Purpose


The Department has recently begun receiving new types of referrals of persons who have committed “sexually motivated” offenses from agencies with jurisdiction under section 394.913, Florida Statutes. The Department has determined existing rule 65C-25.003 provides criteria for submitting a recommendation to the state attorney under chapter 394, part V, Florida Statutes, which are inappropriate for certain individuals, and may preclude the multidisciplinary team from recommending a given sex offender meets criteria for commitment even though such a recommendation is clinically indicated. Amending the rule is needed to ensure such individuals are handled appropriately under chapter 394, part V. The current situation supports the issuance of an emergency rule because the Sexually Violent Predator Program can, at any time receive a referral which requires a risk assessment be completed within 72 hours. The existing rule could result in very dangerous individuals not being subject to a civil commitment petition, thereby placing members of the public at imminent risk of great harm.