Warrantless searches in the state of Florida by Veronica Rivera: Regulations

(a) Be in writing and in the name of the Department of Corrections;

(b) Command that law enforcement officials take the offender against whom the warrant is issued into custody and hold him until such time as proper arrangements can be made for the return of the offender to the department;

(c) Specify the name of the offender to be apprehended, the date of escape, date of absconding from supervision, or the date on which the offender was released in error, the date the offender was sentenced to incarceration in the department, the county of sentence, the term of sentence; and

(d) Bear the seal of the Department of Corrections.

(a) Within three days of receiving notification that the offender has been taken into custody, excluding the day of notice, weekends and holidays, a correctional probation officer, classification supervisor, or other person designated by the Bureau Chief of Admission and Release for that purpose shall provide the offender with a copy of the affidavit upon which the warrant was issued, a copy of the warrant, a written statement advising the offender that he or she may challenge his return to custody through use of the inmate grievance procedure, and a copy of Form DC1-303, Request for Administrative Remedy or Appeal. In those cases in which the offender is out of state, the time frame for delivery of the warrant package to the offender shall be extended to seven days, excluding the day of notice, holidays and weekends.

(b) An offender who wishes to challenge his or her return to Department of Corrections custody shall file an emergency grievance directly with the Office of the Secretary using the Request for Administrative Remedy or Appeal, Form DC1-303, in accordance with subsection 33-103.007(5), F.A.C.

(c) Grievances filed with the Office of the Secretary regarding retaking of an offender into custody shall be responded to in accordance with the time frames set forth in Rules 33-103.007 and 33-103.011, F.A.C.

(d) Nothing in this rule shall be deemed to constitute a waiver by the Department of Corrections of its authority or jurisdiction to retake offenders into custody under the circumstances set forth in subsection (1) of this rule, nor shall any procedure had under this rule which results in or fails to result in retaking be deemed a waiver by the department of its authority or jurisdiction to retake offenders.   Fla. Admin. Code Ann. R. 33-603.411