Florida Senate - 2021                                    SB 1806
       
       
        
       By Senator Book
       
       
       
       
       
       32-00427-21                                           20211806__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         394.464, F.S.; exempting from public records
    4         requirements a respondent’s name in certain documents
    5         at trial and on appeal; expanding the exemption from
    6         public records requirements for certain petitions,
    7         court orders, and related records regarding persons
    8         with potential mental, emotional, and behavioral
    9         disorders to include applications for certain
   10         examinations; expanding exceptions authorizing the
   11         release or use of such applications, petitions,
   12         orders, records, and identifying information to
   13         include certain persons and entities; authorizing
   14         courts to use a respondent’s name for certain
   15         purposes; revising applicability to include appeals
   16         pending or filed on or after a specified date;
   17         revising the date for future legislative review and
   18         repeal of the exemption; amending s. 397.6760, F.S.;
   19         exempting a respondent’s name in certain documents at
   20         trial and on appeal from public records requirements;
   21         expanding exemptions from public records requirements
   22         for certain petitions, court orders, and related
   23         records regarding substance abuse impaired persons to
   24         include certain applications for substance abuse
   25         treatments, assessments, and stabilizations; expanding
   26         exceptions authorizing the release or use of such
   27         applications, petitions, orders, records, and
   28         identifying information to include certain persons and
   29         entities; authorizing courts to use a respondent’s
   30         name for certain purposes; revising applicability to
   31         include appeals pending or filed on or after a
   32         specified date; revising the date for future
   33         legislative review and repeal of the exemption;
   34         providing a statement of public necessity; providing
   35         an effective date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 394.464, Florida Statutes, is amended to
   40  read:
   41         394.464 Court records; confidentiality.—
   42         (1) The respondent’s name, at trial and on appeal, and all
   43  petitions or applications for voluntary and involuntary
   44  admission for mental health examination or treatment, court
   45  orders, and related records that are filed with or by a court
   46  under this part are confidential and exempt from s. 119.07(1)
   47  and s. 24(a), Art. I of the State Constitution. Pleadings and
   48  other documents made confidential and exempt by this section may
   49  be disclosed by the clerk of the court, upon request, to any of
   50  the following:
   51         (a) The petitioner.
   52         (b) The petitioner’s attorney.
   53         (c) The respondent.
   54         (d) The respondent’s attorney.
   55         (e) The respondent’s guardian or guardian advocate, if
   56  applicable.
   57         (f) In the case of a minor respondent, the respondent’s
   58  parent, guardian, legal custodian, or guardian advocate.
   59         (g) The respondent’s treating health care practitioner and
   60  treatment program provider.
   61         (h) The respondent’s health care surrogate or proxy.
   62         (i) The Department of Children and Families, without
   63  charge.
   64         (j) The Department of Corrections, without charge, if the
   65  respondent is committed or is to be returned to the custody of
   66  the Department of Corrections from the Department of Children
   67  and Families.
   68         (k) A person or entity authorized to view records upon a
   69  court order for good cause. In determining if there is good
   70  cause for the disclosure of records, the court must weigh the
   71  person or entity’s need for the information against potential
   72  harm to the respondent from the disclosure.
   73         (2) This section does not preclude the clerk of the court
   74  from submitting the information required by s. 790.065 to the
   75  Department of Law Enforcement.
   76         (3) The clerk of the court may not publish personal
   77  identifying information on a court docket or in a publicly
   78  accessible file, but the courts may use a respondent’s name to
   79  schedule and adjudicate cases, which includes the transmission
   80  of any court order to the parties.
   81         (4) A person or entity receiving information pursuant to
   82  this section shall maintain that information as confidential and
   83  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   84  Constitution.
   85         (5) The exemption under this section applies to all
   86  documents filed with a court before, on, or after July 1, 2019,
   87  and appeals pending or filed on or after July 1, 2021.
   88         (6) This section is subject to the Open Government Sunset
   89  Review Act in accordance with s. 119.15 and shall stand repealed
