Bill Text: FL S0910 | 2024 | Regular Session | Introduced

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Bill Title: Public Records/Veterans Treatment and Mental Health Court Programs

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-03-05 - Laid on Table, refer to CS/HB 715 [S0910 Detail]

Download: Florida-2024-S0910-Introduced.html

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       Florida Senate - 2024                                     SB 910
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-00832-24                                            2024910__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending ss.
    3         394.47891 and 394.47892, F.S.; providing public
    4         records exemptions for specified veterans treatment
    5         court program records and mental health court program
    6         records, respectively; authorizing disclosure of
    7         confidential and exempt information under certain
    8         circumstances; providing for retroactive application;
    9         providing for future legislative review and repeal;
   10         providing a statement of public necessity; providing
   11         an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (12) is added to section 394.47891,
   16  Florida Statutes, to read:
   17         394.47891 Veterans treatment court programs.—
   18         (12) PUBLIC RECORDS EXEMPTION.—
   19         (a) Information relating to a participant or a person
   20  considered for participation in a veterans treatment court
   21  program contained in the following records is confidential and
   22  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution:
   24         1. Records created or compiled during screenings for
   25  participation in the program.
   26         2. Records created or compiled during substance abuse
   27  screenings.
   28         3. Behavioral health evaluations.
   29         4. Subsequent treatment status reports.
   30         (b) Such confidential and exempt information may be
   31  disclosed:
   32         1. Pursuant to a written request of the participant or
   33  person considered for participation or his or her legal
   34  representative.
   35         2. To another governmental entity in the furtherance of its
   36  responsibilities associated with the screening of a person
   37  considered for participation in or the provision of treatment to
   38  a person in a veterans treatment court program.
   39         (c) If such confidential and exempt information is a
   40  substance abuse record of a service provider that pertains to
   41  the identity, diagnosis, or prognosis of or provision of
   42  services to a person, such information may be disclosed pursuant
   43  to s. 397.501(7).
   44         (d) If such confidential and exempt information is a record
   45  of a service provider that pertains to mental health, such
   46  information may be disclosed pursuant to s. 394.4615.
   47         (e) The public records exemption in this subsection applies
   48  to the information collected before, on, or after the effective
   49  date of this exemption.
   50         (f) This subsection is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2029, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. Subsection (8) is added to section 394.47892,
   55  Florida Statutes, to read:
   56         394.47892 Mental health court programs.—
   57         (8)(a) Information relating to a participant or a person
   58  considered for participation in a mental health court program
   59  contained in the following records is confidential and exempt
   60  from s. 119.07(1) and s. 24(a), Art. I of the State
   61  Constitution:
   62         1. Records created or compiled during screenings for
   63  participation in the program.
   64         2. Records created or compiled during substance abuse
   65  screenings.
   66         3. Behavioral health evaluations.
   67         4. Subsequent treatment status reports.
   68         (b) Such confidential and exempt information may be
   69  disclosed:
   70         1. Pursuant to a written request of the participant or
   71  person considered for participation or his or her legal
   72  representative.
   73         2. To another governmental entity in the furtherance of the
   74  governmental entity’s responsibilities associated with the
   75  screening of a person considered for participation in or the
   76  provision of treatment to a person in a mental health court
   77  program.
   78         (c) If such confidential and exempt information is a
   79  substance abuse record of a service provider that pertains to
   80  the identity, diagnosis, and prognosis of or provision of
   81  services to a person, such information may be disclosed pursuant
   82  to s. 397.501(7).
   83         (d) If such confidential and exempt information is a record
   84  of a service provider that pertains to mental health, such
   85  information may be disclosed pursuant to s. 394.4615.
   86         (e) The public records exemption in this subsection applies
   87  to the information collected before, on, or after the effective
   88  date of this exemption.
   89         (f) This subsection is subject to the Open Government
   90  Sunset Review Act in accordance with s. 119.15 and shall stand
   91  repealed on October 2, 2029, unless reviewed and saved from
   92  repeal through reenactment by the Legislature.
   93         Section 3. The Legislature finds that it is a public
   94  necessity that information relating to a participant or person
   95  considered for participation in a veterans treatment court
   96  program or mental health court program under ss. 394.47891 and
   97  394.47892, Florida Statutes, that is contained in certain
   98  records be made confidential and exempt from s. 119.07(1),
   99  Florida Statutes, and s. 24(a), Article I of the State
  100  Constitution. Protecting information contained in records
  101  created or compiled during screenings for participation in a
  102  veterans treatment court program or mental health court program,
  103  records created or compiled during substance abuse screenings,
  104  behavioral health evaluations, and subsequent treatment status
  105  reports is necessary to protect the privacy rights of
  106  participants or individuals considered for participation in a
  107  veterans treatment court program or mental health court program.
  108  Protecting against the release of information that is sensitive
  109  and personal in nature prevents unwarranted damage to the
  110  reputation of veterans treatment court program or mental health
  111  court program participants. Public disclosure of such
  112  information could result in a substantial negative effect on
  113  participation in veterans treatment court programs and mental
  114  health court programs. The Legislature further finds that the
  115  harm that may result from the release of such information
  116  significantly outweighs any public benefit that may be derived
  117  from the disclosure of such information. Finally, it is a public
  118  necessity that this information be made confidential and exempt
  119  to protect the privacy rights of program participants, encourage
  120  individuals to participate in such programs, and promote the
  121  effective and efficient administration of a veterans treatment
  122  court program or a mental health court program.
  123         Section 4. This act shall take effect upon becoming a law.