Florida Senate - 2016                                    SB 1280
       
       
        
       By Senator Ring
       
       29-01405A-16                                          20161280__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         394.4615, F.S.; providing exemptions from public
    4         records requirements for all personal identifying
    5         information of an individual for whom a petition or
    6         order is filed under The Baker Act; requiring the
    7         clerk of courts to allow access to such petition or
    8         order to specified persons upon request or by court
    9         order; providing for future legislative review and
   10         repeal of the exemption; amending s. 394.463, F.S.;
   11         providing exemptions from public records requirements
   12         for the petition and any ex parte orders for
   13         involuntary examination; requiring the clerk of courts
   14         to allow access to the petition to specified persons
   15         upon request or by court order; providing for future
   16         legislative review and repeal of the exemption;
   17         amending ss. 394.4655 and 394.467, F.S.; providing
   18         exemptions from public records requirements for
   19         petitions and court orders for involuntary outpatient
   20         or inpatient placement; requiring the clerk of courts
   21         to allow access to the petition or order for
   22         involuntary placement to specified persons upon
   23         request or by court order; prohibiting the clerk from
   24         posting personal identifying information in specified
   25         places; providing for future legislative review and
   26         repeal of the exemptions; providing a statement of
   27         public necessity; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (12) is added to section 394.4615,
   32  Florida Statutes, to read:
   33         394.4615 Clinical records; confidentiality.—
   34         (12) All personal identifying information about an
   35  individual for whom a petition is filed or order entered by a
   36  judge pursuant to part I of chapter 394, and filed with the
   37  clerk of the court is confidential and exempt from s. 119.07(1)
   38  and s. 24(a), Art. I of the State Constitution. A petition or an
   39  order made confidential and exempt by this subsection shall be
   40  disclosed by the clerk of the court, upon request, to a judge of
   41  the circuit, the respondent, a guardian, a health care surrogate
   42  or proxy, an attorney of record for the respondent, and to any
   43  other person as directed by order of the court. The clerk of the
   44  court may not post any personal identifying information on the
   45  docket or in publicly accessible files. This subsection is
   46  subject to the Open Government Sunset Review Act in accordance
   47  with s. 119.15 and shall stand repealed on October 2, 2021,
   48  unless reviewed and saved from repeal through reenactment by the
   49  Legislature.
   50         Section 2. Paragraph (a) of subsection (2) of section
   51  394.463, Florida Statutes, is amended to read:
   52         394.463 Involuntary examination.—
   53         (2) INVOLUNTARY EXAMINATION.—
   54         (a) An involuntary examination may be initiated by any one
   55  of the following means:
   56         1.a. A court may enter an ex parte order stating that a
   57  person appears to meet the criteria for involuntary examination,
   58  giving the findings on which that conclusion is based. The ex
   59  parte order for involuntary examination must be based on sworn
   60  testimony, written or oral. If other less restrictive means are
   61  not available, such as voluntary appearance for outpatient
   62  evaluation, a law enforcement officer, or other designated agent
   63  of the court, shall take the person into custody and deliver him
   64  or her to the nearest receiving facility for involuntary
   65  examination. The order of the court shall be made a part of the
   66  patient’s clinical record. No fee shall be charged for the
   67  filing of an order under this subsection. Any receiving facility
   68  accepting the patient based on this order must send a copy of
   69  the order to the Agency for Health Care Administration on the
   70  next working day. The order shall be valid only until executed
   71  or, if not executed, for the period specified in the order
   72  itself. If no time limit is specified in the order, the order
   73  shall be valid for 7 days after the date that the order was
   74  signed.
   75         b. The petition and any ex parte order entered by the court
   76  under this subparagraph are confidential and exempt from s.
   77  119.07(1) and s. 24(a), Art. I of the State Constitution. A
   78  petition made confidential and exempt by this sub-subparagraph
   79  shall be disclosed by the clerk of the court, upon request, to a
   80  judge of the circuit, the respondent, a guardian, a health care
   81  surrogate or proxy, an attorney of record for the respondent,
   82  and to any other person as directed by order of the court. This
   83  sub-subparagraph is subject to the Open Government Sunset Review
   84  Act in accordance with s. 119.15 and shall stand repealed on
   85  October 2, 2021, unless reviewed and saved from repeal through
   86  reenactment by the Legislature.
   87         2. A law enforcement officer shall take a person who
