiting record. Placement of a name on the automated visiting record in and of itself is not approval to visit.

(2) The inmate shall be given up to fifteen copies of Form DC6-111A, Request for Visiting Privileges (http://www.flrules.org/Gateway/reference.asp?No=Ref-00812), and Form DC6-111B, Visitor Information Summary (http://www.flrules.org/Gateway/reference.asp?No=Ref-00813), within 24 hours after arrival at his or her permanent facility. Forms DC6-111A and DC6-111B are hereby incorporated by reference. Copies of these forms are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of these forms is 12/14. The inmate shall be responsible for sending the forms to each family member or friend twelve years of age or older whom the inmate wishes to be placed in his or her approved visiting record. Minors eleven years of age and younger are not required to submit Form DC6-111A until they reach twelve years of age.

(a) Only visitors approved pursuant to Rule 33-601.718, F.A.C., shall be allowed to visit. 

(b) The prospective visitor shall be required to complete Form DC6-111A, Request for Visiting Privileges, by filling in each line or inserting “NA” (not applicable) where appropriate.

(3) The institution classification staff shall conduct criminal history background checks on applicants requesting visiting privileges.

(4) Upon transfer to a permanent institution or facility, each inmate shall be provided with a visitor information letter containing visiting information specific to that institution or facility to be mailed, at the inmate’s expense, to each approved visitor.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 1-10-12, 12-21-14.

33-601.716 Visiting Record Management.

(1) The Bureau of Classification and Central Records shall develop and maintain computerized inmate-visiting records. 

(2) Department staff shall document all requests for visits, decisions made with regard to visiting, and pertinent comments on the automated visiting record. 

(3) No more than fifteen people, twelve years of age or older, including family and non-family members, are allowed on an inmate’s approved visiting record.

(4) Inmates shall be permitted to remove or request to add visitors to their inmate visiting records by completing Form DC6-111C, Remove/Add Visitor Request, provided by institutional classification staff. Form DC6-111C is hereby incorporated by reference, https://www.flrules.org/gateway/reference.asp?No=Ref-00674. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is October, 2011. Additions to the visiting record shall be allowed at any time, up to the limit of fifteen approved visitors. Removals shall only be permitted every six months. Visitors whose visiting privileges are suspended shall not be removed from an inmate’s approved visiting list and the inmate shall not be allowed to replace the visitor with another approved visitor.

(5) A person who requests placement on an inmate’s visiting record shall be referred to the inmate concerned. The inmate shall be responsible for notifying prospective visitors of whether they have been approved or disapproved for visitation. 

(6) A visitor shall be permitted to be on the approved visiting record of all inmates who are family as well as one non-family inmate except as provided in subsection (7) below.

(7) A visitor who is approved as family on an inmate’s visiting record shall not be considered for visitation with a non-family inmate if both inmates are housed at the same institution unless:

(a) The family member inmate is transferred to another institution or is released from incarceration.

(b) The visitor is already approved to visit a non-family inmate prior to the family member inmate being received at the same institution. Visitation shall be allowed, but not on the same day.

(c) The visitor is already approved to visit a non-family inmate prior to being transferred to the same institution housing a family inmate. Visitation shall be allowed, but not on the same day.

(8) An approved visitor who is on the visiting list of two or more family inmates who are at the same institution may visit the inmates at the same time.

(9) A visitor approved to visit a non-family inmate shall not be removed from the visiting list of the inmate for purposes of visiting another non-family inmate at the same institution.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 9-29-03, 10-30-11.

33-601.717 Visiting Denial.

(1) Visitors shall not be denied visiting because of disability, race, creed, color, or national origin of the inmate or visitor. Visits shall not be denied based on the ideas or opinions held or expressed by the inmate or visitor or for any reason unrelated to security, good order, or rehabilitative objectives of the institution.

(2) The assigned institutional classification officer shall have authority to refuse to approve visiting for applicants with prior negative visiting behavior based on the security threat to the institution, nature of the behavior, and the elapsed time since the incident. Denial of visiting shall be permanent if the prospective visitor was involved in, or assisted in, an escape or attempted escape from any correctional facility.

(3) Visiting shall be denied if the visitor advocates or has advocated violence or the violation of any law or rule or is a danger to the security and good order of the institution.

(4) Visiting shall be denied during a declared emergency.

(5) Any person shall be denied permission to visit based upon the following criteria:

(a) The possession, introduction or attempted introduction of contraband as defined in Section 944.47, F.S., into any facility;

(b) Escape or attempting to escape, or assisting or attempting to assist an escape or escape attempt from any facility;

(c) The nature and extent of the individual’s criminal record, consideration of which includes:

1. Release from incarceration in any jurisdiction for a felony conviction within the last two years if the prospective visitor was not incarcerated at any time in the facility in which visitation is requested.
2. Release from incarceration for a felony conviction within the last five years if the prospective visitor was incarcerated at any time in the facility in which visitation is requested. If an inmate transfer results in visitation in a facility in which an approved visitor was previously incarcerated and released within the last five years, the warden shall, on a case by case basis, determine if the approved visitor shall be allowed to visit, if the visitor was released from incarceration within the last five years. Factors to be considered shall include, but are not limited to, the visitor’s adjustment during incarceration, the relationship of the inmate to the visitor, institutional security, and public safety. 
3. Release from incarceration in any jurisdiction for a misdemeanor conviction within the last one year.
4. Current community supervision status or termination from community supervision in any jurisdiction within the past one year. 
5. If the disposition of an arrest is not reflected, the disposition shall be ascertained prior to approval of the application. If additional documentation of the charge is necessary, the prospective visitor shall be responsible for providing official documentation of the disposition or circumstances of the offense in question.

(d) Former department employment, contract employment or volunteer with a documented work history that raises security concerns;

(e) Commission of serious or repeated violations of departmental rules or procedures during a previous visit within the past five years;

(f) Either the inmate or prospective visitor gave false or misleading information to obtain visiting privileges within the past six months, unless it is reasonably determinable that the incorrect information was provided as a result of an inadventant or good faith mistake, omission, or clerical error. Discovery of falsification of visitor information after the visitor has been approved for visitation shall result in the visitor being considered for suspension of visiting privileges pursuant to Rule 33-601.731, F.A.C.

(g) The individual is a victim of an inmate’s current or prior offense with consideration of the nature of the inmate’s offense, the extent of the victimization and the relationship of the victim to the inmate; 

(h) The individual is a co-defendant of the inmate in a current or prior offense;

(i) The individual provided testimony, documentation, or physical evidence which assisted the prosecution in the inmate’s conviction or incarceration;

(j) The individual has an active protection order or injunction against the inmate to be visited or the inmate has an active protection order or injunction against the prospective visitor;

(k) The individual is an illegal alien;

(l) Other factors related to the security, order or effective management of the institution.

