Florida Senate - 2016 SB 1280
By Senator Ring
29-01405A-16 20161280__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 394.4615, F.S.; providing exemptions from public
4 records requirements for all personal identifying
5 information of an individual for whom a petition or
6 order is filed under The Baker Act; requiring the
7 clerk of courts to allow access to such petition or
8 order to specified persons upon request or by court
9 order; providing for future legislative review and
10 repeal of the exemption; amending s. 394.463, F.S.;
11 providing exemptions from public records requirements
12 for the petition and any ex parte orders for
13 involuntary examination; requiring the clerk of courts
14 to allow access to the petition to specified persons
15 upon request or by court order; providing for future
16 legislative review and repeal of the exemption;
17 amending ss. 394.4655 and 394.467, F.S.; providing
18 exemptions from public records requirements for
19 petitions and court orders for involuntary outpatient
20 or inpatient placement; requiring the clerk of courts
21 to allow access to the petition or order for
22 involuntary placement to specified persons upon
23 request or by court order; prohibiting the clerk from
24 posting personal identifying information in specified
25 places; providing for future legislative review and
26 repeal of the exemptions; providing a statement of
27 public necessity; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Subsection (12) is added to section 394.4615,
32 Florida Statutes, to read:
33 394.4615 Clinical records; confidentiality.—
34 (12) All personal identifying information about an
35 individual for whom a petition is filed or order entered by a
36 judge pursuant to part I of chapter 394, and filed with the
37 clerk of the court is confidential and exempt from s. 119.07(1)
38 and s. 24(a), Art. I of the State Constitution. A petition or an
39 order made confidential and exempt by this subsection shall be
40 disclosed by the clerk of the court, upon request, to a judge of
41 the circuit, the respondent, a guardian, a health care surrogate
42 or proxy, an attorney of record for the respondent, and to any
43 other person as directed by order of the court. The clerk of the
44 court may not post any personal identifying information on the
45 docket or in publicly accessible files. This subsection is
46 subject to the Open Government Sunset Review Act in accordance
47 with s. 119.15 and shall stand repealed on October 2, 2021,
48 unless reviewed and saved from repeal through reenactment by the
49 Legislature.
50 Section 2. Paragraph (a) of subsection (2) of section
51 394.463, Florida Statutes, is amended to read:
52 394.463 Involuntary examination.—
53 (2) INVOLUNTARY EXAMINATION.—
54 (a) An involuntary examination may be initiated by any one
55 of the following means:
56 1.a. A court may enter an ex parte order stating that a
57 person appears to meet the criteria for involuntary examination,
58 giving the findings on which that conclusion is based. The ex
59 parte order for involuntary examination must be based on sworn
60 testimony, written or oral. If other less restrictive means are
61 not available, such as voluntary appearance for outpatient
62 evaluation, a law enforcement officer, or other designated agent
63 of the court, shall take the person into custody and deliver him
64 or her to the nearest receiving facility for involuntary
65 examination. The order of the court shall be made a part of the
66 patient’s clinical record. No fee shall be charged for the
67 filing of an order under this subsection. Any receiving facility
68 accepting the patient based on this order must send a copy of
69 the order to the Agency for Health Care Administration on the
70 next working day. The order shall be valid only until executed
71 or, if not executed, for the period specified in the order
72 itself. If no time limit is specified in the order, the order
73 shall be valid for 7 days after the date that the order was
74 signed.
75 b. The petition and any ex parte order entered by the court
76 under this subparagraph are confidential and exempt from s.
77 119.07(1) and s. 24(a), Art. I of the State Constitution. A
78 petition made confidential and exempt by this sub-subparagraph
79 shall be disclosed by the clerk of the court, upon request, to a
80 judge of the circuit, the respondent, a guardian, a health care
81 surrogate or proxy, an attorney of record for the respondent,
82 and to any other person as directed by order of the court. This
83 sub-subparagraph is subject to the Open Government Sunset Review
84 Act in accordance with s. 119.15 and shall stand repealed on
85 October 2, 2021, unless reviewed and saved from repeal through
86 reenactment by the Legislature.
