eLaws of Florida

  SECTION 394.464. Court records; confidentiality.  


Latest version.
  • 1(1) 2All 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. 35119.07(1) 36and 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:
    72(a) 73The petitioner.
    75(b) 76The petitioner’s attorney.
    79(c) 80The respondent.
    82(d) 83The respondent’s attorney.
    86(e) 87The respondent’s guardian or guardian advocate, if applicable.
    95(f) 96In the case of a minor respondent, the respondent’s parent, guardian, legal custodian, or guardian advocate.
    112(g) 113The respondent’s treating health care practitioner.
    119(h) 120The respondent’s health care surrogate or proxy.
    127(i) 128The Department of Children and Families, without charge.
    136(j) 137The 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.
    168(k) 169A 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.
    217(2) 218This section does not preclude the clerk of the court from submitting the information required by s. 235790.065 236to the Department of Law Enforcement.
    242(3) 243The clerk of the court may not publish personal identifying information on a court docket or in a publicly accessible file.
    264(4) 265A person or entity receiving information pursuant to this section shall maintain that information as confidential and exempt from s. 285119.07(1) 286and s. 24(a), Art. I of the State Constitution.
    295(5) 296The exemption under this section applies to all documents filed with a court before, on, or after July 1, 2019.
    316(6) 317This section is subject to the Open Government Sunset Review Act in accordance with s. 332119.15 333and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.
History.-s. 1, ch. 2019-51.

Bills Cite this Section:

None

Cited by Court Cases:

None