Bill Amendment: FL S0762 | 2016 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records/Petitions for Involuntary Assessment and Stabilization, Court Orders, and Related Records

Status: 2016-03-11 - Died in Messages [S0762 Detail]

Download: Florida-2016-S0762-Senate_Committee_Amendment_886576.html

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       Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 762
       
       
       
       
       
       
                                Ì886576ZÎ886576                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                
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       The Committee on Governmental Oversight and Accountability
       (Bullard) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 397.6815, Florida Statutes, is amended
    6  to read:
    7         397.6815 Involuntary assessment and stabilization;
    8  exemption; procedure.—
    9         (1) Petitions for involuntary assessment and stabilization,
   10  court orders, and related records filed with or by the court
   11  under this part are confidential and exempt from s. 119.07(1)
   12  and s. 24(a), Art. I of the State Constitution.
   13         (2) Personal identifying information in a docket held under
   14  this part is confidential and exempt from s. 119.07(1) and s.
   15  24(a), Art. I of the State Constitution.
   16         (3) Petitions, court orders, related documents and personal
   17  identifying information shall be released, in addition to the
   18  persons identified in paragraph (4)(a):
   19         (a) To appropriate persons if necessary to ensure the
   20  continuity of the respondent’s health care, upon approval by the
   21  respondent, the respondent’s guardian, or, in the case of a
   22  minor, by the respondent’s parent, guardian, legal custodian, or
   23  guardian advocate.
   24         (b) To an agency or individual who has obtained a court
   25  order finding good cause for releasing the petition, order,
   26  related records or personal identifying information. In
   27  determining whether there is good cause for disclosure, the
   28  court shall weigh the need for the information to be disclosed
   29  against the possible harm of disclosure to the respondent.
   30         (c) To the Department of Corrections, without charge, upon
   31  request if the respondent is committed or is to be returned to
   32  the custody of the Department of Corrections from the Department
   33  of Children and Families.
   34         (4) Upon receipt and filing of the petition for the
   35  involuntary assessment and stabilization of a substance abuse
   36  impaired person by the clerk of the court, the court shall
   37  ascertain whether the respondent is represented by an attorney,
   38  and if not, whether, on the basis of the petition, an attorney
   39  should be appointed; and shall:
   40         (a)(1) Provide a copy of the petition and notice of hearing
   41  to the respondent; the respondent’s parent, guardian, or legal
   42  custodian, or guardian advocate, in the case of a minor; the
   43  respondent’s attorney, if known; the petitioner; the
   44  respondent’s spouse or guardian, if applicable; and such other
   45  persons as the court may direct pursuant to paragraph (3)(b),
   46  and have such petition and notice personally delivered to the
   47  respondent if he or she is a minor. The court shall also issue a
   48  summons to the person whose admission is sought and conduct a
   49  hearing within 10 days; or
   50         (b)(2) Without the appointment of an attorney and, relying
   51  solely on the contents of the petition, enter an ex parte order
   52  authorizing the involuntary assessment and stabilization of the
   53  respondent. The court may order a law enforcement officer or
   54  other designated agent of the court to take the respondent into
   55  custody and deliver him or her to the nearest appropriate
   56  licensed service provider.
   57         (5) This exemption shall be given retroactive application.
   58         Section 2. The Legislature finds that it is a public
   59  necessity that petitions for involuntary assessment and
   60  stabilization of a person impaired by substance abuse, court
   61  orders, and related records which are filed with or by a court
   62  pursuant to chapter 397, Florida Statutes, and personal
   63  identifying information in a court docket held pursuant to
   64  chapter 397, Florida Statutes, be confidential and exempt from
   65  disclosure under s. 119.07(1), Florida Statutes, and s. 24(a),
   66  Article I of the State Constitution. The personal health of an
   67  individual and his or her actual or alleged impairment by
   68  substance abuse are intensely private matters. The media have
   69  obtained Marchman Act records and have published details about
   70  people’s struggles with substance abuse on the Internet. The
   71  content of such a record or personal identifying information
   72  should not be made public merely because the record or personal
   73  identifying information is filed with or by a court or placed on
   74  a docket. Making these records and identifying information
   75  confidential and exempt from disclosure will protect information
   76  of a sensitive personal nature, the release of which could cause
   77  unwarranted damage to the reputation of an individual, as well
   78  as his or her family. Publication of personal identifying
   79  information on a physical or virtual docket, even if no other
   80  record were published, would defeat the purpose of the
   81  protection afforded by this exemption because a record of an
   82  individual’s substance abuse proceedings would be available to
   83  the public. Further, the knowledge that sensitive personal
   84  information is subject to disclosure could have a chilling
   85  effect on the willingness of individuals to seek and comply with
   86  substance abuse treatment services.
   87         Section 3. This act shall take effect July 1, 2016.
   88  
   89  ================= T I T L E  A M E N D M E N T ================
   90  And the title is amended as follows:
   91         Delete everything before the enacting clause
   92  and insert:
   93                        A bill to be entitled                      
   94         An act relating to public records; amending s.
   95         397.6815, F.S.; providing an exemption from public
   96         records requirements for a petition for involuntary
   97         assessment and stabilization of a substance abuse
   98         impaired person, court orders, and related records;
   99         providing exceptions; providing retroactive
  100         application; providing for future legislative review
  101         and repeal of the exemption under the Open Government
  102         Sunset Review Act; providing for release of a petition
  103         to a guardian advocate; providing a statement of
  104         public necessity; providing an effective date.