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.