THE BILL ITSELF
CS/HB 447
Pub. Rec. and Meetings/Mental Health and Substance Abuse
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A bill to be entitled
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An act relating to public records and public meetings;
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amending ss. 394.464 and 397.6760, F.S.; specifying
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that all hearings relating to mental health and
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substance abuse, respectively, are confidential and
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closed to the public; providing exceptions; exempting
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certain information from public records requirements;
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expanding a public records exemption to include
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certain petitions and applications; authorizing
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disclosure of certain confidential and exempt
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documents to certain service providers; authorizing
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courts to use a respondent's name for certain
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purposes; revising applicability; providing for future
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legislative review and repeal of the exemption; making
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technical changes; providing statements of public
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necessity; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 394.464, Florida Statutes, is amended
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to read:
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394.464 Court proceedings and records; confidentiality.—
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(1) Absent the respondent's consent or a finding of good
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cause by a judge or an administrative law judge, all hearings
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conducted under this part are confidential and closed to the
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public.
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(2)(a) The respondent's name, at a hearing or on appeal,
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and all petitions or applications for voluntary and involuntary
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admission for mental health examination or treatment, court
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orders, and related records that are filed with or by a court
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under this part are confidential and exempt from s. 119.07(1)
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and s. 24(a), Art. I of the State Constitution. Pleadings and
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other documents made confidential and exempt by this section may
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be disclosed by the clerk of the court, upon request, to any of
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the following:
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1.(a) The petitioner.
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2.(b) The petitioner's attorney.
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3.(c) The respondent.
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4.(d) The respondent's attorney.
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5.(e) The respondent's guardian or guardian advocate, if
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applicable.
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6.(f) In the case of a minor respondent, the respondent's
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parent, guardian, legal custodian, or guardian advocate.
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7.(g) The respondent's treating health care practitioner
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and service provider.
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8.(h) The respondent's health care surrogate or proxy.
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9.(i) The Department of Children and Families, without
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charge.
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10.(j) The Department of Corrections, without charge, if
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the respondent is committed or is to be returned to the custody
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of the Department of Corrections from the Department of Children
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and Families.
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11.(k) A person or an entity authorized to view records
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upon a court order for good cause. In determining whether if
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there is good cause for the disclosure of records, the court
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must weigh the person's person or entity's need for the
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information against potential harm to the respondent from the
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disclosure.
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(b)(2) This subsection section does not preclude the clerk
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of the court from submitting the information required by s.
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790.065 to the Department of Law Enforcement.
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(c)(3) The clerk of the court may not publish personal
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identifying information on a court docket or in a publicly
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accessible file, but the court may use the respondent's name to
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schedule and adjudicate cases, including the transmission of any
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court order to the parties or the service provider.
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(d)(4) A person or an entity receiving information
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pursuant to this subsection section shall maintain that
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information as confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution.
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(e)(5) The exemption under this subsection section applies
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to all documents filed with a court before, on, or after July 1,
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2019, and appeals pending or filed on or after July 1, 2026.
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(f) This subsection applies to records held by the
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Division of Administrative Hearings to the same extent as
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records held by a court.
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(g) This subsection is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2031, unless reviewed and saved from
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repeal through reenactment by the Legislature.
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Section 2. Section 397.6760, Florida Statutes, is amended
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to read:
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397.6760 Court proceedings and records; confidentiality.—
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(1) Absent a judicial finding of good cause or the
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respondent's consent, all hearings under this part or part IV
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are confidential and closed to the public.
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(2)(a) The respondent's name, at trial and on appeal, and
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all petitions or applications for voluntary and involuntary
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substance abuse treatment or assessment and stabilization, court
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orders, and related records that are filed with or by a court
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under this part or part IV are confidential and exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution.
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Pleadings and other documents made confidential and exempt by
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this section may be disclosed by the clerk of the court, upon
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request, to any of the following:
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1.(a) The petitioner.
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2.(b) The petitioner's attorney.
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3.(c) The respondent.
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4.(d) The respondent's attorney.
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5.(e) The respondent's guardian or guardian advocate, if
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applicable.
