HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 1157 Pub. Rec./Court Records
SPONSOR(S): Maney
TIED BILLS: HB 1143 IDEN./SIM. BILLS: SB 1846
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Children, Families & Seniors Subcommittee 15 Y, 0 N Rahming Brazzell
2) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N Mathews Hall
3) Government Operations Subcommittee
4) Health & Human Services Committee
SUMMARY ANALYSIS
The Baker Act provides legal procedures for voluntary and involuntary mental health examination and
treatment, while the Marchman Act addresses substance abuse through a comprehensive system of
prevention, detoxification, and treatment services.
Currently, all Baker Act petitions for voluntary and involuntary mental health treatment, court orders, and
related records filed with a court are confidential and exempt from public record requirements. Similarly, all
Marchman Act petitions for involuntary assessment and stabilization, court orders, and related records are
confidential and exempt from public record requirements. Under both Acts, the clerk of court is prohibited from
posting personal identifying information on the court docket or in publicly accessible files and may only release
confidential and exempt documents to specified individuals. Current law retroactively applies the exemption to
all documents filed under both Acts to a specified date, but does not expressly apply the exemption to pending
or filed appeals.
The bill expands exemptions from public records requirements to include a respondent’s name, at trial and on
appeal, on applications for voluntary mental health examinations or treatment and substance abuse treatment,
and appeals pending or filed on or after July 1, 2022. The bill also adds service providers to the list of
individuals the clerk of court may disclose confidential and exempt pleadings and other documents to.
The bill creates a narrow exception that allows courts to use a respondent’s name in certain instances.
The bill extends the scheduled repeal dates of the public record exemptions under the Baker Act by three
years, and under the Marchman Act by five years, to October 2, 2027. This keeps the public record exemptions
for the disclosure of pleadings and other documents filed with a court involving admission proceedings.
The bill provides a public necessity statement as required by the Florida Constitution, specifying that the
exemption protects sensitive personal information, the release of which could cause unwarranted damage to
the reputation of an individual.
The bill has an indeterminate, but likely insignificant, negative fiscal impact on the State Courts System.
This bill provides that the act shall take effect on the same date that HB 1143 or similar legislation takes effect,
if such legislation is adopted in the same legislative session or an extension thereof and becomes law. HB
1143 has an effective date of July 1, 2022.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 2/8/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records and Open Meetings Requirements
The Florida Constitution provides that the public has the right to access government records and
meetings. The public may inspect or copy any public record made or received in connection with the
official business of any public body, officer, or employee of the state, or of persons acting on their
behalf.1 The public also has a right to notice of and access to meetings of any collegial public body of
the executive branch of state government or of any local government. 2 The Legislature’s meetings must
also be open and noticed to the public, unless there is an exception. 3
In addition to the Florida Constitution, the Florida Statutes specify conditions under which public access
must be provided to government records and meetings. The Public Records Act 4 guarantees every
person’s right to inspect and copy any state or local government public record.5 The Sunshine Law6
requires all meetings of any board or commission of any state or local agency or authority at which
official acts are to be taken be noticed and open to the public. 7
The Legislature may create an exemption to public records or open meetings requirements.8 An
exemption must specifically state the public necessity justifying the exemption 9 and must be tailored to
accomplish the stated purpose of the law.10 There is a difference between records the Legislature has
determined to be exempt from the Public Records Act and those which the Legislature has determined
to be confidential and exempt.11
1 FLA. CONST., art. I, s. 24(a).
2 FLA. CONST., art. I, s. 24(b).
3 FLA. C ONST., art. I, s. 24(b).
4
Ch. 119, F.S.
5 “Public record” means “all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data process ing
software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pur suant to law
or ordinance or in connection with the transaction of official business by any agency.” S. 119.011(12), F.S. “Agency” means “any state,
county, district, authority, or municipal officer, department, division, board, bureau, commission, or oth er separate unit of government
created or established by law including, for the purposes of this chapter, the Commission on Ethics, the Public Service Commi ssion,
and the Office of Public Counsel, and any other public or private agency, person, partnership , corporation, or business entity acting on
behalf of any public agency.” S. 119.011(2), F.S. The Public Records Act does not apply to legislative or judicial records, Locke v.
