HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 715 Pub. Rec./Problem-solving Court Participant Records
SPONSOR(S): Criminal Justice Subcommittee, Maney
TIED BILLS: IDEN./SIM. BILLS: SB 910
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice Subcommittee 17 Y, 0 N, As CS Leshko Hall
2) Ethics, Elections & Open Government 17 Y, 0 N Robinson Toliver
Subcommittee
3) Judiciary Committee 21 Y, 0 N Leshko Kramer
SUMMARY ANALYSIS
Problem-solving courts utilize specialized court dockets, multidisciplinary teams, and a non-adversarial
approach to address the root causes of a person’s involvement with the justice system. Some of the most
common types of problem-solving courts include: drug courts; mental health courts; and veterans courts. While
screening individuals for placement in such programs and serving program participants, problem-solving courts
generate a number of records relating to an individual’s health history and treatment plan.
Section 397.334, F.S., makes information relating to a participant or a person considered for participation in a
treatment-based drug court program contained in the following records confidential and exempt from public
record requirements, with limited exceptions: records created or compiled during screenings for participation in
the program; records created or compiled during substance abuse screenings; behavioral health evaluations;
and subsequent treatment status reports. However, the same information relating to participants or prospective
participants of veterans treatment court and mental health court programs is not currently confidential or
exempt from public record requirements.
CS/HB 715 amends ss. 394.47891 and 394.47892, F.S., to make information relating to a participant or a
person considered for participation in a veterans treatment court or a mental health court program ,
respectively, contained in the following records confidential and exempt from public record requirements:
Records created or compiled during screenings for participation in the program;
Records created or compiled during substance abuse screenings;
Behavioral health evaluations; and
Subsequent treatment status reports.
The bill allows for disclosure of such information: pursuant to a written request of the participant or person
considered for participation or his or her legal representative; to another governmental entity in furtherance of
its responsibilities associated with the screening of a person considered for participation in or the provision of
treatment to a person in a veterans treatment court or mental health court program; and pursuant to ss.
397.501(7) and 394.4615, F.S., regulating the disclosure of substance abuse providers’ records and clinical
records, respectively.
Pursuant to the Open Government Sunset Review Act, the exemptions created by the bill will be automatically
repealed on October 2, 2029, unless reenacted by the Legislature.
The bill provides an effective date of upon becoming a law.
Article I, section 24(c) of the Florida Constitution requires a two-thirds vote of the members present
and voting for final passage of a newly-created or expanded public record or public meeting
exemption. The bill creates a public record exemption; thus, it requires a two-thirds vote for final
passage.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Public Records
Article I, section 24(a) of the Florida Constitution sets forth the state’s public policy regarding access to
government records. This section guarantees every person the right to inspect or copy any public
record of the legislative, executive, and judicial branches of government.1 The Legislature, however,
may provide by general law for exemption2 from public record requirements provided that the
exemption passes by a two-thirds vote of each chamber, states with specificity the public necessity
justifying the exemption, and is no broader than necessary to meet its public purpose. 3
The Florida Statutes also address the public policy regarding access to government records. Section
119.071(1), F.S., guarantees every person the right to inspect and copy any state, county, or municipal
record, unless the record is exempt.4 Furthermore, the Open Government Sunset Review Act 5 provides
that a public record exemption may be created, revised, or maintained only if it serves an identifiable
public purpose and the Legislature finds that the purpose is sufficiently compelling to override the
strong public policy of open government and cannot be accomplished without the exemption. 6 An
identifiable public purpose is served if the exemption meets one of the following purposes:
Allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protects 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; or
Protects trade or business secrets.7
Pursuant to the Open Government Sunset Review Act, a new public record exemption or substantial
amendment of an existing public record exemption is repealed on October 2 nd of the fifth year following
enactment, unless the Legislature reenacts the exemption. 8
Furthermore, there is a difference between records the Legislature designates as exempt from public
record requirements and those the Legislature deems confidential and exempt. A record classified as
exempt from public disclosure may be disclosed under certain circumstances. However, 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.9
Problem-Solving Courts
1 Art. I, s. 24(a), Fla. Const.
2 A public record exemption means a provision of general law which provides that a specified record, or portion thereof, is not subject to
the access requirements of s. 119.07(1), F.S., or s. 24, art. I of the Florida Constitution. See s. 119.011(8), F.S.