87 2. A law enforcement officer shall take a person who
88 appears to meet the criteria for involuntary examination into
89 custody and deliver the person or have him or her delivered to
90 the nearest receiving facility for examination. The officer
91 shall execute a written report detailing the circumstances under
92 which the person was taken into custody, and the report shall be
93 made a part of the patient’s clinical record. Any receiving
94 facility accepting the patient based on this report must send a
95 copy of the report to the Agency for Health Care Administration
96 on the next working day.
97 3. A physician, clinical psychologist, psychiatric nurse,
98 mental health counselor, marriage and family therapist, or
99 clinical social worker may execute a certificate stating that he
100 or she has examined a person within the preceding 48 hours and
101 finds that the person appears to meet the criteria for
102 involuntary examination and stating the observations upon which
103 that conclusion is based. If other less restrictive means are
104 not available, such as voluntary appearance for outpatient
105 evaluation, a law enforcement officer shall take the person
106 named in the certificate into custody and deliver him or her to
107 the nearest receiving facility for involuntary examination. The
108 law enforcement officer shall execute a written report detailing
109 the circumstances under which the person was taken into custody.
110 The report and certificate shall be made a part of the patient’s
111 clinical record. Any receiving facility accepting the patient
112 based on this certificate must send a copy of the certificate to
113 the Agency for Health Care Administration on the next working
114 day.
115 Section 3. Paragraph (d) is added to subsection (3) of
116 section 394.4655, Florida Statutes, to read:
117 394.4655 Involuntary outpatient placement.—
118 (3) PETITION FOR INVOLUNTARY OUTPATIENT PLACEMENT.—
119 (d) The petition and any order entered by the court are
120 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
121 of the State Constitution. A petition made confidential and
122 exempt by this paragraph shall be disclosed by the clerk of the
123 court, upon request, to a judge of the circuit, the respondent,
124 a guardian, a health care surrogate or proxy, an attorney of
125 record for the respondent, and to any other person as directed
126 by order of the court. The clerk of the court may not post any
127 personal identifying information on the docket or in publicly
128 accessible files. This paragraph is subject to the Open
129 Government Sunset Review Act in accordance with s. 119.15 and
130 shall stand repealed on October 2, 2021, unless reviewed and
131 saved from repeal through reenactment by the Legislature.
132 Section 4. Subsection (3) of section 394.467, Florida
133 Statutes, is amended to read:
134 394.467 Involuntary inpatient placement.—
135 (3) PETITION FOR INVOLUNTARY INPATIENT PLACEMENT.—
136 (a) The administrator of the facility shall file a petition
137 for involuntary inpatient placement in the court in the county
138 where the patient is located. Upon filing, the clerk of the
139 court shall provide copies to the department, the patient, the
140 patient’s guardian or representative, and the state attorney and
141 public defender of the judicial circuit in which the patient is
142 located. No fee shall be charged for the filing of a petition
143 under this subsection.
144 (b) The petition and any order entered by the court is
145 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
146 of the State Constitution. A petition made confidential and
147 exempt by this paragraph shall be disclosed by the clerk of the
148 court, upon request, to a judge of the circuit, the respondent,
149 a guardian, a health care surrogate or proxy, an attorney of
150 record for the respondent, and to any other person as directed
151 by order of the court. The clerk of the court may not post any
152 personal identifying information on the docket or in publicly
153 accessible files. This paragraph is subject to the Open
154 Government Sunset Review Act in accordance with s. 119.15 and
155 shall stand repealed on October 2, 2021, unless reviewed and
156 saved from repeal through reenactment by the Legislature.
157 Section 5. The Legislature finds that it is a public
158 necessity to exempt from s. 119.07(1), Florida Statutes, and s.
159 24(a), Article I of the State Constitution all personal
160 identifying information about an individual for whom a petition
161 is filed or an order entered by a judge pursuant to part I of
162 chapter 394, Florida Statutes, which is contained in such
163 petitions or orders or dockets concerning them, whether initial,
164 amended, or supplementary, in order to preserve the privacy of
165 the person by preserving the privacy of information in the
166 petition or order or docket that would otherwise be accessible
167 to the public. The Legislature finds that the public disclosure
168 of such information in the petition or order or docket would
169 produce undue harm to an individual alleged to have a mental
170 illness.
171 Section 6. This act shall take effect July 1, 2016.