Current through Reg. 50, No. 187; September 24, 2024
(1) Department forensic clients shall be
transported separately from Department of Corrections felons who are being
transported to and from correctional facilities.
(2) All transportation provided shall be
consistent with the needs of clients and the condition of clients being
transported, as specified by the sending facility. Any company contracting with
the governing board of a county to transport forensic clients shall comply with
requirements to ensure the safety and dignity of the client. Such requirements
shall be specified in the contract and shall include, but not be limited to the
following:
(a) All transport vehicles will be
equipped with a type 1A10BC fire extinguisher, seat belts, and two-way
communication radio.
(b) Staff
having the responsibility for transporting clients shall be trained,
experienced, and otherwise qualified to transport mentally ill persons. This
training shall include, but not be limited to, the training approved by the
department for law enforcement officers involved with the care and handling of
clients under chapter 394, F.S.
(c)
A minimum of two staff members shall be used in the transporting of
clients.
(d) Staff members
transporting forensic clients shall not wear firearms in the vehicle.
(e) The length of time for transporting
clients shall not exceed 12 hours per day.
(f) Rest stops shall be made at regular
intervals during the transporting of clients.
(g) Clients shall be dressed in appropriate
seasonal attire.
(h) Nutritious
meals shall be provided at appropriate times during the transporting of
clients.
(i) Physical restraints,
such as canvas cuffs, shall be used only when necessary to protect the clients
from injury to themselves or others.
(j) All staff members who accompany clients
shall have knowledge of techniques in handling volatile clients.
(k) Any driver of a vehicle used in
transporting mental health clients shall have a valid Florida Class E
(non-commercial) license when operating a vehicle designed to transport 15 or
fewer individuals including the driver. The Class C commercial license will be
needed when operating a vehicle with a Gross Vehicle Weight Rating of less than
26, 001 pounds designed to transport more than 15 persons including the driver.
When passengers are transported in a vehicle with a Gross Vehicle Weight Rating
of 26, 001 pounds or more a Class B commercial license with a Passenger
endorsement will be needed. All drivers will be responsible for ensuring they
have the appropriate licenses and endorsements.
(l) Any vehicle used in transporting clients
shall be maintained and operated in accordance with chapter 916, F.S., and in a
manner that protects the clients' rights, dignity, and physical
safety.
(m) The number of persons
in any vehicle used in transporting clients shall not exceed the manufacturer's
recommended seating capacity.
(n)
Any unusual incidents occurring during the client transport process shall be
reported immediately upon arrival at the treatment facility to the sheriff's
department, the originating receiving or treatment facility, if applicable, and
the governing board of the county.
(o) The transport company shall ensure the
confidentiality of the transport record.
(p) Civil patients committed under part I of
chapter 394, F.S., and forensic clients committed under chapter 916, F.S., who
are assigned to reside in secure facilities, shall be transported separately.
Forensic clients who reside in civil facilities may be transported with civil
patients.
Rulemaking Authority
916.1093(2) FS.
Law Implemented 916.107(10)
FS.
New 9-29-86, Amended 7-1-96, Formerly 10E-20.010, Amended
9-29-98, 11-29-12.