eLaws of Florida

  SECTION 985.645. Protective action response.  


Latest version.
  • 1(1) 2For purposes of this section, the term:
    9(a) 10“Direct care” means direct contact with youth for the purpose of providing care, supervision, custody, or control of youth in a detention facility, delinquency program, or commitment program within any restrictiveness level, which is operated by the department or by a provider under contract with the department.
    57(b) 58“Employee” means any person who exercises direct care. The term “employee” does not include a licensed medical professional, mental health counselor, substance abuse counselor, or social services counselor whose primary responsibilities are to provide treatment to youth in a detention facility, delinquency program, or commitment program within any restrictiveness level, which is operated by the department or by a provider under contract with the department.
    123(c) 124“Protective Action Response policy” means the policy governing the use of verbal and physical intervention techniques, mechanical restraints, aerosol and chemical agents, and Tasers by employees.
    150(d) 151“Taser” means any mechanism that is designed to emit or project an electronic, magnetic, or other type of charge or shock for the purpose of temporarily incapacitating a person.
    180(2) 181The department shall adopt rules under ss. 188120.536(1) 189and 190120.54 191that:
    192(a) 193Establish a Protective Action Response policy that:
    2001. 201Defines the authorized level of response by an employee to each level of verbal or physical resistance by a youth.
    2212. 222Requires the use of verbal intervention techniques as the initial response by an employee to verbal or physical resistance by a youth, except where physical intervention techniques are necessary to prevent:
    253a. 254Physical harm to the youth, employee, or another person;
    263b. 264Property damage; or
    267c. 268The youth from escaping or absconding from lawful supervision.
    2773. 278Defines authorized physical intervention techniques and the situations under which employees may use these techniques for youth. Pain compliance techniques and use of less than lethal force shall be prohibited, except where necessary to prevent:
    313a. 314Physical harm to the youth, employee, or another person;
    323b. 324Property damage; or
    327c. 328The youth from escaping or absconding from lawful supervision.

    337Lethal force shall be prohibited, except where necessary to protect the employee or another person from an imminent threat of great bodily harm or death. Prior authorization by an employee’s supervisor for the use of physical intervention techniques shall be obtained when practical.

    3804. 381Defines authorized use of mechanical restraints and the situations under which employees may use such restraints on youth. Prohibited uses of mechanical restraints shall include the use of neck restraints and the securing of a youth to a fixed object. Supervision requirements for youth who are secured in mechanical restraints shall include constant and direct visual monitoring by an employee for purposes of ensuring youth safety and ascertaining indications by the youth that restraints are no longer necessary. Prior authorization by an employee’s supervisor for the use of mechanical restraints shall be obtained when practical.
    4765. 477Prohibits the use of aerosol or chemical agents, including, but not limited to, oleoresin capsicum spray and ammonia capsules, on a youth unless required for medical treatment of the youth by a licensed medical professional.
    5126. 513Prohibits the use of a Taser on a youth.
    522(b) 523Establish training curricula for protective action response certification of employees and instructors. The training curriculum for employee certification shall, at a minimum, require the employee to:
    5491. 550Complete instruction on the Protective Action Response policy.
    5582. 559Obtain a passing score:
    563a. 564On a written examination that tests the employee’s knowledge and understanding of the Protective Action Response policy.
    581b. 582During an evaluation by an instructor of the employee’s physically demonstrated ability to implement the Protective Action Response policy.
    601(c) 602Require training curricula for protective action response certification of employees to be taught by instructors who have been certified under the training curriculum for protective action response certification of instructors.
    632(d) 633Require each employee who was not certified by the department in protective action response prior to July 1, 2006, to receive his or her protective action response certification by September 30, 2006, or within 90 calendar days following his or her date of hire, whichever date is later.
    681(e) 682Require any employee who exercises direct care prior to receiving his or her protective action response certification to be directly supervised by an employee who has received his or her protective action response certification.
History.-s. 8, ch. 2006-62; s. 22, ch. 2010-113.

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