2019 Florida Regulations 33-601.314: Rules of Prohibited Conduct and Penalties for Infractions
Effective date: 11/4/2014
The following table shows established maximum penalties for the indicated offenses. As used in the table, “DC” means the maximum number of days of disciplinary confinement that may be imposed and “GT” means the maximum number of days of gain time that may be taken. Any portion of either penalty may be applied.
Maximum Disciplinary Actions
SECTION 1 — ASSAULT, BATTERY, THREATS, AND DISRESPECT
1-3
Spoken, written, or gestured threats
30 DC + 90 GT
1-4
Disrespect to officials, employees, or other persons of constituted authority expressed by means of
words, gestures, and the like
30 DC + 60 GT
1-5
Sexual battery or attempted sexual battery
60 DC + All GT
1-6
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
60 DC + 90 GT
1-7
Aggravated battery or attempted aggravated battery on a correctional officer
60 DC + All GT
1-8
Aggravated battery or attempted aggravated battery on staff other than correctional officer
60 DC + All GT
1-9
Aggravated battery or attempted aggravated battery on someone other than staff or inmates
(vendor, etc.)
60 DC + All GT
1-10
Aggravated battery or attempted aggravated battery on an inmate
60 DC + All GT
1-11
Aggravated assault or attempted aggravated assault on a correctional officer
60 DC + All GT
1-12
Aggravated assault or attempted aggravated assault on staff other than correctional officer
60 DC + All GT
1-13
Aggravated assault or attempted aggravated assault on someone other than staff or inmates
(vendor, etc.)
60 DC + All GT
1-14
Aggravated assault or attempted aggravated assault on an inmate
60 DC + All GT
1-15
Battery or attempted battery on a correctional officer
60 DC + All GT
1-16
Battery or attempted battery on staff other than correctional officer
60 DC + All GT
1-17
Battery or attempted battery on someone other than staff or inmates (vendor, etc.)
60 DC + All GT
1-18
Battery or attempted battery on an inmate
60 DC + All GT
1-19
Assault or attempted assault on a correctional officer
60 DC + 180 GT
1-20
Assault or attempted assault on staff other than correctional officer
60 DC + 180 GT
1-21
Assault or attempted assault on someone other than staff or inmates (vendor, etc.)
60 DC + 180 GT
1-22
Assault or attempted assault on an inmate
60 DC + 180 GT
SECTION 2 — RIOTS, STRIKES, MUTINOUS ACTS AND DISTURBANCES
2-1
Participating in riots, strikes, mutinous acts, or disturbances
60 DC + All GT
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
60 DC + All GT
-3
Creating, participating in or inciting a minor disturbance
30 DC + 60 GT
2-4
Fighting
30 DC + 30 GT
SECTION 3 — CONTRABAND — ANY ARTICLE NOT SOLD IN THE CANTEEN, OR
ISSUED BY THE INSTITUTION, OR FOR WHICH YOU DO NOT HAVE A SPECIFIC
PERMIT AUTHORIZED BY THE INSTITUTION WHERE PRESENTLY HOUSED
3-1
Possession of or manufacture of weapons, ammunition, or explosives
60 DC + All GT
3-2
Possession of escape paraphernalia
60 DC + All GT
3-3
Possession of narcotics, unauthorized drugs and drug paraphernalia
60 DC + 180 GT
3-4
Trafficking in drugs or unauthorized beverages
60 DC + All GT
3-5
Manufacture of drugs or unauthorized beverages
60 DC + 180 GT
3-6
Possession of unauthorized beverages
30 DC + 90 GT
3-7
Possession of aromatic stimulants or depressants, such as paint thinner, glue, toluene, etc.
60 DC + 180 GT
3-8
Possession of negotiables — unauthorized amounts of cash where cash is permitted, cash where cash is
not permitted, other inmate’s canteen coupons, other inmate’s cashless canteen or identification cards or gift certificates, checks, credit cards or any other negotiable item which is not authorized
15 DC + 30 GT
3-9
Possession of unauthorized or altered identification — driver’s license, Social security card, cashless canteen identification card, etc.
15 DC + 30 GT
3-10
Possession of unauthorized clothing or linen — State or personal
15 DC + 30 GT
3-11
Possession of stolen property — State or personal
15 DC + 30 GT
3-12
Possession of any other contraband or transfer of item to another inmate resulting in item becoming contraband
15 DC + 30 GT
3-13
Introduction of any contraband
60 DC + All GT
3-14
Unauthorized possession or use of a cellular telephone or any other type of wireless communication device, or 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 Section 944.47(1)(a)6., F.S.
