Title: Pub. Rec./Participants in Treatment-Based Drug Court Programs

Summary: Provides exemption from public records requirements for information relating to screenings for participation in treatment-based drug court program, substance abuse screenings, behavioral health evaluations, & subsequent treatment status reports regarding participant or person considered for participation in treatment-based drug court program; provides for disclosure of certain records; provides for retroactive applicability of exemption; provides for future legislative review & repeal of exemption; provides statement of public necessity.

Full Text:
An act relating to public records; amending s. 397.334, F.S.; providing an exemption from public records requirements for information relating to screenings for participation in a treatment-based drug court program, substance abuse screenings, behavioral health evaluations, and subsequent treatment status reports regarding a participant or a person considered for participation in a treatment-based drug court program; providing for the disclosure of certain records; providing for retroactive applicability of the exemption; providing for future legislative review and repeal of the exemption; providing a statement of public necessity; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (10) is added to section 397.334, Florida Statutes, to read: 397.334 Treatment-based drug court programs.-(10)(a) Information relating to a participant or a person considered for participation in a treatment-based drug court program which is contained in the following records is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I, of the State Constitution: 1. Records created or compiled during screenings for CS/CS/HB 2014 participation in the program. 2. Records created or compiled during substance abuse screenings. 3. Behavioral health evaluations. 4. Subsequent treatment status reports. (b) Such confidential and exempt information may be disclosed: 1. Pursu ant to the written request of the participant or person considered for participation, or his or her legal representative. 2. To another governmental entity in the furtherance of its responsibilities associated with the screening of a person considered fo rparticipation in a treatment-based drug court program or the provision of treatment to a person in a treatment-based drug court program. (c) Records of a service provider that pertain to the identity, diagnosis, and prognosis of or provision of service to any individual shall be disclosed pursuant to s. 397.501(7). (d) This exemption applies to such information described in paragraph (a) relating to a participant or a person considered for participation in a treatment-based drug court program before, on, or after the effective date of this exemption. (e) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved from CS/CS/HB 2014 repeal through reenactment by the Legislature. Section 2. The Legislature finds that it is a public necessity that information relating to a participant or person considered for participation in a treatment-based drug court program under s. 397.334, Florida Statutes, which is contained in certain records be made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State Constitution. Protecting information contained in records created or compiled during screenings for participation in a treatment-based drug court program, records created or compiled during substance abuse screenings, behavioral health evaluations, and subsequent treatment status reports is necessary to protect the privacy rights of participants or individuals considered for par ticipation in treatment-based drug court programs. Accordingly, the Legislature finds that the chilling effect to an individual who is seeking treatment for his or her substance abuse which would result from the release of this information substantially ou tweighs any public benefit derived from disclosure to the public. Making this information confidential and exempt will protect information that is of a sensitive, personal nature; thus, the release of this information would cause unwarranted damage to the reputation of an individual. Furthermore, making this information confidential and exempt will encourage individuals to participate in drug court programs, and thereby promote the effective and efficient administration of treatment-based drug court program s. CS/CS/HB 2014 Section 3. This act shall take effect upon becoming a law.