HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 1 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records and meetings; 2
amending ss. 394.464 and 397.6760, F.S.; specifying 3
that all hearings relating to mental health and 4
substance abuse, respectively, are confidential and 5
closed to the public; providing exceptions; exempting 6
certain information from public records requirements; 7
expanding a public records exemption to include 8
certain petitions and applications; authorizing 9
disclosure of certain confidential and exempt 10
documents to certain service providers; authorizing 11
courts to use a respondent's name for certain 12
purposes; revising applicability to include certain 13
appeals; revising the date for future legislative 14
review and repeal of the exemption; providing public 15
necessity statements; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 394.464, Florida Statutes, is amended 20
to read: 21
394.464 Court proceedings and records; confidentiality.— 22
(1) Absent a judicial finding of good cause or the 23
respondent's consent, all hearings under this part are 24
confidential and closed to the public. 25
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(a)(1) The respondent's name, at trial and on appeal, 26
and all petitions or applications for voluntary and involuntary 27
admission for mental health examination or treatment, court 28
orders, and related records that are filed with or by a court 29
under this part are confidential and exempt from s. 119.07(1) 30
and s. 24(a), Art. I of the State Con stitution. Pleadings and 31
other documents made confidential and exempt by this section may 32
be disclosed by the clerk of the court, upon request, to any of 33
the following: 34
1.(a) The petitioner. 35
2.(b) The petitioner's attorney. 36
3.(c) The respondent. 37
4.(d) The respondent's attorney. 38
5.(e) The respondent's guardian or guardian advocate, if 39
applicable. 40
6.(f) In the case of a minor respondent, the respondent's 41
parent, guardian, legal custodian, or guardian advocate. 42
7.(g) The respondent's treating hea lth care practitioner 43
and service provider . 44
8.(h) The respondent's health care surrogate or proxy. 45
9.(i) The Department of Children and Families, without 46
charge. 47
10.(j) The Department of Corrections, without charge, if 48
the respondent is committed or is to be returned to the custody 49
of the Department of Corrections from the Department of Children 50
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 3 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and Families. 51
11.(k) A person or entity authorized to view records upon 52
a court order for good cause. In determining if there is good 53
cause for the disclosure of records, the court must weigh the 54
person or entity's need for the information against potential 55
harm to the respondent from the disclosure. 56
(b)(2) This subsection section does not preclude the clerk 57
of the court from submitting the information required by s. 58
790.065 to the Department of Law Enforcement. 59
(c)(3) The clerk of the court may not publish personal 60
identifying information on a court docket or in a publicly 61
accessible file, but the court may use a respondent's name to 62
schedule and adjudicate cases, which includes the transmission 63
of any court order to the parties or the service provider . 64
(d)(4) A person or entity receiving information pursuant 65
to this subsection section shall maintain that information as 66
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 67
of the State Constitution. 68
(e)(5) The exemption under this subsection section applies 69
to all documents filed with a court before, on, or after July 1, 70
2019, and appeals pending or filed on or after July 1, 2024 . 71
(f)(6) This subsection section is subject to the Open 72
Government Sunset Review Act in accordance with s. 119.15 and 73
shall stand repealed on October 2, 2029 2024, unless reviewed 74
and saved from repeal through reenactment by the Legislature. 75
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 4 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Section 397.6760, Florida Statutes, is amended 76
to read: 77
397.6760 Court proceedings and records; confidentiality. — 78
(1) Absent a judicial finding of good cause or the 79
respondent's consent, all hearings under this part or part IV 80
are confidential and closed to the public. 81
(2)(a) The respondent's name, at trial and on appeal, and 82
all petitions or applications for voluntary and involuntary 83
substance abuse treatment or assessment and stabilization, court 84
orders, and related records that are filed with or by a court 85
under this part or part IV are confidential and exempt from s. 86
119.07(1) and s. 24(a), Art. I of the State Constitution. 87
Pleadings and other documents made confidential and e xempt by 88
this section may be disclosed by the clerk of the court, upon 89
request, to any of the following: 90
1.(a) The petitioner. 91
2.(b) The petitioner's attorney. 92
3.(c) The respondent. 93
4.(d) The respondent's attorney. 94
5.(e) The respondent's guardian or guardian advocate, if 95
applicable. 96
6.(f) In the case of a minor respondent, the respondent's 97
parent, guardian, legal custodian, or guardian advocate. 98
7.(g) The respondent's treating health care practitioner 99
and service provider . 100
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 5 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
