14160756, 65EER14-1 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 14160756

Notice of Emergency Rule

Department:

DEPARTMENT OF CHILDREN AND FAMILIES

Division:

Mental Health Program

Overview

RULE:

65EER14-1

Criteria for Recommendation that Involuntary Civil Commitment Petition be Filed

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

The Department has recently begun receiving new types of referrals of persons who have committed “sexually motivated” offenses from agencies with jurisdiction under section 394.913, Florida Statutes.  The Department has determined existing rule 65C-25.003 provides criteria for submitting a recommendation to the state attorney under chapter 394, part V, Florida Statutes, which are inappropriate for certain individuals, and may preclude the multidisciplinary team from recommending a given sex offender meets criteria for commitment even though such a recommendation is clinically indicated.  Amending the rule is needed to ensure such individuals are handled appropriately under chapter 394, part V.  The current situation supports the issuance of an emergency rule because the Sexually Violent Predator Program can, at any time receive a referral which requires a risk assessment be completed within 72 hours.  The existing rule could result in very dangerous individuals not being subject to a civil commitment petition, thereby placing members of the public at imminent risk of great harm.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Department’s commitment recommendation is just the first step in the civil commitment process.  Any individual impacted by the change in the recommendation procedure will still have the full due process protections of a civil commitment trial and appeal.

SUMMARY:

The emergency rule amends rule 65E-25.003 to delete paragraph (2), which provides specific limitations on the multidisciplinary team’s ability to recommend civil commitment under section 394.913, Florida Statutes.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Kristin Kanner, (850) 717-4305

PRINT PUBLISH DATE:

2/10/2014 Vol. 40/27

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=65EER14-1&PDate=2/10/2014&Section=4

REFERENCE MATERIALS:

No reference(s).

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