Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 1014
Barcode 484586
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2013 .
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The Committee on Governmental Oversight and Accountability
(Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (10) is added to section 397.334,
6 Florida Statutes, to read:
7 397.334 Treatment-based drug court programs.—
8 (10)(a) Information relating to a participant or a person
9 considered for participation in a treatment-based drug court
10 program which is contained in the following records, reports,
11 and evaluations is confidential and exempt from s. 119.07(1) and
12 s. 24(a), Art. I, of the State Constitution:
13 1. Records relating to initial screenings for participation
14 in the program.
15 2. Records relating to substance abuse screenings.
16 3. Behavioral health evaluations.
17 4. Subsequent treatment status reports.
18 (b) This subsection is subject to the Open Government
19 Sunset Review Act in accordance with s. 119.15 and shall stand
20 repealed on October 2, 2018, unless reviewed and saved from
21 repeal through reenactment by the Legislature.
22 Section 2. The Legislature finds that it is a public
23 necessity that information relating to a participant or person
24 considered for participation in a treatment-based drug court
25 program under s. 397.334, Florida Statutes, which is contained
26 in certain records, reports, and evaluations, be made
27 confidential and exempt from s. 119.07(1), Florida Statutes, and
28 s. 24(a), Art. I of the State Constitution. Protecting
29 information contained in records relating to initial screenings
30 for participation in a treatment-based drug court program,
31 records relating to substance abuse screenings, behavioral
32 health evaluations, and subsequent treatment status reports is
33 necessary to protect the privacy rights of participants or
34 individuals considered for participation in treatment-based drug
35 court programs. Accordingly, the Legislature finds that the
36 chilling effect to an individual who is seeking treatment for
37 his or her substance abuse which would result from the release
38 of this information substantially outweighs any public benefit
39 derived from disclosure to the public. Making this information
40 confidential and exempt will protect information that is of a
41 sensitive, personal nature; thus, the release of this
42 information would cause unwarranted damage to the reputation of
43 an individual. Furthermore, making this information confidential
44 and exempt will encourage individuals to participate in drug
45 court programs, and thereby promote the effective and efficient
46 administration of treatment-based drug court programs.
47 Section 3. This act shall take effect upon becoming a law.
48
49 ================= T I T L E A M E N D M E N T ================
50 And the title is amended as follows:
51 Delete everything before the enacting clause
52 and insert:
53 A bill to be entitled
54 An act relating to public records; amending s.
55 397.334, F.S.; exempting from public records
56 requirements information from the initial screenings
57 for participation in a treatment-based drug court
58 program, substance abuse screenings, behavioral health
59 evaluations, and subsequent treatment status reports
60 regarding a participant or a person considered for
61 participation in a treatment-based drug court program;
62 providing for future repeal and legislative review of
63 the exemption under the Open Government Sunset Review
64 Act; providing a statement of public necessity;
65 providing an effective date.