FL
Florida House Bill H7023

Florida 2024 Regular Session

Florida House Bill H7023 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to public records and meetings; 2
1616 amending ss. 394.464 and 397.6760, F.S.; specifying 3
1717 that all hearings relating to mental health and 4
1818 substance abuse, respectively, are confidential and 5
1919 closed to the public; providing exceptions; exempting 6
2020 certain information from public records requirements; 7
2121 expanding a public records exemption to include 8
2222 certain petitions and applications; authorizing 9
2323 disclosure of certain confidential and exempt 10
2424 documents to certain service providers; authorizing 11
2525 courts to use a respondent's name for certain 12
2626 purposes; revising applicability to include certain 13
2727 appeals; revising the date for future legislative 14
2828 review and repeal of the exemption; providing public 15
29-necessity statements; providing a contingent effective 16
30-date. 17
31- 18
32-Be It Enacted by the Legislature of the State of Florida: 19
33- 20
34- Section 1. Section 394.464, Florida Statutes, is amended 21
35-to read: 22
36- 394.464 Court proceedings and records; confidentiality. — 23
37- (1) Absent a judicial finding of good cause or the 24
38-respondent's consent, all hearings under this part are 25
29+necessity statements; providing an effective date. 16
30+ 17
31+Be It Enacted by the Legislature of the State of Florida: 18
32+ 19
33+ Section 1. Section 394.464, Florida Statutes, is amended 20
34+to read: 21
35+ 394.464 Court proceedings and records; confidentiality.— 22
36+ (1) Absent a judicial finding of good cause or the 23
37+respondent's consent, all hearings under this part are 24
38+confidential and closed to the public. 25
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4747 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
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51-confidential and closed to the public. 26
52- (2)(a)(1) The respondent's name, at trial and on appeal, 27
53-and all petitions or applications for voluntary and involuntary 28
54-admission for mental health examination or treatment, court 29
55-orders, and related records that are filed with or by a court 30
56-under this part are confidential and exempt from s. 119.07(1) 31
57-and s. 24(a), Art. I of the State Constitution. Pleadings and 32
58-other documents made confidential and exempt by this section may 33
59-be disclosed by the clerk of the court, upon request, to any of 34
60-the following: 35
61- 1.(a) The petitioner. 36
62- 2.(b) The petitioner's attorney. 37
63- 3.(c) The respondent. 38
64- 4.(d) The respondent's attorney. 39
65- 5.(e) The respondent's guardian or guardian advocate, if 40
66-applicable. 41
67- 6.(f) In the case of a minor respondent, the respondent's 42
68-parent, guardian, legal custodian, or guardian advocate. 43
69- 7.(g) The respondent's treating health care practitioner 44
70-and service provider . 45
71- 8.(h) The respondent's health care surrogate or proxy. 46
72- 9.(i) The Department of Children and Families, without 47
73-charge. 48
74- 10.(j) The Department of Corrections, without charge, if 49
75-the respondent is committed or is to be returned to the custody 50
51+ (2)(a)(1) The respondent's name, at trial and on appeal, 26
52+and all petitions or applications for voluntary and involuntary 27
53+admission for mental health examination or treatment, court 28
54+orders, and related records that are filed with or by a court 29
55+under this part are confidential and exempt from s. 119.07(1) 30
56+and s. 24(a), Art. I of the State Con stitution. Pleadings and 31
57+other documents made confidential and exempt by this section may 32
58+be disclosed by the clerk of the court, upon request, to any of 33
59+the following: 34
60+ 1.(a) The petitioner. 35
61+ 2.(b) The petitioner's attorney. 36
62+ 3.(c) The respondent. 37
63+ 4.(d) The respondent's attorney. 38
64+ 5.(e) The respondent's guardian or guardian advocate, if 39
65+applicable. 40
66+ 6.(f) In the case of a minor respondent, the respondent's 41
67+parent, guardian, legal custodian, or guardian advocate. 42
68+ 7.(g) The respondent's treating hea lth care practitioner 43
69+and service provider . 44
70+ 8.(h) The respondent's health care surrogate or proxy. 45
71+ 9.(i) The Department of Children and Families, without 46
72+charge. 47
73+ 10.(j) The Department of Corrections, without charge, if 48
74+the respondent is committed or is to be returned to the custody 49
75+of the Department of Corrections from the Department of Children 50
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8484 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
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88-of the Department of Corrections from the Department of Children 51
89-and Families. 52
90- 11.(k) A person or entity authorized to view records upon 53
91-a court order for good cause. In determining if there is good 54
92-cause for the disclosure of records, the court must weigh the 55
93-person or entity's need for the information against potential 56
94-harm to the respondent from the disclosure. 57
95- (b)(2) This subsection section does not preclude the clerk 58
96-of the court from submitting the information required by s. 59
97-790.065 to the Department of Law Enforcement. 60
98- (c)(3) The clerk of the court may not publish personal 61
99-identifying information on a court docket or in a publicly 62
100-accessible file, but the court may use a respondent's name to 63
