Florida Senate - 2014                              CS for SB 280
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Garcia
       
       
       
       
       585-03260-14                                           2014280c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         397.334, F.S.; exempting from public records
    4         requirements information from the screenings for
    5         participation in a treatment-based drug court program,
    6         substance abuse screenings, behavioral health
    7         evaluations, and subsequent treatment status reports
    8         regarding a participant or a person considered for
    9         participation in a treatment-based program; providing
   10         for exceptions to the exemption; providing for
   11         retroactive application of the public record
   12         exemption; providing for future repeal and legislative
   13         review of the exemption under the Open Government
   14         Sunset Review Act; providing a statement of public
   15         necessity; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (10) is added to section 397.334,
   20  Florida Statutes, to read:
   21         397.334 Treatment-based drug court programs.—
   22         (10)(a) Information relating to a participant or a person
   23  considered for participation in a treatment-based drug court
   24  program which is contained in the following records is
   25  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   26  of the State Constitution:
   27         1. Records created or compiled during screenings for
   28  participation in the program.
   29         2. Records created or compiled during substance abuse
   30  screenings.
   31         3. Behavioral health evaluations.
   32         4. Subsequent treatment status reports.
   33         (b) Such confidential and exempt information may be
   34  disclosed:
   35         1. Pursuant to a written request of the participant or
   36  person considered for participation, or his or her legal
   37  representative.
   38         2. To another governmental entity in the furtherance of its
   39  responsibilities associated with the screening of or providing
   40  treatment to a person in a treatment-based drug court program.
   41         (c) Records of a service provider which pertain to the
   42  identity, diagnosis, and prognosis of or provision of service to
   43  any person shall be disclosed pursuant to s. 397.501(7).
   44         (d) This exemption applies to such information described in
   45  paragraph (a) relating to a participant or a person considered
   46  for participation in a treatment-based drug court program
   47  before, on, or after the effective date of this exemption.
   48         (e) This subsection is subject to the Open Government
   49  Sunset Review Act in accordance with s. 119.15 and shall stand
   50  repealed on October 2, 2019, unless reviewed and saved from
   51  repeal through reenactment by the Legislature.
   52         Section 2. The Legislature finds that it is a public
   53  necessity that information relating to a participant or person
   54  considered for participation in a treatment-based drug court
   55  program under s. 397.334, Florida Statutes, which is contained
   56  in certain records be made confidential and exempt from s.
   57  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   58  State Constitution. Protecting information contained in records
   59  created or compiled during screenings for participation in a
   60  treatment-based drug court program, records created or compiled
   61  during substance abuse screenings, behavioral health
   62  evaluations, and subsequent treatment status reports is
   63  necessary to protect the privacy rights of participants or
   64  individuals considered for participation in treatment-based drug
   65  court programs. Protecting against the release of information
   66  that is sensitive and personal in nature prevents unwarranted
   67  damage to the reputation of treatment-based drug court program
   68  participants. Public disclosure of such information could result
   69  in a substantial chilling effect on participation in treatment
   70  based drug court programs. Preventing such chilling effect by
   71  making this information confidential substantially outweighs any
   72  public benefit derived from public disclosure of such
   73  information. Accordingly, it is a public necessity that this
   74  information be made confidential to protect the privacy rights
   75  of program participants, encourage individuals to participate in
   76  such programs, and promote the effective and efficient
   77  administration of treatment-based drug court programs.
   78         Section 3. This act shall take effect upon becoming a law.