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CS/HB 447 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public records and public meetings; 2
amending ss. 394.464 and 397.6760, F.S.; specifying 3
that all hearings relating to mental health and 4
substance abuse, respectively, are confidential and 5
closed to the public; providing exceptions; exempting 6
certain information from public records requirements; 7
expanding a public records exemption to include 8
certain petitions and applications; authorizing 9
disclosure of certain confidential and exempt 10
documents to certain service providers; authorizing 11
courts to use a respondent's name for certain 12
purposes; revising applicability; providing for future 13
legislative review and repeal of the exemption; making 14
technical changes; providing statements of public 15
necessity; providing an effective date. 16
17
Be It Enacted by the Legislature of the State of Florida: 18
19
Section 1. Section 394.464, Florida Statutes, is amended 20
to read: 21
394.464 Court proceedings and records; confidentiality.— 22
(1) Absent the respondent's consent or a finding of good 23
cause by a judge or an administrative law judge, all hearings 24
conducted under this part are confidential and closed to the 25
CS/HB 447 2026
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public. 26
(2)(a) The respondent's name, at a hearing or on appeal, 27
and all petitions or applications for voluntary and involuntary 28
admission for mental health examination or treatment, court 29
orders, and related records that are filed with or by a court 30
under this part are confidential and exempt from s. 119.07(1) 31
and s. 24(a), Art. I of the State Constitution. Pleadings and 32
other documents made confidential and exempt by this section may 33
be disclosed by the clerk of the court, upon request, to any of 34
the following: 35
1.(a) The petitioner. 36
2.(b) The petitioner's attorney. 37
3.(c) The respondent. 38
4.(d) The respondent's attorney. 39
5.(e) The respondent's guardian or guardian advocate, if 40
applicable. 41
6.(f) In the case of a minor respondent, the respondent's 42
parent, guardian, legal custodian, or guardian advocate. 43
7.(g) The respondent's treating health care practitioner 44
and service provider. 45
8.(h) The respondent's health care surrogate or proxy. 46
9.(i) The Department of Children and Families, without 47
charge. 48
10.(j) The Department of Corrections, without charge, if 49
the respondent is committed or is to be returned to the custody 50
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of the Department of Corrections from the Department of Children 51
and Families. 52
11.(k) A person or an entity authorized to view records 53
upon a court order for good cause. In determining whether if 54
there is good cause for the disclosure of records, the court 55
must weigh the person's person or entity's need for the 56
information against potential harm to the respondent from the 57
disclosure. 58
(b)(2) This subsection section does not preclude the clerk 59
of the court from submitting the information required by s. 60
790.065 to the Department of Law Enforcement. 61
(c)(3) The clerk of the court may not publish personal 62
identifying information on a court docket or in a publicly 63
accessible file, but the court may use the respondent's name to 64
schedule and adjudicate cases, including the transmission of any 65
court order to the parties or the service provider. 66
(d)(4) A person or an entity receiving information 67
pursuant to this subsection section shall maintain that 68
information as confidential and exempt from s. 119.07(1) and s. 69
24(a), Art. I of the State Constitution. 70
(e)(5) The exemption under this subsection section applies 71
to all documents filed with a court before, on, or after July 1, 72
2019, and appeals pending or filed on or after July 1, 2026. 73
(f) This subsection applies to records held by the 74
Division of Administrative Hearings to the same extent as 75
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records held by a court. 76
(g) This subsection is subject to the Open Government 77
Sunset Review Act in accordance with s. 119.15 and shall stand 78
repealed on October 2, 2031, unless reviewed and saved from 79
repeal through reenactment by the Legislature. 80
Section 2. Section 397.6760, Florida Statutes, is amended 81
to read: 82
397.6760 Court proceedings and records; confidentiality.— 83
(1) Absent a judicial finding of good cause or the 84
respondent's consent, all hearings under this part or part IV 85
are confidential and closed to the public. 86
(2)(a) The respondent's name, at trial and on appeal, and 87
all petitions or applications for voluntary and involuntary 88
substance abuse treatment or assessment and stabilization, court 89
orders, and related records that are filed with or by a court 90
under this part or part IV are confidential and exempt from s. 91
119.07(1) and s. 24(a), Art. I of the State Constitution. 92
Pleadings and other documents made confidential and exempt by 93
this section may be disclosed by the clerk of the court, upon 94
request, to any of the following: 95
1.(a) The petitioner. 96
2.(b) The petitioner's attorney. 97
3.(c) The respondent. 98
4.(d) The respondent's attorney. 99
5.(e) The respondent's guardian or guardian advocate, if 100
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applicable. 101
6.(f) In the case of a minor respondent, the respondent's 102