101-schedule and adjudicate cases, which includes the transmission 64
102-of any court order to the parties or the service provider . 65
103- (d)(4) A person or entity receiving information pursuant 66
104-to this subsection section shall maintain that information as 67
105-confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 68
106-of the State Constitution. 69
107- (e)(5) The exemption under this subsection section applies 70
108-to all documents filed with a court before, on, or after July 1, 71
109-2019, and appeals pending or filed on or after July 1, 2024 . 72
110- (f)(6) This subsection section is subject to the Open 73
111-Government Sunset Review Act in accordance with s. 119.15 and 74
112-shall stand repealed on October 2, 2029 2024, unless reviewed 75
88+and Families. 51
89+ 11.(k) A person or entity authorized to view records upon 52
90+a court order for good cause. In determining if there is good 53
91+cause for the disclosure of records, the court must weigh the 54
92+person or entity's need for the information against potential 55
93+harm to the respondent from the disclosure. 56
94+ (b)(2) This subsection section does not preclude the clerk 57
95+of the court from submitting the information required by s. 58
96+790.065 to the Department of Law Enforcement. 59
97+ (c)(3) The clerk of the court may not publish personal 60
98+identifying information on a court docket or in a publicly 61
99+accessible file, but the court may use a respondent's name to 62
100+schedule and adjudicate cases, which includes the transmission 63
101+of any court order to the parties or the service provider . 64
102+ (d)(4) A person or entity receiving information pursuant 65
103+to this subsection section shall maintain that information as 66
104+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 67
105+of the State Constitution. 68
106+ (e)(5) The exemption under this subsection section applies 69
107+to all documents filed with a court before, on, or after July 1, 70
108+2019, and appeals pending or filed on or after July 1, 2024 . 71
109+ (f)(6) This subsection section is subject to the Open 72
110+Government Sunset Review Act in accordance with s. 119.15 and 73
111+shall stand repealed on October 2, 2029 2024, unless reviewed 74
112+and saved from repeal through reenactment by the Legislature. 75
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121121 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
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125-and saved from repeal through reenactment by the Legislature. 76
126- Section 2. Section 397.6760, Florida Statutes, is amended 77
127-to read: 78
128- 397.6760 Court proceedings and records; confidentiality. — 79
129- (1) Absent a judicial finding of good cause or the 80
130-respondent's consent, all hearings under this part or part IV 81
131-are confidential and closed to the public. 82
132- (2)(a) The respondent's name, at trial and on appeal, and 83
133-all petitions or applications for voluntary and involuntary 84
134-substance abuse treatment or assessment and stabilization, court 85
135-orders, and related records that are filed with or by a court 86
136-under this part or part IV are confidential and exempt from s. 87
137-119.07(1) and s. 24(a), Art. I of the State Constitution. 88
138-Pleadings and other documents made confidential and e xempt by 89
139-this section may be disclosed by the clerk of the court, upon 90
140-request, to any of the following: 91
141- 1.(a) The petitioner. 92
142- 2.(b) The petitioner's attorney. 93
143- 3.(c) The respondent. 94
144- 4.(d) The respondent's attorney. 95
145- 5.(e) The respondent's guardian or guardian advocate, if 96
146-applicable. 97
147- 6.(f) In the case of a minor respondent, the respondent's 98
148-parent, guardian, legal custodian, or guardian advocate. 99
149- 7.(g) The respondent's treating health care practitioner 100
125+ Section 2. Section 397.6760, Florida Statutes, is amended 76
126+to read: 77
127+ 397.6760 Court proceedings and records; confidentiality. — 78
128+ (1) Absent a judicial finding of good cause or the 79
129+respondent's consent, all hearings under this part or part IV 80
130+are confidential and closed to the public. 81
131+ (2)(a) The respondent's name, at trial and on appeal, and 82
132+all petitions or applications for voluntary and involuntary 83
133+substance abuse treatment or assessment and stabilization, court 84
134+orders, and related records that are filed with or by a court 85
135+under this part or part IV are confidential and exempt from s. 86
136+119.07(1) and s. 24(a), Art. I of the State Constitution. 87
137+Pleadings and other documents made confidential and e xempt by 88
138+this section may be disclosed by the clerk of the court, upon 89
139+request, to any of the following: 90
140+ 1.(a) The petitioner. 91
141+ 2.(b) The petitioner's attorney. 92
142+ 3.(c) The respondent. 93
143+ 4.(d) The respondent's attorney. 94
144+ 5.(e) The respondent's guardian or guardian advocate, if 95
145+applicable. 96
146+ 6.(f) In the case of a minor respondent, the respondent's 97
147+parent, guardian, legal custodian, or guardian advocate. 98
148+ 7.(g) The respondent's treating health care practitioner 99
149+and service provider . 100
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158158 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
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162-and service provider . 101
163- 8.(h) The respondent's health care surrogate or proxy. 102
164- 9.(i) The Department of Children and Families, without 103
165-charge. 104
