Bill Text: FL S0786 | 2019 | Regular Session | Introduced

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Bill Title: Public Records/Mental, Emotional, and Behavioral Disorders/Substance Use Disorder

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-05-03 - Died in Children, Families, and Elder Affairs [S0786 Detail]

Download: Florida-2019-S0786-Introduced.html

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       Florida Senate - 2019                                     SB 786
       
       
        
       By Senator Book
       
       
       
       
       
       32-00432C-19                                           2019786__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         394.4616, F.S.; providing an exemption from public
    4         records requirements for petitions for involuntary
    5         assessment and stabilization, court orders, related
    6         records, and personal identifying information
    7         regarding persons with potential mental, emotional,
    8         and behavioral disorders; providing exceptions
    9         authorizing the release of such petitions, orders,
   10         records, and identifying information to certain
   11         persons and entities; providing construction;
   12         prohibiting a clerk of court from publishing personal
   13         identifying information on a court docket or in a
   14         publicly accessible file; requiring a person receiving
   15         certain information to maintain the information as
   16         confidential and exempt; providing applicability;
   17         providing for future legislative review and repeal of
   18         the exemption; amending s. 397.6760, F.S.; expanding
   19         the exemption from public records requirements for
   20         petitions for involuntary treatment, court orders,
   21         related records, and personal identifying information
   22         regarding substance abuse impaired persons to include
   23         a respondent’s name; expanding the list of entities to
   24         whom the clerk may disclose confidential and exempt
   25         pleadings and other documents; revising applicability
   26         to include appeals pending or filed on or after a
   27         specified date; revising the date for the future
   28         legislative review and repeal of the exemption;
   29         providing a statement of public necessity; providing
   30         an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Section 394.4616, Florida Statutes, is created
   35  to read:
   36         394.4616 Court records; confidentiality.—
   37         (1) The respondent’s name at trial and on appeal, and all
   38  petitions for involuntary examination or treatment, court
   39  orders, and related records that are filed with or by a court
   40  under this part, are confidential and exempt from s. 119.071(1)
   41  and s. 24(a), Art. I of the State Constitution. Pleadings and
   42  other documents made confidential and exempt by this section may
   43  be disclosed by the clerk of the court, upon request, to any of
   44  the following:
   45         (a) The petitioner.
   46         (b) The petitioner’s attorney.
   47         (c) The respondent.
   48         (d) The respondent’s attorney.
   49         (e) The respondent’s guardian or guardian advocate, if
   50  applicable.
   51         (f) In the case of a minor respondent, the respondent’s
   52  parent, guardian, legal custodian, or guardian advocate.
   53         (g) The respondent’s treating health care practitioner and
   54  treatment program provider.
   55         (h) The respondent’s health care surrogate or proxy.
   56         (i) The department and law enforcement agencies, without
   57  charge.
   58         (j) The Department of Corrections, without charge, if the
   59  respondent is committed or is to be returned to the custody of
   60  the Department of Corrections from the department.
   61         (k) A person or entity authorized to view records upon a
   62  court order for good cause. In determining if there is good
   63  cause for the disclosure of records, the court must weigh the
   64  person or entity’s need for the information against potential
   65  harm to the respondent from the disclosure.
   66         (2) This section does not preclude the clerk of the court
   67  from submitting the information required by s. 790.065 to the
   68  Department of Law Enforcement.
   69         (3) The clerk of the court may not publish personal
   70  identifying information on a court docket or in a publicly
   71  accessible file.
   72         (4) A person or entity receiving information pursuant to
   73  this section shall maintain that information as confidential and
   74  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   75  Constitution.
   76         (5) Except for any appeals finalized before July 1, 2019,
   77  the exemption under this section applies to all documents filed
   78  with a court before, on, or after July 1, 2019.
