Bill Text: FL S1014 | 2013 | Regular Session | Comm Sub

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

Spectrum: Bipartisan Bill

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

Download: Florida-2013-S1014-Comm_Sub.html

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       Florida Senate - 2013                             CS for SB 1014
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Garcia
       
       
       
       585-04020-13                                          20131014c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         397.334, F.S.; exempting from public records
    4         requirements information from the initial screenings
    5         for participation in a treatment-based drug court
    6         program, substance abuse screenings, behavioral health
    7         evaluations, and subsequent treatment status reports
    8         regarding a participant or a person considered for
    9         participation in a treatment-based drug court program;
   10         providing for future repeal and legislative review of
   11         the exemption under the Open Government Sunset Review
   12         Act; providing a statement of public necessity;
   13         providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (10) is added to section 397.334,
   18  Florida Statutes, to read:
   19         397.334 Treatment-based drug court programs.—
   20         (10)(a) Information relating to a participant or a person
   21  considered for participation in a treatment-based drug court
   22  program which is contained in the following records, reports,
   23  and evaluations is confidential and exempt from s. 119.07(1) and
   24  s. 24(a), Art. I, of the State Constitution:
   25         1. Records relating to initial screenings for participation
   26  in the program.
   27         2. Records relating to substance abuse screenings.
   28         3. Behavioral health evaluations.
   29         4. Subsequent treatment status reports.
   30         (b) This subsection is subject to the Open Government
   31  Sunset Review Act in accordance with s. 119.15 and shall stand
   32  repealed on October 2, 2018, unless reviewed and saved from
   33  repeal through reenactment by the Legislature.
   34         Section 2. The Legislature finds that it is a public
   35  necessity that information relating to a participant or person
   36  considered for participation in a treatment-based drug court
   37  program under s. 397.334, Florida Statutes, which is contained
   38  in certain records, reports, and evaluations, be made
   39  confidential and exempt from s. 119.07(1), Florida Statutes, and
   40  s. 24(a), Art. I of the State Constitution. Protecting
   41  information contained in records relating to initial screenings
   42  for participation in a treatment-based drug court program,
   43  records relating to substance abuse screenings, behavioral
   44  health evaluations, and subsequent treatment status reports is
   45  necessary to protect the privacy rights of participants or
   46  individuals considered for participation in treatment-based drug
   47  court programs. Accordingly, the Legislature finds that the
   48  chilling effect to an individual who is seeking treatment for
   49  his or her substance abuse which would result from the release
   50  of this information substantially outweighs any public benefit
   51  derived from disclosure to the public. Making this information
   52  confidential and exempt will protect information that is of a
   53  sensitive, personal nature; thus, the release of this
   54  information would cause unwarranted damage to the reputation of
   55  an individual. Furthermore, making this information confidential
   56  and exempt will encourage individuals to participate in drug
   57  court programs, and thereby promote the effective and efficient
   58  administration of treatment-based drug court programs.
   59         Section 3. This act shall take effect upon becoming a law.