Fla. Admin. Code Ann. R. 33-210.101 - Routine Mail
(1) The provisions
of this rule apply to all incoming and outgoing routine mail. "Routine mail" is
all incoming and outgoing inmate mail, except legal mail as defined in Rule
33-210.102, F.A.C., privileged
mail as defined in Rule
33-210.103, F.A.C., and
publications as defined in Rule
33-501.401, F.A.C. "Electronic
mail processing, " where used herein, refers to the process of electronically
scanning routine mail to digitize the documents received.
(2) Except as provided in this rule, an
inmate may receive mail from any person or group.
(3) Inmates are responsible for informing
correspondents of the regulations concerning incoming routine mail.
(4) Inmates are permitted to receive only the
following items through incoming routine mail:
(a) Up to and including 15 pages of written
materials, including correspondence, unless an inmate receives prior approval
from the warden to receive correspondence of greater than 15 pages. Each page
can be no larger than 8 1/2'' x 11'' in size; material can be on both sides of
a page. No item can be glued, taped, stapled or otherwise affixed to a page.
Requests to receive correspondence of greater than 15 pages shall be made to
the warden prior to receipt of the material using Form DC6-236, Inmate Request.
Exceptions to the 15-page limitation requirement shall be granted by the warden
only when extraordinary circumstances are shown. Examples of extraordinary
circumstances include imminent death of a friend or family member in which
regular correspondence is not possible and when the health and/or safety of an
inmate is involved. The warden or his/her designee shall advise the sender and
the mail room of his or her approval or disapproval of the request within 15
days of receipt of the request.
(b)
Written correspondence that is written in English, Spanish, or Creole. Inmates
who cannot read and write in English, Spanish, or Creole may request approval
from the warden to correspond and receive correspondence in the language that
the inmate can read and write using Form DC6-236, Inmate Request. The warden
shall approve such requests when there is Department staff who can translate
the correspondence or when it is otherwise possible to obtain translation
services to translate the correspondence at a de minimis cost to the
Department. For purposes of this rule, a de minimis cost to the Department is a
cost less than $1.00 (one dollar). Correspondence may be written on greeting
cards, but greeting cards containing electronic or other non-paper parts, cards
that are constructed in such a way as to permit concealment of contraband, or
cards that are larger than 8'' x 10'' when unfolded will not be permitted. Form
DC6-236 is incorporated by reference in Rule
33-103.005, F.A.C.
(c) Written material on paper that is no
larger than 8 1/2'' x 14''. Written material can be on both sides of a page.
This does not include publications, which shall be handled pursuant to Rule
33-501.401, F.A.C. Individual
articles or clippings from publications, the content of which is otherwise
admissible, are permissible. No item can be glued, taped, stapled, or otherwise
affixed to a page.
(d) Photographs
that are no larger than 8" x 10" in size. Nude photographs or photographs that
reveal genitalia, buttocks, or the female breast will not be permitted.
Polaroid photographs and commercial photographs will not be permitted.
Commercial photographs are those produced in bulk that are not actual
photographs but are computer or printer copies usually produced for sale or
purchase.
(5) Except for
items that are illegal, if an impermissible item is received by the Department
or a Department contractor, the entire correspondence will be returned to the
sender pursuant to subsection (9) of this rule. For example, the following
items may not be included with or attached to incoming routine mail:
(a) non-paper items;
(b) items of a non-communicative nature such
as lottery tickets or matchbooks;
(c) 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);
(d) address labels
(other than those affixed to the outside of the mailing envelope);
(e) laminated cards or other laminated
materials; or
(f) unused or blank
greeting cards.
(6)
Electronic processing of routine mail reduces the introduction of contraband
through the routine mail process. Any incoming routine mail received by the
Department or a Department contractor for electronic mail processing shall be
opened and examined and is subject to being read by designated Department
employees and by the Department contractor. If the warden has approved an
inmate to receive correspondence written in a language other than English,
Spanish, or Creole, the correspondence may be translated to confirm that it
complies with all applicable Department rules. If the correspondence cannot be
translated by a Department employee where an inmate is housed or by the
Department contractor, the correspondence will be processed, and a copy will be
sent to another institution or the central office for translation, in which
case the deadline for the amount of time to process mail does not begin until
after an item has been translated. Incoming routine mail that is properly
addressed and otherwise in compliance with applicable Department rules shall
not be held for processing for more than 72 hours after receipt by the
Department or a Department contractor, excluding weekends and holidays. Except
for inmates in certain housing assignments identified in subsection (7) below,
mail processed electronically will be available to inmates through kiosk and
tablet services pursuant to Rule 33-602.900, F.A.C. All original incoming
routine mail that is received for electronic mail processing shall be retained
for 90 days by the Department contractor from the date of receipt, after which
it will be shredded. 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. Following an inmate's release, digitized files of an
inmate's routine mail are available from the contractor on a data storage
device, upon a written request to the contractor. A written request from a
former inmate must be received by the contractor within 30 days of a former
inmate's release, and the contractor has 30 days from receipt of a written
request in which to comply with the request. The contractor's contact
information can be found on the Department's public website at
http://www.dc.state.fl.us/.
