Florida Administrative Code
65 - DEPARTMENT OF CHILDREN AND FAMILIES
65E - Mental Health Program
Chapter 65E-5 - MENTAL HEALTH ACT REGULATION
Section 65E-5.260 - Transportation

Universal Citation: FL Admin Code R 65E-5.260

Current through Reg. 50, No. 187; September 24, 2024

(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 Parte Order for Involuntary Examination, " which is incorporated by reference in 65E-5.280, F.A.C., or other form provided by the court;

(b) Form CF-MH 3052a, "Report of a Law Enforcement Officer Initiating Involuntary Examination, " which is incorporated by reference in 65E-5.280, F.A.C.; or

(c) Form CF-MH 3052b, "Certificate of Professional Initiating Involuntary Examination, " which is incorporated by reference in 65E-5.280, F.A.C.

(2) Each law enforcement officer or other transporter who takes an individual into custody for involuntary admission under the Marchman Act shall provide the receiving facility or access center the original or an electronic copy of one of the following:

(a) Form CF-MH 4057, (July 2023), "Certificate of Professional for Emergency Assessment for Substance Abuse Services, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15789; or

(b) Form CF-M 4002, (July 2023), "Report of Law Enforcement Officer Initiating Protective Custody, " which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15790.

(3) The designated law enforcement agency or other transporter shall transport the individual to the most appropriate facility pursuant to the county's approved transportation plan, documenting this transport on Form CF-MH 3100, (July 2023), "Transportation to Receiving Facility, " which is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-15791. The designated law enforcement agency may decline to transport individual to a receiving facility if the county has contracted with an emergency medical transport service or private transport company, and the law enforcement agency and the emergency medical transport service or private transport company agree that the continued presence of law enforcement personnel is not necessary for the safety of the individual or others. Part II of Form CF-MH 3100, "Transportation to Receiving Facility, " documenting the agreement between law enforcement and the transport service shall accompany the individual to the receiving facility. When the transportation is conducted by a mental health overlay program or a mobile crisis response service, the program or service shall complete Part III of Form CF-MH 3100 "Transportation to Receiving Facility, " which shall accompany the individual to the receiving facility. The completed form shall be retained in the individual's clinical record.

Rulemaking Authority 394.457(5) FS. Law Implemented 394.462, 394.463 FS.

New 11-29-98, Amended 4-4-05, 1-8-07, 7-5-16, 8-23-23.

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