(6) A department volunteer or intern shall not be approved for visiting at an institution or facility to which he or she is assigned. Following termination or assignment to another facility, visitation at the former institution or facility shall not occur until five years have elapsed.

(7) It is the warden’s duty to supervise and enforce the rules relating to the approval or denial of visiting privileges. 

(8) The Secretary or designee, who for purposes of this rule shall be the Assistant Secretary of Institutions, has the authority to review and modify the approval or denial of visiting privileges where it has been determined to further the inmate’s rehabilitation, to ensure consistency with the department’s rules, to enhance public safety, or to ensure the security of an institution.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.706, 33-601.707,Amended 5-27-02, 9-29-03, 6-15-06, 1-7-07, 8-6-12.

33-601.718 Review of Request for Visiting Privileges.

In approving or disapproving visiting privileges, assigned institutional classification officer shall review Form DC6-111A, Request for Visiting Privileges, and shall consider all factors related to the security, order, or effective management of the institution. Form DC6-111A is incorporated by reference in Rule 33-601.715, F.A.C.

(1) Prior criminal records shall not automatically result in disapproval of visiting. The nature, extent, and recentness of the criminal convictions and adjudications withheld combined with the person’s relationship to the inmate shall affect approval or disapproval.

(2) The assigned institutional classification officer staff shall evaluate a person’s criminal history and visiting background using Form DC6-111D, Visitor Screening Matrix. Form DC6-111D  is hereby incorporated by reference. A copy is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-01038. The effective date of this form is 7-12.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 9-29-03, 3-22-12, 7-19-12.

33-601.719 Visiting by Former and Current Department and Contract Employees.

(1) Former Department and Contract Employees. The assigned institutional classification officer shall consider approving former department employees and former employees of a contractor who was under contract with the department for visiting privileges under the following circumstances:

(a) Employment termination is more than twelve months;

(b) During employment the applicant did not have a documented incident of any of the following:

1. Revealing or discussing security plans or procedures with inmates,
2. Security breaches or rule violations,
3. A personal or business relationship with an inmate. A personal or business relationship is any that goes beyond what is necessary for the performance of one’s job,
4. Problems which affected the security, order or effective management of the institution, or
5. Leaving employment under adverse conditions.

(c) Visiting shall not occur in the facility where the visitor was employed, unless five years have elapsed since the applicant left employment.

(2) Current Department and Contract Employees. Current department employees and employees of a contractor currently under contract with the department shall only be granted visiting privileges under the following conditions:

(a) The employee is a member of the inmate’s immediate family;

(b) The employee has not violated the conditions in subsection 33-601.719(1), F.A.C.;

(c) Approval for visitation in writing is required from:

1. The warden of the institution housing the inmate to be visited, and
2. The employing:
3. Warden (for institution staff),
4. Circuit administrator (for community corrections staff), 
5. Regional director (for regional office staff), or
6. Assistant Secretary of Institutions (for central office staff).

(d) The inmate shall not be housed in the same facility as the immediate family member employee. Visiting shall not occur in the facility where the employee is employed.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.706, Amended 5-27-02, 9-29-03, 11-9-08.

33-601.720 Sex Offender and Child Abuse Offender Visiting Restrictions.

(1) An inmate shall not be authorized to visit with any person seventeen years of age or younger if:

(a) The inmate has a current or prior conviction under Chapter 794, 800, 827 or 847, F.S.; and,

(b) The conviction was for commiting or attempting to commit aggravated child abuse or commiting or attempting to commit a sex act on, in the presence of, or against a person fifteen years old or younger.

(c) Current and prior convictions from other jurisdictions comparable to the offenses listed above also serve as a basis for imposing visiting restrictions.

(d) Only the judge who issued an order imposing visitation restrictions may modify those restrictions.

(2) A warden is authorized to approve a visit between a minor who is accompanied by an authorized adult and an inmate who meets the criteria in subsection (1) above if visiting is not restricted by court order and the warden determines the visit to be in the minor’s best interest. Factors to be considered are:

(a) An evaluation from a Florida licensed mental health counselor, marriage and family therapist, clinical social worker, psychologist or psychiatrist from the community, which reports the impact on the minor of such visits or the lack of visits;

(b) The duration and frequency of prior visits without adverse incidents;

(c) The availability of non-contact visiting facilities at the institution; and,

(d) Other factors related to the safety and best interest of the minor.

(3) The warden shall also consider the disciplinary history of the inmate when making the determination of whether to allow visitation. In order to be eligible to visit, an inmate must not have been found guilty of any of the following disciplinary charges in Rule 33-601.314, F.A.C., during the three months prior to the request for visitation:

(a) 1-1 Assault or battery or attempted assault or battery, with a deadly weapon;

(b) 1-2 Other assault or battery or attempted assault or battery;

(c) 1-3 Spoken or written threats;

(d) 1-4 Disrespect to officials, employees, or other persons of constituted authority expressed by means of words, gestures, and the like;

(e) 1-5 Sexual battery or attempted sexual battery ;

(f) 1-7 Aggravated battery or attempted aggravated battery on a correctional officer;

(g) 1-8 Aggravated battery or attempted aggravated battery on staff other than correctional officer;

(h) 1-9 Aggravated battery or attempted aggravated battery on someone other than staff or inmates (vendor, etc.);

(i) 1-10 Aggravated battery or attempted aggravated battery on an inmate;

(j) 1-11 Aggravated assault or attempted aggravated assault on a correctional officer;

(k) 1-12 Aggravated assault or attempted aggravated assault on staff other than correctional officer;

(l) 1-13 Aggravated assault or attempted aggravated assault on someone other than staff or inmates (vendor, etc.);

(m) 1-14 Aggravated assault or attempted aggravated assault on an inmate;

(n) 1-15 Battery or attempted battery on a correctional officer;

(o) 1-16 Battery or attempted battery on staff other than correctional officer;

(p) 1-17 Battery or attempted battery on someone other than staff or inmates (vendor, etc.);

(q) 1-18 Battery or attempted battery on an inmate;

(r) 1-19 Assault or attempted assault on a correctional officer;

(s) 1-20 Assault or attempted assault on staff other than correctional officer;

(t) 1-21 Assault or attempted assault on someone other than staff or inmates (vendor, etc.);

(u) 1-22 Assault or attempted assault on an inmate;

(v) 2-1 Participating in riots, strikes, mutinous acts or disturbances;

(w) 2-2 Inciting or attempting to incite riots, strikes, mutinous acts or disturbances – Conveying any inflammatory, riotous or mutinous communication by word of mouth, in writing or by sign, symbol or gesture;

(x) 2-3 Participating in or inciting a minor disturbance;

(y) 2-4 Fighting;

(z) 3-1 Possession or manufacture of weapons, ammunition or explosives;

(aa) 7-6 Arson or attempted arson;

(bb) 9-1 Obscene or profane act, gesture, or statement-oral, written or signified;

(cc) 9-3 Breaking and entering or attempted breaking;

(dd) 9-7 Sex acts or unauthorized physical contact involving inmates;

(ee) 9-18 Unauthorized physical contact involving non-inmates;

(ff) 9-20 Extortion or attempted extortion; or

(gg) 9-22 Robbery or attempted robbery.

