reglab/housing_qa huggingface dataset:
FL Stat § 392.55 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.55 - Physical Examination and Treatment.

392.55 Physical examination and treatment.—(1) Subject to the provisions of subsections (3) and (4), the department and its authorized representatives may petition the circuit court to examine or cause to be examined, or treat to cure or cause to be treated to cure, any person who has, or is reasonably suspected of having or having been exposed to, active tuberculosis.(2) Subject to the provisions of subsections (3) and (4), a person who has active tuberculosis or is reasonably suspected of having or having been exposed to active tuberculosis shall report for complete examination or treatment to cure, as appropriate, on an outpatient basis to a physician licensed under chapter 458 or chapter 459, or shall submit to examination or treatment to cure, as appropriate, at a county health department or other public facility. When a person has been diagnosed as having active tuberculosis, he or she shall continue with the prescribed treatment on an outpatient basis, which includes the use of directly observed therapy, until such time as the disease is determined to be cured.(3) A person may not be apprehended or examined on an outpatient basis for active tuberculosis without consent, except upon the presentation of a warrant duly authorized by a circuit court. In requesting the issuance of such a warrant, the department must show by a preponderance of evidence that a threat to the public health would exist unless such a warrant is issued and must show that all other reasonable means of obtaining compliance have been exhausted and that no other less restrictive alternative is available.(4) A warrant requiring a person to be apprehended or examined on an outpatient basis may not be issued unless:(a) A hearing has been held with respect to which the person has received at least 72 hours’ prior written notification and has received a list of the proposed actions to be taken and the reasons for each such action. However, with the consent of the person or the person’s counsel, a hearing may be held within less than 72 hours.(b) The person has the right to attend the hearing, to cross-examine witnesses, and to present evidence. After review and consultation by the court, counsel for the person may waive the client’s presence or allow the client to appear by television monitor where available.(c) The court advises the person of the right to have legal counsel present. If the person is insolvent and unable to employ counsel, the court shall appoint legal counsel for the person pursuant to the indigence criteria in s. 27.52.(5) The circuit court, legal counsel, and local law enforcement officials, as appropriate, shall consult with the department concerning any necessary infection control procedures to be taken during any court hearing or detention.History.—s. 1, ch. 88-389, s. 1, ch. 88-398; s. 6, ch. 94-320; s. 1041, ch. 95-148; s. 96, ch. 97-101; s. 105, ch. 2003-402.
FL Stat § 392.565 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.565 - Execution of Certificate for Involuntary Hold.

392.565 Execution of certificate for involuntary hold.—When a person who has active tuberculosis or who is reasonably suspected of having active tuberculosis presents to a physician licensed under chapter 458 or chapter 459 for examination or treatment and the physician has reason to believe that if the person leaves the treatment location the person will pose a threat to the public health based on test results or the patient’s medical history and the physician has reason to believe that the person is not likely to appear at a hearing scheduled under s. 392.55 or s. 392.56, the treating physician shall request the State Health Officer or his or her designee to order that the person be involuntarily held by executing a certificate stating that the person appears to meet the criteria for involuntary examination or treatment and stating the observation upon which that conclusion is based. The sheriff of the county in which the certificate was issued shall take such person into custody and shall deliver the person to the nearest available licensed hospital, or to another location where isolation is available, as appropriate, for observation, examination, and treatment for a period not to exceed 72 hours, pending a hearing scheduled under s. 392.55 or s. 392.56. The certificate must be filed with the circuit court in which the person is involuntarily held and constitutes a petition for a hearing under s. 392.55 or s. 392.56.History.—s. 8, ch. 94-320; s. 1042, ch. 95-148; s. 35, ch. 97-237.
FL Stat § 392.57 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.57 - Emergency Hold.

