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The Florida Senate

2004 Florida Statutes

Applicant and client records; confidential and privileged.
Section 413.341, Florida Statutes 2004

413.341  Applicant and client records; confidential and privileged.--

(1)  All oral and written records, information, letters, and reports received, made, or maintained by the division relative to any client or applicant are privileged, confidential, and exempt from the provisions of s. 119.07(1). Any person who discloses or releases such records, information, or communications in violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 Such records may not be released except that:

(a)  Records may be released to the client or applicant or his or her representative upon receipt of a written waiver from the client or applicant. Medical, psychological, or other information that the division believes may be harmful to a client or applicant may not be released directly to him or her, but must be provided through his or her designated representative.

(b)  Records that do not identify clients or applicants may be released for the purpose of research, when the research is approved by the division director.

(c)  Records used in administering the program may be released as required to administer the program or as required by an agency or political subdivision of the state in the performance of its duties. Any agency or political subdivision to which records are released under this paragraph may not disclose the records to third parties.

(d)  Records may be released upon the order of an administrative law judge, a hearing officer, a judge of compensation claims, an agency head exercising quasi-judicial authority, or a judge of a court of competent jurisdiction following a finding in an in camera proceeding that the records are relevant to the inquiry before the court and should be released. The in camera proceeding and all records relating thereto are confidential and exempt from the provisions of s. 119.07(1).

(e)  Whenever an applicant or individual receiving services has declared any intention to harm other persons or property, such declaration may be disclosed.

(f)  The division may also release personal information about an applicant or individual receiving services in order to protect him or her or others when he or she poses a threat to his or her own safety or to the safety of others and shall, upon official request, release such information to law enforcement agencies investigating the commission of a crime.

(2)  Records that come into the possession of the division and that are confidential by other provisions of law are confidential and exempt from the provisions of s. 119.07(1), and may not be released by the division, except as provided in this section.

History.--s. 1, ch. 88-214; s. 17, ch. 90-330; s. 36, ch. 91-46; s. 57, ch. 91-220; s. 2, ch. 91-269; s. 19, ch. 94-324; s. 265, ch. 96-406; s. 196, ch. 96-410; s. 1030, ch. 97-103.