(4) Inmates shall not be permitted to visit with minors who are victims of their offenses unless a family court makes the determination that the visitation is necessary.

(5) If visitation is recommended, the custodial parent or guardian of the child must complete and sign Form DC6-138, Consent for Visitation with Minor Child. Form DC6-138 is hereby incorporated by reference. Copies of this form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of this form is 5-29-03.

(6) The warden is authorized to modify the visiting status if factors materially affecting the visiting privilege decision, such as a guilty finding for one of the disciplinary infractions listed in subsection (3) above, change. Modification of privileges and court modifications of previously imposed visiting restrictions shall be documented in the AVR by institutional staff.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Formerly 33-601.707, Amended 5-29-03, 9-29-03, 4-17-05, 4-10-08, 8-15-10, 8-30-16.

33-601.721 Visiting Operations.

(1) Each institution shall provide a visiting area that facilitates both indoor and outside visiting and is adequately staffed to maintain security and safety.

(2) Wardens shall ensure that games, small toys and other suitable activities are available for small children to assist visitors with keeping their children occupied during visitation. Purchases to replenish toys and items for other activities are authorized from the General Revenue Fund. Wardens may also accept donations of games, small toys and other suitable items from individuals or the community. Visitors shall not be charged for damaged or broken games or toys.

(3) Chaplains shall provide non-denominational religious material in the visiting park suitable for all religions.

(4) Staff shall conduct a comprehensive contraband search of the visiting area and the visitor parking lot before and after visiting.

(5) Inmates shall be required to conduct visits in a separately designated visiting area as determined by the warden or duty warden when visiting in the regular visiting area poses a threat to security, safety, or good order of the institution or any person.

(6) Wardens shall require non-contact visits when a contact visit poses a threat to security or good order of the institution.

(7) Staff shall minimize interaction with the inmate or their visitors unless the inmates or visitors are violating rules or procedures or are being disruptive.

(8) All visiting area staff shall participate in a minimum of four hours of annual training specific to operations of the visiting park and visiting in general.

(9) When the inside visiting park has reached its maximum capacity, the warden is authorized to utilize any of the following remedies to alleviate overcrowding:

(a) Other temporary visiting areas or structures;

(b) Asking earlier arrival visitors to voluntarily leave so that others may enter;

(c) Mandating early departures of visitors when voluntary departures are insufficient.

(10) Weather permitting, the outside visiting park shall be available for use by approved visitors at any time during regular visiting hours. 

(11) Neither inmates nor visitors, including death row inmates and their visitors, shall be permitted to possess or use tobacco products as defined in Section 944.115(2)(d), F.S., during visitation.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.115, 944.8031 FS. History–New 11-18-01, Formerly 33-601.708, Amended 5-27-02, 9-16-03, 7-17-07, 2-13-12.

33-601.722 Visiting Schedule.

(1) Regular visitors shall be allowed to visit between 9:00 a.m. and 3:00 p.m. Eastern Standard Time (EST) – 8:00 a.m. and 2:00 p.m. Central Standard Time (CST) each Saturday and Sunday.

(a) Institutions shall initiate the visiting registration process at 8:15 a.m. (EST) and 7:15 a.m. (CST). To better facilitate the registration process, visitors will be allowed to park in designated spaces no earlier than 7:30 a.m. (EST) and 6:30 a.m. (CST).

(b) Visitors shall not be processed after 2:00 p.m. (EST) and 1:00 p.m. (CST) unless authorized by the duty warden.

(c) Regular visiting shall occur on the following holidays:

1. New Year’s Day;
2. Birthday of Martin Luther King, Jr., third Monday in January;
3. Memorial Day;
4. Independence Day;
5. Labor Day;
6. Veteran’s Day, November 11;
7. Thanksgiving Day;
8. Friday after Thanksgiving; and
9. Christmas Day.

(d) If any of the holidays listed in paragraph (c) above falls on Saturday, the preceding Friday shall be observed as a holiday. If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday.

(2) Where unusual circumstances occur, the warden or his designee shall be authorized to allow an inmate additional visiting hours for a regular or special visitor. The exception will be based on such factors as great travel distance or infrequency of visits.

(3) The secretary or his designee shall approve or disapprove any request for changes to visiting hours or days.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23 FS. History–New 11-18-01, Amended 5-5-05, 10-12-05.

33-601.723 Visiting Check-In Procedures.

(1) Only five approved visitors, 12 years of age or older, at any time may visit an inmate in the visiting area. Children 11 years old and younger do not count against the five approved visitors. 

(2) A visitor’s initial check-in shall take place in a location that minimizes weather exposure and provides restrooms.

(3) Visitors shall be required to register for visiting through the automated visiting record. The failure to do so or providing false information shall result in denial or termination of the visit and suspension of visiting privileges.

(4) All visitors sixteen years of age or older must present a valid form of picture identification for visiting registration. Acceptable forms of identification are identification cards that contain a photograph, current address, and date of birth and physical characteristics of the individual. Signatures are not required if the identification otherwise complies with all other standards of proper identification.

(5) A visitor seventeen years old or younger who cannot furnish proof of emancipation must be accompanied during a visit by an approved parent, legal guardian, or authorized adult and must remain under the supervision of that adult at all times, to include when the minor is subject to being searched under the provisions of Rule 33-601.726, F.A.C. An authorized non-parental adult accompanying a visiting minor must provide a notarized document of guardianship from the minor’s parent or legal guardian (neither of which may be an inmate except as provided below) granting permission for the minor to visit a specifically identified inmate. The document shall be notarized by someone other than the non-parental adult accompanying the minor and shall be updated every six months from the date of issue. In cases where it can be determined that legal custody remains with the incarcerated parent or legal guardian and has not been given to another adult by the court, a notarized statement from the incarcerated parent or guardian shall be acceptable for purposes of authorizing children of the inmate to visit. Any such authorization remains subject to any relevant court orders or relevant departmental rules regarding the inmate’s contact with the minor in question. Falsification of a document of guardianship shall result in the person being subject to suspension of visiting privileges pursuant to paragraph 33-601.731(9)(d), F.A.C.

(6) Should a visitor find it necessary to leave the visiting park prior to completion of the visit, the visitor shall not depart until institutional staff have verified the identity of the visitor and the presence and location of the inmate being visited. The visitor will not be allowed reentry unless approved by the shift supervisor or the duty warden. If reentry is approved, the visitor will proceed through the automated visiting record as required in this rule.