392.57 Emergency hold.—(1) The department may file a petition before a circuit court requesting that an emergency hold order be issued for a person if the department has evidence that:(a) The person has or is reasonably suspected of having active tuberculosis;(b) The person poses a threat to the public health;(c) The person who has active tuberculosis is not likely to appear at a hearing scheduled under s. 392.55 or s. 392.56;(d) The person provides evidence by words or action of being likely to leave the jurisdiction of the court prior to the hearing date; or(e) The person is likely to continue to expose the public to the risk of active tuberculosis until the hearing date.(2) An emergency hold order may not be issued unless the court finds that:(a) The department has requested a hearing under s. 392.55 or s. 392.56 to consider the examination, treatment to cure, or placement of the person who has or who is reasonably suspected of having active tuberculosis;(b) The department presents competent evidence that a threat to the public health exists unless the emergency hold order is issued;(c) The department has no other reasonable alternative means of reducing the threat to the public health; and(d) The department is likely to prevail on the merits in a hearing under s. 392.55 or s. 392.56.(3) When issuing an order for an emergency hold, the court shall direct the sheriff to immediately confine the person who has active tuberculosis. The sheriff shall confine and isolate the person in such a manner as required by the court. The sheriff and the circuit court shall consult with the department concerning any necessary infection control procedures to be taken.(4) In order to reduce the time before a full hearing may be held, the person confined under an emergency hold order, or the person’s counsel, may waive the notice periods for hearings required under s. 392.55 or s. 392.56. An emergency hold order may not continue for more than 5 days or the time period necessary for conducting hearings under s. 392.55 or s. 392.56, whichever time period is shorter.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 9, ch. 94-320.
FL Stat § 392.58 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.58 - Service of Notice and Processes; Duties of Sheriff.

392.58 Service of notice and processes; duties of sheriff.—(1) All notices required to be given, warrants, petitions, processes issued, and orders entered pursuant to s. 392.55, s. 392.56, or s. 392.57 shall be served by the sheriff of the county in which the person alleged to be infected with tuberculosis resides or is found.(2) The judge, in his or her order for hospitalization or placement in another health care or residential facility under s. 392.56, shall direct the sheriff of the county in which such person resides or is found to take the person into his or her custody and immediately deliver him or her to the director of the facility named in the order.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 698, ch. 95-148.
FL Stat § 392.59 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.59 - Forms to Be Developed.

392.59 Forms to be developed.—The department shall develop and furnish to the court all forms necessary under ss. 392.55, 392.56, 392.565, and 392.57, and the court may use such forms where appropriate.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 10, ch. 94-320.
FL Stat § 392.60 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.60 - Right of Appeal; Immediate Release.

392.60 Right of appeal; immediate release.—(1) Any person who is aggrieved by the entry of an order under s. 392.55, s. 392.56, or s. 392.57 shall have the period of time provided by the Florida Rules of Appellate Procedure within which to appeal an order from the circuit court. Every order entered under the terms of s. 392.55, s. 392.56, or s. 392.57 shall be executed immediately unless the court entering such order or the appellate court, in its discretion, enters a supersedeas order and fixes the terms and conditions thereof.(2) Any person who is examined, treated, hospitalized, placed in another health care facility or residential facility, isolated in the home, or confined under an emergency hold order, as a result of an order entered under s. 392.55, s. 392.56, or s. 392.57, may at any time petition the circuit court for immediate release and termination of the order.(3) The petition to the court for immediate release and termination of the order entered under authority of s. 392.55, s. 392.56, or s. 392.57 shall show that the person is entitled to relief from the original order pursuant to the Florida Rules of Civil Procedure, or that:(a) There has been a substantial change in the original facts and circumstances upon which the order was issued;(b) The person is cured and no longer poses a threat to the public health; or(c) The person will continue with prescribed medications and treatment to cure, which includes the use of directly observed therapy, if medically necessary, to reduce the risk of infection to the public and the person has not exhibited past behavior that indicates a tendency toward noncompliance with treatment.(4) When considering a petition for immediate release and before making any release, the court shall consult the department and the person’s physician, if any, concerning the person’s medical condition and any other related factors that may affect the present and future threat to the public health that may be caused by the release of the person.(5) Upon granting a petition for immediate release, the court may impose those conditions it believes reasonably necessary to protect the public from active tuberculosis.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 11, ch. 94-320.
FL Stat § 392.61 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.61 - Community Tuberculosis Control Programs.

392.61 Community tuberculosis control programs.—(1) The department shall operate, directly or by contract, community tuberculosis control programs in each county in the state.(2) Community tuberculosis control programs shall have the following functions:(a) Promotion of community and professional education about the causes and dangers of tuberculosis and methods of its control and treatment to cure;(b) Community and individual screening for the presence of tuberculosis;(c) Surveillance of all suspected and reported cases of active tuberculosis, including contact investigation as necessary and as directed by the department;(d) Reporting of all known cases of tuberculosis to the department;(e) Development of an individualized treatment plan for each person who has active tuberculosis and who is under the care of the department, including provision of treatment to cure and followup, and the distribution of medication by means of directly observed therapy, if appropriate, to eligible persons under rules and guidelines developed by the department; and(f) Provision of counseling, periodic retesting, and referral to appropriate social service, employment, medical, and housing agencies, as necessary for persons released from hospitalization or residential placement.(3) This section does not prevent the department from operating regionally based tuberculosis control programs, if services are offered in each county.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 12, ch. 94-320; s. 82, ch. 2012-184.
FL Stat § 392.62 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.62 - Hospitalization and Placement Programs.

