Fla. Admin. Code Ann. R. 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.

Notes

Fla. Admin. Code Ann. R. 33-601.729

Rulemaking Authority 944.09 FS. Law Implemented 20.315, 944.09, 944.23, 944.47, 944.8031 FS.

New 11-18-01, Amended 5-27-02, 9-29-03, 2-21-13.

New 11-18-01, Amended 5-27-02, 9-29-03, 2-21-13.