Bill Amendment: FL S1014 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Public Records/ Participants in Treatment-based Drug Court Programs

Status: 2013-05-03 - Died in Messages [S1014 Detail]

Download: Florida-2013-S1014-Governmental_Oversight_and_Accountability_Committee_Amendment_Delete_All_484586.html

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       Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1014
       
       
       
       
       
       
                                Barcode 484586                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2013           .                                
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       The Committee on Governmental Oversight and Accountability
       (Simmons) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (10) is added to section 397.334,
    6  Florida Statutes, to read:
    7         397.334 Treatment-based drug court programs.—
    8         (10)(a) Information relating to a participant or a person
    9  considered for participation in a treatment-based drug court
   10  program which is contained in the following records, reports,
   11  and evaluations is confidential and exempt from s. 119.07(1) and
   12  s. 24(a), Art. I, of the State Constitution:
   13         1. Records relating to initial screenings for participation
   14  in the program.
   15         2. Records relating to substance abuse screenings.
   16         3. Behavioral health evaluations.
   17         4. Subsequent treatment status reports.
   18         (b) This subsection is subject to the Open Government
   19  Sunset Review Act in accordance with s. 119.15 and shall stand
   20  repealed on October 2, 2018, unless reviewed and saved from
   21  repeal through reenactment by the Legislature.
   22         Section 2. The Legislature finds that it is a public
   23  necessity that information relating to a participant or person
   24  considered for participation in a treatment-based drug court
   25  program under s. 397.334, Florida Statutes, which is contained
   26  in certain records, reports, and evaluations, be made
   27  confidential and exempt from s. 119.07(1), Florida Statutes, and
   28  s. 24(a), Art. I of the State Constitution. Protecting
   29  information contained in records relating to initial screenings
   30  for participation in a treatment-based drug court program,
   31  records relating to substance abuse screenings, behavioral
   32  health evaluations, and subsequent treatment status reports is
   33  necessary to protect the privacy rights of participants or
   34  individuals considered for participation in treatment-based drug
   35  court programs. Accordingly, the Legislature finds that the
   36  chilling effect to an individual who is seeking treatment for
   37  his or her substance abuse which would result from the release
   38  of this information substantially outweighs any public benefit
   39  derived from disclosure to the public. Making this information
   40  confidential and exempt will protect information that is of a
   41  sensitive, personal nature; thus, the release of this
   42  information would cause unwarranted damage to the reputation of
   43  an individual. Furthermore, making this information confidential
   44  and exempt will encourage individuals to participate in drug
   45  court programs, and thereby promote the effective and efficient
   46  administration of treatment-based drug court programs.
   47         Section 3. This act shall take effect upon becoming a law.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50         And the title is amended as follows:
   51         Delete everything before the enacting clause
   52  and insert:
   53                        A bill to be entitled                      
   54         An act relating to public records; amending s.
   55         397.334, F.S.; exempting from public records
   56         requirements information from the initial screenings
   57         for participation in a treatment-based drug court
   58         program, substance abuse screenings, behavioral health
   59         evaluations, and subsequent treatment status reports
   60         regarding a participant or a person considered for
   61         participation in a treatment-based drug court program;
   62         providing for future repeal and legislative review of
   63         the exemption under the Open Government Sunset Review
   64         Act; providing a statement of public necessity;
   65         providing an effective date.