60 DC + All GT
3-15
Possession of gang related paraphernalia or related material, gang symbols, logos, gang colors,
drawings, hand signs, or gang related documents
30 DC + 30 GT
3-16
Non-death row and/or non-community release program inmates — possession, introduction, or trafficking of tobacco or tobacco-related products such as lighters or cigarette papers.
30 DC + 60 GT
3-17
Death row inmates — Possession of tobacco, other than authorized smokeless tobacco, or possession of tobacco-related products intended for use with smoking tobacco such as lighters or cigarette papers; introduction of tobacco or tobacco-related products to non-death row housing or trafficking in such products.
30 DC + 60 GT
SECTION 4 — UNAUTHORIZED AREA
4-1
Escape or escape attempt
60 DC + All GT
4-2
Unauthorized absence from assigned area, including housing, job or any other assigned or
designated area
30 DC + 60 GT
4-3
Being in unauthorized area, including housing, job, or any other assigned or designated area
15 DC + 30 GT
SECTION 5 — COUNT PROCEDURE VIOLATIONS
5-1
Missing count
30 DC + 90 GT
5-2
Failure to comply with count procedures
15 DC + 30 GT
SECTION 6 — DISOBEYING ORDERS
6-1
Disobeying verbal or written order — any order given to an inmate or inmates by a staff member or other authorized person
30 DC + 60 GT
6-2
Disobeying institutional regulations
15 DC + 30 GT
SECTION 7 — DESTRUCTION, MISUSE, OR WASTE OF PROPERTY
7-1
Destruction of State property or property belonging to another
60 DC + All GT
7-2
Altering or defacing State property or property belonging to another
15 DC + 30 GT
7-3
Destruction of State property or property belonging to another due to gross negligence
15 DC + 30 GT
7-4
Misuse of State property or property belonging to another — use for purpose other than the intended purpose
15 DC + 30 GT
7-5
Willful wasting State property or property belonging to another — any waste of edible or usable property
15 DC + 30 GT
7-6
Arson or attempted arson
60 DC + All GT
SECTION 8 — HYGIENE
8-1
Failure to maintain personal hygiene or appearance
10 DC + 15 GT
8-2
Failure to maintain acceptable hygiene or appearance of housing area
15 DC + 15 GT
SECTION 9 — MISCELLANEOUS INFRACTIONS
9-1
Obscene or profane act, gesture, or statement — oral, written, or signified
30 DC + 90 GT
9-2
Bribery or attempted bribery
30 DC + 90 GT
9-3
Breaking and entering or attempted breaking
30 DC + 90 GT
9-4
Attempt, conspiracy, or solicitation to commit any crime or violation of the Rules of Prohibited Conduct
30 DC + 90 GT
9-5
Theft of property under $50.00 in value
30 DC + 60 GT
9-6
Bartering with others
15 DC + 30 GT
9-7
Sex acts or unauthorized physical contact involving inmates
30 DC + 90 GT
9-9
Tattooing, being tattooed, branding or body art to include body piercing
30 DC + 60 GT
9-10
Lying to staff member or others in official capacity, or falsifying records
60 DC + All GT
9-11
Feigning illness or malingering as determined by a physician or medical authority
10 DC + 15 GT
9-12
Gambling or possession of gambling paraphernalia
10 DC + 15 GT
9-13
Insufficient work: This constitutes an inmate not working up to expectation, taking into consideration
the inmate’s physical condition, the degree of difficulty of assignment, and the average performance by fellow inmates assigned to the same task
10 DC + 15 GT
9-14
Mail regulation violations
30 DC + 30 GT
9-15
Visiting regulation violations
30 DC + 30 GT
9-16
Refusing to work or participate in mandatory programs
60 DC + 90 GT
9-17
Disorderly conduct
30 DC + 60 GT
9-18
Unauthorized physical contact involving non-inmates
60 DC + 90 GT
9-19
Presenting false testimony or information before Disciplinary Team, Hearing Officer, or Investigating Officer
60 DC + All GT
9-20
Extortion or attempted extortion
60 DC + 60 GT
9-21
Fraud or attempted fraud
30 DC + 90 GT
9-22
Robbery or attempted robbery
60 DC + All GT
9-23
Theft of property exceeding $50 in value
60 DC + All GT
9-24
Loaning or borrowing money or other valuables
15 DC + 30 GT
9-25
Telephone regulation violations
30 DC + 30 GT
9-26
Refusing to submit to substance abuse testing
60 DC + 180 GT
9-27
Use of unauthorized drugs — as evidenced by positive results from urinalysis test, or observable behavior
60 DC + 180 GT
9-28
Canteen Shortage under $50.00
30 DC + 60 GT
9-29
Canteen Shortage over $50.00
60 DC + All GT
9-31
Use of Alcohol — as evidenced by positive results from authorized tests, or by observable behavior
30 DC + 90 GT
9-32
In accordance with Florida Statutes § 944.279(1), is found by the court to have brought a frivolous or malicious suit, action, claim, proceeding orappeal in any court, or to have brought a frivolous or malicious collateral criminal proceeding or is found by the court to have knowingly or with reckless disregard for the truth brought false information or evidence before the court.