3 Art. I, s. 24(c), Fla. Const.
4 See s. 119.01, F.S.
5 S. 119.15, F.S.
6 S. 119.15(6)(b), F.S.
7 Id.
8 S. 119.15(3), F.S.
9 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); See Attorney General Opinion 85-62 (August 1, 1985).
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Problem-solving courts are designed to address the root causes of a person’s involvement with the
justice system.10 Such courts do this by utilizing specialized court dockets, multidisciplinary teams, and
a non-adversarial approach to ensure a person receives the individualized treatment he or she needs
to successfully leave the justice system.11 As of December 2023, there were at least 180 problem-
solving courts in Florida.12 The most common types of problem-solving courts include:
Adult drug courts;
Adult mental health courts;
Early childhood courts;
Veterans courts;
Juvenile drug courts;
Dependency drug courts;
DUI courts; and
Juvenile mental health courts.13
Treatment-Based Drug Court and Mental Health Court Programs
Sections 397.334 and 394.47892, F.S., authorize each county to fund a treatment-based drug court
and mental health court program, respectively, to appropriately address eligible persons in the justice
system assessed with a substance abuse problem or mental illness through treatment services tailored
to the individual needs of the person.14 A treatment-based drug court or mental health court program
may be offered as a voluntary pretrial program or as a post-adjudicatory program as a condition of
probation or community control.15
While screening individuals for placement in such programs and serving program participants, problem -
solving courts generate a number of records relating to an individual’s health history and treatment
plan. Additionally, under current law, each treatment-based drug court and mental health court program
must collect client-level data16 and programmatic data17 for purposes of program evaluation.18
Veterans Treatment Court Programs
Section 394.47891, F.S., authorizes a court with jurisdiction over criminal cases to create and
administer a veterans treatment court (VTC) program.19 Modeled after treatment-based drug court
programs, VTCs divert eligible veterans and servicemembers into treatment programs for service-
related conditions or trauma, including:
Traumatic brain injury;
Substance use disorder;
Psychological problems; and
Military sexual trauma.20
10 Office of the State Courts Administrator (OSCA), Florida Prob lem-Solving Courts Report,
https://www.flcourts.gov/content/download/863926/file/2022%20Florida%20Problem-Solving%20Courts%20Report.pdf (last visited Jan.
14, 2024).
11 Id.
12
OSCA, Office of Prob lem -Solving Courts, https://www.flcourts.gov/Resources-Services/Office-of-Problem-Solving-Courts (last visited
Jan. 14, 2024).
13 Id.
14 Ss. 397.334(1) and 394.47892(1), F.S.
15 Ss. 397.334(2) and (3) and 394.47892(2)-(4), F.S.
16 “Client-level data” includes the underlying offenses that resulted in the referral to the treatment-based drug court, treatment
compliance, completion status and reasons for failure to complete, any offenses committed during treatment and the sanctions
imposed, frequency of court appearances, and units of service. Ss. 397.334(6)(b) and 394.4789 2(5)(b), F.S.
17 “Programmatic data” includes referral and screening procedures, eligibility criteria, type and duration of treatment offered, and
residential treatment resources. Id.
18 Id.
19 S. 394.47891(3)(a), F.S.
20 S. 394.47891(8)(a)1., F.S.
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Diversion to a VTC program may occur at any stage of a criminal proceeding.21 As in treatment-based
drug court and mental health court programs, VTC programs generate a number of records relating to a
prospective participant’s and a participant’s health history and treatment plan.