   90  on October 2, 2026 2024, unless reviewed and saved from repeal
   91  through reenactment by the Legislature.
   92         Section 2. Section 397.6760, Florida Statutes, is amended
   93  to read:
   94         397.6760 Court records; confidentiality.—
   95         (1) The respondent’s name, at trial and on appeal, and all
   96  petitions or applications for voluntary or involuntary substance
   97  abuse treatment or assessment and stabilization, court orders,
   98  and related records, including the respondent’s name, at trial
   99  and on appeal, which that are filed with or by a court under
  100  this part or part IV are confidential and exempt from s.
  101  119.07(1) and s. 24(a), Art. I of the State Constitution.
  102  Pleadings and other documents made confidential and exempt by
  103  this section may be disclosed by the clerk of the court, upon
  104  request, to any of the following:
  105         (a) The petitioner.
  106         (b) The petitioner’s attorney.
  107         (c) The respondent.
  108         (d) The respondent’s attorney.
  109         (e) The respondent’s guardian or guardian advocate, if
  110  applicable.
  111         (f) In the case of a minor respondent, the respondent’s
  112  parent, guardian, legal custodian, or guardian advocate.
  113         (g) The respondent’s treating health care practitioner and
  114  treatment program.
  115         (h) The respondent’s health care surrogate or proxy.
  116         (i) The Department of Children and Families, without
  117  charge.
  118         (j) The Department of Corrections, without charge, if the
  119  respondent is committed or is to be returned to the custody of
  120  the Department of Corrections from the Department of Children
  121  and Families.
  122         (k) A person or entity authorized to view records upon a
  123  court order for good cause. In determining if there is good
  124  cause for the disclosure of records, the court must weigh the
  125  person or entity’s need for the information against potential
  126  harm to the respondent from the disclosure.
  127         (2) This section does not preclude the clerk of the court
  128  from submitting the information required by s. 790.065 to the
  129  Department of Law Enforcement.
  130         (3) The clerk of the court may not publish personal
  131  identifying information on a court docket or in a publicly
  132  accessible file, but the courts may use a respondent’s name to
  133  schedule and adjudicate cases, which includes the transmission
  134  of any court order to the parties.
  135         (4) A person or entity receiving information pursuant to
  136  this section shall maintain that information as confidential and
  137  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  138  Constitution.
  139         (5) The exemption under this section applies to all
  140  documents filed with a court before, on, or after July 1, 2017,
  141  and appeals pending or filed on or after July 1, 2021.
  142         (6) This section is subject to the Open Government Sunset
  143  Review Act in accordance with s. 119.15 and shall stand repealed
  144  on October 2, 2026 2022, unless reviewed and saved from repeal
  145  through reenactment by the Legislature.
  146         Section 3. The Legislature finds that it is a public
  147  necessity that voluntary applications or petitions for
  148  involuntary examination or treatment, court orders, and related
  149  records that are filed with or by a court or relevant treatment
  150  provider under part I of chapter 394 and parts IV and V of
  151  chapter 397, Florida Statutes, and the personal identifying
  152  information of a person with a potential mental, emotional, or
  153  behavioral disorder or a substance abuse disorder which is
  154  published on a court docket and maintained by the clerk of the
  155  court under part I of chapter 394 and parts IV or V of chapter
  156  397, Florida Statutes, or with the relevant treatment provider
  157  be made confidential and exempt from disclosure under s.
  158  119.07(1), Florida Statutes, and s. 24(a), Article I of the
  159  State Constitution. The mental health and substance abuse
  160  impairments of a person are medical conditions that should be
  161  protected from dissemination to the public. A person’s health
  162  and sensitive personal information regarding his or her mental
  163  health or substance abuse impairment are intensely private
  164  matters. Making such applications, petitions, orders, records,
  165  and identifying information confidential and exempt from
  166  disclosure will protect such persons from the release of
  167  sensitive, personal information that could damage their and
  168  their families’ reputations. The publication of personal
  169  identifying information on a physical or virtual docket,
  170  regardless of whether any other record is published, defeats the
  171  purpose of protections otherwise provided. Further, the
  172  knowledge that such sensitive, personal information is subject
  173  to disclosure could have a chilling effect on a person’s
  174  willingness to seek out and comply with mental health or
  175  substance abuse treatment services.
  176         Section 4. This act shall take effect July 1, 2021.