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Rick Scott, Governor
Florida Department of Corrections, Secretary Julie L. Jones

Florida Department of Corrections
Julie L. Jones, Secretary


Public Hearing on Rule 33-601.722 (Visiting Schedule — Notice of Change)

WHAT: DEPARTMENT OF CORRECTIONS PUBLIC HEARING ON RULE 33-601.722 (VISITING SCHEDULE—NOTICE OF CHANGE)
WHEN: Thursday, May 31, from 8:30 - 11:00 a.m. ET
WHERE: Capital Circle Office Center (Betty Easley Center)
Room 148
4075 Esplanade Way
Tallahassee, FL 32399

This meeting is open to the public.

The Department of Corrections is committed to providing an opportunity for public input on Rule 33-601.722, Visiting Schedule—Notice of Change. The Department will welcome public input at the public hearing on the subject rule using the approved speaker registration process. To accommodate as much input as possible from those attending, the Chair reserves the right to designate the amount of time given to each speaker. In order to maximize the available time for public comment, the Chair may ask a speaker to abbreviate their comments when such comments echo previous comments. The Revised Appearance Request/Record form will be available in the lobby on the morning of the hearing and must be submitted in person by the individual identified on the form.

IF YOU WISH TO PROVIDE COMMENTS OR QUESTIONS:
An individual that wishes to be heard during the public meeting will be required to submit a REVISED APPEARANCE REQUEST/RECORD prior to being recognized by the Meeting Chair.

IF YOU DO NOT WANT TO SPEAK, BUT WANT TO REGISTER YOUR SUPPORT OR OPPOSITION:
An individual that does not wish to speak, but rather wishes to register their support or opposition to the proposed rule (Notice of Change), you may do so by completing the REVISED APPEARANCE REQUEST/RECORD and checking the appropriate box at the bottom of the form.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting should notify the agency at least five calendar days before the meeting by calling 850-717-3605. Contact the agency using the Florida Relay Service at 800-955-8771 (TDD) or 800-955-8770 (Voice) if you are hearing or speech impaired.

Agenda

May 31, 2018
8:30 a.m. – 11:00 a.m.

  1. Call to Order
  2. Administrative Matters
  3. Rulemaking Process
  4. Rule 33-601.722, Visiting Schedule – Notice of Change Overview
  5. Public Comments & Questions
  6. Adjournment

Public Hearing – General Information

(1) Obtaining and Assigning the Floor:
To provide for an orderly interaction between Chair, panelist, staff and members of the public during public hearing, there are basic procedures under Robert's Rules of Order for "Obtaining and Assigning the Floor."

The procedures are:

  1. Before any panelist, employee or member of the public may make a motion or speak, he or she must obtain the floor, that is, be formally recognized by the Chair. Once recognized by the Chair, that person has the exclusive right to be heard at that time. If the person is an employee or a member of the public he or she approaches to the microphone. The Chair recognizes the person by their full name.
  2. Only the Chair may assign the floor. Other panelists, employees or members of the public shall not assign the floor.
  3. Anyone who wishes to address the Department must register their information prior to being recognized and yielded the floor. Anyone not recognized by the Chair but who wishes to speak while another person has the floor, is out of order.
  4. Anyone recognized by the Chair shall speak only at the microphone to assure that his or her remarks may be heard and for the preservation of the remarks in the audio recording and meeting minutes.

(2) Public Comment at workshops and meetings:
All persons who request an opportunity to speak at a workshop or meeting will be allowed to speak within the following guidelines:

  1. The Chair will, where appropriate, encourage members of organizations to donate their time to a representative of their organization to speak on their behalf.
  2. The Chair will ask all speakers to refrain from repeating comments from previous members of the public.
  3. When a large number of people wish to speak, the Chair may limit the time for each speaker, or the time allotted to public comment on specific agenda items, in order to ensure that all speakers are heard within the time allotted for the meeting.

Under Florida law, the need to receive and consider public comment may be balanced with the equally important need for orderly meetings.

(3) Public Hearings
In order to assure meaningful and orderly public comment at the public hearing meeting, the following guidelines may be implemented at the discretion of the Chair:

  1. A member of the Department staff will manage the list of registered speakers during the public meeting. The list of registered speakers shall be sequenced based upon their order of receipt.
  2. It is the Chair’s prerogative to establish a time limit for individual speakers. It has been the practice to allow 3 minutes for these individual speakers. However, the Chair may modify the amount of time based on a number of factors including but not limited to; total number of registered speakers and a time certain adjournment for the meeting. If the Chair has imposed a time limit for individual speakers, that time limit should be applied uniformly and each speaker will be allowed to speak up to the designated amount of time imposed by the Chair. The Chair may impose a time limit for all public comment on any specific agenda item in order to ensure that all speakers are provided an opportunity to speak within the time allotted for the public hearing.
  3. If a speaker is representing other individuals in attendance and registered to speak at the meeting, the Chair may allow registered speakers to utilize a representative to speak on their behalf. In such cases, the Chair may increase the amount of time for the representative. Typically, this total time would not exceed 6 minutes. The names of individuals in an organization that donated their time may be announced by the Chair.
  4. A Department staff member will keep time for each speaker and inform the Chair when the speaker's time has expired. The Department may use such timing devices as may be practicable to ensure that all speakers stay within the time limit.
  5. Public Comment on topics/issues that are not on the agenda will not be permitted.
  6. The Chair shall encourage all prospective speakers to avoid repetitive statements, to submit written comments in lieu of speaking and to defer to representatives, in order to streamline the public comment process.

(4) Disruption of the meeting.
In order to assure meaningful and orderly public comment at the public hearing meeting, the following guidelines may be implemented at the discretion of the Chair:

  1. The Chair’s call to order should contain a description of keeping order during the meeting.
  2. Disrupting the meeting is conduct or speech that prevents the Chair from proceeding through the agenda at a normal pace or prevents other persons from expressing their views, such as speaking without being recognized or failing to yield the floor.
  3. The content of what someone says, or the words used, are normally protected by the United States and Florida Constitutions. However, if the words used call for illegal conduct or have a direct tendency to cause acts of violence by the person to whom they are directed, the speech is not protected and the person should be asked to refrain from making such comments and if the speaker refuses to refrain, he or she should be asked to leave the meeting or be removed.
  4. The use of profanity, by itself, is not grounds to ask someone to leave. However, profanity may be part of the overall disruptive behavior by someone, in which case they may be asked to leave.
  5. If any speaker conducts themselves in an uncivil manner at a workshop or meeting, the Chair may find such conduct to be out of order and, if so found, must advise the speaker to refrain from such comments or else forfeit their privilege to speak. If the speaker refuses to abide by the Chair's request, the Chair may take action to bring the meeting back to order.
  6. In order to insure that all speakers have an adequate opportunity to present their comments or question, The Chair may immediately terminate a speaker’s time if the comments or question are directed/intended: (1) to disrupt the meeting or (2) as a solicitation of any kind.

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As Florida's largest state agency, the Department of Corrections employs 24,000 members statewide, incarcerates approximately 97,000 inmates and supervises nearly 167,000 offenders in the community.

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