(1) All petitions for voluntary and involuntary admission for mental health treatment, court orders, and related records that are filed with or by a court under this part are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Pleadings and other documents made confidential and exempt by this section may be disclosed by the clerk of the court, upon request, to any of the following:
(a) The petitioner.
Terms Used In Florida Statutes 394.464
- Department: means the Department of Children and Families. See Florida Statutes 394.455
- Docket: A log containing brief entries of court proceedings.
- Guardian: means the natural guardian of a minor, or a person appointed by a court to act on behalf of a ward's person if the ward is a minor or has been adjudicated incapacitated. See Florida Statutes 394.455
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian advocate: means a person appointed by a court to make decisions regarding mental health treatment on behalf of a patient who has been found incompetent to consent to treatment pursuant to this part. See Florida Statutes 394.455
- Minor: means an individual who is 17 years of age or younger and who has not had the disability of nonage removed pursuant to…. See Florida Statutes 394.455
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(b) The petitioner’s attorney.
(c) The respondent.
(d) The respondent’s attorney.
(e) The respondent’s guardian or guardian advocate, if applicable.
(f) In the case of a minor respondent, the respondent’s parent, guardian, legal custodian, or guardian advocate.
(g) The respondent’s treating health care practitioner.
(h) The respondent’s health care surrogate or proxy.
(i) The Department of Children and Families, without charge.
(j) 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.
(k) A person or entity authorized to view records upon a court order for good cause. In determining if there is good cause for the disclosure of records, the court must weigh the person or entity’s need for the information against potential harm to the respondent from the disclosure.
(2) This section does not preclude the clerk of the court from submitting the information required by s. 790.065 to the Department of Law Enforcement.
(3) The clerk of the court may not publish personal identifying information on a court docket or in a publicly accessible file.
(4) A person or entity receiving information pursuant to this section shall maintain that information as confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(5) The exemption under this section applies to all documents filed with a court before, on, or after July 1, 2019.
(6) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.