Document Citation: 33-602.206, F.A.C.

Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 33 DEPARTMENT OF CORRECTIONS
DEPARTMENTAL
CHAPTER 33-602 SECURITY OPERATIONS


Date:
08/31/2009

Document:

33-602.206 Riot and Disorder Plan.

(1) There shall be a Riot and Disorder Plan at each major institution, road prison and vocational center, that sets forth procedures for dealing with riots and disorders. Each such plan shall be approved by the warden of the institution and the Security Coordinator of the Department. Such plans shall be confidential and care shall be taken that their contents are not disclosed to inmates.

(2) A state of riot or disorder may be declared by the Regional Director in conjunction with the warden of the institution involved whenever:

(a) Two or more inmates act in concert, with or without preconceived plan, to resist authority, or

(b) Any inmate takes any person hostage or threatens to cause injury to any person and has the apparent ability to carry out such a threat.

(3) Upon determining that an emergency situation has occurred or is about to occur, the warden or his designee shall immediately notify the appropriate Prison Inspector and then the Office of the Regional Director. The Regional Director or his designee shall in turn immediately notify the Office of the Secretary, and the Secretary or his designee shall notify the Office of the Governor and appropriate Central Office personnel. Notification shall include the essential facts of the situation, and persons notified shall be kept informed of new developments as they occur by the same process.

(4) The following considerations shall govern the measures taken to deal with a riot or disorder:

(a) The safety of the general public,

(b) The safety of any hostages,

(c) The welfare and safety of staff and inmates,

(d) The protection of property,

(e) The restoration of order and control,

(f) The identification, arrest and prosecution of persons violating the law.

(5) Force may be used to restore order subject to the provisions of Rule 33-602.210, F.A.C., Use of Force. No personal weapons or ammunition of any kind will be used except as specifically authorized by the warden.

(6) Until order is restored no employee shall give any information to the news media without the authority of the warden, Regional Director, or Secretary. News media representatives shall not be allowed to enter any area where active rioting is taking place. The warden has the responsibility of advising the news media of appropriate information, with the advice and assistance of the Central Office Information Services Director.

(7) There shall be no bargaining with or concessions to inmates who continue in a state of revolt or insurrection. An appropriate official may talk to and attempt to reason with the rebellious inmates in an attempt to regain control by peaceful means. Demands of inmates that they be permitted to negotiate only with the Governor, news media, or other specified party will be refused.

(8) Dealing with inmate leaders in regard to hostages will be handled by the warden or other designated officials of the institution or Department. Immediate efforts will be directed toward the liberation of said hostages without undue delay. Any employee taken hostage has no authority regardless of his rank or position, while he is a hostage. An inmate(s) who demands to be released from custody by threatening to do bodily harm to a hostage if he is not released, will not be released, even if all efforts to secure the hostage fail.