The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: SB 7034
INTRODUCER: Children, Families, and Elder Affairs Committee
SUBJECT: OGSR/Information Regarding Persons Seeking Mental Health Treatment and Services
DATE: January 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Hall Tuszynski CF Submitted as Comm. Bill/Fav
1. Hall Twogood RC Favorable
I. Summary:
The Open Government Sunset Review Act requires the Legislature to review each public record
exemption and each public meeting exemption five years after reenactment. If the Legislature
does not reenact the exemption, it automatically repeals on October 2nd of the fifth year after
enactment.
The Florida Mental Health Act, otherwise known as the Baker Act, provides legal procedures for
voluntary and involuntary mental health examination and treatment. A person may be admitted
for mental health treatment on a voluntary or involuntary basis. Current law makes all petitions
for voluntary and involuntary admission for mental health treatment, court orders, and related
records filed with or by a court pursuant to a Baker Act confidential and exempt from public
record requirements. The information contained in these court files may only be released to
certain entities and individuals.
SB 7034 saves from repeal the public records exemption relating to all petitions for voluntary
and involuntary admission for mental health treatment, court orders, and related records that are
filed with or by a court pursuant to a Baker Act.
The bill takes effect October 1, 2024.
II. Present Situation:
Open Government Sunset Review Act
The Open Government Sunset Review Act (OGSR Act)1 sets forth a legislative review process
for newly created or substantially amended public record or public meeting exemptions. It
1
Section 119.15, F.S.
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requires an automatic repeal of the exemption on October 2nd of the fifth year after creation or
substantial amendment, unless the Legislature reenacts the exemption.2
The OGSR 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:
 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.3
If, and only if, in reenacting an exemption that will repeal, the exemption is expanded, then a
public necessity statement and a two-thirds vote for passage are required.4 If the exemption is
reenacted with grammatical or stylistic changes that do not expand the exemption, if the
exemption is narrowed, or if an exemption to the exemption is created, then a public necessity
statement and a two-thirds vote for passage are not required.
Florida Mental Health Act
The Florida Mental Health Act, otherwise known as the Baker Act (Baker Act) was enacted in
1971 to revise the state’s mental health commitment laws.5 It provides legal procedures for
mental health examination and treatment. It also protects the rights of all individuals examined or
treated for mental illness in Florida.6 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.7
Voluntary Admissions
The Baker Act allows for the voluntary admission of persons for psychiatric care, but only when
the individual is over the age of 18, deemed to be competent, expresses informed consent, and is
suitable for treatment.8 Any person age 17 or under may be admitted voluntarily if a parent or
legal guardian applies for admission and only after a clinical review to verify the minor’s
willingness to volunteer for treatment under a Baker Act.9 If any condition for voluntary
admission is not met, then that person shall be extended the due process rights assured under the
involuntary provisions of the Baker Act.10
2
Section 119.15(3), F.S.
3
Section 119.15(6)(b), F.S.
4
Article I, s. 24(c), FLA. CONST.
5
Section 394.451, F.S.
6
Section 394.459, F.S.
7
Sections 394.4625 and 394.463, F.S.
8
Section 394.4625(1)(a), F.S.
9
Id.
10
Section 394.4625, F.S.
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Involuntary Examinations
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, 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 either of the following
determinations are made:11
 Without care or treatment, the person is likely to suffer from neglect or refuse care for
himself or herself; such neglect 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 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:12
 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
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 that 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 that has been designated
by the Department of Children and Families (DCF) as a Baker Act receiving facility. 13 A
receiving facility has up to 72 hours to examine an involuntary patient. 14 During those 72 hours,
the patient must be examined by a physician, a clinical psychologist, or, in certain circumstances,
by a psychiatric nurse to determine if the criteria for involuntary services are met.15 Within that
72-hour examination period, one of the following must happen:16
 The patient must be released, unless he or she is charged with a crime, in which case law
enforcement will assume custody;
 The patient must be released for voluntary outpatient treatment;
11
Section 394.463(1), F.S.
12
Section 394.463(2)(a), F.S.
13
Section 394.461, F.S.
14
Section 394.463(2)(g), F.S.
15
Section 394.463(2)(f), F.S.
16
Id.
BILL: SB 7034 Page 4
 The patient, unless charged with a crime, must give express and informed consent to be
placed and admitted as a voluntary patient; or
 A petition for involuntary placement must be filed in circuit court for involuntary outpatient
or inpatient treatment.
The receiving facility may not release an involuntary examination patient without the
documental approval of a psychiatrist, a clinical psychologist, or in certain circumstances, a
psychiatric nurse.17
Involuntary Inpatient Placements
A court may order a person into involuntary inpatient treatment if it finds that a person has a
mental illness and, because of that mental illness, has refused voluntary inpatient treatment, is
incapable of surviving alone or with the help of willing and responsible family or friends and,
without treatment, is likely to refuse to care for him or herself to the extent that such refusal
threatens to cause substantial harm to their well-being, or will inflict serious bodily harm on him
or herself or others in the near future based on recent behavior.18 Additionally, the court must
find that all available less restrictive treatment alternatives which would offer an opportunity for
improvement of their condition are inappropriate.19
Involuntary Outpatient Services
Involuntary outpatient placement, also known as assisted outpatient treatment, is a court-ordered,
community-based treatment program for individuals with severe mental illness designed to assist
individuals with severe mental illness who have a history of treatment and medication
noncompliance but do not require hospitalization.20 A petition for involuntary outpatient services
may be filed with a court by the administrator of either a receiving facility or a treatment
facility.21 There are strict legal requirements for individuals to be ordered into involuntary
outpatient placement and only circuit judges have the authority to issue such an order.22
Public Record Exemption under Review
In 2019, the Legislature made all petitions for voluntary and involuntary admission for mental
health treatment, court orders, and related records that are filed with or by a court pursuant to the
17
Id.
