63F-11.002. Definitions

For the purpose of this rule chapter, the following terms are defined as follows:

(1) Abscond – To hide, conceal, or absent oneself from the jurisdiction of the court or supervision of the department to avoid prosecution or supervision.

(2) Administrator – The state employee or designee at the Headquarters or Regional level responsible for the overall department operation in a geographic area or program.

(3) Baker Act – Within this rule, the term Baker Act refers to Section 394.451, F.S., covering involuntary mental health examination and placement for persons with mental illness.

(4) Central Communications Center (CCC) – The unit located in department headquarters that is charged with receiving reports regarding incidents and events involving youths in department custody or under supervision, and state and contracted employees from all department and provider facilities, programs funded in whole or in part, offices or sites operated by the department, a provider or grantee.

(5) CCC Duty Officer – The designated department employee who receives and processes the information coming into the CCC.

(6) Community Supervision – Includes youth on supervised release, DJJ funded diversion, probation, post-commitment probation, conditional release, and non-residential commitment.

(7) Damage to the Physical Structure – Damage that would render a building or other significant structure (e.g., a fence, gate, or a considerable portion of the building or structure) severely damaged, temporarily unsafe, or unsecured.

(8) Diligent Search – Is a thorough search made by the Juvenile Probation Officer (JPO) or Case Manager to check with the youth’s parents, employer, school, family members, and others likely to have knowledge of his or her whereabouts, in order to document evidence supporting that the youth is hiding in an effort to avoid supervision.

(9) Facility/Program – A contracted or state-operated service or any other program funded in whole or in part by the department.

(10) Facility/Program Staff – Includes state and contracted employees, volunteers, and interns who manage, supervise, have oversight over such staff, or provide direct care or other services to department youths, provider staff of programs funded in whole or in part by the department, and other direct care job positions or positions in direct contact with youths. This includes corporate staff of contracted providers.

(11) Failure to Report – Any reportable incident or event specified in Rule 63F-11.004, F.A.C., Reportable Incident Types that is not reported to the CCC within (2) hours of the incident or event occurring, or (2) hours after any facility, office, or program learned of the incident. This includes within two hours of any facility/program/department/contracted staff gaining knowledge of the incident or event.

(12) Serious Illness or Injury – Any illness or injury which could result in a substantial risk of death, protracted and obvious disfigurement, protracted loss or impairment of the function of a bodily member or organ or mental faculty, lacerations that cause severe hemorrhages, nerve, muscle, or tendon damage, second or third degree burns or any burns affecting more than five percent of the body surface, fracture of any bone, or the loss of sight in an eye.

(13) Non-Secure Residential Facilities: Programs or program models that are residential but may allow youth to have supervised access to the community. Facilities at this commitment level are either environmentally secure, staff-secure, or are hardware-secure with walls, fencing, or locking doors.

(14) Prison Rape Elimination Act (PREA) – The United States Department of Justice final Rule of National Standards to prevent, detect, and respond to sexual abuse and sexual harassment in juvenile facilities, 28 C.F.R. Part 115.

(15) Protective Action Response (PAR) – Department- approved verbal and physical intervention techniques used in accordance with Chapter 63H-3, F.A.C.

(16) Reportable Incident – Any incident or event that involves state-run facilities, staff, contracted facilities, contracted programs, contracted staff, youth on community supervision, volunteers or visitors, that disrupts or has the potential to disrupt the normal operation of the facility or program, any illness or medical condition or injury which causes or has the potential to cause grave harm or death to an individual youth or group of youths; or any other occurrence which causes or has the potential to cause grave harm or death to an individual youth or group of youths, or involves allegations of fraud, abuses, and deficiencies relating to programs and operations administered or financed by the department, or may bring public attention to the department, or other occurrences which do not reach this standard but may still be required to be documented or reported to the department under its rules/policies.

(17) Secure Residential Facilities: Those residential programs that are classified as High and/or Maximum Risk. Facilities at this commitment level are hardware-secure with perimeter fencing and locking doors.

(18) Sexual Misconduct – Fondling, digital, oral, anal, or vaginal penetration by, or union with the sexual organ of another, or the anal or vaginal penetration of another by object, or other instrument. This includes any violation of the Prison Rape Elimination Act (PREA).

(19) Suicide Attempt – Any action deliberately undertaken by the youth with suicide ideation or intent, which, if carried out, would result in death.

(20) Supervised Release – Includes youth on home detention, intensive home detention, intensive home detention with electronic monitoring, and day/evening reporting centers.

(21) Youth – For the purposes of this rule a youth is defined as any person placed in the custody, care, or supervision of the department.

Rulemaking Authority 985.64 FS. Law Implemented 985.601 FS. History–New 10-11-10, Amended 8-16-16, 11-29-22.