Fla. Admin. Code Ann. R. 33-103.011 - Time Frames for Inmate Grievances

When determining the time frames for grievances in all cases, the specified time frame shall commence on the day following the date of the incident or response to the grievance at the previous level. For example, if an incident occurred on December 1, fifteen days from that date would be December 16.

(1) Filing of Grievances.

(a) Informal Grievances - Must be received within 20 days of when the incident or action being grieved occurred unless the inmate has requested in writing and received approval for a 45 day extension to file an informal grievance about being physically restrained during pregnancy, labor or post-partum recovery pursuant to rule 33-602.211, F.A.C. The request for an extension must be submitted on Form DC6-236, Inmate Request, and received within 20 days of the application of restraints.

1. In instances when an inmate places his or her grievance or extension request into the grievance box on the 20th day after the date of the alleged incident, but after the grievances were retrieved from the box for that day, it shall be treated as timely.

2. The grievance of an inmate who was granted a 45-day extension that is retrieved from the grievance box on the 66th day and dated accordingly by Department staff, shall be treated as timely.

(b) Formal Grievances - Must be received no later than 15 calendar days from:

1. The date on which the informal grievance was responded to; or

2. The date on which the incident or action being grieved occurred if an informal grievance was not filed pursuant to the circumstances specified in subsection 33-103.006(3), F.A.C., unless the grievance is an issue related to sexual abuse.

3. In instances when an inmate places his or her grievance into the grievance box on the 15th day after the date of such response or such alleged incident/action, but after the grievances were retrieved for that day, it shall be treated as timely.

4. Pursuant to sub-subparagraph 33-103.006(3)(j) 1.a., F.A.C., and notwithstanding the above provisions, sexual abuse grievances filed either by the inmate or a third party may be filed at any time after the incident is alleged to have occurred. After the initial filing, all other applicable timeframes shall apply.

5. If the grievance is filed by an inmate who is visually impaired that requires accommodation, as provided in rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.

(c) Grievance Appeals to the Office of the Secretary - Must be received within 15 calendar days from the date the response to the formal grievance is returned to the inmate.

1. In instances when an inmate places his or her appeal into the grievance box on the 15th day after the date of the response to his or her formal grievance, but after the grievance box was emptied for that day, it shall be treated and processed as timely.

2. If the grievance is filed by an inmate who is visually impaired that requires accommodation, as provided in rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.

(d) Direct Grievances to the Office of the Secretary - Must be received within 15 calendar days from the date on which the incident or action which is the subject of the grievance occurred.

1. In instances when an inmate places his or her grievance into the grievance box on the 15th day after the date on which the incident or action which is the subject of the grievance occurred, but after the grievance box was emptied for that day, it shall be treated and processed as timely.

2. If the grievance is filed by an inmate who is visually impaired that requires accommodation, as provided in rule 33-210.201, F.A.C., the formal grievance must be received within 20 calendar days from the date the informal grievance was responded to or the date on which the incident or action being grieved occurred.

(2) An extension of the above-stated time periods shall be granted when it is clearly demonstrated by the inmate to the satisfaction of the reviewing authority as defined in paragraphs 33-103.002(15)(b) and (c), F.A.C., or the Secretary that it was not feasible to file the grievance within the relevant time periods and that the inmate made a good faith effort to file in a timely manner. The granting of such an extension shall apply to the filing of an original grievance or when re-filing a grievance after correcting one or more deficiencies cited in rule 33-103.014, F.A.C.

(3) Responding to Grievances.

(a) Informal Grievances - Following the initial receipt of an informal grievance, a written response shall be completed within 15 calendar days. See rule 33-103.005, F.A.C.

(b) Formal Grievances - The reviewing authority as defined in paragraph 33-103.002(15)(b), F.A.C., shall have up to 20 calendar days from the date of receipt of the grievance to take action and respond. See rule 33-103.006, F.A.C.

(c) Grievance Appeals and Direct Grievances to the Office of the Secretary - Shall be responded to within 30 calendar days from the date of the receipt of the grievance. See rule 33-103.007, F.A.C.

(d) Emergency Grievances - Shall be responded to within 15 calendar days of receipt pursuant to paragraphs 33-103.006(3)(a) and 33-103.007(6)(b), F.A.C.

(e) Emergency Grievances Alleging Substantial Risk of Imminent Sexual Abuse - corrective action shall be conducted within 48 hours and a response must be provided within 5 calendar days.

(4) The time limit for responding to grievances and appeals may be extended for a reasonable period agreeable to both parties if the extension is agreed to in writing by the inmate. Unless the grievant has agreed in writing to an extension, expiration of a time limit at any step in the process shall entitle the complainant to proceed to the next step of the grievance process. If this occurs, the complainant must clearly indicate this fact when filing at the next step. If the inmate does not agree to an extension of time at the central office level of review, he shall be entitled to proceed with judicial remedies as he would have exhausted his administrative remedies. The Bureau of Policy Management and Inmate Appeals will nevertheless ensure that the grievance is investigated and responded to even though an extension has not been agreed to by the inmate.

(5) If the 15th day referenced in paragraphs 33-103.011(1)(b), (c) and (d), F.A.C., falls on a weekend or holiday, the due date shall be the next regular work day.

Notes

Fla. Admin. Code Ann. R. 33-103.011

Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS.

New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.011, Amended 2-9-05, 3-25-08, 5-27-12, 11-7-12, 11-24-13, 4-20-14, Amended by Florida Register Volume 44, Number 207, October 23, 2018 effective 11/7/2018.

New 10-12-89, Amended 1-15-92, 12-22-92, 4-10-95, 12-7-97, Formerly 33-29.011, Amended 2-9-05, 3-25-08, 5-27-12, 11-7-12, 11-24-13, 4-20-14, 11-7-18.