Florida Senate - 2014                                     SB 280
       
       
        
       By Senator Garcia
       
       
       
       
       
       38-00336-14                                            2014280__
    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 relating to a participant or
    5         a person considered for participation in a treatment
    6         based drug court program and contained in certain
    7         records, reports, and evaluations; providing for
    8         future repeal and legislative review of the exemption
    9         under the Open Government Sunset Review Act; providing
   10         a statement of public necessity; providing an
   11         effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (10) is added to section 397.334,
   16  Florida Statutes, to read:
   17         397.334 Treatment-based drug court programs.—
   18         (10)(a) Information relating to a participant or a person
   19  considered for participation in a treatment-based drug court
   20  program which is contained in the following records, reports,
   21  and evaluations is confidential and exempt from s. 119.07(1) and
   22  s. 24(a), Art. I of the State Constitution:
   23         1. Records relating to initial screenings for participation
   24  in the program.
   25         2. Records relating to substance abuse screenings.
   26         3. Behavioral health evaluations.
   27         4. Subsequent treatment status reports.
   28         (b) This subsection is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15 and shall stand
   30  repealed on October 2, 2019, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that it is a public
   33  necessity that information relating to a participant or person
   34  considered for participation in a treatment-based drug court
   35  program under s. 397.334, Florida Statutes, which is contained
   36  in certain records, reports, and evaluations be made
   37  confidential and exempt from s. 119.07(1), Florida Statutes, and
   38  s. 24(a), Article I of the State Constitution. Protecting
   39  information contained in records relating to initial screenings
   40  for participation in a treatment-based drug court program,
   41  records relating to substance abuse screenings, behavioral
   42  health evaluations, and subsequent treatment status reports is
   43  necessary to protect the privacy rights of participants or
   44  individuals considered for participation in treatment-based drug
   45  court programs. Protecting against the release of information
   46  that is sensitive and personal in nature prevents unwarranted
   47  damage to the reputation of treatment-based drug court program
   48  participants. Public disclosure of such information could result
   49  in a substantial chilling effect on participation in treatment
   50  based drug court programs. Preventing such chilling effect by
   51  making this information confidential substantially outweighs any
   52  public benefit derived from public disclosure of such
   53  information. Accordingly, it is a public necessity that this
   54  information be made confidential to protect the privacy rights
   55  of program participants, encourage individuals to participate in
   56  such programs, and promote the effective and efficient
   57  administration of treatment-based drug court programs.
   58         Section 3. This act shall take effect upon becoming a law.