Florida Senate - 2023                                     SB 500
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-01455-23                                            2023500__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         394.47892, F.S.; providing an exemption from public
    4         records requirements for certain information of
    5         persons participating in, or considered for
    6         participation in, mental health court programs;
    7         authorizing the disclosure of confidential and exempt
    8         information under certain circumstances; providing for
    9         retroactive application; providing for legislative
   10         review and repeal of the exemption; providing a
   11         statement of public necessity; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (8) is added to section 394.47892,
   17  Florida Statutes, to read:
   18         394.47892 Mental health court programs.—
   19         (8)(a) Information relating to a participant or a person
   20  considered for participation in a mental health court program
   21  which is contained in any of the following records is
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution:
   24         1. Records created or compiled during screenings for
   25  participation in the program.
   26         2. Records created or compiled during substance abuse
   27  screenings.
   28         3. Behavioral health evaluations.
   29         4. Subsequent treatment status reports.
   30         (b) Such confidential and exempt information may be
   31  disclosed:
   32         1. Pursuant to a written request of the participant or
   33  person considered for participation, or his or her legal
   34  representative.
   35         2. To another governmental entity in the furtherance of its
   36  responsibilities associated with the screening of a person
   37  considered for participation in or the provision of treatment to
   38  a person in a mental health court program.
   39         (c) If such confidential and exempt information is a
   40  substance abuse record of a service provider which pertains to
   41  the identity, diagnosis, and prognosis of or provision of
   42  service to a person, such information may be disclosed pursuant
   43  to s. 397.501(7).
   44         (d) If such confidential and exempt information is a record
   45  of a service provider which pertains to mental health, such
   46  information may be disclosed pursuant to s. 394.4615.
   47         (e) The public records exemption contained in this section
   48  applies to the information collected before, on, or after the
   49  effective date of this exemption.
   50         (f) This subsection is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2028, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. The Legislature finds that it is a public
   55  necessity that information relating to a participant or person
   56  considered for participation in a mental health court program
   57  under s. 394.47892, Florida Statutes, which is contained in
   58  certain records be made confidential and exempt from s.
   59  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   60  State Constitution. Protecting information contained in records
   61  created or compiled during screenings for participation in a
   62  mental health court program, records created or compiled during
   63  substance abuse screenings, behavioral health evaluations, and
   64  subsequent treatment status reports is necessary to protect the
   65  privacy rights of participants or individuals considered for
   66  participation in a mental health court program. Protecting
   67  against the release of information that is sensitive and
   68  personal in nature prevents unwarranted damage to the reputation
   69  of mental health court program participants. Public disclosure
   70  of such information could result in a substantial chilling
   71  effect on participation in mental health court programs.
   72  Preventing such chilling effect by making this information
   73  confidential substantially outweighs any public benefit derived
   74  from public disclosure of such information. Accordingly, it is a
   75  public necessity that this information be made confidential to
   76  protect the privacy rights of program participants, encourage
   77  individuals to participate in such programs, and promote the
   78  effective and efficient administration of mental health court
   79  programs.
   80         Section 3. This act shall take effect upon becoming a law.