Confidentiality and Public Record Exemptions
Treatment-Based Drug Court Programs
Currently, s. 397.334, F.S., makes information relating to a participant or a person considered for
participation in a treatment-based drug court program contained in the following records confidential
and exempt from public record requirements:
Records created or compiled during screenings for participation in the program.
Records created or compiled during substance abuse screenings.
Behavioral health evaluations.
Subsequent treatment status reports.22
Such confidential and exempt information may be disclosed:
Pursuant to a written request of the participant or person considered for participation, or his or
her legal representative.
To another governmental entity in the furtherance of its responsibilities associated with the
screening of a person considered for participation in or the provision of treatment to a person in
a treatment-based drug court program.23
Additionally, s. 397.334, F.S., provides that records of a service provider which pertain to the identity,
diagnosis, and prognosis of or provision of service to any person shall be disclosed pursuant to s.
397.501(7), F.S.24
Substance Abuse Providers’ Records
Under s. 397.501, F.S., individuals receiving substance abuse services from any service provider are
guaranteed the protection of certain rights, including the right to confidentiality of individual records.
Pursuant to s. 397.501, F.S., service providers’ records which pertain to the identity, diagnosis, and
prognosis of and provision of service to any individual are confidential and exempt from public record
requirements. Such records may not be disclosed without the written consent of the individual to whom
they pertain except that appropriate disclosure may be made without such consent:
To medical personnel in a medical emergency.
To service provider personnel if such personnel need to know the information in order to carry
out duties relating to the provision of services to an individual.
To the secretary of the Department of Children and Families (DCF) or the secretary’s designee,
for purposes of scientific research, in accordance with federal confidentiality regulations, but
only upon agreement in writing that the individual’s name and other identifying information will
not be disclosed.
In the course of review of service provider records by persons who are performing an audit or
evaluation on behalf of any federal, state, or local government agency, or third-party payor
providing financial assistance or reimbursement to the service provider; however, reports
produced as a result of such audit or evaluation may not disclose names or other identifying
information and must be in accordance with federal confidentiality requirements. 25
The restrictions on disclosure and use, however, do not apply to:
Communications from provider personnel to law enforcement officers which are:
21 S. 394.47891(4), F.S.
22 S. 397.334(10)(a), F.S.
23 S. 397.334(10)(b), F.S.
24 S. 397.334(10)(c), F.S.
25 S. 397.501(7)(a), F.S.
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o Directly related to an individual’s commission of a crime on the premises of the provider
or against provider personnel or to a threat to commit such a crime; and
o Limited to the circumstances of the incident, including the status of the individual
committing or threatening to commit the crime, that individual’s name and address, and
that individual’s last known whereabouts.
The reporting of incidents of suspected child abuse and neglect to the appropriate state or local
authorities as required by law. However, such restrictions continue to apply to the original
substance abuse records maintained by the provider, including their disclosure and use for civil
and criminal proceedings which may arise out of the report of suspected child abuse and
neglect.26
Additionally, a person having a legally recognized interest in the disclosure of such information may
apply for a court order authorizing such disclosure.27
Clinical Records
Section 394.4615, F.S., makes clinical records confidential and exempt from public record
requirements. A “clinical record” means all parts of the record required to be maintained and includes
all medical records, progress notes, charts, and admission and discharge data, and all other
information recorded by facility staff which pertains to the patient’s hospitalization or treatment. 28
A clinical record must be released when:
The patient or the patient’s guardian authorizes the release.
The patient is represented by counsel and the records are needed by the patient’s counsel for
adequate representation.
The court orders such release.
The patient is committed to, or is to be returned to, the Department of Corrections (DOC) from
DCF, and DOC requests such records.29
A patient makes a specific threat to a service provider to cause serious bodily injury or death to
an identified or readily available person, if the service provider reasonably believes, or should
reasonably believe according to the standards of his or her profession, that the patient has the
apparent intent and ability to imminently or immediately carry out such threat. 30
Requested by the Medicaid Fraud Control Unit of the Department of Legal Affairs. 31
Additionally, information from a clinical record may be released:
When the administrator of the facility or secreta