Bill Text: FL S0762 | 2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Records/Petitions for Involuntary Assessment and Stabilization, Court Orders, and Related Records

Spectrum: Bipartisan Bill

Status: (Failed) 2016-03-11 - Died in Messages [S0762 Detail]

Download: Florida-2016-S0762-Introduced.html

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       Florida Senate - 2016                                     SB 762
       
       
        
       By Senator Abruzzo
       
       
       
       
       
       25-00545-16                                            2016762__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         397.6815, F.S.; providing an exemption from public
    4         records requirements for a petition for involuntary
    5         assessment and stabilization of a substance abuse
    6         impaired person; providing exceptions; providing
    7         retroactive application; providing for future
    8         legislative review and repeal of the exemption under
    9         the Open Government Sunset Review Act; providing for
   10         release of a petition to a guardian advocate;
   11         providing a statement of public necessity; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 397.6815, Florida Statutes, is amended
   17  to read:
   18         397.6815 Involuntary assessment and stabilization;
   19  exemption; procedure.—
   20         (1) A petition for involuntary assessment and stabilization
   21  filed with the court under this part is confidential and exempt
   22  from s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   23  and shall be released, in addition to the persons identified in
   24  paragraph (2)(a):
   25         (a) To appropriate persons if necessary to ensure the
   26  continuity of the respondent’s health care, upon approval by the
   27  respondent, the respondent’s guardian, or, in the case of a
   28  minor, by the respondent’s parent, guardian, legal custodian, or
   29  guardian advocate.
   30         (b) Upon court order for good cause. In determining whether
   31  there is good cause for disclosure, the court shall weigh the
   32  need for the information to be disclosed against the possible
   33  harm of disclosure to the respondent.
   34         (c) To the Department of Corrections, without charge, upon
   35  request if the respondent is committed or is to be returned to
   36  the custody of the Department of Corrections from the Department
   37  of Children and Families.
   38  
   39  The exemption under this subsection applies to petitions filed
   40  with a court before, on, or after July 1, 2016. This subsection
   41  is subject to the Open Government Sunset Review Act in
   42  accordance with s. 119.15 and shall stand repealed on October 2,
   43  2021, unless reviewed and saved from repeal through reenactment
   44  by the Legislature.
   45         (2) Upon receipt and filing of the petition for the
   46  involuntary assessment and stabilization of a substance abuse
   47  impaired person by the clerk of the court, the court shall
   48  ascertain whether the respondent is represented by an attorney,
   49  and if not, whether, on the basis of the petition, an attorney
   50  should be appointed; and shall:
   51         (a)(1) Provide a copy of the petition and notice of hearing
   52  to the respondent; the respondent’s parent, guardian, or legal
   53  custodian, or guardian advocate, in the case of a minor; the
   54  respondent’s attorney, if known; the petitioner; the
   55  respondent’s spouse or guardian, if applicable; and such other
   56  persons as the court may direct pursuant to paragraph (1)(b),
   57  and have such petition and notice personally delivered to the
   58  respondent if he or she is a minor. The court shall also issue a
   59  summons to the person whose admission is sought and conduct a
   60  hearing within 10 days; or
   61         (b)(2) Without the appointment of an attorney and, relying
   62  solely on the contents of the petition, enter an ex parte order
   63  authorizing the involuntary assessment and stabilization of the
   64  respondent. The court may order a law enforcement officer or
   65  other designated agent of the court to take the respondent into
   66  custody and deliver him or her to the nearest appropriate
   67  licensed service provider.
   68         Section 2. The Legislature finds that it is a public
   69  necessity that a petition for involuntary assessment and
   70  stabilization of a person impaired by substance abuse which is
   71  filed pursuant to chapter 397, Florida Statutes, be confidential
   72  and exempt from disclosure under s. 119.07(1), Florida Statutes,
   73  and s. 24(a), Article I of the State Constitution. The personal
   74  health of an individual and his or her alleged impairment by
   75  substance abuse are intensely private matters. The content of
   76  such a petition should not be made public merely because the
   77  petition is filed with the court. Protecting the petition is
   78  necessary to ensure the health care privacy rights of all
   79  individuals. Making these petitions confidential and exempt from
   80  disclosure will protect information of a sensitive personal
   81  nature, the release of which could cause unwarranted damage to
   82  the reputation of an individual. Further, the knowledge that
   83  sensitive personal information is subject to disclosure could
   84  have a chilling effect on the willingness of individuals to seek
   85  substance abuse treatment services.
   86         Section 3. This act shall take effect July 1, 2016.