(7) Inmates, that as a result of their
housing designation or status are not permitted to access kiosks, kiosk
services, or tablet services as provided for in Rule 33-602.900, F.A.C., will
have their scanned mail printed and delivered at no cost to the
inmate.
(8) Outgoing or incoming
mail shall be disapproved for mailing by or delivery to the inmate if any part
of it:
(a) depicts or describes procedures for
the construction of or use of weapons, ammunitions, bombs, chemical agents, or
incendiary devices;
(b) depicts,
encourages, or describes methods of escape from any correctional institution or
facility, contains blueprints, drawings, or similar depictions of any
Department institution or facility, or includes road maps that can facilitate
escape from any Department institution or facility;
(c) depicts or describes procedures for the
brewing of alcoholic beverages or the manufacture of drugs or other
intoxicants;
(d) is written in code
or is otherwise written in a manner that is not reasonably subject to
interpretation as to meaning or intent by Department staff or the Department
contactor;
(e) depicts, describes,
or encourages activities that may lead to the use of physical violence or group
disruption;
(f) encourages or
instructs in the commission of criminal activity;
(g) is dangerously inflammatory in that it
advocates or encourages riot, insurrection, disruption of the institution, or
violation of Department or institution rules;
(h) threatens physical harm, blackmail, or
extortion;
(i) pictorially depicts
sexual conduct as defined by Section
847.001, F.S., as follows:
1. actual or simulated sexual
intercourse;
2. sexual
bestiality;
3.
masturbation;
4. sadomasochistic
abuse;
5. actual contact with a
person's unclothed genitals, pubic area, buttocks, or, if such person is a
female, breast;
6. any act or
conduct which constitutes sexual battery or simulates that sexual battery is
being or will be committed;
(j) presents nudity in such a way as to
create the appearance that sexual conduct is imminent (i.e., the display of
contact or intended contact with genitals, pubic area, buttocks, or female
breasts orally, digitally, or by a foreign object, or the display of sexual
organs in an aroused state);
(k)
contains photographs that depict nudity;
(l) contains criminal history, offender
registration, or other personal information about another inmate or offender
which, in the hands of an inmate, presents a threat to the security, order, or
rehabilitative objectives of the correctional system or to the safety of any
person;
(m) contains an
advertisement promoting any of the following where the advertisement is the
focus of, rather than incidental to, the publication, or the advertising is
prominent or prevalent throughout the publication:
1. three-way calling services;
2. pen-pal services;
3. the purchase of products or services with
postage stamps; or
4. conducting a
business or profession while incarcerated.
(n) is not in compliance with the incoming
mail regulations set forth in subsections (4) and (5) of this rule;
(o) contains or appears to contain unknown or
unidentifiable substances; or
(p)
otherwise presents a threat to the security, order, or rehabilitative
objectives of the correctional system or to the safety of any
person.
(9)
(a) When an inmate is prohibited from
receiving incoming routine mail, the inmate and the sender will be given notice
in writing on Form DC2-521, Unauthorized Mail Return Receipt, that the
correspondence has been disapproved for delivery and stating at least one of
the authorized reasons for disapproval. One copy of Form DC2-521 will be given
to the inmate and one copy will be placed in the original envelope with the
correspondence and returned to the sender. However, if incoming correspondence
is rejected by the Department or a Department contractor because it does not
comply with the requirements of subsections (16) or (21) of this rule, Form
DC2-521 will not be prepared. Instead, Department staff or the Department
contractor shall write or stamp the reason for rejection on the correspondence
and it shall be returned unopened to the sender by the U.S. Postal Service.
Form DC2-521 is hereby incorporated by reference. Copies of the form are
available from the Forms Control Administrator, 501 South Calhoun Street,
Tallahassee, Florida 32399-2500,
https://www.flrules.org/Gateway/reference.asp?No=Ref-06806.
The effective date of this form is 05/16.
