Florida Administrative Code

(1) Forensic facilities shall admit forensic clients who are: (a) Assigned and scheduled for admission by the appropriate Forensic Admissions Office; and (b) Accompanied by an Order of Commitment and other documentation, as specified in Florida Rules of Criminal Procedure 3.212 a…

(1) At the time of admission, the transporting officers shall remain with the client until the forensic facility accepts custody of the client. (a) The transporting officers shall surrender any firearm, deadly weapon or contraband item to the facility security staff upon entering…

(1) General Standards. (a) Each facility will provide a therapeutic milieu that supports a culture of recovery, individual empowerment, and responsibility. Each individual will have a voice in determining his or her treatment options. Treatment will foster trusting relationships …

(1) There shall be an initial assessment of every person referred to the Department of Children and Families (Department) for possible commitment as a sexually violent predator. The initial assessment shall consist of a record review by no fewer than two licensed psychologists or…

Multidisciplinary team members must be licensed psychologists or psychiatrists with a minimum of one year's experience in the assessment or treatment of sex offenders. The Department may accept other relevant experience in lieu of the one year of sex offender assessment or treatm…

(1) In order for the multidisciplinary team to conclude a person meets criteria for civil commitment, the person's history must include specific clinically-relevant information which suggests the person: (a) Has a propensity to engage in acts of sexual violence defined as sexuall…

The secure facilities to be utilized by the department for the control, care and treatment of persons detained or committed under Sections 394.910-.931, F.S., are the Florida Civil Commitment Center at 13619 S.E. Hwy. 70, Arcadia, FL 34266, and the South Bay Sexually Violent Pred…

(1) The treatment program for persons involuntarily committed to the Department shall be a cognitive-behavioral therapy and relapse prevention program tailored to meet the needs of each committed person. Each committed person must receive a comprehensive assessment that will perm…

(1) Prior to conducting a personal interview of a potential sexually violent predator, the person to be interviewed must be informed of the following: (a) That the person is the subject of a clinical evaluation which, together with review of pertinent records, will enable the Sta…

This chapter establishes standards for identifying individuals who are eligible for publicly funded substance abuse and mental health services and for enrolling these individuals into the department's priority populations as referenced in Section 394.674, F.S. Rulemaking Authorit…

(1) To be eligible for substance abuse and mental health services funded by the Department of Children and Families (DCF), an individual must be enrolled in one of the department's priority populations as referenced in Section 394.674, F.S. (2) To meet this enrollment requirement…

Rulemaking Authority 394.78 FS. Law Implemented 394.4573, 394.75, 394.78 FS. History-New 11-3-82, Formerly 10E-4.14, Amended 4-20-89, 5-23-96, Formerly 10E-4.014, Amended 12-20-98, Repealed 6-19-25.

(1) Licensure of Mental Health Residential Treatment Facilities. To be licensed as a mental health residential treatment facility an applicant must provide a long term, homelike residential environment that provides care, support, assistance and limited supervision in daily livin…

As used in this chapter the following words and phrases have the following definitions: (1) "Advance directive" as defined in Section 765.101, F.S. (2) "Assent" is an affirmative agreement by the minor to remain at the receiving facility for examination and treatment. (3) "Assess…

In order to protect the health and safety of persons treated in or served by any receiving or treatment facility or any service provider, any delegation of an administrator's authority pursuant to chapter 394, F.S., or these rules shall be documented in writing prior to exercisin…

Rulemaking Authority 394.457(5), 394.46715 FS. Law Implemented 394.455, 394.457(5)(a) FS. History-New 4-4-05, Amended 1-8-07, Repealed 4-2-12.

All forms referred to in this chapter are available from the Department's website, https://www.myflfamilies.com/crisis-services/baker-act/baker-act-forms. All forms incorporated in this rule chapter contain the information necessary to comply with the statutory and rule requireme…

Persons receiving case management services. (1) At the time of admission receiving facilities shall inquire of the person or significant others as to the existence of any advance directives and as to the identity of the person's case manager. If a case manager for the person is i…

(1) A person in a receiving facility shall not be transferred to a state treatment facility without the completion of a transfer evaluation, in accordance with Section 394.461(2), F.S., using mandatory form CF-MH 3089, Feb. 05, "Transfer Evaluation," which is hereby incorporated …

(1) Receiving facilities must obtain approval from the state treatment facility prior to the transfer of a person. A state treatment facility shall be permitted to accept persons for transfer from a receiving facility if the administrator of the receiving facility has provided th…

(1) Before discharging an individual who has been admitted to a facility, the individual shall be encouraged to actively participate in treatment and discharge planning activities and shall be notified in writing of his or her right to seek treatment from the professional or agen…

Rulemaking Authority 394.457(5) FS. Law Implemented 394.459(11) FS. History-New 11-29-98, Amended 4-4-05, Repealed 4-9-13.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.4573, 394.459(11), 394.468 FS. History-New 11-29-98, Amended 4-4-05, Repealed 4-9-13.

