Florida Senate - 2026 SB 876
By Senator Gaetz
1-01157-26 2026876__
1 A bill to be entitled
2 An act relating to public records and public meetings;
3 amending ss. 394.464 and 397.6760, F.S.; providing
4 that all hearings relating to mental health
5 examination or treatment and substance abuse treatment
6 or assessment and stabilization, respectively, are
7 confidential and closed to the public; providing
8 exceptions; providing that certain information is
9 exempt from public records requirements; revising a
10 public records exemption to include certain petitions
11 and applications; authorizing disclosure of certain
12 confidential and exempt documents to certain service
13 providers; authorizing courts to use a respondent’s
14 name for certain purposes; revising applicability;
15 providing for future legislative review and repeal of
16 the exemption; making technical changes; providing
17 statements of public necessity; providing a contingent
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 394.464, Florida Statutes, is amended to
23 read:
24 394.464 Court proceedings and records; confidentiality.—
25 (1) Absent the respondent’s consent or a finding of good
26 cause by a judge or an administrative law judge, all hearings
27 conducted under this part are confidential and closed to the
28 public.
29 (2)(a) The respondent’s name, at a hearing or on appeal,
30 and all petitions or applications for voluntary and involuntary
31 admission for mental health examination or treatment, court
32 orders, and related records that are filed with or by a court
33 under this part are confidential and exempt from s. 119.07(1)
34 and s. 24(a), Art. I of the State Constitution. Pleadings and
35 other documents made confidential and exempt by this section may
36 be disclosed by the clerk of the court, upon request, to any of
37 the following:
38 1.(a) The petitioner.
39 2.(b) The petitioner’s attorney.
40 3.(c) The respondent.
41 4.(d) The respondent’s attorney.
42 5.(e) The respondent’s guardian or guardian advocate, if
43 applicable.
44 6.(f) In the case of a minor respondent, the respondent’s
45 parent, guardian, legal custodian, or guardian advocate.
46 7.(g) The respondent’s treating health care practitioner
47 and service provider.
48 8.(h) The respondent’s health care surrogate or proxy.
49 9.(i) The Department of Children and Families, without
50 charge.
51 10.(j) The Department of Corrections, without charge, if
52 the respondent is committed or is to be returned to the custody
53 of the Department of Corrections from the Department of Children
54 and Families.
55 11.(k) A person or an entity authorized to view records
56 upon a court order for good cause. In determining whether if
57 there is good cause for the disclosure of records, the court
58 shall must weigh the person’s person or entity’s need for the
59 information against potential harm to the respondent from the
60 disclosure.
61 (b)(2) This subsection section does not preclude the clerk
62 of the court from submitting the information required by s.
63 790.065 to the Department of Law Enforcement.
64 (c)(3) The clerk of the court may not publish personal
65 identifying information on a court docket or in a publicly
66 accessible file, but the court may use the respondent’s name to
67 schedule and adjudicate cases, including the transmission of any
68 court order to the parties or the service provider.
69 (d)(4) A person or an entity receiving information pursuant
70 to this subsection section shall maintain that information as
71 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
72 of the State Constitution.
73 (e)(5) The exemption under this subsection section applies
74 to all documents filed with a court before, on, or after July 1,
75 2019, and appeals pending or filed on or after July 1, 2026.
76 (f) This subsection applies to records held by the Division
77 of Administrative Hearings to the same extent as records held by
78 a court.
79 (g) This subsection is subject to the Open Government
80 Sunset Review Act in accordance with s. 119.15 and shall stand
81 repealed on October 2, 2031, unless reviewed and saved from
82 repeal through reenactment by the Legislature.
83 Section 2. Section 397.6760, Florida Statutes, is amended
84 to read:
85 397.6760 Court proceedings and records; confidentiality.—
86 (1) Absent a judicial finding of good cause or the
87 respondent’s consent, all hearings under this part or part IV
88 are confidential and closed to the public.
89 (2)(a) The respondent’s name, at trial and on appeal, and
90 all petitions or applications for voluntary and involuntary
91 substance abuse treatment or assessment and stabilization, court
92 orders, and related records that are filed with or by a court
93 under this part or part IV are confidential and exempt from s.
94 119.07(1) and s. 24(a), Art. I of the State Constitution.
95 Pleadings and other documents made confidential and exempt by
96 this section may be disclosed by the clerk of the court, upon
97 request, to any of the following:
98 1.(a) The petitioner.