(b) If the incoming routine mail is
disapproved for one of the reasons listed in subsections (10), (11), or (12),
paragraphs (8)(a) through (l) or (o), or subsection (14) or (15) of this rule,
Department staff or the Department contractor shall make a copy of the
correspondence before returning the original to the sender along with Form
DC2-521, Unauthorized Mail Return Receipt. If the Department or the Department
contractor receives identical correspondence from the same individual or entity
that is addressed to more than 10 different inmates and the correspondence is
disapproved for one of the reasons stated above, Department staff or the
Department contractor shall make only one copy of the correspondence before
returning the originals to the sender along with one Form DC2-521. The
originals may be returned together in a single package.
(c) The copies of returned correspondence
shall be retained by the Department or the Department contractor for 30 days,
not including any time that a grievance appeal is pending, provided the inmate
has initiated the process by filing a formal grievance within 15 days of notice
of the delivery disapproval. The inmate is not required to file an informal
grievance regarding the delivery disapproval.
(d) If unauthorized items are discovered in
incoming routine mail (other than items of an illegal nature), the unauthorized
item and the correspondence will be returned to the sender along with Form
DC2-521, Unauthorized Mail Return Receipt.
(10) Correspondence between inmates at
different institutions or facilities is subject to the prior approval of the
warden of each institution or facility. Either warden shall withhold approval
if he or she finds that the intended correspondence would present a substantial
threat of interference with the security, order, or rehabilitative objectives
of his or her institution or facility.
(11) Correspondence with individuals under
civil commitment as sexually violent predators is subject to the prior approval
of the warden. The warden shall withhold approval if he or she finds that the
intended correspondence would present a substantial threat of interference with
the security, order, or rehabilitative objectives of his or her
institution.
(12) Inmates shall not
use correspondence privileges to solicit or otherwise commercially advertise
for money, goods, or services. For the purposes of this rule, this includes the
placing of ads soliciting pen-pals. Inmates who post ads or have ads posted
with the assistance of another person shall be subject to disciplinary action.
If an inmate alleges that an ad was posted by another person without his or her
permission or that the ad was placed before the restriction on soliciting
pen-pals became effective, it is the responsibility of the inmate to request
that the ad be removed by submitting a written request to the owner, operator,
or administrator of the forum in which the ad is located if it is reasonably
possible for the Department to identify the physical address of such entity. No
inmate shall be subject to discipline if the ad is not removed subsequent to
submission of the written request. If it is not reasonably possible for the
Department to identify the physical address of the owner, operator, or
administrator of the forum in which the ad is located, the inmate must submit
Form DC6-236, Inmate Request, to the warden indicating that the ad was placed
without the inmate's knowledge or consent or that it was placed prior to the
restriction on solicitation of pen-pals. In such case, the inmate shall be
subject to disciplinary action only if it is discovered that the inmate posted
the ad or requested that the ad be posted and, when applicable, that the ad was
posted subsequent to the restriction on solicitation of pen-pals.
(13) Inmates may not send mail to any person
who has advised the warden that he or she does not wish to receive mail from
the inmate. The parents or legal guardians of a person under the age of 18 may
advise that mail is not to be sent to such person. Upon receipt of such
advisement, the warden will cause to be prepared an acknowledgment specifying
that the inmate will not be permitted to send mail to the person requesting the
correspondence restriction and that such person should return any further mail
received from the inmate and notify the warden of the attempt to correspond.
After the inmate is notified of the correspondence restriction, any further
attempt to correspond will be considered a violation of this rule and of
section 9-14 of the Rules of Prohibited Conduct set forth in Rule
33-601.314, F.A.C., and will
subject the inmate to disciplinary action. This restriction does not apply to
civil pleadings or other legal documents pertaining to a civil case in which
both the inmate and the receiver are parties, and no inmate shall be subject to
disciplinary action for mailing such items.
(14) Inmates shall not establish or conduct a
business through the mail while incarcerated.
(15) Inmates are prohibited from entering
contests or sweepstakes through the mail while incarcerated.
(16) Incoming and outgoing routine mail shall
be delivered to and picked up from the institution or facility by the U.S.
Postal Service only. Incoming routine mail that is to be processed
electronically shall be sent via the U.S. Postal Service to a centralized
address designated by the Department that is posted on the Department's public
website. All such mail will be picked up for electronic mail processing by the
Department contractor. All legal mail as defined in Rule
33-210.102, F.A.C., or
privileged mail as defined in Rule
33-210.103, F.A.C., received at
the centralized address designated by the Department shall be returned to the
U.S. Postal Service for disposition.