(7) A visitor is allowed to bring a service animal, as defined in Rule 33-601.713, F.A.C., into institutional visiting parks under the Americans with Disabilities Act (ADA). Under the ADA, a service animal must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls.

(a) When it is not obvious what service an animal provides, only limited inquiries are allowed. Staff may ask two questions: 

1. “Is the dog a service animal required because of a disability?”; and 
2. “What work or task has the dog been trained to perform?

(b) Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

(c) Allergies and fear of dogs are not valid reasons for denying access to people using service animals. When a staff member or other visitor who is allergic to dog dander and a person who uses a service animal must spend time in the visiting park, they both should be accommodated by assigning them, if possible, to different locations within the visiting park.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-17-06, 6-28-12, 2-21-13.

33-601.724 Visitor Attire.

(1) Persons desiring to visit shall be fully clothed including shoes. Only religious head coverings are permissible. Visitors shall not be admitted to the visiting area if they are dressed in inappropriate attire. The warden, assistant warden or duty warden shall be the final decision authority and shall assist in resolving inappropriate attire situations. Inappropriate attire includes:

(a) Halter tops or other bra-less attire,

(b) Underwear type tee shirts,

(c) Tank tops,

(d) Fish net shirts,

(e) Skin tight clothing or spandex clothing,

(f) Shoes known as Heelys or any footwear with removable parts,

(g) Clothes made with see-through fabric unless a non-see-through garment is worn underneath,

(h) Dresses, skirts, or Bermuda-length shorts more than three inches above the knee,

(i) Any article of clothing with a picture or language which presents a potential threat to the security or order of the institution, or

(j) Military style camouflage clothing to include jungle (green), urban (grey or black), and desert (tan or brown).

(2) A visitor shall be subject to suspension of visiting privileges and the visit shall be terminated if, after admission to the visiting area, the visitor changes, removes or alters his or her attire so that it is in violation of the provisions of this rule. 

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Formerly 33-601.708, Amended 1-28-07, 10-8-07, 7-12-11.

33-601.725 Permissible Items for Visitors.

(1) Visitors shall be allowed to bring only authorized items listed into any department facility. Entry shall be denied if the visitor attempts to enter the institution or facility while possessing any unauthorized item or any authorized item in more than the approved amounts. Authorized items shall be removed by the visitor at the end of the visit. Authorized items include:

(a) Vehicle keys necessary to operate a motor vehicle. However, keyless entry devices are not permitted unless the duty warden or designee visually inspects the keyless entry device and determines that the device is the only means for the visitor to access a motor vehicle and does not pose a threat to institutional security.

(b) Up to $50.00, in $1.00, $5.00, $10.00 and $20.00 denominations only or silver change, per visitor, regardless of age, to purchase snacks and beverages from visiting park canteens or vending machines. All snacks and beverages shall be purchased and consumed in the visiting area. A small wallet or pouch may be used for containing the bills and any change received from the canteen or vending purchases. 

(c) One (1) photographic identification card.

(d) Prescription medications. The department reserves the right to prohibit individuals from bringing any medication into the facility that may pose a threat to the inmate population or institutional security. Visitor requiring medical injections must leave such items secured in their vehicles and will be allowed to depart the visiting area if an injection is required. Reentry into the visiting area shall be allowed in accordance with Rule 33-601.723, F.A.C. The visitor shall not be allowed to bring needles or syringes into any department facility or dispose of them on the grounds of any department institution or facility under any circumstances. 

1. Visitors taking prescription medications are allowed only the dosage necessary for the visiting period.
2. Each prescription medication brought into any institution or facility must be in its original prescribed container. The use of one container for different types of medication will not be allowed.
3. Each container must have a clearly readable prescription label that shows:
4. The type of medication,
5. The dosage requirements, and
6. The individual’s name for whom the medication was prescribed.

(e) Feminine hygiene items enclosed in the original individual wrapping may be carried into the visiting park in a small pouch or bag.

(f) Hairbrush and comb. 

(g) If the visitor is an authorized adult as defined in Rule 33-601.713, F.A.C., one (1) copy of a notarized authorization to supervise a minor.

(h) Visitors with authorized infants and small children shall be allowed to bring in:

1. Five diapers, three clear plastic baby bottles or two sipper cups for toddlers, one clear plastic baby pacifier and three clear plastic jars of baby food with the original seal intact;
2. Baby wipes or towelettes, provided they are in a clear plastic bag;
3. An infant or baby carrier for each infant. Baby carriers are subject to search before entry into the institution and visitors shall be required to remove the infant from each carrier during the search.
4. One set of infant clothing and a non-quilted blanket for each infant and toddler.

(i) Sunglasses.

(j) Small unopened package of facial tissues in clear plastic.

(2) A visitor who brings any item not listed above that is not considered contraband or illegal, or who brings more than the permissible amounts of authorized items, shall be required to find a secure location to store the items for the duration of their visit.

Rulemaking Authority 944.09, 944.23 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 7-1-03, 12-30-03, 11-25-04, 3-29-07, 10-8-07, 3-29-12.

33-601.726 Visitor Searches.

(1) Visitors shall be subject to search upon entering and exiting the institution. Refusal of a visitor to be searched upon entering the institution shall result in denial of the current visit. Refusal of a visitor to be searched after entry to the visiting park or upon exiting the institution shall result in the denial of future visits.

(2) Authorized visitor searches include:

(a) Search of the interior and exterior of any hand carried item.

1. Staff shall accomplish this search in a manner that does not damage or destroy the item or impair its use.
2. If the item would be damaged, destroyed or impaired by the search, the visitor shall not be allowed to bring the item into the institution.

(b) Careful search by touching of the visitor’s hair and scalp;

(c) Visual inspections of the ears, nose, and mouth without the insertion of any instruments or the officer’s fingers;

(d) Removal of and searching inside the visitor’s shoes and gloves;

(e) Removal of any clothing such as scarves, overcoats, or sweaters worn over a visitor’s first layer of exterior clothing, and a search by visual inspection and touching of the interior and exterior and pockets of such clothing;

(f) After removal of outer clothing, careful search by visual inspection and by touching of the visitor’s first layer of clothing generally worn over one’s underwear;

(g) Searches with metal detection devices;

(h) K-9 searches; 

(i) Drug ion scanner searches; and

(j) Careful search by touching of clothing worn next to the body such as stockings, socks, and diapers, using sufficient pressure to detect contraband items. If it is necessary to remove the diaper of an infant or toddler, written consent from the parent, legal guardian, or authorized adult shall be obtained as provided in subsection (3), and it shall be done in the privacy of a search room with the parent, legal guardian, or authorized adult present and by an officer of the same sex. 

