Florida Senate - 2013                                     SB 824
       
       
       
       By Senator Garcia
       
       
       
       
       38-00926-13                                            2013824__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         916.1065, F.S.; creating an exemption from public
    4         records requirements for a forensic behavioral health
    5         evaluation filed with a court; providing a definition
    6         for the term “forensic behavioral health evaluation”;
    7         authorizing the release of such evaluations under
    8         certain circumstances; providing for future
    9         legislative review and repeal of the exemption under
   10         the Open Government Sunset Review Act; providing a
   11         statement of public necessity, applicability, and
   12         construction; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 916.1065, Florida Statutes, is created
   17  to read:
   18         916.1065 Confidentiality of forensic behavioral health
   19  evaluations:
   20         (1) A forensic behavioral health evaluation filed with the
   21  court under this chapter is confidential and exempt from the
   22  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   23  Constitution.
   24         (2) As used in this section, the term “forensic behavioral
   25  health evaluation” means any record, including supporting
   26  documentation, derived from a competency, substance abuse,
   27  psychosexual, psychological, psychiatric, psychosocial,
   28  cognitive impairment, sanity, or other mental health evaluation
   29  of an individual.
   30         (3) As provided by law, if the evaluation becomes part of a
   31  clinical record, the evaluation may be released as provided in
   32  s. 916.107(8).
   33         (4) This section is subject to the Open Government Sunset
   34  Review Act in accordance with s. 119.15 and shall stand repealed
   35  on October 2, 2018, unless reviewed and saved from repeal
   36  through reenactment by the Legislature.
   37         Section 2. The Legislature finds that it is a public
   38  necessity that forensic behavioral health evaluations filed with
   39  the court pursuant to chapter 916, Florida Statutes, be
   40  confidential and exempt from disclosure under public records
   41  requirements. The personal health of an individual and the
   42  treatment he or she receives is an intensely private matter. An
   43  individual’s forensic behavioral health evaluation should not be
   44  made public merely because it is filed with the court.
   45  Protecting forensic behavioral health evaluations is necessary
   46  to consistently protect the health care privacy rights of all
   47  persons. This exemption applies during all judicial proceedings
   48  unless such records are released as provided by law. This
   49  exemption is limited and no broader than necessary to accomplish
   50  the stated purpose.
   51         Section 3. This act shall take effect upon becoming a law.