(a) The
address on all incoming routine mail must contain the inmate's committed name,
identification number, and institutional address or centralized address
designated by the Department. The inmate's dorm and bunk locations are not
required. All incoming routine mail shall contain the return address of the
sender, which is subject to verification. All incoming routine mail shall be
rejected if the recipient or sender cannot be verified.
(b) The return address of all outgoing
routine mail shall contain the inmate's committed name, identification number,
and institutional name, and institutional address. The inmate's dorm and bunk
locations are not required. No prefix other than inmate, Mr., Ms., Miss, or
Mrs., nor any suffix other than Jr., Sr., or Roman numeral such as II or III
may be included as part of the committed name in the return address. The
institutional name in the return address must be spelled out completely with no
abbreviations. All outgoing routine mail will be stamped "mailed from a state
correctional institution" by mail room staff.
(c) Third party mailing services.
1. An inmate shall not utilize any
third-party mailing services or engage in any activities that would enable the
inmate to engage in correspondence without revealing his or her status as an
inmate. Examples of prohibited activities include the following:
a. placement of ads in magazines, newspapers,
or other publications;
b. posting
of ads or other information on Internet sites;
c. use of any mailing service that allows the
inmate to utilize a non-institutional address and engage in correspondence
without revealing his or her status as an inmate; or
d. any activity or service that does not
reveal to potential correspondents the inmate's status as an inmate.
e. Any inmate who is discovered to be
participating in any of the above-prohibited activities shall be subject to
disciplinary action in accordance with Rules
33-601.301 -.314,
F.A.C.
2. A person
sending correspondence to an inmate shall not utilize any third-party mailing
services or engage in any activities that would enable the sender to engage in
correspondence without revealing his or her identity or return
address.
(17)
When an inmate is transferred or released, incoming routine mail addressed to
the inmate shall be treated as follows:
(a)
For 30 days after a transfer or release, all first-class and second-class
periodicals will be returned to the U.S. Postal Service within 10 working days
of receipt with a forwarding address, if available, and a request to postal
authorities to forward the periodicals to the inmate. All postage due is the
responsibility of the inmate and must be paid in accordance with postage
regulations. At the end of the 30-day period, all first-class and second-class
routine periodicals will be returned to the U.S. Postal Service with no attempt
to have mail forwarded.
(b) From
the date of transfer or release, all incoming routine mail other than
first-class and second-class periodicals will be returned to the U.S. Postal
Service for disposition.
(18) No postage or writing materials shall be
provided to inmates for routine mail except as provided in this subsection.
Postage and writing materials shall be provided to any inmate with insufficient
funds to allow the inmate to mail one first class letter weighing one ounce or
less each month, which must be used for mailing one first class letter weighing
one ounce or less each month. Local procedures may be established to require
the inmate to request the free postage and writing materials or to establish a
specific day of the month for the free letters to be processed.
(19) Inmates shall not utilize hand-made
packages or envelopes to send out routine mail. Mail enclosed in such materials
will be returned to the inmate without processing.
(20) Outgoing packages and envelopes will not
bear any artwork, additional lettering, or designs other than the required
mailing address and return address.
(21) No packaging other than standard
envelopes shall be given to inmates. Incoming mail that includes the following
types of packaging shall be rejected and returned to the sender unopened:
envelopes that have metal parts, boxes, padded envelopes, plastic bags, card
stock type envelopes (e.g., U.S. Mail Priority or U.S. Mail Express cardboard
envelopes), multi-layer packaging, bubble wrap, packing peanuts, and similar
packaging.
(22) Inmates shall not
use postage stamps as currency to pay for products or services. Postage stamps
placed in outgoing mail for this purpose will be deemed contraband. Incoming
mail that solicits inmates to purchase products or services and allows payment
with postage stamps will be rejected.
Notes
Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09 FS.
New 10-8-76, Amended 10-11-77, 4-19-79, 11-19-81, 3-12-84, 10-15-84, Formerly 33-3.04, Amended 7-8-86, 9-4-88, 3-9-89, 9-1-93, 9-30-96, 5-25-97, 6-1-97, 10-7-97, 5-10-98, Formerly 33-3.004, Amended 12-20-99, Formerly 33-602.401, Amended 12-4-02, 8-5-03, 10-27-03, 9-20-04, 3-23-08, 7-2-09, 5-9-10, 12-5-12, 4-1-13, 7-8-14, 5-25-16, 11-29-21.
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