Hawkes, 595 So. 2d 32 (Fla. 1992), however, the Legislature’s records are pub lic pursuant to s. 11.0431, F.S.
6 S. 286.011, F.S.
7 S. 286.011(1)-(2), F.S. The Sunshine Law does not apply to the Legislature; rather, open meetings requirements for the Legislature
are set out in the Florida Constitution. Article III, section 4(e) of the Florida Constitution provide that legislative committee meetings
must be open and noticed to the public. In addition, prearranged gatherings, between more than two members of the Legislatur e, or
between the Governor, the President of the Senate, or the Speaker of the House of Representatives, the purpose of which is to agree
upon or to take formal legislative action, must be reasonably open to the public.
8 FLA. C ONST., art. I, s. 24(c).
9 FLA. C ONST., art. I, s. 24(c).
10 FLA. C ONST., art. I, s. 24(c).
11 A record classified as exempt from public disclosure may be disclosed under certain circumstances. See WFTV, Inc. v. The School
Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d 1015 (Fla. 2004); City of Riviera Beach v.
Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla. 5th DCA 1991). If the Legislature
designates a record as confidential and exempt from public disclosure, such record may not be released by the custodian of public
records to anyone other than the persons or entities specifically designated in statute. See Attorney General Opinion 85-62 (August 1,
1985).
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Exempt Records
If a record is exempt, the specified record or meeting, or portion thereof, is not subject to the access
requirements of s. 119.07(1), F.S., s. 286.011, F.S., or article I, section 24 of the Florida Constitution. If
records are only exempt from the Public Records Act and not confidential, the exemption does not
prohibit the showing of such information, but simply exempts them from the mandatory disclosure
requirements in s. 119.07(1)(a), F.S.12
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR) prescribes a legislative review process for newly
created or substantially amended public records or open meetings exemptions.13 The OGSR provides
that an exemption automatically repeals on October 2nd of the fifth year after creation or substantial
amendment; in order to save an exemption from repeal, the Legislature must reenact the exemption.14
The Act provides that a public record or public meeting exemption may be created or maintained only if
it serves an identifiable public purpose. In addition, it may be no broader than is necessary to meet one
of the following purposes:15
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision.
Protect trade or business secrets.
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded (essentially
creating a new exemption), then a public necessity statement and a two-thirds vote for passage are
required.16 If the exemption is reenacted with grammatical or stylistic changes that do not expand the
exemption, if the exemption is narrowed, or if an exception to the exemption is created then a public
necessity statement and a two-thirds vote for passage are not required.
Mental Health and Mental Illness
Mental health is a state of well-being in which the individual realizes his or her own abilities, can cope
with the normal stresses of life, can work productively and fruitfully, and is able to contribute to his or
her community.17 The primary indicators used to evaluate an individual’s mental health are: 18
Emotional well-being- Perceived life satisfaction, happiness, cheerfulness, peacefulness;
Psychological well-being- Self-acceptance, personal growth including openness to new
experiences, optimism, hopefulness, purpose in life, control of one’s environment, spirituality,
self-direction, and positive relationships; and
12 See Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DCA 1991), rev. denied, 589 So. 2d 289 (Fla. 1991), in which the court
observed that pursuant to s. 119.07(3)(d), F.S, [now s. 119.071(2)(c), F.S.] "active criminal investigative information" was exempt from
the requirement that public records be made available for public inspection. However, as sta ted by the court, "the exemption does not
prohibit the showing of such information." Id. at 686.
13 S. 119.15, F.S. Section 119.15(4)(b), F.S., provides that an exemption is considered to be substantially amended if it expanded to
include more information or to include meetings. The OGSR does not apply to an exemption that is required by federal law or that
applies solely to the Legislature or the State Court System pursuant to s. 119.15(2), F.S.
14 S. 119.15(3), F.S.
15 S. 119.15(6)(b), F.S.
16 Art. I, s. 24(c), FLA. C ONST.
17
World Health Organization, Mental Health: Strengthening Our Response, https://www.who.int/news -room/fact-sheets/detail/mental-
health-strengthening-our-response (last visited Feb. 8, 2022).
18 Centers for Disease Control and Prevention, Mental Health Basics, http://medbox.iiab.me/modules/en-
cdc/www.cdc.gov/mentalhealth/basics.htm (last visited Feb. 8, 2022).
