Florida Senate - 2019                                    SB 7010
       
       
        
       By the Committee on Judiciary
       
       
       
       
       
       590-01173-19                                          20197010__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 397.334, F.S., relating
    4         to an exemption from public records requirements for
    5         certain information relating to screenings for
    6         participation in treatment-based drug court programs
    7         and subsequent treatment status reports; removing the
    8         scheduled repeal of the exemption; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (10) of section 397.334, Florida
   14  Statutes, is amended to read:
   15         397.334 Treatment-based drug court programs.—
   16         (10)(a) Information relating to a participant or a person
   17  considered for participation in a treatment-based drug court
   18  program which is contained in the following records is
   19  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   20  of the State Constitution:
   21         1. Records created or compiled during screenings for
   22  participation in the program.
   23         2. Records created or compiled during substance abuse
   24  screenings.
   25         3. Behavioral health evaluations.
   26         4. Subsequent treatment status reports.
   27         (b) Such confidential and exempt information may be
   28  disclosed:
   29         1. Pursuant to a written request of the participant or
   30  person considered for participation, or his or her legal
   31  representative.
   32         2. To another governmental entity in the furtherance of its
   33  responsibilities associated with the screening of a person
   34  considered for participation in or the provision of treatment to
   35  a person in a treatment-based drug court program.
   36         (c) Records of a service provider which pertain to the
   37  identity, diagnosis, and prognosis of or provision of service to
   38  any person shall be disclosed pursuant to s. 397.501(7).
   39         (d) This exemption applies to such information described in
   40  paragraph (a) relating to a participant or a person considered
   41  for participation in a treatment-based drug court program
   42  before, on, or after the effective date of this exemption.
   43         (e) This subsection is subject to the Open Government
   44  Sunset Review Act in accordance with s. 119.15 and shall stand
   45  repealed on October 2, 2019, unless reviewed and saved from
   46  repeal through reenactment by the Legislature.
   47         Section 2. This act shall take effect October 1, 2019.