392.62 Hospitalization and placement programs.—(1) The department shall contract for operation of a program for the treatment of persons who have active tuberculosis in hospitals licensed under chapter 395 and may provide for appropriate placement of persons who have active tuberculosis in other health care facilities or residential facilities. The department shall require the contractor to use existing licensed community hospitals and other facilities for the care and treatment to cure of persons who have active tuberculosis or a history of noncompliance with prescribed drug regimens and require inpatient or other residential services.(2) The program for control of tuberculosis shall provide funding for participating facilities and require any such facilities to meet the following conditions:(a) Admit patients voluntarily and under court order as appropriate for each particular facility;(b) Require that each patient pay the actual cost of care provided whether the patient is admitted voluntarily or by court order;(c) Provide for the care of patients in the program regardless of ability to pay;(d) Require a primary clinical diagnosis of active tuberculosis by a physician licensed under chapter 458 or chapter 459 before admitting the patient; provided that there may be more than one primary diagnosis;(e) Provide a method of notification to the county health department and to the patient’s family, if any, before discharging the patient from the hospital or other facility;(f) Provide for the necessary exchange of medical information to assure adequate community treatment to cure and followup of discharged patients, as appropriate; and(g) Provide for a method of medical care and counseling and for housing, social service, and employment referrals, if appropriate, for patients discharged from the hospital.(3) A hospital may, pursuant to court order, place a patient in temporary isolation for a period of no more than 72 continuous hours. The department shall obtain a court order in the same manner as prescribed in s. 392.57. Nothing in this subsection precludes a hospital from isolating an infectious patient for medical reasons.(4) Any person committed under s. 392.57 who leaves the tuberculosis hospital or residential facility without having been discharged by the designated medical authority, except as provided in s. 392.63, shall be apprehended by the sheriff of the county in which the person is found and immediately delivered to the facility from which he or she left.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 13, ch. 94-320; s. 1043, ch. 95-148; s. 97, ch. 97-101; s. 36, ch. 97-237; s. 83, ch. 2012-184.
FL Stat § 392.63 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.63 - Temporary Leave.

392.63 Temporary leave.—Any person who has been hospitalized, placed in another health care facility or residential facility, or isolated in the home may be granted a short-term temporary leave at the discretion of the department or its authorized representatives, if the department determines the temporary leave will be closely monitored and will not pose a threat to the public health. Temporary leave may be granted for therapeutic purposes, in the event of death or critical illness in the person’s family, or for other emergencies.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 14, ch. 94-320.
FL Stat § 392.64 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.64 - Adherence to Treatment; Treatment Plan; Penalties.

392.64 Adherence to treatment; treatment plan; penalties.—(1) The department, its authorized representatives, or a physician licensed under chapter 458 or chapter 459 shall prescribe an individualized treatment plan for each person who has active tuberculosis. The goal of the treatment plan is to achieve treatment to cure by the least restrictive means. The department shall develop, by rule, a standard treatment plan form that must include, but is not limited to, a statement of available services for treatment, which includes the use of directly observed therapy; all findings in the evaluation and diagnostic process; measurable objectives for treatment progress; and time periods for achieving each objective. Each treatment plan must be implemented through a case management approach designed to advance the individual needs of the person who has active tuberculosis. The person’s progress in achieving the objectives of the treatment plan must be periodically reviewed and revised as necessary, in consultation with the person.(2) The department may petition a circuit court under s. 392.55, s. 392.56, or s. 392.57, as it deems appropriate, to require adherence to treatment plans prescribed under subsection (1).(3) Any person who has active tuberculosis and who fails to comply with a treatment plan or any other requirement that is imposed by the court under s. 392.55, s. 392.56, or s. 392.57, or any minor’s parent, guardian, or custodian who fails to comply with a treatment plan or any other requirement of the court, or any person who aids or abets in the failure to comply with treatment plans and other requirements of the court may be punished by contempt proceedings in addition to other penalties that may be imposed under s. 392.67.(4) Contempt proceedings may be initiated by the department or its authorized representatives.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 15, ch. 94-320.
FL Stat § 392.65 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.65 - Confidentiality.

