Section 33-601.726 - [Effective until 12/22/2024] Visitor Searches(1) Visitors, visitors' vehicles, and rental vehicles in visitors' possession are subject to search at any time while on institutional property. A visitor who refuses a search as described below will have their current visit denied and their visitation privileges suspended as set forth in Rule 33-601.731, F.A.C.(2) Authorized visitor searches include: (a) Inspection of the interior and exterior of any hand-carried item in a manner that does not damage or destroy the item or impair its use. If the item would be damaged, destroyed, or impaired by the inspection, the visitor will not be permitted to bring the item into the institution.(b) Manual and visual inspection of the visitor's hair, hair piece, toupee, wig, hair extensions, facial hair, and scalp.(c) Visual inspections of the visitor's ears, nose, and mouth without the insertion of any instruments or the officer's fingers.(d) Removal and inspection of the visitor's shoes.(e) Removal and inspection of the visitor's exterior layers of clothing and accessories such as gloves, scarves, overcoats, or sweaters.(f) After removal of any exterior layers of clothing and accessories, manual and visual inspection of the visitor's first layer of clothing worn over the visitor's underwear.(g) Manual and visual inspection of stockings, socks, and diapers. If it becomes necessary to remove the diaper of an infant or toddler for inspection, written consent from the parent, legal guardian, or authorized adult must be obtained as provided in subsection (4), and the inspection must be done in the privacy of a search room by an officer of the same sex as the infant or toddler with the parent, legal guardian, or authorized adult present.(h) Manual and visual inspection, including removal, of the harness, leash, or tether of a service animal.(3) Methods of authorized searches may include:(a) Manual and visual inspection as noted above.(b) The use of metal detection devices.(d) The use of drug ion scanner devices.(e) Unclothed body searches after visitor consent and with supervisory approval.(f) Body scanners operated in compliance with Florida Department of Health regulations.(g) X-ray property/package scanners.(4) Unclothed Body Searches.(a) When security staff has a reasonable suspicion that a visitor is in possession of, or is attempting to introduce, any item of contraband into an institution, and the suspicion cannot be dispelled through less intrusive authorized search methods, security staff will request consent and approval for an unclothed body search.(b) The visitor will be informed of the suspicion and asked to sign Form DC6-1018, Unclothed Body Search Consent. The visitor will be informed that refusal to consent to an unclothed body search will result in the denial of entry into the institution and the suspension of visitation privileges. Form DC6-1018 is hereby incorporated by reference. A copy of the form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-15075. The effective date of the form is 01/23.(c) The parent, legal guardian, or authorized adult will sign the consent form and will be present if a minor is to be subject to an unclothed body search. The parent, legal guardian, or authorized adult will be informed that their refusal to consent to the unclothed body search will result in the denial of the minor's entry into the institution.(d) The warden or duty warden must approve an unclothed body search prior to the search being conducted. Approval will be given only after careful evaluation of the factual grounds that justify the search.(e) Security staff of the same sex as the visitor must conduct approved unclothed body searches.(f) Body cavity searches of visitors are not authorized. If a reasonable suspicion cannot be dispelled by a less intrusive search, the visitor will be denied entry into the institution.(5) Visitor Vehicle Searches. When security staff possesses a reasonable suspicion that a visitor's vehicle, or a rental vehicle in the visitor's possession, contains or has been used to transport any item of contraband, the visitor will be informed of the suspicion and asked to sign Form DC6-1019, Consent to or Notification of Search. The visitor will be informed that refusal to consent to the requested search will result in the denial of entry into the institution and the suspension of visitation privileges. Form DC6-1019 is hereby incorporated by reference. A copy of the form is available from the Forms Control Administrator, 501 South Calhoun Street, Tallahassee, Florida 32399-2500, http://www.flrules.org/Gateway/reference.asp?No=Ref-15076. The effective date of the form is 01/23.Fla. Admin. Code Ann. R. 33-601.726
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, 1-25-05, 1-4-12, 6-28-12, 2-21-13, Amended by Florida Register Volume 49, Number 006, January 10, 2023 effective 1/26/2023.New 11-18-01, Amended 5-27-02, 1-25-05, 1-4-12, 6-28-12, 2-21-13, 1-26-23.