166- 10.(j) The Department of Corrections, without charge, if 105
167-the respondent is committed or is to be returned to the custody 106
168-of the Department of Correction s from the Department of Children 107
169-and Families. 108
170- 11.(k) A person or entity authorized to view records upon 109
171-a court order for good cause. In determining if there is good 110
172-cause for the disclosure of records, the court must weigh the 111
173-person or entity's need for the information against potential 112
174-harm to the respondent from the disclosure. 113
175- (b)(2) This subsection section does not preclude the clerk 114
176-of the court from submitting the information required by s. 115
177-790.065 to the Department of Law Enforcement. 116
178- (c)(3) The clerk of the court may not publish personal 117
179-identifying information on a court docket or in a publicly 118
180-accessible file, but the court may use a respondent's name to 119
181-schedule and adjudicate cases, which includes the transmission 120
182-of any court order to the parties or the service provider . 121
183- (d)(4) A person or entity receiving information pursuant 122
184-to this subsection section shall maintain that information as 123
185-confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 124
186-of the State Constitution. 125
162+ 8.(h) The respondent's health care surrogate or proxy. 101
163+ 9.(i) The Department of Children and Families, without 102
164+charge. 103
165+ 10.(j) The Department of Corrections, without charge, if 104
166+the respondent is committed or is to be returned to the custody 105
167+of the Department of Correction s from the Department of Children 106
168+and Families. 107
169+ 11.(k) A person or entity authorized to view records upon 108
170+a court order for good cause. In determining if there is good 109
171+cause for the disclosure of records, the court must weigh the 110
172+person or entity's need for the information against potential 111
173+harm to the respondent from the disclosure. 112
174+ (b)(2) This subsection section does not preclude the clerk 113
175+of the court from submitting the information required by s. 114
176+790.065 to the Department of Law Enforcement. 115
177+ (c)(3) The clerk of the court may not publish personal 116
178+identifying information on a court docket or in a publicly 117
179+accessible file, but the court may use a respondent's name to 118
180+schedule and adjudicate cases, which includes the transmission 119
181+of any court order to the parties or the service provider . 120
182+ (d)(4) A person or entity receiving information pursuant 121
183+to this subsection section shall maintain that information as 122
184+confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 123
185+of the State Constitution. 124
186+ (e)(5) The exemption under this subsection section applies 125
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195195 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
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199- (e)(5) The exemption under this subsection section applies 126
200-to all documents filed with a court before, on, or after July 1, 127
201-2017, and appeals pending or filed on or after July 1, 2024 . 128
202- (f) This subsection is subject to the Open Government 129
203-Sunset Review Act in accordance with s. 119.15 and shall stand 130
204-repealed on October 2, 2029, unless reviewed and saved from 131
205-repeal through reenactment by the Legislature. 132
206- Section 3. (1) The Legislature finds that it is a public 133
207-necessity that court hearings under part I of chapter 394 and 134
208-parts IV and V of chapter 397, Florida Statutes, be made 135
209-confidential and closed to the public unless the court finds 136
210-good cause to open a hearing to the public or the respondent 137
211-consents to a hearing being open to the public. The mental 138
212-health or substance abuse impairments of a person are medical 139
213-conditions that should be protected from public disclosure. A 140
214-person's health and sensitive personal in formation regarding his 141
215-or her mental health or substance abuse impairment are intensely 142
216-private matters. Making hearings where such impairments, 143
217-conditions, and personal information may be communicated as 144
218-confidential and closed to the public will protect such persons 145
219-from the release of sensitive personal information that could 146
220-damage their and their families' reputations. Allowing public 147
221-hearings relating to such information defeats the purpose of 148
222-protections otherwise provided. Further, the knowledge th at such 149
223-sensitive personal information is subject to disclosure could 150
199+to all documents filed with a court before, on, or after July 1, 126
200+2017, and appeals pending or filed on or after July 1, 2024 . 127
201+ (f) This subsection is subject to the Open Government 128
202+Sunset Review Act in accordance with s. 119.15 and shall stand 129
203+repealed on October 2, 2029, unless reviewed and saved from 130
204+repeal through reenactment by the Legislature. 131
205+ Section 3. (1) The Legislature finds that it is a public 132
206+necessity that court hearings under part I of chapter 394 and 133
207+parts IV and V of chapter 397, Florida Statutes, be made 134
208+confidential and closed to the public unless the court finds 135
209+good cause to open a hearing to the public or the respondent 136
210+consents to a hearing being open to the public. The mental 137
211+health or substance abuse impairments of a person are medical 138
