Fla. Admin. Code Ann. R. 33-103.014 - Reasons for Return of Grievance or Appeal Without Processing
(1) The informal
grievance, formal grievance, direct grievance, or grievance appeal, hereafter
referred to as "grievance," may be returned to the inmate without further
processing if, following a review of the grievance, one or more of the
following conditions are found to exist. The reasons listed below are the only
reasons for returning a grievance without a response on the merits.
(a) The grievance addresses more than one
issue or complaint.
(b) The
grievance is so broad, general or vague in nature that it cannot be clearly
investigated, evaluated, and responded to.
(c) The grievance is not written legibly and
cannot be clearly understood.
(d)
The formal grievance was not received within 15 calendar days of the date of
the response to the informal grievance.
(e) The formal grievance was not received
within 15 calendar days of the date on which the incident or action being
complained about occurred, if an informal grievance was not filed pursuant to
subsection
33-103.006(3),
F.A.C.
(f) The inmate did not
provide a valid reason for by-passing the previous levels of review as required
or the reason provided is not acceptable. This evaluation is made on a case by
case basis and the reasons for rejecting the complaint will vary with the facts
alleged in the complaint.
(g) The
grievance did not have the attachments required: informal grievance and
response, except as allowed for in paragraphs
33-103.006(3)(a)
through (h), F.A.C., or the formal grievance
and response, except as provided for in subsection
33-103.007(6),
F.A.C.;
(h) The direct grievance to
the Office of the Secretary was not received within 15 calendar days of the
date that the incident or action being grieved occurred; or
(i) The grievance appeal was not received
within 15 calendar days from the date of the response to the formal
grievance.
(j) The inmate has not
filed his grievance at the location he is presently assigned to as required in
subsection
33-103.015(4),
F.A.C.
(k) The inmate has written
his or her complaint outside of the boundaries of the space provided on the
grievance form or request form.
(l)
The inmate has used multiple copies of grievance forms rather than attachments
as continuation sheets.
(m) A
decision has already been rendered to an inmate by a particular office on the
issue currently being grieved before it.
(n) The inmate is grieving a matter beyond
the control of the Department as described in subsection
33-103.001(5),
F.A.C.
(o) The inmate is raising
allegations and charges in a grievance appeal that have not been raised below
at the previous level. (Since this is an appellate review process and not a
fact-finding process, it is not appropriate to raise new allegations, charges,
and facts that the previous decision maker has not had an opportunity to
investigate and respond to.)
(p)
The inmate has filed more than one appeal of a grievance. This would not
include the situation where an inmate wishes to appeal the denial of his
grievance as well as allege non-compliance with the grievance process. Since
these are two separate issues, they would have to be raised in separate
grievances.
(q) The inmate has
filed a supplement to a grievance or appeal that has already been accepted. An
exception will be made when the supplement contains relevant and determinative
information that was not accessible to or known by the inmate at the time the
original grievance or appeal was filed.
(r) Complaints are raised by an inmate
regarding incidents that do not affect the inmate personally.
(s) The inmate filed a grievance at the
institutional level that should have been filed directly with the Office of the
Secretary.
(t) The inmate used more
than two (2) additional narrative pages.
(u) The inmate filed an informal grievance in
excess to 20 days from the time the event being grieved occurred.
(v) The inmate is using the grievance process
to ask questions or seek information, guidance or assistance.
(w) The inmate is filing an informal
grievance about being physically restrained pursuant to rule
33-602.211,
F.A.C., either beyond the initial required timeframe without first requesting
and obtaining an extension, or has filed beyond an approved 45 day
extension.
(x) The inmate fails to
use his committed name pursuant to rules
33-603.101
and
33-103.006,
F.A.C., when completing a grievance.
(y) The inmate submitted the grievance by
placing it somewhere other than inside the grievance box.
(2) An inmate who has a grievance returned to
him for reasons stated in subsection (1), above [excluding paragraphs (1)(d),
(e), (h), (i), (m), (n), (p), (q), (r), (u), (v) or (w)] may refile utilizing
the proper procedure or correct the stated deficiency and refile, but only if:
(a) The refiled grievance is refiled within
the applicable time frame, or
(b)
The inmate was granted permission to refile outside of the applicable time
frame, and refiles within the extended time frame granted to the inmate as set
forth in subsection
33-103.011(2),
F.A.C. When a grievance is returned to an inmate for being improperly filed,
the inmate shall be told why the grievance was returned and told that in order
to receive administrative review of his complaint he must correct the defects
and re-submit the grievance within the time frames set forth in rule
33-103.011,
F.A.C., unless instructed otherwise in the grievance response. Instructions to
resubmit are not necessary if a grievance is returned for reasons stated in
paragraphs (1)(d), (e), (h), (i), (m), (n), (p), (q), (r), (u), (v) or
(w).
Notes
Rulemaking Authority 944.09 FS. Law Implemented 944.09 FS.
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