30561031, 33-404.101 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 30561031

Notice of Proposed Rule

Department:

DEPARTMENT OF CORRECTIONS

Chapter:

MENTAL HEALTH SERVICES

Overview

RULE:

33-404.101	Mental Health Services Program - Purpose and Scope
33-404.102	Provision of Mental Health Services
33-404.103	Mental Health Services - Definitions

PURPOSE:

The purpose and effect of the proposed rule is to maintain a standard of care within institutions and provide structure for inmates who require mental health treatment and services, by ensuring the inmate is properly informed of his or her mental health/illness and receives an individualized treatment plan.

SUMMARY:

The proposed changes reconcile the rules with amendments made to sections 945.41-48, Florida Statutes, during the 2024-25 legislative session.
Amendments to Rule 33-404.101 provide further clarification on the scope and purpose of mental health services and activities provided to inmates, in the Department's care, by mental health staff and other health care staff.
Amendments to Rule 33.404.102 expand the provision of mental health services to require all inmates entering Department care to undergo a screening and comprehensive mental health evaluation by a qualified mental health professional and to require inmates in need of mental health care to receive an individualized treatment plan.
Amendments to Rule 33-404.103 further define mental health service terms to include: "Express and Informed Consent," "Incompetent to Consent Treatment," "Involuntary Examination," "In Need of Care Treatment," "Mental Health Treatment," and "Mental Illness."

RULEMAKING AUTHORITY:

944.09(1)(a) and (e), 945.49(2), F.S.

LAW:

944.09, 945.42, 945.48, 945.49, F.S.

PRINT PUBLISH DATE:

2/24/2026 Vol. 52/37

COMMENTS:

From 2/24/2026 To 3/17/2026 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-10013 DC4-664B

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