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6.(f) In the case of a minor respondent, the respondent's
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parent, guardian, legal custodian, or guardian advocate.
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7.(g) The respondent's treating health care practitioner
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and service provider.
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8.(h) The respondent's health care surrogate or proxy.
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9.(i) The Department of Children and Families, without
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charge.
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10.(j) The Department of Corrections, without charge, if
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the respondent is committed or is to be returned to the custody
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of the Department of Corrections from the Department of Children
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and Families.
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11.(k) A person or an entity authorized to view records
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upon a court order for good cause. In determining whether if
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there is good cause for the disclosure of records, the court
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must weigh the person's person or entity's need for the
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information against potential harm to the respondent from the
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disclosure.
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(b)(2) This subsection section does not preclude the clerk
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of the court from submitting the information required by s.
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790.065 to the Department of Law Enforcement.
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(c)(3) The clerk of the court may not publish personal
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identifying information on a court docket or in a publicly
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accessible file, but the court may use the respondent's name to
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schedule and adjudicate cases, including the transmission of any
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court order to the parties or the service provider.
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(d)(4) A person or an entity receiving information
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pursuant to this subsection section shall maintain that
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information as confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution.
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(e)(5) The exemption under this subsection section applies
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to all documents filed with a court before, on, or after July 1,
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2017, and appeals pending or filed on or after July 1, 2026.
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(f) This subsection is subject to the Open Government
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Sunset Review Act in accordance with s. 119.15 and shall stand
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repealed on October 2, 2031, unless reviewed and saved from
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repeal through reenactment by the Legislature.
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Section 3. (1) The Legislature finds that it is a public
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necessity that court hearings and administrative hearings under
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part I of chapter 394 and court hearings under part IV or part V
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of chapter 397, Florida Statutes, be made confidential and
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closed to the public unless the court or administrative law
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judge, as applicable, finds good cause to open a hearing to the
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public or the respondent consents to a hearing being open to the
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public. The mental health or substance abuse disorders of a
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person are medical conditions that should be protected from
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public disclosure. A person's health and sensitive personal
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information regarding his or her mental health or substance
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abuse disorders are intensely private matters. Making hearings
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confidential and closed to the public when such disorders,
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conditions, and personal information may be communicated will
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protect such persons from the release of sensitive personal
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information that could damage their and their families'
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reputations. Allowing public hearings relating to such
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information defeats the purpose of protections otherwise
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provided. Further, the knowledge that such sensitive personal
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information is subject to disclosure could have a chilling
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effect on a person's willingness to seek out and comply with
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mental health or substance abuse treatment services.
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(2) The Legislature finds that it is a public necessity
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that the respondent's name, at a hearing or on appeal, and all
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applications or petitions for voluntary and involuntary
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examination, treatment, or assessment and stabilization; court
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orders; and related records that are filed with or by a court
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under part I of chapter 394, Florida Statutes, or part IV or
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part V of chapter 397, Florida Statutes, be made confidential
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and exempt from disclosure under s. 119.07(1), Florida Statutes,
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and s. 24(a), Article I of the State Constitution. Further,
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because certain proceedings under part I of chapter 394, Florida
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Statutes, may be conducted before the Division of Administrative
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Hearings rather than a court, it is a public necessity that the
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same protections apply to records held by the Division of
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Administrative Hearings to the same extent as records held by a
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court. The mental health or substance abuse disorders of a
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person are medical conditions that should be protected from
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public disclosure. A person's health and sensitive personal
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information regarding his or her mental health or substance
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abuse disorders are intensely private matters. Making such
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specified information confidential and exempt from disclosure
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will prevent the release of sensitive personal information that
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could damage a person's or his or her families' reputations. The
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publication of a respondent's name on a physical or virtual
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docket, regardless of whether any other record is published,
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defeats the purpose of protections otherwise provided. Further,
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the knowledge that such sensitive personal information is
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subject to disclosure could have a chilling effect on a person's
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willingness to seek out and comply with mental health or
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substance abuse treatment services.
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Section 4. This act shall take effect July 1, 2026.