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         394.464Court 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.