Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 886
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/13/2017           .                                

       The Committee on Children, Families, and Elder Affairs (Powell)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 397.6760, Florida Statutes, is created
    6  to read:
    7         397.6760 Court records; confidentiality.—
    8         (1) All petitions for involuntary assessment and
    9  stabilization, court orders, and related records that are filed
   10  with or by a court under this part are confidential and exempt
   11  from s. 119.071(1) and s. 24(a), Art. I of the State
   12  Constitution. Pleadings and other documents made confidential
   13  and exempt by this section may be disclosed by the clerk of the
   14  court, upon request, to any of the following:
   15         (a) The petitioner.
   16         (b) The petitioner’s attorney.
   17         (c) The respondent.
   18         (d) The respondent’s attorney.
   19         (e) The respondent’s guardian or guardian advocate, if
   20  applicable.
   21         (f) In the case of a minor respondent, the respondent’s
   22  parent, guardian, legal custodian, or guardian advocate.
   23         (g) The respondent’s treating health care practitioner.
   24         (h) The respondent’s health care surrogate or proxy.
   25         (i) The Department of Corrections, without charge and upon
   26  request if the respondent is committed or is to be returned to
   27  the custody of the Department of Corrections from the Department
   28  of Children and Families.
   29         (j) A person or entity authorized to view records upon a
   30  court order for good cause. In determining if there is good
   31  cause for the disclosure of records, the court must weigh the
   32  person or entity’s need for the information against potential
   33  harm to the respondent from the disclosure.
   34         (2) This section does not preclude the clerk of the court
   35  from submitting the information required by s. 790.065 to the
   36  Department of Law Enforcement.
   37         (3) The clerk of the court may not publish personal
   38  identifying information on a court docket or in a publicly
   39  accessible file.
   40         (4) A person or entity receiving information pursuant to
   41  this section shall maintain such information as confidential and
   42  exempt from s. 119.07(1).
   43         (5) The exemption under this section applies to all
   44  documents filed with a court before, on, or after July 1, 2017.
   45         (6) This section is subject to the Open Government Sunset
   46  Review Act in accordance with s. 119.15 and shall stand repealed
   47  on October 2, 2022, unless reviewed and saved from repeal
   48  through reenactment by the Legislature.
   49         Section 2. The Legislature finds that it is a public
   50  necessity that petitions for involuntary assessment and
   51  stabilization and related court orders and records that are
   52  filed with or by a court under part V of chapter 397, Florida
   53  Statutes, and the personal identifying information of a
   54  substance abuse impaired person which is published on a court
   55  docket and maintained by the clerk of the court under part V of
   56  chapter 397, Florida Statutes, be made confidential and exempt
   57  from disclosure under s. 119.07(1), Florida Statutes, and s.
   58  24(a), Article I of the State Constitution. A person’s health
   59  and sensitive, personal information regarding his or her actual
   60  or alleged substance abuse impairment are intensely private
   61  matters. The media have obtained, and published information
   62  from, such records without the affected person’s consent. The
   63  content of such records or personal identifying information
   64  should not be made public merely because they are filed with or
   65  by a court or placed on a docket. Making such petitions, orders,
   66  records, and identifying information confidential and exempt
   67  from disclosure will protect such persons from the release of
   68  sensitive, personal information which could damage their and
   69  their families’ reputations. The publication of personal
   70  identifying information on a physical or virtual docket,
   71  regardless of whether any other record is published, defeats the
   72  purpose of protections otherwise provided. Further, the
   73  knowledge that such sensitive, personal information is subject
   74  to disclosure could have a chilling effect on a person’s
   75  willingness to seek out and comply with substance abuse
   76  treatment services.
   77         Section 3. This act shall take effect July 1, 2017.
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete everything before the enacting clause
   82  and insert:
   83                        A bill to be entitled                      
   84         An act relating to public records; creating s.
   85         397.6760, F.S.; providing an exemption from public
   86         records requirements for petitions for involuntary
   87         assessment and stabilization, court orders, related
   88         records, and personal identifying information
   89         regarding substance abuse impaired persons; providing
   90         exceptions authorizing the release of such petitions,
   91         orders, records, and identifying information to
   92         certain persons and entities; providing applicability;
   93         prohibiting a clerk of court from publishing personal
   94         identifying information on a court docket or in a
   95         publicly accessible file; providing for retroactive
   96         application; providing for future legislative review
   97         and repeal of the exemption; providing a statement of
   98         public necessity; providing an effective date.