RULE NO.: RULE TITLE:
33-602.210: Use of ForceNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 35, August 31, 2012 issue of the Florida Administrative Register.
The corrections are in response to comments by the Joint Administrative Procedures Committee in a letter dated September 28, 2012. The corrections are as follows:
At subsection (3), the reference to (3)(n)2.e. shall be changed to (8)(n)2.e.
Rule 33-602.210(3)(c) shall read as:
(c) Video recordings of post use of force medical exams shall be conducted through a window or at a distance in such a manner so as to provide the maximum amount of privacy needed for the exams and so as to limit the disclosure of inmate protected health information to the minimum amount necessary. The fact that the footage is taken through a window or at a sufficient distance is to keep communication between the inmate and medical staff confidential and to ensure that only the minimum amount of protected health information, e.g., visible injuries or the lack therefore, etc., is disclosed. Inmates involved in an organized use of force shall be video recorded continually until they have been placed in a vehicle for transportation or in a secure cell.
Rule 33-602.210(8)(d) shall read as:
(d) Any accidental or incidental discharge of a chemical agent by a staff member within any institution shall be reported on Form DC6-210, Incident Report.
At subsection (8)(p)8., the reference to subparagraph (3)(a)13. shall be changed to (9)(h).
Rule 33-602.210(8)(p)10.a. shall read as:
a. Form DC4-701C, Emergency Room Record.
At subsection (10), the effective date of Form DC6-232 shall be changed to 9-99.
Rule 33-602.210(11)(d) shall read as:
(d) The warden or designee shall review the information and note any inappropriate actions in memorandum and attach the information to Form DC6-230, Report of Force Used. All videotape recordings of force applications and the original and one copy of Form DC6-230 shall be forwarded to the Office of Inspector General within eleven (11) business days. Requests for extensions for DC6-230s to be forwarded after eleven (11) days shall require authorization from the Assistant Secretary of Institutions and the Inspector General or designee. Requests for extensions for submission of DC6-230s beyond eleven (11) days may be granted if required staff is unavailable for signatures due to extended leave or similar circumstances, e.g., a staff member was injured in the use of force, etc., and major incidents occurring at the institution necessitate an extension, e.g., a riot or other major disturbance, nature disaster evacuation, etc.
