Florida Senate - 2019 (PROPOSED BILL) SPB 7010
FOR CONSIDERATION By the Committee on Judiciary
590-00947-19 20197010pb
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 397.334, F.S., relating
4 to an exemption from public records requirements for
5 certain information relating to screenings for
6 participation in treatment-based drug court programs
7 and subsequent treatment status reports; removing the
8 scheduled repeal of the exemption; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (10) of section 397.334, Florida
14 Statutes, is amended to read:
15 397.334 Treatment-based drug court programs.—
16 (10)(a) Information relating to a participant or a person
17 considered for participation in a treatment-based drug court
18 program which is contained in the following records is
19 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
20 of the State Constitution:
21 1. Records created or compiled during screenings for
22 participation in the program.
23 2. Records created or compiled during substance abuse
24 screenings.
25 3. Behavioral health evaluations.
26 4. Subsequent treatment status reports.
27 (b) Such confidential and exempt information may be
28 disclosed:
29 1. Pursuant to a written request of the participant or
30 person considered for participation, or his or her legal
31 representative.
32 2. To another governmental entity in the furtherance of its
33 responsibilities associated with the screening of a person
34 considered for participation in or the provision of treatment to
35 a person in a treatment-based drug court program.
36 (c) Records of a service provider which pertain to the
37 identity, diagnosis, and prognosis of or provision of service to
38 any person shall be disclosed pursuant to s. 397.501(7).
39 (d) This exemption applies to such information described in
40 paragraph (a) relating to a participant or a person considered
41 for participation in a treatment-based drug court program
42 before, on, or after the effective date of this exemption.
43 (e) This subsection is subject to the Open Government
44 Sunset Review Act in accordance with s. 119.15 and shall stand
45 repealed on October 2, 2019, unless reviewed and saved from
46 repeal through reenactment by the Legislature.
47 Section 2. This act shall take effect October 1, 2019.