Wednesday, September 02, 2009

Florida Department of Health Quarantine Detention Order To Be Used For H1N1 Swine Flu?

To download the actual Detention Order, click this sentence.

Florida Department Of Health
__________ County Health Department
QUARANTINE DETENTION ORDER

By authority of Chapter 381 and 252, Florida Statutes and Chapter 64D-3, Florida Administrative Code
_____ CHD Order #____________.

Pursuant to the authority vested in this office by Chapter 381, Florida Statutes, and by your refusal to comply with the Orders of the _______ County Health Department, you, __________ _(name)____________ are hereby DETAINED under QUARANTINE in the following secure facility, ___________________________. You are further classified as non-compliant with quarantine because after you were counseled about a communicable disease or unsafe condition that poses a threat to the public health, and methods to minimize the risk to the public and, despite such counseling, you indicated an intent by (words or actions) to expose the public to ________________. All other reasonable means of obtaining your compliance with quarantine have been exhausted; no less restrictive alternative exists.

You shall remain in detention from the date of this Order until (date) or until released from DETENTION QUARANTINE by the undersigned, such determination to be made upon the recommendation of the State Epidemiologist or State Health Officer.

While in DETENTION QUARANTINE, you shall comply with all orders of the detention facility regarding your medical care. You shall cooperate with the detention facility’s access to you and access to your medical records for purposes of delivering or monitoring your medical care.

Other Requirements/Orders:

Reasons For Above:

DONE and ORDERED by the ________ County Health Director/Administrator this ____
day of ___________, 20___.

By order of:
___________________________
________ County Health Department
_________Area Code & Phone Number
(for quarantine review requests, contact person)

DUTY TO COMPLY: This action is taken under the police power authority of the health department and your cooperation is required by law. Violation of any term of this Order or failure to comply during the life of this Order with the above-stated directives, including any attempt by a person to enter, exit or behave in a manner prohibited by the Order, is a CRIME.

RIGHT TO REVIEW. Upon request to the CHD, this Quarantine Order will be reviewed on an expedited basis. Review can be initiated by a phone call to the telephone number of the official whose name appears on this Order.

RIGHT TO CHALLENGE: This Quarantine Order may be challenged, such as through petition for writ of habeas corpus, Ch. 79, F.S., following the procedures set out in Rule 1.630, Florida Rules of Civil Procedure (extraordinary remedies) or by Petition For Administrative Review, sec. 120.569 et seq., F.S.

If you have concerns or questions regarding this Quarantine Order that you wish to discuss with your attorney please do so by telephone. Do not go to your attorney’s office or break this Quarantine in any way.

Legal Authority: s.381.0011(4),(5),(6) and s.381.0012(5), and s. 252.36(2), F.S.; Rules 64D-3.005 and 64D-3.007, Florida Administrative Code

Source: CDC

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