60 DC + All GT
9-33
Tampering with, defeating or depriving staff of any security device. Security devices include: locks; locking devices; electronic detection systems; personal body alarm transmitters and receivers; handheld radios; restraint devices such as handcuffs, waist chains, leg irons and handcuff covers; keys; video and audio monitoring and recording devices; security lighting; weapons; and any other device utilized to ensure the security of the institution.
60 DC + All GT
9-34
Tampering with or defeating any fire or other safety device. Safety devices include: fire, smoke, and carbon dioxide detection devices; alarm systems; fire suppression systems and devices such as fire sprinklers, fire extinguishers, and dry chemical systems; safety and emergency lighting; exit lights; evacuation route and warning placards; self-contained breathing apparatuses; personal protective equipment; first aid kits; eye wash stations; and any other device utilized to ensure the safety of the institution, staff and inmates.
60 DC + All GT
9-35
Establishes or attempts to establish a personal or business relationship with any staff member or volunteer.
60 DC + 180 GT
9-36
Gang related activities, including recruitment; organizing; display of symbols, groups, or group photos; promotion or participation.
30 DC + 60 GT
9-37
Unauthorized use of or tampering with a computer, computer peripheral device, or any other office equipment. Other office equipment includes copying machines, facsimile machines, postage meters, or any other device utilized in an office or office-like environment.
60 DC + All GT
9-38
In accordance with Florida Statutes § 817.535(4), is found by the court to have filed or directed a filer to file, with the intent to defraud or harass another, any instrument containing a materially false, fictitious, or fraudulent statement or representation that purports to affect an owner’s interest in the property described in the instrument.
60 DC + All GT
9-39
Committing, attempting to commit, conspiring to commit, or soliciting another person to commit an unauthorized or illegal financial transaction.
60 DC + 90 GT
9-40
Possession of any items or materials that can be used to facilitate an unauthorized or illegal financial transaction, including account numbers, passwords, PINs, or other similar items or materials that an inmate is not authorized to possess.
60 DC + 90 GT
SECTION 10 — COMMUNITY RELEASE PROGRAM VIOLATIONS — WORK
RELEASE, STUDY RELEASE, FURLOUGH AND VOLUNTEER SERVICE
10-1
Failure to directly and promptly proceed to and return from designated area by approved method
60 DC + 180 GT
10-2
Failure to remain within designated area of release plan
30 DC + 60 GT
10-3
Failure to return if plan terminated prior to scheduled time
30 DC + 30 GT
10-4
Making unauthorized contact — personal, telephone, or otherwise — with any individual in behalf of another inmate
10 DC + 15 GT
10-5
Deviating from or changing approved plan without permission
10 DC + 15 GT
10-6
Making purchase or contract without approval
10 DC + 15 GT
10-7
Failure to deposit entire earnings — less authorized deductions — each pay period
10 DC + 15 GT
10-8
Failure to repay advancement of monies as stipulated in the inmate’s financial plan
10 DC + 15 GT
10-9
Tampering with, damaging, losing, or destroying any electronic monitoring equipment.
60 DC + All GT
SECTION 11 — SUPERVISED COMMUNITY RELEASE PROGRAM VIOLATIONS
11-1
Violation of the terms and conditions of the Supervised Community Release Agreement assignment to a designated facility
30 DC + 60 GT + removal from the Supervised Community Release Program and assignment to a designated facility
11-2
Absconding from the Supervised Community Release Program
60 DC + All GT
Rulemaking authorized by Florida Statutes § 944.09. Implements Florida Statutes § 20.315, 944.09, 944.115, 944.14, 944.279, 944.28. History—New 3-12-84, Amended 1-10-85, Formerly 33-22.12, Amended 12-30-86, 9-7-89, 11-22-90, 6-2-94, 10-1-95, 3-24-97, 7-9-98, 8-13-98, Formerly 33-22.012, Amended 9-30-99, 6-7-00, 4-18-02, 10-10-04, 1-9-05, 4-17-05, 6-5-05, 10-27-05, 10-12-06, 11-8-07, 5-18-08, 11-9-08, 5-11-09, 12-12-10, 10-1-11, 6-18-13, 11-14-13, 11-4-14.