Florida Senate - 2014 CS for SB 280 By the Committee on Governmental Oversight and Accountability; and Senator Garcia 585-03260-14 2014280c1 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 screenings for 5 participation in a treatment-based drug court program, 6 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 program; providing 10 for exceptions to the exemption; providing for 11 retroactive application of the public record 12 exemption; providing for future repeal and legislative 13 review of the exemption under the Open Government 14 Sunset Review Act; providing a statement of public 15 necessity; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (10) is added to section 397.334, 20 Florida Statutes, to read: 21 397.334 Treatment-based drug court programs.— 22 (10)(a) Information relating to a participant or a person 23 considered for participation in a treatment-based drug court 24 program which is contained in the following records is 25 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 26 of the State Constitution: 27 1. Records created or compiled during screenings for 28 participation in the program. 29 2. Records created or compiled during substance abuse 30 screenings. 31 3. Behavioral health evaluations. 32 4. Subsequent treatment status reports. 33 (b) Such confidential and exempt information may be 34 disclosed: 35 1. Pursuant to a written request of the participant or 36 person considered for participation, or his or her legal 37 representative. 38 2. To another governmental entity in the furtherance of its 39 responsibilities associated with the screening of or providing 40 treatment to a person in a treatment-based drug court program. 41 (c) Records of a service provider which pertain to the 42 identity, diagnosis, and prognosis of or provision of service to 43 any person shall be disclosed pursuant to s. 397.501(7). 44 (d) This exemption applies to such information described in 45 paragraph (a) relating to a participant or a person considered 46 for participation in a treatment-based drug court program 47 before, on, or after the effective date of this exemption. 48 (e) This subsection is subject to the Open Government 49 Sunset Review Act in accordance with s. 119.15 and shall stand 50 repealed on October 2, 2019, unless reviewed and saved from 51 repeal through reenactment by the Legislature. 52 Section 2. The Legislature finds that it is a public 53 necessity that information relating to a participant or person 54 considered for participation in a treatment-based drug court 55 program under s. 397.334, Florida Statutes, which is contained 56 in certain records be made confidential and exempt from s. 57 119.07(1), Florida Statutes, and s. 24(a), Article I of the 58 State Constitution. Protecting information contained in records 59 created or compiled during screenings for participation in a 60 treatment-based drug court program, records created or compiled 61 during substance abuse screenings, behavioral health 62 evaluations, and subsequent treatment status reports is 63 necessary to protect the privacy rights of participants or 64 individuals considered for participation in treatment-based drug 65 court programs. Protecting against the release of information 66 that is sensitive and personal in nature prevents unwarranted 67 damage to the reputation of treatment-based drug court program 68 participants. Public disclosure of such information could result 69 in a substantial chilling effect on participation in treatment 70 based drug court programs. Preventing such chilling effect by 71 making this information confidential substantially outweighs any 72 public benefit derived from public disclosure of such 73 information. Accordingly, it is a public necessity that this 74 information be made confidential to protect the privacy rights 75 of program participants, encourage individuals to participate in 76 such programs, and promote the effective and efficient 77 administration of treatment-based drug court programs. 78 Section 3. This act shall take effect upon becoming a law.