(1) Every person admitted to a designated receiving or treatment facility or ordered to treatment at a service provider shall be provided with a written description of his or her rights at the time of admission. Recommended form CF-MH 3103, Feb. 05, "Rights of Persons in Mental H…

(1) Freedom of movement is a right of persons in mental health receiving and treatment facilities. Any restriction of this right requires a physician's order based upon risk factors. Each receiving and treatment facility shall have policies that describe freedom of movement and a…

(1) Patients shall have the opportunity to participate in the preparation of their own treatment and discharge plans at receiving and treatment facilities and by service providers. In instances when the person refuses or is unable to participate in such planning, such refusal or …

(1) Management and personnel of the facility's treatment environment shall use positive incentives in assisting persons to acquire and maintain socially positive behaviors as determined by the person's age and developmental level. (2) Each designated receiving and treatment facil…

When an individualized treatment plan requires interventions beyond the existing unit rules of conduct, the person shall be included, and the person's treatment plan shall reflect: (1) Documentation, signed by the physician that the person's medical condition does not exclude the…

(1) Establishment of Consent. (a) Receiving Facilities. As soon as possible, but no longer than 24 hours from entering a designated receiving facility on a voluntary or involuntary basis, each individual shall be examined by a physician or psychiatric nurse to assess the individu…

(1) An emergency treatment order for the administration of psychotropic medications shall be consistent with the least restrictive treatment interventions. (a) The issuance of an emergency treatment order requires a physician's or psychiatric nurse's review of the individual's co…

The following standards shall be required in the provision of quality mental health treatment: (1) Each receiving and treatment facility and service provider shall, using nationally accepted accrediting standards for guidance, develop written policies and procedures for planned p…

The facility shall ensure the proper functioning and maintenance of the facility structure, finishes, fixtures, furnishings, and equipment. The facility shall ensure the ready availability of necessary medical equipment or devices for the populations served, including restraint e…

(1) If the treatment team imposes any restrictions on whom a person in a receiving or treatment facility may communicate, such restrictions and justification shall be recorded in the person's clinical record. Recommended form CF-MH 3049, (December 2024), "Restriction of Communica…

Each designated receiving and treatment facility shall develop policies and procedures governing what personal effects will be removed from persons for reasons of personal or unit safety, how they will be safely retained by the facility, and how and when they will be returned to …

The facility shall have voter registration forms and applications for absentee ballots readily available at the facility or in accordance with the procedures established by the supervisor of elections, and shall assure that each person who is eligible to vote and wishes to do so,…

(1) Upon admission to a receiving or treatment facility, each person shall be given notice of his or her right to petition for a writ of habeas corpus and for redress of grievances. Recommended form CF-MH 3036, Feb. 05, "Notice of Right to Petition for Writ of Habeas Corpus or fo…

(1) Upon filing with the court a copy of the completed recommended form CF-MH 3106, "Petition for Adjudication of Incompetence to Consent to Treatment and Appointment of a Guardian Advocate," which is incorporated by reference and available in Rule 65E-5.170, F.A.C., or its equiv…

(1) During the interim period between the time a person is determined to be incompetent to consent to treatment by one or more physicians, pursuant to Section 765.204, F.S., and the time a guardian advocate is appointed by a court to provide express and informed consent to the pe…

(1) Except as otherwise provided by law, verbal or written information about an individual shall only be released when the competent individual, or a duly authorized legal decision-maker such as guardian, guardian advocate, legal guardian, or health care surrogate or proxy provid…

(1) Each law enforcement officer or other transporter who takes an individual into custody for involuntary examination under the Baker Act shall provide the receiving facility or access center the original or an electronic copy of one of the following: (a) Form CF-MH 3001, "Ex Pa…

Rulemaking Authority 394.457(5) FS. Law Implemented 394.462(3) FS. History-New 11-29-98, Amended 4-4-05, Repealed 7-20-23.

(1) The following applies to voluntary admission of adults: (a) Providers must complete Form CF-MH 3040, (August 2025), "Application for Voluntary Admission - Adults," which is hereby incorporated by reference and available at http://flrules.org/Gateway/reference.asp?No=Ref-18639…

(1) Court Order. Sworn testimony shall be documented by using Form CF-MH 3002, (July 2023), "Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination," which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-1…

The involuntary examination is also known as the initial mandatory involuntary examination. (1) Whenever an involuntary examination is initiated by a circuit court, a law enforcement officer, or a mental health professional as provided in section 394.463(2), F.S., an examination …

(1) Petition for Involuntary Outpatient Placement. (a) Each criterion alleged must be substantiated by evidence, as follows: 1. Evidence of age must be substantiated, whenever there is any question as to whether the person may be age 18 or older. 2. A diagnosis of mental illness …

(1) If a person is retained involuntarily after an involuntary examination is conducted, a petition for involuntary inpatient placement or involuntary outpatient placement shall be filed with the court by the facility administrator within the 72-hour examination period, or if the…

(1) In order to request continued involuntary inpatient placement, the treatment facility administrator shall, prior to the expiration of the period during which the treatment facility is authorized to retain the person, file a request for continued placement. Recommended form CF…

(1) Recommended form CF-MH 3046, Feb. 05, "Application for and Notice of Transfer to Another Facility," which is incorporated by reference and may be obtained pursuant to Rule 65E-5.120, F.A.C., of this rule chapter may be used to request the transfer of a person to another recei…

A receiving or treatment facility administrator shall provide prompt written notice of the discharge of a person on involuntary status to the person, guardian, guardian advocate, representative, initiating professional, and circuit court, with a copy retained in the person's clin…

(1) In order to ensure the protection of the health, safety, and welfare of persons treated in receiving and treatment facilities, required by Section 394.457(5)(b), F.S., the following is required: (a) Each designated receiving and treatment facility shall develop policies and p…