(k) A careful inspection of the harness, leash, or tether of a service animal, as defined in Rule 33-601.713, F.A.C., including the removal thereof for closer inspection if necessitated by institutional security concerns.

(3) The visitor shall be instructed to sign Form DC1-803, Unclothed Body Search Consent, if specific factual reasons support the suspicion that contraband is concealed on a visitor’s person and this suspicion is not resolved by a less intrusive search. The parent, legal guardian, or authorized adult shall sign the consent form and will be present if a minor is to be searched. Form DC1-803 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is 11-18-11. http://www.flrules.org/Gateway/reference.asp?No=Ref-00793.

(a) The warden or duty warden must approve strip searches. Approval shall be given only after careful evaluation of the asserted factual grounds that justify the search. The visit shall be denied if the visitor refuses to give written consent to the strip search.

(b) The visitor shall also be asked to sign Form DC1-804 Consent to or Notification of Search, if reasons exist to search the visitor’s vehicle. Form DC1-804 is hereby incorporated by reference. A copy of this form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date is 11-18-11, http://www.flrules.org/Gateway/reference.asp?No=Ref-00794. Visiting shall be denied if the visitor refuses to give written consent to search the vehicle.

(4) Security staff of the same sex as the visitor must conduct strip searches.

(5) Visitor body cavity searches are not authorized. If less intrusive searches do not resolve the suspicions, visiting will be denied.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 1-25-05, 1-4-12, 6-28-12, 2-21-13.

33-601.727 Visitor Conduct.

(1) Visitors must conduct themselves in accordance with the following requirements while on department property. 

(a) There shall be no loitering.

(b) Visitors are prohibited from using cameras on department property.

(c) Visitors shall not possess, introduce, attempt to introduce, conspire or otherwise agree to introduce contraband or illegal items into or onto the grounds of any department institution or facility nor shall they solicit, command, encourage, hire or request another person to engage in specific conduct which would constitute such offense or an attempt to commit such offense. Violations shall result in the suspension of visiting privileges by the warden or designee. Contraband items not of an illegal nature shall be seized by staff when found and shall be returned only on the approval of the duty warden. 

(d) Under no circumstances shall any department employee offer or be allowed to keep any item for the visitor.

(e) Visitors shall not play vehicle radios loudly while on department property.

(f) Visitors shall not yell or exhibit loud, boisterous, threatening language or disorderly behavior while on department property.

(g) Visitors shall keep accompanying children orderly during their visit so as not to disturb other inmates and visitors. If the visitor is unable to control his or her children, the visit shall be terminated and the visitor and children shall be escorted out of the institution or facility.

(h) Visitors shall not visit with any inmate except the inmate the visitor was admitted to visit or with any other visitor.

(i) A visitor shall not under any circumstances leave an unattended child or animal in any vehicle or elsewhere on department property while visiting.

(j) Visitors shall not give to or receive from the inmate any item of any description nor take any article whatsoever from the visiting area or grounds of the institution unless authorization is first obtained from the warden or duty warden. The only exceptions are food and beverage items purchased by visitors from vending machines or canteens and photographs purchased through the inmate photo project. The visitor may pass the food or beverage only to the inmate he or she is visiting. However, all food and beverages shall be purchased and consumed in the visiting area. The visitor shall not give cash or currency directly to an inmate.

(k) Visitors may exchange a brief embrace and kiss with the inmate to be visited once at the beginning and end of visit.

1. A visitor and inmate may hold hands if visiting park staff can observe the holding of hands. However, the holding of hands in the lap of either the visitor or the inmate is prohibited.
2. Small children of the inmate or of the visitor may be held by the inmate.
3. No other forms of affection or physical contact between visitors and inmates are authorized.

(l) Visitors who are nursing may breastfeed their babies during their visit. In the interests of safety and security, nursing mothers must cover their breasts with a non-quilted baby blanket while nursing. At no time shall the nipple of the mother’s breast be uncovered and exposed in the visiting park. A mother may choose to leave the visiting park to breastfeed her baby and she shall be permitted to reenter the visiting park subject to a search of her person and belongings. Nursing mothers shall not be directed to the institution’s restroom to breastfeed.  

(2) Visitors shall be allowed to attend institutional church services and other special programs if consistent with security considerations.

(3) Those visitors with an authorized service animal, as defined in Rule 33-601.713, F.A.C., must ensure that their animal conforms with acceptable behavior. A service animal, must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the visitor’s disability prevents using these devices. In that case, the visitor must maintain control of the animal through voice, signal, or other effective controls. A visitor is responsible for any and all damage caused by himself or the service animal. Department staff are not required to provide care or food for a service animal.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Formerly 33-601.708, Amended 5-27-02, 9-29-03, 3-29-07, 2-21-13, 6-18-13, 8-12-13.

33-601.728 Inmate Visiting Appearance, Search, and Conduct.

(1) During visiting, inmates shall dress in accordance with Rule 33-602.101, F.A.C. Permanent inmates assigned to reception centers may wear a white shirt and white trousers during visitation. Inmates at work release centers whose work assignments are at the center may wear white shirts and white trousers during visitation.

(2) Inmates shall be strip-searched before and after visiting. Staff will conduct searches in accordance with Rule 33-602.204, F.A.C.

(3) Inmates shall not visit with anyone other than their authorized visitors.

(4) The inmate shall not pass items to another inmate or to a visitor or accept items from another inmate or a visitor except as specified in Rule 33-601.727, F.A.C.

(5) Inmates shall not be loud, boisterous, threatening, or disorderly during a visit or while in the visiting area.

(6) Inmates may briefly embrace and kiss each visitor once at the beginning and end of each visit. 

(a) Inmates may hold their small children or the children of their visitors.

(b) Inmates and their visitors may hold hands if the holding of hands can be observed by visiting park staff. However, the holding of hands in either the visitor’s or inmate’s lap is prohibited.

(c) No other forms of affection or physical contact between inmates and visitors are authorized.

Rulemaking Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 3-6-14.

33-601.729 Denial or Termination of Visits.

(1) A warden or duty warden shall be authorized to deny or terminate a visit for the following reasons:

(a) The visitor is or appears to be under the influence of drugs or alcohol;

(b) The visitor refuses or fails to produce a valid photographic identification or falsifies identifying information;

(c) Visiting space is limited and remedies authorized in subsection 33-601.721(10), F.A.C., have been exhausted;

(d) The inmate has already received his or her authorized visits and has departed the visiting area;

(e) The visitor is disruptive or the children accompanying the visitor are disruptive;

(f) The visitor is not on the inmate’s approved visiting list;

(g) The visitor, having been admitted to visit one inmate, attempts to visit another inmate that he or she is not authorized to visit;

(h) The inmate refuses to visit with the visitor. Such refusal shall be made in writing by the inmate and placed in the inmate’s file. If the inmate refuses to make a written refusal, the staff witnessing the refusal shall make a notation in the inmate’s file regarding the refusal. The refusal shall also be noted in the inmate’s AVR.