212+conditions that should be protected from public disclosure. A 139
213+person's health and sensitive personal information regarding his 140
214+or her mental health or substance abuse impairment are intensely 141
215+private matters. Making hearings where such impairments, 142
216+conditions, and personal information may be communicated as 143
217+confidential and closed to the public will protect such persons 144
218+from the release of sensitive personal information that could 145
219+damage their and their families' reputations. Allowing public 146
220+hearings relating to such information defeats the purpose of 147
221+protections otherwise provided. Further, the knowledge that such 148
222+sensitive personal information is subject to disclosure could 149
223+have a chilling effect on a person's willingness to seek out and 150
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232232 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
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236-have a chilling effect on a person's willingness to seek out and 151
237-comply with mental health or substance abuse treatment services. 152
238- (2) The Legislature finds that it is a public necessit y 153
239-that voluntary applications or petitions for involuntary 154
240-examination or treatment, court orders, and related records that 155
241-are filed with or by a court or relevant service provider under 156
242-part I of chapter 394 and parts IV and V of chapter 397, Florida 157
243-Statutes, respectively, and the personal identifying information 158
244-of a person with a potential mental, emotional, or behavioral 159
245-disorder or a substance abuse disorder which is published on a 160
246-court docket and maintained by the clerk of the court under part 161
247-I of chapter 394 and parts IV and V of chapter 397, Florida 162
248-Statutes, or with the relevant service provider be made 163
249-confidential and exempt from disclosure under s. 119.07(1), 164
250-Florida Statutes, and s. 24(a), Article I of the State 165
251-Constitution. The mental heal th or substance abuse impairments 166
252-of a person are medical conditions that should be protected from 167
253-public disclosure. A person's health and sensitive personal 168
254-information regarding his or her mental health or substance 169
255-abuse impairment are intensely privat e matters. Making such 170
256-applications, petitions, orders, records, and personal 171
257-identifying information confidential and exempt from disclosure 172
258-will protect such persons from the release of sensitive personal 173
259-information that could damage their and their fam ilies' 174
260-reputations. The publication of personal identifying information 175
236+comply with mental health or substance abuse treatment services. 151
237+ (2) The Legislature finds that it is a public necessity 152
238+that voluntary applications or petitions for involuntary 153
239+examination or treatment, court orders, and related records that 154
240+are filed with or by a court or relevant service provider under 155
241+part I of chapter 394 and parts IV and V of chapter 397, Florida 156
242+Statutes, respectively, and the personal identifying information 157
243+of a person with a potential mental, emotional, or behavioral 158
244+disorder or a substance abuse disorder which is published on a 159
245+court docket and maintained by the clerk of the court under part 160
246+I of chapter 394 and parts IV and V of chapter 397, Florida 161
247+Statutes, or with the relevant service provider be made 162
248+confidential and exempt from disclosure under s. 119.07(1), 163
249+Florida Statutes, and s. 24(a ), Article I of the State 164
250+Constitution. The mental health or substance abuse impairments 165
251+of a person are medical conditions that should be protected from 166
252+public disclosure. A person's health and sensitive personal 167
253+information regarding his or her mental he alth or substance 168
254+abuse impairment are intensely private matters. Making such 169
255+applications, petitions, orders, records, and personal 170
256+identifying information confidential and exempt from disclosure 171
257+will protect such persons from the release of sensitive per sonal 172
258+information that could damage their and their families' 173
259+reputations. The publication of personal identifying information 174
260+on a physical or virtual docket, regardless of whether any other 175
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273-on a physical or virtual docket, regardless of whether any other 176
274-record is published, defeats the purpose of protections 177
275-otherwise provided. Further, the knowledge that such sensitive 178
276-personal information is subject to disclosure could have a 179
277-chilling effect on a person's willingness to seek out and comply 180
278-with mental health or substance abuse treatment services. 181
279- Section 4. This act shall take effect on the same date 182
280-that HB 7021 or similar legislation takes effect , if such 183
281-legislation is adopted in the same legislative session or an 184
282-extension thereof and becomes a law. 185
273+record is published, defeats the purpose of protections 176
274+otherwise provided. Further, the knowledge that such sensitive 177
275+personal information is subject to disclosure could have a 178
276+chilling effect on a person's willingness to seek out and comply 179
277+with mental health or substance abuse treatment services. 180
278+ Section 4. This act shall take effect July 1, 2024. 181