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Social well-being- Social acceptance, beliefs in the potential of people and society as a whole,
personal self-worth and usefulness to society, sense of community.
Mental illness is collectively all diagnosable mental disorders or health conditions that are characterized
by alterations in thinking, mood, or behavior (or some combination thereof) associated with distress or
impaired functioning.19 Thus, mental health refers to an individual’s mental state of well-being whereas
mental illness signifies an alteration of that well-being. Mental illness affects millions of people in the
United States each year. Nearly one in five adults live with a mental illness. 20 An estimated 49.5% of
adolescents aged 13-18 have a mental disorder.21
The Baker Act
The Florida Mental Health Act, otherwise known as the Baker Act, was enacted in 1971 to revise the
state’s mental health commitment laws. 22 The Act provides legal procedures for mental health
examination and treatment, including voluntary and involuntary examinations. It additionally protects
the rights of all individuals examined or treated for mental illness in Florida. 23
Voluntary Admissions
Under current Florida law, an adult may apply for voluntary admission to a facility for observation,
diagnosis, or treatment by giving their expressed and informed consent. 24 The facility may admit the
adult if it finds evidence of mental illness, the adult to be competent to provide express and informed
consent, and that the adult is suitable for treatment.
A facility may also receive a minor for observation, diagnosis, or treatment if the minor’s guardians
makes the such application by giving their express and informed consent.25 If the facility finds there is
evidence of mental illness, and the minor is suitable for treatment at that facility, then they can admit
the minor, but only after a hearing to verify the voluntariness of the minor’s consent. 26 Current law does
not specify the type of voluntariness hearing that must be held (e.g., judicial, administrative, or clinical),
however, the hearings are currently of a judicial nature and are held before judges or magistrates.
A voluntary patient who is unwilling or unable to provide express and informed consent to mental health
treatment must either be discharged or transferred to involuntary status. 27 Additionally, facilities must
discharge a patient within 24 hours if he or she is sufficiently improved such that admission is no longer
appropriate, consent is revoked, or discharge is requested, unless the patient is qualified for and is
transferred to involuntary status.28
Involuntary Examination
Individuals in acute mental or behavioral health crisis may require emergency treatment to stabilize
their condition. Emergency mental health examination and stabilization services may be provided on a
voluntary or involuntary basis.29 An involuntary examination is required if there is reason to believe that
the person has a mental illness and because of his or her mental illness: 30
19
Id.
20 National Institute of Mental Health (NIH), Mental Illness, https://www.nimh.nih.gov/health/statistics/mental-illness (last visited Feb. 8,
2022).
21 Id.
22
Ss. 394.451-394.47891, F.S.
23
S. 394.459, F.S.
24 S. 394.4625, F.S.
25 Id.
26 Id. The statute does not provide further detail on the nature of, or process for, a voluntariness hearing.
27
S. 394.4625(1)(e), F.S.
28 S. 394.4625(2), F.S.
29 Ss. 394.4625 and 394.463, F.S.
30 S. 394.463(1), F.S.
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The person has refused voluntary examination after conscientious explanation and disclosure of
the purpose of the examination or is unable to determine for himself or herself whether
examination is necessary; and
Without care or treatment, the person is likely to suffer from neglect or refuse to care for himself
or herself; such neglect or refusal poses a real and present threat of substantial harm to his or
her well-being; and it is not apparent that such harm may be avoided through the help of willing
family members or friends or the provision of other services; or
There is a substantial likelihood that without care or treatment the person will cause serious
bodily harm to himself or herself or others in the near future, as evidenced by recent behavior .
The involuntary examination may be initiated in one of three ways: 31
A court may enter an ex parte order stating that a person appears to meet the criteria for
involuntary examination, based on sworn testimony. The order of the court shall be made a part
of the patient’s clinical record.
A law enforcement officer must take a person who appears to meet the criteria for involuntary
examination into custody and deliver the person or have him or her delivered to an appropriate,
or the nearest, receiving facility for examination. The officer shall execute a written report
detailing the circumstances under which the person was taken into custody, and the report shall
be made a part of the patient’s clinical record.
A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and
fami