99 2.(b) The petitioner’s attorney.
100 3.(c) The respondent.
101 4.(d) The respondent’s attorney.
102 5.(e) The respondent’s guardian or guardian advocate, if
103 applicable.
104 6.(f) In the case of a minor respondent, the respondent’s
105 parent, guardian, legal custodian, or guardian advocate.
106 7.(g) The respondent’s treating health care practitioner
107 and service provider.
108 8.(h) The respondent’s health care surrogate or proxy.
109 9.(i) The Department of Children and Families, without
110 charge.
111 10.(j) The Department of Corrections, without charge, if
112 the respondent is committed or is to be returned to the custody
113 of the Department of Corrections from the Department of Children
114 and Families.
115 11.(k) A person or an entity authorized to view records
116 upon a court order for good cause. In determining whether if
117 there is good cause for the disclosure of records, the court
118 shall must weigh the person’s person or entity’s need for the
119 information against potential harm to the respondent from the
120 disclosure.
121 (b)(2) This subsection section does not preclude the clerk
122 of the court from submitting the information required by s.
123 790.065 to the Department of Law Enforcement.
124 (c)(3) The clerk of the court may not publish personal
125 identifying information on a court docket or in a publicly
126 accessible file, but the court may use the respondent’s name to
127 schedule and adjudicate cases, including the transmission of any
128 court order to the parties or the service provider.
129 (d)(4) A person or an entity receiving information pursuant
130 to this subsection section shall maintain that information as
131 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
132 of the State Constitution.
133 (e)(5) The exemption under this subsection section applies
134 to all documents filed with a court before, on, or after July 1,
135 2017, and appeals pending or filed on or after July 1, 2026.
136 (f) This subsection is subject to the Open Government
137 Sunset Review Act in accordance with s. 119.15 and shall stand
138 repealed on October 2, 2031, unless reviewed and saved from
139 repeal through reenactment by the Legislature.
140 Section 3. (1) The Legislature finds that it is a public
141 necessity that court hearings under part I of chapter 394 and
142 part IV or part V of chapter 397, Florida Statutes, be made
143 confidential and closed to the public unless the court finds
144 good cause to open a hearing to the public or the respondent
145 consents to a hearing being open to the public. A person’s
146 mental health or substance use disorders are medical conditions
147 that should be protected from public disclosure. A person’s
148 health and sensitive personal information regarding his or her
149 mental health or substance use disorders are intensely private
150 matters. Making hearings confidential and closed to the public
151 when such disorders, conditions, and personal information may be
152 communicated will protect such persons from the release of
153 sensitive personal information that could damage their and their
154 families’ reputations. Allowing public hearings relating to such
155 information defeats the purpose of protections otherwise
156 provided. Further, the knowledge that such sensitive personal
157 information is subject to disclosure could have a chilling
158 effect on a person’s willingness to seek out and comply with
159 mental health or substance abuse treatment services.
160 (2) The Legislature finds that it is a public necessity
161 that voluntary applications or petitions for involuntary
162 examination or treatment, court orders, and related records that
163 are filed with or by a court or relevant service provider under
164 part I of chapter 394 and part IV or part V of chapter 397,
165 Florida Statutes, and the personal identifying information of a
166 person with a potential mental, emotional, or behavioral
167 disorder or a substance use disorder which is published on a
168 court docket and maintained by the clerk of the court under part
169 I of chapter 394 and part IV or part V of chapter 397, Florida
170 Statutes, or with the relevant service provider be made
171 confidential and exempt from disclosure under s. 119.07(1),
172 Florida Statutes, and s. 24(a), Article I of the State
173 Constitution. The mental health or substance use disorders of a
174 person are medical conditions that should be protected from
175 public disclosure. A person’s health and sensitive personal
176 information regarding his or her mental health or substance use
177 disorders are intensely private matters. Making such
178 applications, petitions, orders, records, and personal
179 identifying information confidential and exempt from disclosure
180 will protect such persons from the release of sensitive personal
181 information that could damage their and their families’
182 reputations. The publication of personal identifying information
183 on a physical or virtual docket, regardless of whether any other
184 record is published, defeats the purpose of protections
185 otherwise provided. Further, the knowledge that such sensitive
186 personal information is subject to disclosure could have a
187 chilling effect on a person’s willingness to seek out and comply
188 with mental health or substance abuse treatment services.
189 Section 4. This act shall take effect July 1, 2026.