(i) The visitor does not and can not meet dress requirements for visitors;

(j) Emergency situations as declared by the warden or duty warden;

(k) A determination that the visit may jeopardize the security or safety of staff, inmates, others, or the institution;

(l) After completing a visit with one inmate, the visitor leaves the institution and attempt to re-enter to visit with a different inmate; or

(m) The visitor violates visitor’s conduct standards in Rule 33-601.727, F.A.C.

(n) A service animal violates visitor conduct standards in Rule 33-601.727, F.A.C. A visitor with a disability cannot be asked to remove his service animal from the premises unless:

1. The dog is out of control and the visitor does not take effective action to control it; or
2. The dog is not housebroken. 

(2) Before considering denial or termination of a visit in progress due to violation of or failure to comply with any established rule or procedure, the warden or duty warden shall first attempt less severe alternatives if the violation does not pose an immediate threat to the security and order of the institution, including verbal warnings to the inmate and visitor about improper conduct. If the visit is denied or terminated, the visitor shall be interviewed and a statement recorded by staff prior to exiting the institution if the situation does not pose an immediate threat to the security and order of the institution.

(3) Before considering denial or removal of a service animal under paragraph (1)(n) above, the warden or duty warden must offer the visitor with a disability the opportunity to continue the visit without the animal’s presence. 

(4) Reconsideration for Visitation. A visitor initially denied permission to visit for reasons other than for possession or attempted introduction of contraband and who corrects the problem causing the denial shall be granted visiting if not otherwise precluded by rule and if the inmate is not in the process of visiting with others.

(5) The warden or duty warden shall ensure that the inmate is notified of the denial of his or her visitor’s admission and the reasons as soon as the inmate can be located. Comments regarding the incident shall be made on the AVR system.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 2-21-13.

33-601.730 Visiting Check-Out Procedures.

(1) When an inmate ends the visit, all of the inmate’s visitors shall be required to depart the visiting park immediately.

(2) Upon completion of the visit the visitors shall not be cleared to leave the visiting park until the inmate with whom they visited is accounted for by institutional staff.

(3) Each visitor shall be logged out on the automated visiting record.

(4) No more than five adult visitors shall be allowed in the registration area at any time during checkout.

Rulemaking Authority 944.09, 944.23 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02.

33-601.731 Suspension of Visiting Privileges.

(1) Suspension of Inmate Visiting Privileges.

(a) Suspension of an inmate’s visiting privileges shall be considered by the ICT as a management tool independent of any disciplinary action taken pursuant to Rules 33-601.301 through 33-601.314, F.A.C. The ICT shall consider the following factors when contemplating a suspension of an inmate’s visitation privileges:

1. Allowing for continued visiting privileges would present a threat to the safe and secure operation of the institution, or to the security and operational integrity of visiting area;
2. The severity of the precipitating conduct/offense(s);
3. The inmate’s placement or pending placement into a special status such as close management, administrative confinement, disciplinary confinement, or maximum management would on its own result in the appropriate visitation restriction;
4. The suspension of visiting privileges will be a significant detriment to the inmate’s successful reentry into society by hindering maintenance of community and family ties.

(b) Suspension of an inmate’s visiting privileges shall be considered by the ICT as a management tool only when an inmate is found guilty of the following offenses: 

1. Any rule violation which occurred during visiting, is visiting-related conduct, or is reasonably connected to the visitation process;
2. Unauthorized possessing or using: a cellular telephone or other portable communication device as defined in Section 944.47(1)(a)6., F.S.; any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under the statute.
3. Possessing any firearms, dangerous weapons, explosives or explosive devices;
4. Lewd or lascivious exhibition by intentionally masturbating, intentionally exposing genitals in a lewd or lascivious manner, or intentionally committing any other sexual act in the presence of a staff member, contracted staff member or visitor;
5. Participation in a sexual assault or battery;
6. Committing or engaging in sexual misconduct (i.e., nudity, sexual acts with or without others, willful exposure of private body parts, or soliciting sexual acts from others);
7. Participation in an escape or attempted escape;
8. Possession of escape paraphernalia or any other item that presents a threat to the safe and secure operation of the institution;
9. An incident causing death;
10. Any physical assault on staff causing injury or that could have caused injury;
11. The taking of a hostage(s);
12. Possessing or passing money;
13. Possessing or using unauthorized drugs, which includes, but is not limited to narcotics, depressants, stimulants, aromatic stimulants, hallucinogens, cannabis, and any other type of intoxicant (excluding intoxicating beverages), or drug paraphernalia or refusing to submit to substance abuse testing;
14. Possessing or using intoxicating beverages;
15. Possessing a recording device.
16. Possessing or using tobacco in violation of Rule 33-401.401, F.A.C.

(c) The ICT shall temporarily suspend the visiting privileges of any inmate subject to a pending investigation for escape, attempted escape, or possession of escape paraphernalia until the investigation is complete. If the inmate is found guilty, the ICT shall consider suspension of the inmate’s visiting privileges pursuant to paragraph (1)(b), of this rule. If the inmate is not found guilty, the ICT shall immediately reinstate the inmate’s visiting privileges.

(d) If an inmate is found guilty of an offense listed in paragraph (1)(b), the ICT shall suspend the inmate’s visiting privileges for the length of time specified on Form NI1-102, Visiting Privileges Suspension Matrix, http://www.flrules.org/Gateway/reference.asp?No=Ref-08547, Form NI1-102, is hereby incorporated by reference. Copies of the form are available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The effective date of the form is 08/17. If an inmate’s visiting privileges are suspended pursuant to this rule and the inmate receives a subsequent guilty finding for one of the offenses listed in paragraph (1)(b), the inmate is subject to an increased period of suspension as follows: 

1. If the subsequent offense occurs within two years of a guilty finding for the same offense, the inmate’s visiting privileges shall be suspended for the length of time specified on Form NI1-102 for subsequent offenses. This period of suspension shall be concurrent with any period of suspension remaining as a result of the previous offense.
2. If the subsequent offense is different from the previous offense, the inmate’s visiting privileges shall be suspended for the length of time specified on Form NI1-102 for an initial violation. However, this period of suspension shall be concurrent with any period of suspension remaining as a result of the previous offense.

(e) In lieu of suspending an inmate’s visiting privileges, the ICT is authorized to consider placement of an inmate in non-contact visitation status as provided in Rule 33-601.735, F.A.C., for offenses listed in paragraph (1)(b).

