Florida Senate - 2023 SB 502



By Senator Rouson





16-01453-23 2023502__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 394.47891, F.S.; providing an exemption from public
4 records requirements for certain information of
5 persons participating in, or considered for
6 participation in, veterans treatment court programs;
7 authorizing the disclosure of confidential and exempt
8 information under certain circumstances; providing for
9 retroactive application; providing for legislative
10 review and repeal of the exemption; providing a
11 statement of public necessity; providing an effective
12 date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Subsection (12) is added to section 394.47891,
17 Florida Statutes, to read:
18 394.47891 Veterans treatment court programs.—
19 (12) CONFIDENTIAL AND EXEMPT INFORMATION.—
20 (a) Information relating to a participant or a person
21 considered for participation in a veterans treatment court
22 program which is contained in any of the following records is
23 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
24 of the State Constitution:
25 1. Records created or compiled during screenings for
26 participation in the program.
27 2. Records created or compiled during substance abuse
28 screenings.
29 3. Behavioral health evaluations.
30 4. Subsequent treatment status reports.
31 (b) Such confidential and exempt information may be
32 disclosed:
33 1. Pursuant to a written request of the participant or
34 person considered for participation, or his or her legal
35 representative.
36 2. To another governmental entity in the furtherance of its
37 responsibilities associated with the screening of a person
38 considered for participation in or the provision of treatment to
39 a person in a veterans treatment court program.
40 (c) If such confidential and exempt information is a
41 substance abuse record of a service provider which pertains to
42 the identity, diagnosis, and prognosis of or provision of
43 service to a person, such information may be disclosed pursuant
44 to s. 397.501(7).
45 (d) If such confidential and exempt information is a record
46 of a service provider which pertains to mental health, such
47 information may be disclosed pursuant to s. 394.4615.
48 (e) The public records exemption contained in this section
49 applies to the information collected before, on, or after the
50 effective date of this exemption.
51 (f) This subsection is subject to the Open Government
52 Sunset Review Act in accordance with s. 119.15 and shall stand
53 repealed on October 2, 2028, unless reviewed and saved from
54 repeal through reenactment by the Legislature.
55 Section 2. The Legislature finds that it is a public
56 necessity that information relating to a participant or person
57 considered for participation in a veterans treatment court
58 program under s. 394.47891, Florida Statutes, which is contained
59 in certain records be made confidential and exempt from s.
60 119.07(1), Florida Statutes, and s. 24(a), Article I of the
61 State Constitution. Protecting information contained in records
62 created or compiled during screenings for participation in a
63 veterans treatment court program, records created or compiled
64 during substance abuse screenings, behavioral health
65 evaluations, and subsequent treatment status reports is
66 necessary to protect the privacy rights of participants or
67 individuals considered for participation in a veterans treatment
68 court program. Protecting against the release of information
69 that is sensitive and personal in nature prevents unwarranted
70 damage to the reputation of veterans treatment court program
71 participants. Public disclosure of such information could result
72 in a substantial chilling effect on participation in a veterans
73 treatment court program. Preventing such chilling effect by
74 making this information confidential substantially outweighs any
75 public benefit derived from public disclosure of such
76 information. Accordingly, it is a public necessity that this
77 information be made confidential to protect the privacy rights
78 of program participants, encourage individuals to participate in
79 such programs, and promote the effective and efficient
80 administration of a veterans treatment court program.
81 Section 3. This act shall take effect upon becoming a law.