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CS/CS/SB 886 — Public Records/Substance Abuse Impaired Persons

by Governmental Oversight and Accountability Committee; Children, Families, and Elder Affairs Committee; and Senator Powell

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Children, Families, and Elder Affairs Committee (CF)

CS/CS/SB 886 creates a public records exemption for petitions for involuntary assessment and stabilization of a substance abuse impaired person filed pursuant to s. 397.6815, F.S. The bill provides for a retroactive application of the public records exemption.

The bill aligns the protection of court documents under the Marchman Act (involuntary assessment for substance abuse) with the Baker Act (involuntary assessment for mental health disorders). The bill provides legislative findings that making such petitions, orders, records, and identifying information confidential and exempt from disclosure will protect such persons from the release of sensitive, personal information which could damage their and their families’ reputations, and that protecting such information is a public necessity.

If approved by the Governor, these provisions take effect July 1, 2017.

Vote: Senate 39-0; House 117-0