ENROLLED 2014 Legislature CS for CS for SB 280 2014280er 1 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 a person 40 considered for participation in or the provision of treatment to 41 a person in a treatment-based drug court program. 42 (c) Records of a service provider which pertain to the 43 identity, diagnosis, and prognosis of or provision of service to 44 any person shall be disclosed pursuant to s. 397.501(7). 45 (d) This exemption applies to such information described in 46 paragraph (a) relating to a participant or a person considered 47 for participation in a treatment-based drug court program 48 before, on, or after the effective date of this exemption. 49 (e) This subsection is subject to the Open Government 50 Sunset Review Act in accordance with s. 119.15 and shall stand 51 repealed on October 2, 2019, unless reviewed and saved from 52 repeal through reenactment by the Legislature. 53 Section 2. The Legislature finds that it is a public 54 necessity that information relating to a participant or person 55 considered for participation in a treatment-based drug court 56 program under s. 397.334, Florida Statutes, which is contained 57 in certain records be made confidential and exempt from s. 58 119.07(1), Florida Statutes, and s. 24(a), Article I of the 59 State Constitution. Protecting information contained in records 60 created or compiled during screenings for participation in a 61 treatment-based drug court program, records created or compiled 62 during substance abuse screenings, behavioral health 63 evaluations, and subsequent treatment status reports is 64 necessary to protect the privacy rights of participants or 65 individuals considered for participation in treatment-based drug 66 court programs. Protecting against the release of information 67 that is sensitive and personal in nature prevents unwarranted 68 damage to the reputation of treatment-based drug court program 69 participants. Public disclosure of such information could result 70 in a substantial chilling effect on participation in treatment 71 based drug court programs. Preventing such chilling effect by 72 making this information confidential substantially outweighs any 73 public benefit derived from public disclosure of such 74 information. Accordingly, it is a public necessity that this 75 information be made confidential to protect the privacy rights 76 of program participants, encourage individuals to participate in 77 such programs, and promote the effective and efficient 78 administration of treatment-based drug court programs. 79 Section 3. This act shall take effect upon becoming a law.