Florida Senate - 2018 SB 1846 By Senator Powell 30-01890-18 20181846__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 394.464, F.S.; providing an exemption from public 4 records requirements for petitions for voluntary and 5 involuntary admission for mental health treatment, 6 court orders, related records, and personal 7 identifying information regarding persons seeking 8 mental health treatment and services; providing 9 exceptions authorizing the release of such petitions, 10 orders, records, and identifying information to 11 certain persons and entities; providing applicability; 12 prohibiting a clerk of court from publishing personal 13 identifying information on a court docket or in a 14 publicly accessible file; providing for retroactive 15 application; providing for future legislative review 16 and repeal of the exemption; providing a statement of 17 public necessity; providing a contingent effective 18 date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Section 394.464, Florida Statutes, is created to 23 read: 24 394.464 Court records; confidentiality.— 25 (1) All petitions for voluntary and involuntary admission 26 for mental health treatment, court orders, and related records 27 that are filed with or by a court under this part are 28 confidential and exempt from s. 119.071(1) and s. 24(a), Art. I 29 of the State Constitution. Pleadings and other documents made 30 confidential and exempt by this section may be disclosed by the 31 clerk of the court, upon request, to any of the following: 32 (a) The petitioner. 33 (b) The petitioner’s attorney. 34 (c) The respondent. 35 (d) The respondent’s attorney. 36 (e) The respondent’s guardian or guardian advocate, if 37 applicable. 38 (f) In the case of a minor respondent, the respondent’s 39 parent, guardian, legal custodian, or guardian advocate. 40 (g) The respondent’s treating health care practitioner. 41 (h) The respondent’s health care surrogate or proxy. 42 (i) The Department of Children and Families, without 43 charge. 44 (j) The Department of Corrections, without charge, if the 45 respondent is committed or is to be returned to the custody of 46 the Department of Corrections from the Department of Children 47 and Families. 48 (k) A person or entity authorized to view records upon a 49 court order for good cause. In determining if there is good 50 cause for the disclosure of records, the court must weigh the 51 person or entity’s need for the information against potential 52 harm to the respondent from the disclosure. 53 (2) This section does not preclude the clerk of the court 54 from submitting the information required by s. 790.065 to the 55 Department of Law Enforcement. 56 (3) The clerk of the court may not publish personal 57 identifying information on a court docket or in a publicly 58 accessible file. 59 (4) A person or entity receiving information pursuant to 60 this section shall maintain that information as confidential and 61 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 62 Constitution. 63 (5) The exemption under this section applies to all 64 documents filed with a court before, on, or after July 1, 2018. 65 (6) This section is subject to the Open Government Sunset 66 Review Act in accordance with s. 119.15 and shall stand repealed 67 on October 2, 2023, unless reviewed and saved from repeal 68 through reenactment by the Legislature. 69 Section 2. The Legislature finds that it is a public 70 necessity that petitions for voluntary and involuntary admission 71 for mental health treatment and related court orders and records 72 that are filed with or by a court under part I or part III of 73 chapter 394, Florida Statutes, and the personal identifying 74 information of a person seeking mental health treatment 75 published on a court docket and maintained by the clerk of the 76 court under part I or part III of chapter 394, Florida Statutes, 77 be made confidential and exempt from disclosure under s. 78 119.07(1), Florida Statutes, and s. 24(a), Article I of the 79 State Constitution. The mental health of a person, including a 80 minor, is a medical condition, which should be protected from 81 dissemination to the public. A person’s mental health is also an 82 intensely private matter. The public stigma associated with a 83 mental health condition may cause persons in need of treatment 84 to avoid seeking treatment and related services if the record of 85 such condition is accessible to the public. Without treatment, a 86 person’s condition may worsen, the person may harm himself or 87 herself or others, and the person may become a financial burden 88 on the state. The content of such records or personal 89 identifying information should not be made public merely because 90 they are filed with or by a court or placed on a docket. Making 91 such petitions, orders, records, and identifying information 92 confidential and exempt from disclosure will protect such 93 persons from the release of sensitive, personal information 94 which could damage their and their families’ reputations. The 95 publication of personal identifying information on a physical or 96 virtual docket, regardless of whether any other record is 97 published, defeats the purpose of protections otherwise 98 provided. Further, the knowledge that such sensitive, personal 99 information is subject to disclosure could have a chilling 100 effect on a person’s willingness to seek out and comply with 101 mental health treatment services. 102 Section 3. This act shall take effect on the same date that 103 SB ____ or similar legislation takes effect, if such legislation 104 is adopted in the same legislative session or an extension 105 thereof and becomes a law.