(f) The regional director shall consider, as a management tool, visiting suspensions outside the timeframe limits of the Visiting Privileges Suspension Matrix, Form NI1-102, up to and including indefinite suspensions, for those inmates who have demonstrated through continued behavior to be a chronic and recurring management problem or it has been determined that the inmate committed such an egregious act(s) that threatens the safety of others, threatens the security, order or effective management of the institution, or otherwise demonstrates an inability to respect and honor the visiting privileges bestowed upon him/her. The ICT shall submit a detailed recommendation to the regional director outlining the reasons for its recommendation. The recommendation and the regional director’s decision shall be recorded in the department’s electronic inmate database and the inmate will be notified accordingly. 

(2) Suspension of Visitor Visiting Privileges.

(a) A visitor’s visiting privileges shall be indefinitely suspended by the warden or designee when the visitor:

1. Is found in possession of unauthorized drugs, which includes, but is not limited to narcotics, depressants, stimulants, aromatic stimulants, hallucinogens, cannabis and any other type of intoxicant (excluding intoxicating beverages), or drug paraphernalia when on the property of any department facility, when entering or exiting any department facility, or is found passing, attempting to pass, accepting, or attempting to accept such items to or from an inmate.
2. Is found in possession of a firearm, ammunition or explosive device, articles, or instrument, or is found attempting to pass or passing such items to an inmate. Staff will secure the weapons for the law enforcement officers.
3. Assists, facilitates, aids or abets an inmate to escape or attempt to escape or is found in possession of or passing or attempting to pass to an inmate any item or instrument that is capable of being used to aid in effecting or attempting an escape. Local law enforcement shall be called in this instance.
4. Commits repeated visiting rule or procedure infractions.
5. Visits or attempts to visit an inmate work area or walks or drives along the perimeter road or the grounds of the institution except in those areas designated specifically for inmate visitation or visitor parking.
6. Evidences intent to do harm to staff, inmates or visitors.
7. Is found in possession of or is found passing or attempting to pass to an inmate: a cellular telephone or other portable communication device, as defined in Section 944.47(1)(a)6., F.S.; any components or peripherals to such devices, including but not limited to SIM cards, Bluetooth items, batteries, and charging devices; any other technology that is found to be in furtherance of possessing or using a communication device prohibited under the statute. 

(b) A visitor’s visiting privileges shall be suspended by the warden or designee when the visitor:

1. Attempts to pass or passes money to an inmate.
2. Is intoxicated or has consumed intoxicating beverages or is found in possession of intoxicating beverages on the grounds of any department facility, or is found passing or attempting to pass such items to an inmate.
3. Violates visitor conduct standards in Rule 33-601.727, F.A.C.
4. Commits criminal activity.
5. Falsifies information to obtain visiting privileges, including falsification of guardianship documents, unless it is reasonably determinable that the incorrect information was provided as a result of an inadvertant or good faith mistake, omission, or clerical error. 
6. Violates the visitor search provisions of Rule 33-601.726, F.A.C.

(c) If a visitor is determined to have committed an offense listed in paragraph (2)(b), the warden or designee shall suspend the visitor’s visiting privileges for the period of time specified on Form NI1-102, Visiting Privileges Suspension Matrix. If a visitor’s visiting privileges are suspended pursuant to this rule and the visitor subsequently commits one of the offenses listed in paragraph (2)(b), the visitor is subject to an increased period of suspension as follows:

1. If the subsequent offense occurs within two years of the commission of the same offense, the visitor’s visiting privileges shall be suspended for the length of time specified on Form NI1-102 for subsequent offenses. This period of suspension shall be concurrent with any period of suspension remaining as a result of the previous offense.
2. If the subsequent offense is different from the previous offense, the visitor’s visiting privileges shall be suspended for the length of time specified on Form NI1-102 for an initial violation. However, this period of suspension shall be concurrent with any period of suspension remaining as a result of the previous offense.

(3) The warden or designee shall have the discretion to impose a length of suspension less than the maximum allowed by rule by considering the type of violation, the impact of the violation on the overall security or safety of the institution, and prior visits without incident. 

(4) The regional director acts as the final reviewing authority for all indefinite suspensions in which the warden was the suspending authority of a visitor’s visiting privileges. The regional director’s decision shall be recorded in the department’s electronic inmate database.

(5) Temporary suspensions. The Inspector General’s Office is authorized to temporarily suspend the visiting privileges of an approved visitor who is involved in or is the subject of an ongoing investigation pending the outcome of the investigation.

Rulemaking Authority 944.09, 944.115 FS. Law Implemented 944.09, 944.115, 944.23, 944.47, 944.8031 FS. History–New 11-18-01, Formerly 33-601.707, 33-601.708, Amended 5-27-02, 9-29-03, 10-4-07, 1-8-09, 10-23-11, 9-24-12, 12-9-12, 6-18-13, 11-4-14, 8-7-17.

33-601.732 Reinstatement of Suspended Visiting Privileges. 

(1) The warden or designee shall approve or deny requests for reinstatement of an inmate’s suspended visiting privileges except in those cases in which the regional director was the suspending authority. The inmate shall submit a written request for reinstatement to the warden or if applicable, the regional director on Form DC6-236, Inmate Request. Form DC6-236 is incorporated by reference in Rule 33-103.005, F.A.C.

(a) Reinstatement of indefinitely suspended privileges shall only be considered after two years from imposition.

1. The regional director shall review the request, render a final decision and notify the inmate concerned. 
2. Should the inmate be denied reinstatement, the inmate may not make another request for one year from the last decision requesting reinstatement.

(b) Privileges suspended for two years or less shall not be considered for reinstatement by the regional director for a period of one year. Should the inmate be denied, the inmate may not make another request for six months from the last decision requesting reinstatement.

(c) Privileges suspended for one year or less shall not be considered for reinstatement by the warden or designee until at least six months from the date of suspension. Should the inmate be denied reinstatement, the inmate may not make another request.

(d) The regional director, warden or designee shall consider the following factors in considering whether a visitor’s visitation privileges shall be reinstated:

1. Whether reinstatement will pose a threat to the security of visiting operations, based on the inmate’s disciplinary record and classification status as determined by Rule 33-601.210, F.A.C.;
2. The severity of the offense(s) for which visiting privileges were suspended;
3. Whether reinstatement of visiting privileges will benefit the inmate’s successful reentry into society by facilitating maintanence of community and family ties.

(2) The warden or designee shall approve or deny requests for reinstatement of a visitor’s suspended visiting privileges. The visitor, or inmate on behalf of the affected visitor, shall submit a written request for reinstatement of privileges to the assigned institutional classification officer. The visitor for whom the reinstatement is being considered shall submit a Request for Visiting Privileges, Form DC6-111A, if the suspension has been for longer than six months. 

(a) Reinstatement of indefinitely suspended privileges shall only be considered after two years from imposition. 

