The Florida Senate

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.