   88  appears to meet the criteria for involuntary examination into
   89  custody and deliver the person or have him or her delivered to
   90  the nearest receiving facility for examination. The officer
   91  shall execute a written report detailing the circumstances under
   92  which the person was taken into custody, and the report shall be
   93  made a part of the patient’s clinical record. Any receiving
   94  facility accepting the patient based on this report must send a
   95  copy of the report to the Agency for Health Care Administration
   96  on the next working day.
   97         3. A physician, clinical psychologist, psychiatric nurse,
   98  mental health counselor, marriage and family therapist, or
   99  clinical social worker may execute a certificate stating that he
  100  or she has examined a person within the preceding 48 hours and
  101  finds that the person appears to meet the criteria for
  102  involuntary examination and stating the observations upon which
  103  that conclusion is based. If other less restrictive means are
  104  not available, such as voluntary appearance for outpatient
  105  evaluation, a law enforcement officer shall take the person
  106  named in the certificate into custody and deliver him or her to
  107  the nearest receiving facility for involuntary examination. The
  108  law enforcement officer shall execute a written report detailing
  109  the circumstances under which the person was taken into custody.
  110  The report and certificate shall be made a part of the patient’s
  111  clinical record. Any receiving facility accepting the patient
  112  based on this certificate must send a copy of the certificate to
  113  the Agency for Health Care Administration on the next working
  114  day.
  115         Section 3. Paragraph (d) is added to subsection (3) of
  116  section 394.4655, Florida Statutes, to read:
  117         394.4655 Involuntary outpatient placement.—
  118         (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
  119         (d) The petition and any order entered by the court are
  120  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  121  of the State Constitution. A petition made confidential and
  122  exempt by this paragraph shall be disclosed by the clerk of the
  123  court, upon request, to a judge of the circuit, the respondent,
  124  a guardian, a health care surrogate or proxy, an attorney of
  125  record for the respondent, and to any other person as directed
  126  by order of the court. The clerk of the court may not post any
  127  personal identifying information on the docket or in publicly
  128  accessible files. This paragraph is subject to the Open
  129  Government Sunset Review Act in accordance with s. 119.15 and
  130  shall stand repealed on October 2, 2021, unless reviewed and
  131  saved from repeal through reenactment by the Legislature.
  132         Section 4. Subsection (3) of section 394.467, Florida
  133  Statutes, is amended to read:
  134         394.467 Involuntary inpatient placement.—
  135         (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—
  136         (a) The administrator of the facility shall file a petition
  137  for involuntary inpatient placement in the court in the county
  138  where the patient is located. Upon filing, the clerk of the
  139  court shall provide copies to the department, the patient, the
  140  patient’s guardian or representative, and the state attorney and
  141  public defender of the judicial circuit in which the patient is
  142  located. No fee shall be charged for the filing of a petition
  143  under this subsection.
  144         (b) The petition and any order entered by the court is
  145  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  146  of the State Constitution. A petition made confidential and
  147  exempt by this paragraph shall be disclosed by the clerk of the
  148  court, upon request, to a judge of the circuit, the respondent,
  149  a guardian, a health care surrogate or proxy, an attorney of
  150  record for the respondent, and to any other person as directed
  151  by order of the court. The clerk of the court may not post any
  152  personal identifying information on the docket or in publicly
  153  accessible files. This paragraph is subject to the Open
  154  Government Sunset Review Act in accordance with s. 119.15 and
  155  shall stand repealed on October 2, 2021, unless reviewed and
  156  saved from repeal through reenactment by the Legislature.
  157         Section 5. The Legislature finds that it is a public
  158  necessity to exempt from s. 119.07(1), Florida Statutes, and s.
  159  24(a), Article I of the State Constitution all personal
  160  identifying information about an individual for whom a petition
  161  is filed or an order entered by a judge pursuant to part I of
  162  chapter 394, Florida Statutes, which is contained in such
  163  petitions or orders or dockets concerning them, whether initial,
  164  amended, or supplementary, in order to preserve the privacy of
  165  the person by preserving the privacy of information in the
  166  petition or order or docket that would otherwise be accessible
  167  to the public. The Legislature finds that the public disclosure
  168  of such information in the petition or order or docket would
  169  produce undue harm to an individual alleged to have a mental
  170  illness.
  171         Section 6. This act shall take effect July 1, 2016.