392.65 Confidentiality.—(1) All information and records held by the department or its authorized representatives relating to known or suspected cases of tuberculosis or exposure to tuberculosis shall be strictly confidential and exempt from s. 119.07(1). Such information shall not be released or made public by the department or its authorized representatives or by a court or parties to a lawsuit, except that release may be made under the following circumstances:(a) When made with the consent of all persons to which the information applies;(b) When made for statistical purposes, and medical or epidemiologic information is summarized so that no person can be identified and no names are revealed;(c) When made to medical personnel, appropriate state agencies, or courts of appropriate jurisdiction to enforce the provisions of this chapter and related rules;(d) When made in a medical emergency but only to the extent necessary to protect the health or life of a named person or group of persons; or(e) When made to the proper authorities as required by chapter 39 or chapter 415.(2) When disclosure is made pursuant to a subpoena, such information shall be sealed by the court from further disclosure, except as deemed necessary by the court to reach a decision in the proceeding, unless otherwise agreed to by all parties. Such information is exempt from s. 119.07(1).(3) No employee of the department or its authorized representatives shall be examined in a civil, criminal, special, or other proceeding as to the existence or contents of pertinent records of a person examined or treated for tuberculosis by the department or its authorized representatives, or of the existence or contents of such reports received from a private physician or private health facility or laboratory, without the consent of the person examined or treated for tuberculosis, except in proceedings under s. 392.55, s. 392.56, or s. 392.57.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 13, ch. 90-344; s. 205, ch. 96-406; s. 139, ch. 98-403.
FL Stat § 392.655 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.655 - Prisoners.

392.655 Prisoners.—(1) The department and its authorized representatives may, at its discretion, enter any state, county, or municipal detention facility to interview, examine, and treat any prisoner for tuberculosis. Any such state, county, or municipal detention facility shall cooperate with the department and its authorized representatives to provide such space as is necessary for the examination and treatment of all prisoners having or suspected of having tuberculosis.(2) Nothing in this section shall be construed as relieving the Department of Corrections, counties, or municipalities of their primary responsibility for providing medical treatment for prisoners, including treatment for tuberculosis.History.—s. 16, ch. 94-320.
FL Stat § 392.66 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.66 - Rules.

392.66 Rules.—The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 to administer this chapter. The rules must include requirements for tuberculosis treatment and provide consequences if a person who has active tuberculosis fails to comply with treatment requirements.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 97, ch. 98-200; s. 24, ch. 2000-242.
FL Stat § 392.67 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.67 - Unlawful Acts; Penalties for Violation.

392.67 Unlawful acts; penalties for violation.—(1) It is unlawful for any person who has active tuberculosis and who knows or has been informed of that fact to willfully expose other persons to the disease.(2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(3) Any person who maliciously disseminates any false information or report concerning the existence of tuberculosis commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.(4)(a) In addition to any administrative action authorized by chapter 120 or by other law, a person who violates any provision of the department’s rules pertaining to tuberculosis or the requirements for reporting tuberculosis under s. 392.53 may be punished by a fine not to exceed $500 for each violation. Any penalties enforced under this subsection shall be in addition to other penalties provided by this chapter.(b) In determining the amount of fine to be imposed, if any, for a violation, the department shall consider:1. The gravity of the violation, including the probability that death or serious physical or emotional harm to any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the applicable law or rule was violated.2. Actions taken to correct the violation.3. Any previous violation.(c) All amounts collected under this subsection shall be deposited into an appropriate trust fund of the department.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 67, ch. 91-224; s. 17, ch. 94-320.
FL Stat § 392.68 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 392 - Tuberculosis Control|392.68 - Fees and Other Compensation.

392.68 Fees and other compensation.—(1) For the services required to be performed under ss. 392.55, 392.56, 392.57, and 392.62, compensation shall be paid as follows:(a) The sheriff shall receive the same fees and mileage as are prescribed for like services in criminal cases.(b) The counsel appointed by the court to represent an indigent person shall receive compensation as provided in s. 27.5304.(2) All fees, mileage, and charges provided to the sheriff pursuant to paragraph (1)(a) shall be taxed by the court as costs in each proceeding and shall be paid by the board of county commissioners. All compensation provided to court-appointed counsel pursuant to paragraph (1)(b) shall be taxed by the court as costs and paid by the state.History.—s. 1, ch. 88-389; s. 1, ch. 88-398; s. 699, ch. 95-148; s. 69, ch. 2004-265.