Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 824
Barcode 234164
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 lines 21 - 50
4 and insert:
5 court under this chapter is confidential and exempt from s.
6 24(a), Art. I of the State Constitution.
7 (2) As used in this section, the term “forensic behavioral
8 health evaluation” means any record, including supporting
9 documentation, derived from a competency, substance abuse,
10 psychosexual, psychological, psychiatric, psychosocial,
11 cognitive impairment, sanity, or other mental health evaluation
12 of an individual.
13 Section 2. The Legislature finds that it is a public
14 necessity that forensic behavioral health evaluations filed with
15 the court pursuant to chapter 916, Florida Statutes, be
16 confidential and exempt from disclosure under s. 24(a), Art. I
17 of the State Constitution. The personal health of an individual
18 and the treatment he or she receives is an intensely private
19 matter. An individual’s forensic behavioral health evaluation
20 should not be made public merely because it is filed with the
21 court. Protecting forensic behavioral health evaluations is
22 necessary to consistently protect the health care privacy rights
23 of all persons. Making these evaluations confidential and exempt
24 will protect information of a sensitive personal nature, the
25 release of which would cause unwarranted damage to the
26 reputation of an individual. Further, the knowledge that
27 sensitive personal information is subject to disclosure could
28 have a chilling effect on mental health experts who conduct the
29 evaluations for use by the court. Therefore, making these
30 evaluations confidential and exempt allows courts to effectively
31 and efficiently make decisions relating to the competency of
32 individuals who interact with the state courts system.
33
34 ================= T I T L E A M E N D M E N T ================
35 And the title is amended as follows:
36 Delete lines 7 - 10
37 and insert:
38 providing a