Florida Senate - 2023                                     SB 502
       
       
        
       By Senator Rouson
       
       
       
       
       
       16-01453-23                                            2023502__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         394.47891, F.S.; providing an exemption from public
    4         records requirements for certain information of
    5         persons participating in, or considered for
    6         participation in, veterans treatment 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 (12) is added to section 394.47891,
   17  Florida Statutes, to read:
   18         394.47891 Veterans treatment court programs.—
   19         (12) CONFIDENTIAL AND EXEMPT INFORMATION.—
   20         (a) Information relating to a participant or a person
   21  considered for participation in a veterans treatment court
   22  program which is contained in any of the following records is
   23  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   24  of the State Constitution:
   25         1. Records created or compiled during screenings for
   26  participation in the program.
   27         2. Records created or compiled during substance abuse
   28  screenings.
   29         3. Behavioral health evaluations.
   30         4. Subsequent treatment status reports.
   31         (b) Such confidential and exempt information may be
   32  disclosed:
   33         1. Pursuant to a written request of the participant or
   34  person considered for participation, or his or her legal
   35  representative.
   36         2. To another governmental entity in the furtherance of its
   37  responsibilities associated with the screening of a person
   38  considered for participation in or the provision of treatment to
   39  a person in a veterans treatment court program.
   40         (c) If such confidential and exempt information is a
   41  substance abuse record of a service provider which pertains to
   42  the identity, diagnosis, and prognosis of or provision of
   43  service to a person, such information may be disclosed pursuant
   44  to s. 397.501(7).
   45         (d) If such confidential and exempt information is a record
   46  of a service provider which pertains to mental health, such
   47  information may be disclosed pursuant to s. 394.4615.
   48         (e) The public records exemption contained in this section
   49  applies to the information collected before, on, or after the
   50  effective date of this exemption.
   51         (f) This subsection is subject to the Open Government
   52  Sunset Review Act in accordance with s. 119.15 and shall stand
   53  repealed on October 2, 2028, unless reviewed and saved from
   54  repeal through reenactment by the Legislature.
   55         Section 2. The Legislature finds that it is a public
   56  necessity that information relating to a participant or person
   57  considered for participation in a veterans treatment court
   58  program under s. 394.47891, Florida Statutes, which is contained
   59  in certain records be made confidential and exempt from s.
   60  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   61  State Constitution. Protecting information contained in records
   62  created or compiled during screenings for participation in a
   63  veterans treatment court program, records created or compiled
   64  during substance abuse screenings, behavioral health
   65  evaluations, and subsequent treatment status reports is
   66  necessary to protect the privacy rights of participants or
   67  individuals considered for participation in a veterans treatment
   68  court program. Protecting against the release of information
   69  that is sensitive and personal in nature prevents unwarranted
   70  damage to the reputation of veterans treatment court program
   71  participants. Public disclosure of such information could result
   72  in a substantial chilling effect on participation in a veterans
   73  treatment court program. Preventing such chilling effect by
   74  making this information confidential substantially outweighs any
   75  public benefit derived from public disclosure of such
   76  information. Accordingly, it is a public necessity that this
   77  information be made confidential to protect the privacy rights
   78  of program participants, encourage individuals to participate in
   79  such programs, and promote the effective and efficient
   80  administration of a veterans treatment court program.
   81         Section 3. This act shall take effect upon becoming a law.