HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 7023 Pub. Rec. and Meetings/Mental Health and Substance Abuse
SPONSOR(S): Health & Human Services Committee, Children, Families & Seniors Subcommittee, Maney
and others
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
Orig. Comm.: Children, Families & Seniors 16 Y, 0 N Curry Brazzell
Subcommittee
1) Ethics, Elections & Open Government 16 Y, 0 N Rando Toliver
Subcommittee
2) Health & Human Services Committee 20 Y, 0 N, As CS Curry Calamas
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 makes hearings under the Baker Act and under Parts IV and V of the Marchman Act confidential,
absent a judicial finding of good cause or the respondent’s consent. The bill expands the exemption from
public record requirements to include a respondent’s name, at trial and on appeal, and applications for
voluntary mental health examinations or treatment and substance abuse treatment. The bill also adds service
providers to the list of individuals to whom the clerk of court may disclose confidential and exempt pleadings
and other documents. In addition to applying to documents that were previously filed with a court, these new
exemptions also apply to appeals pending or filed on or after July 1, 2024. The bill creates a narrow exception
that allows courts to use a respondent’s name in certain instances.
The bill provides that the public record and public meeting exemptions are subject to the Open Government
Sunset Review Act and will stand repealed on October 2, 2029, unless the saved from repeal through
reenactment by the Legislature. The bill also provides the constitutionally required public necessity statements.
The bill may have an indeterminate, but likely insignificant, negative fiscal impact on the State Courts System.
The bill will become effective on the same date that CS/CS/HB 7021 or similar legislation takes effect, if such
legislation is adopted in the same legislative session or an extension thereof, and becomes law.
Article I, s. 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 and public meeting 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 .
STORAGE NAME: h7023c.HHS
DATE: 2/23/2024
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Open Government
The Florida Constitution sets forth the state’s public policy regarding access to government records and
meetings.1 Every person is guaranteed a right to inspect or copy any public record of the legislative,
executive, and judicial branches of government.2 All meetings of any collegial public body of the
executive branch of state government or any collegial public body of a county, municipality, school
district, or special district, at which official acts are to be taken or at which public business of such body
is to be transacted or discussed, must be open and noticed to the public. 3 The Legislature, however,
may provide by general law an exemption4 from public record or meeting 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.5
Pursuant to the Open Government Sunset Review Act,6 a new public record or meeting exemption or
substantial amendment of an existing exemption is repealed on October 2nd of the fifth year following
enactment, unless the Legislature reenacts the exemption.7
Public Records
Current law also addresses the public policy regarding access to government records, guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.8 Furthermore, the Open Government Sunset Review Act 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.” 9 An identifiable public purpose
is served if the exemption meets one of the following purposes:
 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; or
 Protect trade or business secrets.10
Public Meetings
Current law also addresses public policy regarding access to government meetings, further requiring all
meetings of any board or commission of any state agency or authority, or of any agency or authority of
any county, municipality, or political subdivision, at which official acts are to be taken to be open to the
1 Art. I, s. 24, FLA. C ONST.
2 Art. I, s. 24(a), FLA. CONST.
3 Art. I, s. 24 (b), FLA. C ONST.
4 A public record exemption means a provision of general law which provides that a specified record or meeting, or portion ther eof, is
not subject to the access requirements of s. 119.07(1), F.S., s. 286.011, F.S., or s. 24, Art. I of the Flor ida Constitution. See s.
119.011(8), F.S.
5 Art. I, s. 24(c), FLA. C ONST.
6 S. 119.15, F.S.
7 S. 119.15(3), F.S.
8 See s. 119.01, F.S.
9 S. 119.15(6)(b), F.S.
10 Id.
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 public at all times, unless the meeting is exempt.11 The board or commission must provide reasonable
notice of all public meetings.12 Public meetings may not be held at any location that discriminates on
the basis of sex, age, race, creed, color, origin, or economic status or that operates in a manner that
unreasonably restricts the public’s access to the facility.13 Minutes of a public meeting must be promptly
recorded and open to public inspection.14 Failure to abide by public meeting requirements will invalidate
any resolution, rule, or formal action adopted at a meeting.15 A public officer or member of a
governmental entity who violates public meeting requirements is subject to civil and criminal
penalties.16
Mental Health and Mental Illness
Mental health is a state of well-being in which the individual is able to cope with the normal stresses of
life, realize his or her abilities, 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
 Social well-being- Social acceptance, beliefs in the potential of people and society as a whole,
personal self-worth and usefulness to society, and 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 lives with a mental illness.20 An estimated 49.5% of
adolescents aged 13-18 have a mental illness.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 law, an adult may apply for voluntary admission to a facility for observation, diagnosis, or
treatment by giving their express and informed consent.24 The facility may admit the adult if it finds
11 S. 286.011(1), F.S.
12 Id.
13 S. 286.011(6), F.S.
14 S. 286.011(2), F.S.
15
S. 286.011(1), F.S.
16 S. 286.011(3), F.S.
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 Jan. 24 , 2024).
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 Jan. 24, 2024).
19 Id.
20 National Institute of Mental Health (NIH), Mental Illness, https://www.nimh.nih.gov/health/statistics/mental-illness (last visited Jan. 24,
2024).
21 Id.
22 Ss. 394.451-394.47892, F.S.
23 S. 394.459, F.S.
24 S. 394.4625, F.S.
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 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 guardian
applies for admission.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 clinical review to verify the
voluntariness of the minor’s assent.26
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
 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, a physician assistant, clinical psychologist, psychiatric nurse, an advanced practice
registered nurse, mental health counselor, marriage and family therapist, or clinical social
worker may execute a certificate stating that he or she has examined a person within the
preceding 48 hours and finds that the person appears to meet the criteria for involuntary
examination and stating the observations upon which that conclusion is based. The report and
certificate shall be made a part of the patient’s clinical record.
Involuntary patients must be taken to either a public or private facility which has been designated by the
Department of Children and Families (DCF) as a Baker Act receiving facility. The purpose of receiving
25 Id.
26 Id.
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.
31 S. 394.463(2)(a), F.S.
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 facilities is to receive and hold, or refer, as appropriate, involuntary patients under emergency
conditions for psychiatric evaluation and to provide short-term treatment or transportation to the
appropriate service provider.32 The examination period must be for up to 72 hours.33 A minor patient
must be examined by the receiving facility within 12 hours following his or her arrival at the facility.34
Involuntary Outpatient Services
A person may be ordered to involuntary outpatient services 35 upon a finding of the court that by clear
and convincing evidence:36
 The person is 18 years of age or older;
 The person has a mental illness;
 The person is unlikely to survive safely in the community without supervision, based on a
clinical determination;
 The person has a history of lack of compliance with treatment for mental illness;
 The person has:
o At least twice within the immediately preceding 36 months been involuntarily admitted to
a receiving or treatment facility, or has received mental health services in a forensic or
correctional facility; or
o Engaged in one or more acts of serious violent behavior toward self or others, or
attempts at serious bodily harm to himself or herself or others, within the preceding 36
months;
 The person is, as a result of his or her mental illness, unlikely to voluntarily participate in the
recommended treatment plan and either he or she has refused voluntary placement for
treatment or he or she is unable to determine for himself or herself whether placement is
necessary;
 In view of the person’s treatment history and current behavior, the person is in need of
involuntary outpatient services in order to prevent a relapse or deterioration that would be likely
to result in serious bodily harm to himself or herself or others, or a substantial harm to his or her
well-being;
 It is likely that the person will benefit from involuntary outpatient service