Bill Text: FL S1014 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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       Florida Senate - 2013                                    SB 1014
       
       
       
       By Senator Garcia
       
       
       
       
       38-00927-13                                           20131014__
    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 the initial screenings for a treatment
    5         based drug court program, substance abuse screenings,
    6         behavioral health evaluations, and subsequent
    7         treatment status reports regarding a participant in a
    8         treatment-based drug court program; providing for
    9         future repeal and legislative review of the exemption
   10         under the Open Government Sunset Review Act; providing
   11         a statement of public necessity; providing an
   12         effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (10) is added to section 397.334,
   17  Florida Statutes, to read:
   18         397.334 Treatment-based drug court programs.—
   19         (10) Initial screenings for participation in a treatment
   20  based drug court program, substance abuse screenings, behavioral
   21  health evaluations, and subsequent treatment status reports
   22  relating to a participant in a treatment-based drug court
   23  program under this section are confidential and exempt from s.
   24  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   25  subsection is subject to the Open Government Sunset Review Act
   26  in accordance with s. 119.15 and shall stand repealed on October
   27  2, 2018, unless reviewed and saved from repeal through
   28  reenactment by the Legislature.
   29         Section 2. The Legislature finds that it is a public
   30  necessity that initial screenings for participation in a
   31  treatment-based drug court program, substance abuse screenings,
   32  behavioral health evaluations, and subsequent treatment status
   33  reports relating to a participant in a treatment-based drug
   34  court program under s. 397.334, Florida Statutes, be made exempt
   35  from public records requirements. This exemption is necessary to
   36  protect the privacy rights of participants in treatment-based
   37  drug court programs. These records are federally recognized as
   38  confidential in 42 C.F.R. 2, regarding the confidentiality of
   39  records of patients who suffer from alcohol or drug abuse.
   40  Accordingly, the Legislature finds that the chilling effect to a
   41  participant who is seeking treatment for his or her substance
   42  abuse which would result from the release of his or her
   43  evaluations, screenings, and reports substantially outweighs any
   44  public benefit derived from disclosure to the public.
   45         Section 3. This act shall take effect upon becoming a law.