18
Section 394.467(1), F.S.
19
Id.
20
Section 394.4655, F.S.
21
Section 394.4655(4), F.S.
22
Section 394.4655(2), F.S.
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Baker Act confidential and exempt23 from public record requirements.24 The records may only be
released to:25
 The petitioner.
 The petitioner’s attorney.
 The respondent.
 The respondent’s attorney.
 The respondent’s guardian or guardian advocate, if applicable.
 In the case of a minor respondent, the respondent’s legal custodian, or guardian advocate.
 The respondent’s treating health care practitioner.
 The respondent’s health care surrogate or proxy.
 The Department of Children and Families, without charge.
 The Department of Corrections, without charge, if the respondent is committed or is to be
returned to the custody of the Department of Corrections from the Department of Children
and Families.
 A person or entity authorized to view records upon a court order for good cause.26
The Clerk of the Court is prohibited from publishing any personal identifying information on a
court docket or in a publicly accessible file. However, the Clerk of the Court is not prohibited
from submitting the protected information to the Department of Law Enforcement for purposes
of a criminal history record check relating to the sale of firearms.27
In 2019, the public necessity statement28 stated that:
The mental health of a person, including a minor, is a medical condition,
which should be protected from dissemination to the public. A person’s
mental health is also an immensely private matter. The public stigma
associated with a mental health condition may cause persons in need of
treatment to avoid seeking treatment and related services if the record of such
condition is accessible to the public. Without treatment, a person’s condition
may worsen, the person may harm himself or herself or others, and the person
may become a financial burden on the state. The content of such records or
personal identifying information should not be made public merely because
they are filed with or by a court or placed on a docket. Making such petitions,
23
There is a difference between records the Legislature designates exempt from public record requirements and those the
Legislature designates confidential and exempt. A record classified as exempt from public disclosure may be disclosed under
certain circumstances. See WFTV, Inc. v. Sch. Bd. of Seminole, 874 So.2d 48, 53 (Fla. 5th DCA 2004), review denied, 892
So.2d 1015 (Fla. 2004); State v. Wooten, 260 So. 3d 1060, 1070 (Fla. 4th DCA 2018); City of Rivera Beach v. Barfield, 642
So.2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So.2d 683, 687 (Fla. 5th DCA 1991). If the Legislature
designated 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 entities specifically designated in statute. See Op. Att’y Gen. Fla. 04- 09
(2004).
24
Section 394.464, F.S.
25
Section 394.464(1), F.S.
26
In determining if good cause exists, the court must weigh the person or entity’s need for the information against the
potential harm to the respondent of disclosure. Section 394.464(1)(k), F.S.
27
Section 394.464(2), F.S.
28
Article I, s. 24(c), FLA. CONST., requires each public record exemption to “state with specificity the public necessity
justifying the exemption.”
BILL: SB 7034 Page 6
orders, records, and identifying information confidential and exempt from
disclosure will protect such persons from the release of sensitive, personal
information which could damage their and their families’ reputations.29
Pursuant to the OGSR Act, the exemption will repeal on October 2, 2024, unless reenacted by
the Legislature.
During the 2023 interim, House and Senate staff sent a questionnaire to the Clerks of Court as
part of its review under the OGSR Act. In total, staff received 42 responses from Clerks’
offices.30 Respondents indicated they had not had any issues interpreting or applying the
exemption and that they were unaware of the existence of any litigation concerning the
exemption. Clerk staff noted that the Florida Supreme Court had incorporated the public record
exemption into Rule 2.420 of the Rules of General Practice and Judicial Administration.31 All
respondents recommended the exemption be reenacted as is.
III. Effect of Proposed Changes:
Section 1 of the bill removes the scheduled repeal of the public record exemption, thereby
maintaining the public record exemption for all petitions for voluntary and involuntary admission
for mental health treatment, court orders, and related records that are filed with or by a court
pursuant to the Baker Act.
Section 2 of the bill provides an effective date of October 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
Vote Requirement
Article I, s. 24(c) of the State Constitution requires a two-thirds vote of the members
present and voting for final passage of a bill creating or expanding an exemption to the
public records requirements. This bill continues a current public records and public
meetings exemption beyond its current date of repeal. The bill does not create or expand
an exemption. Thus, the bill does not require an extraordinary vote for enactment.
Public Necessity Statement
Article I, s. 24(c) of the State Constitution requires a bill creating or expanding an
exemption to the public records requirements to state with specificity the publ