Florida Senate - 2016                              CS for SB 762
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Abruzzo
       
       585-02888-16                                           2016762c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         397.6815, F.S.; providing an exemption from public
    4         records requirements for a petition for involuntary
    5         assessment and stabilization of a substance abuse
    6         impaired person, court orders, and related records,
    7         and personal identifying information on certain court
    8         dockets; providing exceptions; providing for release
    9         of a petition to a guardian advocate; providing
   10         retroactive application; providing a statement of
   11         public necessity; providing an effective date.
   12  
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 397.6815, Florida Statutes, is amended
   17  to read:
   18         397.6815 Involuntary assessment and stabilization;
   19  exemption; procedure.—
   20         (1) Petitions for involuntary assessment and stabilization,
   21  court orders, and related records filed with or by the court
   22  under this part are confidential and exempt from s. 119.07(1)
   23  and s. 24(a), Art. I of the State Constitution.
   24         (2) Personal identifying information on a docket held under
   25  this part is confidential and exempt from s. 119.07(1) and s.
   26  24(a), Art. I of the State Constitution.
   27         (3) Petitions, court orders, related documents and personal
   28  identifying information shall be released, in addition to the
   29  persons identified in paragraph (4)(a):
   30         (a) To appropriate persons if necessary to ensure the
   31  continuity of the respondent’s health care, upon approval by the
   32  respondent, the respondent’s guardian, or, in the case of a
   33  minor, by the respondent’s parent, guardian, legal custodian, or
   34  guardian advocate.
   35         (b) To an agency or individual who has obtained a court
   36  order finding good cause for releasing the petition, order,
   37  related records or personal identifying information. In
   38  determining whether there is good cause for disclosure, the
   39  court shall weigh the need for the information to be disclosed
   40  against the possible harm of disclosure to the respondent.
   41         (c) To the Department of Corrections, without charge, upon
   42  request if the respondent is committed or is to be returned to
   43  the custody of the Department of Corrections from the Department
   44  of Children and Families.
   45         (4) Upon receipt and filing of the petition for the
   46  involuntary assessment and stabilization of a substance abuse
   47  impaired person by the clerk of the court, the court shall
   48  ascertain whether the respondent is represented by an attorney,
   49  and if not, whether, on the basis of the petition, an attorney
   50  should be appointed; and shall:
   51         (a)(1) Provide a copy of the petition and notice of hearing
   52  to the respondent; the respondent’s parent, guardian, or legal
   53  custodian, or guardian advocate, in the case of a minor; the
   54  respondent’s attorney, if known; the petitioner; the
   55  respondent’s spouse or guardian, if applicable; and such other
   56  persons as the court may direct pursuant to paragraph (3)(b),
   57  and have such petition and notice personally delivered to the
   58  respondent if he or she is a minor. The court shall also issue a
   59  summons to the person whose admission is sought and conduct a
   60  hearing within 10 days; or
   61         (b)(2) Without the appointment of an attorney and, relying
   62  solely on the contents of the petition, enter an ex parte order
   63  authorizing the involuntary assessment and stabilization of the
   64  respondent. The court may order a law enforcement officer or
   65  other designated agent of the court to take the respondent into
   66  custody and deliver him or her to the nearest appropriate
   67  licensed service provider.
   68         (5) This exemption shall be given retroactive application.
   69         Section 2. The Legislature finds that it is a public
   70  necessity that petitions for involuntary assessment and
   71  stabilization of a person impaired by substance abuse, court
   72  orders, and related records which are filed with or by a court
   73  pursuant to chapter 397, Florida Statutes, and personal
   74  identifying information on a court docket held pursuant to
   75  chapter 397, Florida Statutes, be confidential and exempt from
   76  disclosure under s. 119.07(1), Florida Statutes, and s. 24(a),
   77  Article I of the State Constitution. The personal health of an
   78  individual and his or her actual or alleged impairment by
   79  substance abuse are intensely private matters. The media have
   80  obtained Marchman Act records and have published details about
   81  people’s struggles with substance abuse on the Internet. The
   82  content of such a record or personal identifying information
   83  should not be made public merely because the record or personal
   84  identifying information is filed with or by a court or placed on
   85  a docket. Making these records and identifying information
   86  confidential and exempt from disclosure will protect information
   87  of a sensitive personal nature, the release of which could cause
   88  unwarranted damage to the reputation of an individual, as well
   89  as his or her family. Publication of personal identifying
   90  information on a physical or virtual docket, even if no other
   91  record were published, would defeat the purpose of the
   92  protection afforded by this exemption because a record of an
   93  individual’s substance abuse proceedings would be available to
   94  the public. Further, the knowledge that sensitive personal
   95  information is subject to disclosure could have a chilling
   96  effect on the willingness of individuals to seek and comply with
   97  substance abuse treatment services.
   98         Section 3. This act shall take effect July 1, 2016.