1. The warden or designee shall review the request, render a final decision and notify the visitor concerned.
2. Should the visitor be denied reinstatement, the inmate or suspended visitor may not make another request for one year from the last decision requesting reinstatement.

(b) Privileges suspended for two years or less shall not be considered for reinstatement for a period of one year. Should the visitor be denied reinstatement, the inmate or suspended visitor may not make another request for six months from the last decision requesting reinstatement.

(c) Early reinstatement of suspensions of one year and under shall not be considered until at least six months from the date of suspension. Should the visitor be denied reinstatement, the inmate or suspended visitor may not make another request.

(d) The warden or designee shall consider the following factors in considering whether a visitor’s visitation privileges shall be reinstated:

1. The severity of the offense(s) for which visiting privileges were suspended;
2. The relationship between the visitor and the inmate, such as whether the visitor is a family member.

Rulemaking Authority 944.09 FS. Law Implemented 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03, 2-13-12, 9-24-12, 8-7-17.

33-601.733 Visiting – Special Status Inmates.

(1) Inmates in special statuses, except for medical reasons, are not considered inmates with regular visiting privileges and must have special approval to visit. Inmates in special statuses shall be prohibited or restricted from regular visiting due to adverse impacts on security and orderly institutional operation.

(a) During initial reception periods, inmates awaiting transfer to their initial permanent facility shall not be permitted visits. The warden or duty warden shall grant special visits, as outlined in Rule 33-601.736, F.A.C., if the inmate remains at the reception center more than 45 days.

(b) Inmates in administrative confinement, protective management, or disciplinary confinement status shall have visiting privileges as outlined in Rules 33-602.220, 33-602.221 and 33-602.222, F.A.C., respectively. The warden or designee shall determine whether an approved visit for inmates in one of the above statuses will be non-contact pursuant to Rule 33-601.735, F.A.C.

(c) Inmates in the youthful offender basic training program shall be allowed visiting in accordance with Rule 33-601.237, F.A.C. 

(2) Upon placement in a special classification status where visiting privileges are prohibited or restricted, the warden shall ensure:

(a) That inmates are provided the opportunity, at the inmates’ expense, to notify at least three approved visitors of the prohibition or restriction before the next scheduled visiting day if the situation permits the inmate to do so, or

(b) That staff makes visitor notifications by phone if the inmate is unable to make them.

(3) Visitation for inmates in prolonged hospitalization, with serious medical conditions or terminal illnesses shall be allowed visits unless security or medical issues as determined by the warden and chief health officer preclude visitation. A decision shall be made on a case-by-case basis. If visitation is authorized, the warden, in consultation with the chief health officer, shall determine the visitation schedule and shall inform at least three members of the inmate’s immediate family. The regional director shall be informed in high notoriety cases before allowing visiting.

(4) An inmate housed in a mental health unit shall be permitted visits except as prohibited by the warden upon the advice of the chief health officer on a case-by-case basis.

(a) The warden shall prohibit an inmate housed in a mental health unit from receiving visitation where the warden determines that allowing the visit creates a substantial risk to the security of the institution, inmate, or visitor. In determining whether an inmate should be prohibited from receiving visitation the warden shall consider the custody level, special status, disciplinary history, and any other factors related to the security, order, or effective management of the institution.

(b) The chief health officer shall recommend prohibiting an inmate housed in a mental health unit from receiving visitation where the chief health officer has made or relied on a doctor’s determination that visitation with a particular individual or visitation in general is likely to cause substantial harm to the inmate or the individual visiting the inmate.

(5) A maximum management inmate shall be allowed to receive non-contact visits from approved visitors in accordance with Rule 33-601.820, F.A.C.

(6) An inmate in close management shall be allowed to receive visits from approved visitors in accordance with Rule 33-601.800, F.A.C.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Formerly 33-601.704, Amended 5-27-02, 12-25-08, 6-28-12.

33-601.735 Non-Contact Visiting.

(1) When the ICT determines that non-contact visiting is necessary in order to maintain the security and good order of the institution, the ICT shall make a recommendation to the warden who shall approve or disapprove the recommendation.

(2) The ICT shall consider the following factors in determining whether to place an inmate in non-contact status:

(a) Whether the inmate is a threat to the security of the institution,

(b) The inmate’s and his or her visitors’ past behavior during visiting,

(c) The inmate’s disciplinary history within the last five years involving drugs, contraband, violence, or visiting policy violations occurring during visiting,

(d) Evidence or criminal intelligence reports that an inmate has possessed, sold, or transferred drugs or alcohol,

(e) Whether the inmate has a confirmed membership in a security threat group, and

(f) A positive drug or alcohol urine test.

(3) The ICT shall review non-contact visiting status a minimum of every 6 months to evaluate whether changes are necessary based upon the following:

(a) The seriousness of the incident or circumstances resulting in placement in non-contact status,

(b) The inmate’s history of repeated placement on non-contact status,

(c) The inmate’s overall adjustment history since placement in non-contact status, and

(d) The inmate’s disciplinary pattern within the last year related to drugs, contraband involvement, violence, or visiting rule violations. 

(4) The warden shall ensure that there is sufficient space for non-contact visiting based on space available and allowable visitors.

(a) Non-contact visits shall be scheduled for one two-hour visit per week unless an emergency exists or security concerns dictate otherwise.

(b) Non-contact visits shall be limited to a maximum of four adult visitors and as many children as can be accommodated at a time.

(c) More than four visitors can be allowed to visit on a given day, but visiting will be on a rotating basis during the two-hour period.

(d) Inmates are responsible for notifying visitors of their placement on non-contact visiting status.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01.

33-601.736 Special Visits.

(1) The warden or duty warden is authorized to approve special visits, impose special conditions for visiting outside of the regular visiting schedule, and to make exceptions to the number of visitors allowed.

(2) Before approving a special visit for any person who is not in the inmate’s approved visiting record, institutional staff shall obtain a criminal history on the prospective visitor.

(3) The Visitor Screening Matrix, Form DC6-111D shall be used to evaluate the proposed visitor’s criminal record and visiting background in determining approval or disapproval of the special visiting request. Form DC6-111D is incorporated by reference in Rule 33-601.737, F.A.C.

(4) Requests for a special visit shall be made by the inmate on the Inmate Request, Form DC6-236 or in writing or by phone by an individual requesting a special visit. The request shall be submitted no less than five workdays in advance of the requested visit. The warden or duty warden shall approve or deny the request by the next working day after receipt. If it can be conclusively established that circumstances prevented the visitor from requesting a special visit within the five-day period, the warden or duty warden shall consider the request for a special visit. The inmate shall be responsible for notifying individuals approved for a special visit.

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.8031 FS. History–New 11-18-01, Amended 5-27-02, 9-29-03.