   79         (6) This section is subject to the Open Government Sunset
   80  Review Act in accordance with s. 119.15 and shall stand repealed
   81  on October 2, 2024, unless reviewed and saved from repeal
   82  through reenactment by the Legislature.
   83         Section 2. Section 397.6760, Florida Statutes, is amended
   84  to read:
   85         397.6760 Court records; confidentiality.—
   86         (1) All petitions for involuntary treatment assessment and
   87  stabilization, court orders, and related records, including the
   88  respondent’s name at trial and on appeal, which that are filed
   89  with or by a court under this part are confidential and exempt
   90  from s. 119.071(1) and s. 24(a), Art. I of the State
   91  Constitution. Pleadings and other documents made confidential
   92  and exempt by this section may be disclosed by the clerk of the
   93  court, upon request, to any of the following:
   94         (a) The petitioner.
   95         (b) The petitioner’s attorney.
   96         (c) The respondent.
   97         (d) The respondent’s attorney.
   98         (e) The respondent’s guardian or guardian advocate, if
   99  applicable.
  100         (f) In the case of a minor respondent, the respondent’s
  101  parent, guardian, legal custodian, or guardian advocate.
  102         (g) The respondent’s treating health care practitioner and
  103  treatment program.
  104         (h) The respondent’s health care surrogate or proxy.
  105         (i) The Department of Children and Families and law
  106  enforcement agencies, without charge.
  107         (j) The Department of Corrections, without charge, if the
  108  respondent is committed or is to be returned to the custody of
  109  the Department of Corrections from the Department of Children
  110  and Families.
  111         (k) A person or entity authorized to view records upon a
  112  court order for good cause. In determining if there is good
  113  cause for the disclosure of records, the court must weigh the
  114  person or entity’s need for the information against potential
  115  harm to the respondent from the disclosure.
  116         (2) This section does not preclude the clerk of the court
  117  from submitting the information required by s. 790.065 to the
  118  Department of Law Enforcement.
  119         (3) The clerk of the court may not publish personal
  120  identifying information on a court docket or in a publicly
  121  accessible file.
  122         (4) A person or entity receiving information pursuant to
  123  this section shall maintain that information as confidential and
  124  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  125  Constitution.
  126         (5) The exemption under this section applies to all
  127  documents filed with a court before, on, or after July 1, 2017,
  128  and appeals pending or filed on or after July 1, 2019.
  129         (6) This section is subject to the Open Government Sunset
  130  Review Act in accordance with s. 119.15 and shall stand repealed
  131  on October 2, 2024 2022, unless reviewed and saved from repeal
  132  through reenactment by the Legislature.
  133         Section 3. The Legislature finds that it is a public
  134  necessity that petitions for involuntary examination or
  135  treatment, court orders, and related records that are filed with
  136  or by a court under part I of chapter 394 and part V of chapter
  137  397, Florida Statutes, and the personal identifying information
  138  of a person with a potential mental, emotional, or behavioral
  139  disorder or a substance use disorder which is published on a
  140  court docket and maintained by the clerk of the court under part
  141  I of chapter 394 and part V of chapter 397, Florida Statutes, be
  142  made confidential and exempt from disclosure under s. 119.07(1),
  143  Florida Statutes, and s. 24(a), Article I of the State
  144  Constitution. The mental health and substance abuse impairment
  145  of a person are medical conditions, which should be protected
  146  from dissemination to the public. A person’s health and
  147  sensitive personal information regarding his or her mental
  148  health or substance abuse impairment are intensely private
  149  matters. Making such petitions, orders, records, and identifying
  150  information confidential and exempt from disclosure will protect
  151  such persons from the release of sensitive, personal information
  152  which could damage their and their families’ reputations. The
  153  publication of personal identifying information on a physical or
  154  virtual docket, regardless of whether any other record is
  155  published, defeats the purpose of protections otherwise
  156  provided. Further, the knowledge that such sensitive, personal
  157  information is subject to disclosure could have a chilling
  158  effect on a person’s willingness to seek out and comply with
  159  mental health or substance abuse treatment services.
  160         Section 4. This act shall take effect July 1, 2019.