Bill Text: FL S1620 | 2020 | Regular Session | Introduced
Bill Title: Public Records/Court Records
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Judiciary [S1620 Detail]
Download: Florida-2020-S1620-Introduced.html
Florida Senate - 2020 SB 1620 By Senator Book 32-00499A-20 20201620__ 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 certain examinations and 10 applications; 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 and 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 and law 63 enforcement agencies, without 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 calendar 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, 2020. 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, 20252024, 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, whichthatare 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 and law 117 enforcement agencies, without 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 calendar 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, 2020. 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, 20252022, 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 use 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, 2020.