This rule governs the notification and consent process required before conducting a clinical interview of a person being evaluated as a potential sexually violent predator for possible involuntary civil commitment. Prior to the interview, the evaluator must inform the individual of the nature and purpose of the evaluation, their right to decline the interview, and the potential consequences of the evaluation. A signed consent form is required, with specific documentation procedures if the person refuses to sign or if obtaining a signature is impracticable.
View official source65E-25.006 Notification of Examination. (1) Prior to conducting a personal interview of a potential sexually violent predator, the person to be interviewed must be informed of the following: (a) That the person is the subject of a clinical evaluation which, together with review of pertinent records, will enable the State to formulate an opinion as to whether the person meets statutory criteria as a sexually violent predator; (b) That the person may decline to be interviewed and, that if declined, the clinical evaluation will consist of a record review only; and (c) That the evaluation will result in a written report that will be considered by the State in reaching a determination as to whether to recommend to the state attorney that an involuntary commitment petition be filed. (2) The person will be provided with a consent form to sign indicating an understanding of the information provided pursuant to subsection (1). (a) If the person refuses to sign the consent form, the evaluator should so indicate on the written statement and sign and date it. (b) In the event that it is not practicable to provide the person the consent form and obtain a signature, the evaluator should so indicate on the consent form with a brief explanation of why the consent form could not be provided and sign and date it. Rulemaking Authority 394.930 FS. Law Implemented 394.913, 394.9155, 394.930 FS. History–New 10-7-01, Amended 4-19-21.