Florida Senate - 2022 (PROPOSED BILL) SPB 7008 FOR CONSIDERATION By the Committee on Children, Families, and Elder Affairs 586-00942-22 20227008pb 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 397.6760, F.S., 4 relating to an exemption from public records 5 requirements for involuntary assessment and 6 stabilization, court orders, related records, and 7 personal identifying information regarding substance 8 abuse impaired persons; removing the scheduled repeal 9 date of the exemption; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 397.6760, Florida Statutes, is amended 14 to read: 15 397.6760 Court records; confidentiality.— 16 (1) All petitions for involuntary assessment and 17 stabilization, court orders, and related records that are filed 18 with or by a court under this part are confidential and exempt 19 from s. 119.07(1) and s. 24(a), Art. I of the State 20 Constitution. Pleadings and other documents made confidential 21 and exempt by this section may be disclosed by the clerk of the 22 court, upon request, to any of the following: 23 (a) The petitioner. 24 (b) The petitioner’s attorney. 25 (c) The respondent. 26 (d) The respondent’s attorney. 27 (e) The respondent’s guardian or guardian advocate, if 28 applicable. 29 (f) In the case of a minor respondent, the respondent’s 30 parent, guardian, legal custodian, or guardian advocate. 31 (g) The respondent’s treating health care practitioner. 32 (h) The respondent’s health care surrogate or proxy. 33 (i) The Department of Children and Families, without 34 charge. 35 (j) The Department of Corrections, without charge, if the 36 respondent is committed or is to be returned to the custody of 37 the Department of Corrections from the Department of Children 38 and Families. 39 (k) A person or entity authorized to view records upon a 40 court order for good cause. In determining if there is good 41 cause for the disclosure of records, the court must weigh the 42 person or entity’s need for the information against potential 43 harm to the respondent from the disclosure. 44 (2) This section does not preclude the clerk of the court 45 from submitting the information required by s. 790.065 to the 46 Department of Law Enforcement. 47 (3) The clerk of the court may not publish personal 48 identifying information on a court docket or in a publicly 49 accessible file. 50 (4) A person or entity receiving information pursuant to 51 this section shall maintain that information as confidential and 52 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 53 Constitution. 54 (5) The exemption under this section applies to all 55 documents filed with a court before, on, or after July 1, 2017. 56
(6) This section is subject to the Open Government Sunset57 Review Act in accordance with s. 119.15 and shall stand repealed58 on October 2, 2022, unless reviewed and saved from repeal59 through reenactment by the Legislature.60 Section 2. This act shall take effect October 1, 2022.