8.(h) The respondent's health care surrogate or proxy. 101
9.(i) The Department of Children and Families, without 102
charge. 103
10.(j) The Department of Corrections, without charge, if 104
the respondent is committed or is to be returned to the custody 105
of the Department of Correction s from the Department of Children 106
and Families. 107
11.(k) A person or entity authorized to view records upon 108
a court order for good cause. In determining if there is good 109
cause for the disclosure of records, the court must weigh the 110
person or entity's need for the information against potential 111
harm to the respondent from the disclosure. 112
(b)(2) This subsection section does not preclude the clerk 113
of the court from submitting the information required by s. 114
790.065 to the Department of Law Enforcement. 115
(c)(3) The clerk of the court may not publish personal 116
identifying information on a court docket or in a publicly 117
accessible file, but the court may use a respondent's name to 118
schedule and adjudicate cases, which includes the transmission 119
of any court order to the parties or the service provider . 120
(d)(4) A person or entity receiving information pursuant 121
to this subsection section shall maintain that information as 122
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 123
of the State Constitution. 124
(e)(5) The exemption under this subsection section applies 125
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 6 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to all documents filed with a court before, on, or after July 1, 126
2017, and appeals pending or filed on or after July 1, 2024 . 127
(f) This subsection is subject to the Open Government 128
Sunset Review Act in accordance with s. 119.15 and shall stand 129
repealed on October 2, 2029, unless reviewed and saved from 130
repeal through reenactment by the Legislature. 131
Section 3. (1) The Legislature finds that it is a public 132
necessity that court hearings under part I of chapter 394 and 133
parts IV and V of chapter 397, Florida Statutes, be made 134
confidential and closed to the public unless the court finds 135
good cause to open a hearing to the public or the respondent 136
consents to a hearing being open to the public. The mental 137
health or substance abuse impairments of a person are medical 138
conditions that should be protected from public disclosure. A 139
person's health and sensitive personal information regarding his 140
or her mental health or substance abuse impairment are intensely 141
private matters. Making hearings where such impairments, 142
conditions, and personal information may be communicated as 143
confidential and closed to the public will protect such persons 144
from the release of sensitive personal information that could 145
damage their and their families' reputations. Allowing public 146
hearings relating to such information defeats the purpose of 147
protections otherwise provided. Further, the knowledge that such 148
sensitive personal information is subject to disclosure could 149
have a chilling effect on a person's willingness to seek out and 150
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 7 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
comply with mental health or substance abuse treatment services. 151
(2) The Legislature finds that it is a public necessity 152
that voluntary applications or petitions for involuntary 153
examination or treatment, court orders, and related records that 154
are filed with or by a court or relevant service provider under 155
part I of chapter 394 and parts IV and V of chapter 397, Florida 156
Statutes, respectively, and the personal identifying information 157
of a person with a potential mental, emotional, or behavioral 158
disorder or a substance abuse disorder which is published on a 159
court docket and maintained by the clerk of the court under part 160
I of chapter 394 and parts IV and V of chapter 397, Florida 161
Statutes, or with the relevant service provider be made 162
confidential and exempt from disclosure under s. 119.07(1), 163
Florida Statutes, and s. 24(a ), Article I of the State 164
Constitution. The mental health or substance abuse impairments 165
of a person are medical conditions that should be protected from 166
public disclosure. A person's health and sensitive personal 167
information regarding his or her mental he alth or substance 168
abuse impairment are intensely private matters. Making such 169
applications, petitions, orders, records, and personal 170
identifying information confidential and exempt from disclosure 171
will protect such persons from the release of sensitive per sonal 172
information that could damage their and their families' 173
reputations. The publication of personal identifying information 174
on a physical or virtual docket, regardless of whether any other 175
HB 7023 2024
CODING: Words stricken are deletions; words underlined are additions.
hb7023-00
Page 8 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
record is published, defeats the purpose of protections 176
otherwise provided. Further, the knowledge that such sensitive 177
personal information is subject to disclosure could have a 178
chilling effect on a person's willingness to seek out and comply 179
with mental health or substance abuse treatment services. 180
Section 4. This act shall take effect July 1, 2024. 181