parent, guardian, legal custodian, or guardian advocate. 103
7.(g) The respondent's treating health care practitioner 104
and service provider. 105
8.(h) The respondent's health care surrogate or proxy. 106
9.(i) The Department of Children and Families, without 107
charge. 108
10.(j) The Department of Corrections, without charge, if 109
the respondent is committed or is to be returned to the custody 110
of the Department of Corrections from the Department of Children 111
and Families. 112
11.(k) A person or an entity authorized to view records 113
upon a court order for good cause. In determining whether if 114
there is good cause for the disclosure of records, the court 115
must weigh the person's person or entity's need for the 116
information against potential harm to the respondent from the 117
disclosure. 118
(b)(2) This subsection section does not preclude the clerk 119
of the court from submitting the information required by s. 120
790.065 to the Department of Law Enforcement. 121
(c)(3) The clerk of the court may not publish personal 122
identifying information on a court docket or in a publicly 123
accessible file, but the court may use the respondent's name to 124
schedule and adjudicate cases, including the transmission of any 125
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court order to the parties or the service provider. 126
(d)(4) A person or an entity receiving information 127
pursuant to this subsection section shall maintain that 128
information as confidential and exempt from s. 119.07(1) and s. 129
24(a), Art. I of the State Constitution. 130
(e)(5) The exemption under this subsection section applies 131
to all documents filed with a court before, on, or after July 1, 132
2017, and appeals pending or filed on or after July 1, 2026. 133
(f) This subsection is subject to the Open Government 134
Sunset Review Act in accordance with s. 119.15 and shall stand 135
repealed on October 2, 2031, unless reviewed and saved from 136
repeal through reenactment by the Legislature. 137
Section 3. (1) The Legislature finds that it is a public 138
necessity that court hearings and administrative hearings under 139
part I of chapter 394 and court hearings under part IV or part V 140
of chapter 397, Florida Statutes, be made confidential and 141
closed to the public unless the court or administrative law 142
judge, as applicable, finds good cause to open a hearing to the 143
public or the respondent consents to a hearing being open to the 144
public. The mental health or substance abuse disorders of a 145
person are medical conditions that should be protected from 146
public disclosure. A person's health and sensitive personal 147
information regarding his or her mental health or substance 148
abuse disorders are intensely private matters. Making hearings 149
confidential and closed to the public when such disorders, 150
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conditions, and personal information may be communicated will 151
protect such persons from the release of sensitive personal 152
information that could damage their and their families' 153
reputations. Allowing public hearings relating to such 154
information defeats the purpose of protections otherwise 155
provided. Further, the knowledge that such sensitive personal 156
information is subject to disclosure could have a chilling 157
effect on a person's willingness to seek out and comply with 158
mental health or substance abuse treatment services. 159
(2) The Legislature finds that it is a public necessity 160
that the respondent's name, at a hearing or on appeal, and all 161
applications or petitions for voluntary and involuntary 162
examination, treatment, or assessment and stabilization; court 163
orders; and related records that are filed with or by a court 164
under part I of chapter 394, Florida Statutes, or part IV or 165
part V of chapter 397, Florida Statutes, be made confidential 166
and exempt from disclosure under s. 119.07(1), Florida Statutes, 167
and s. 24(a), Article I of the State Constitution. Further, 168
because certain proceedings under part I of chapter 394, Florida 169
Statutes, may be conducted before the Division of Administrative 170
Hearings rather than a court, it is a public necessity that the 171
same protections apply to records held by the Division of 172
Administrative Hearings to the same extent as records held by a 173
court. The mental health or substance abuse disorders of a 174
person are medical conditions that should be protected from 175
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public disclosure. A person's health and sensitive personal 176
information regarding his or her mental health or substance 177
abuse disorders are intensely private matters. Making such 178
specified information confidential and exempt from disclosure 179
will prevent the release of sensitive personal information that 180
could damage a person's or his or her families' reputations. The 181
publication of a respondent's name on a physical or virtual 182
docket, regardless of whether any other record is published, 183
defeats the purpose of protections otherwise provided. Further, 184
the knowledge that such sensitive personal information is 185
subject to disclosure could have a chilling effect on a person's 186
willingness to seek out and comply with mental health or 187
substance abuse treatment services. 188
Section 4. This act shall take effect July 1, 2026. 189