THE BILL ITSELF
SB 876
Public Records and Public Meetings/Hearings Relating to Mental Health and Substance Abuse
Florida Senate - 2026 SB 876 By Senator Gaetz 1-01157-26 2026876__
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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.; providing
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that all hearings relating to mental health
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examination or treatment and substance abuse treatment
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or assessment and stabilization, respectively, are
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confidential and closed to the public; providing
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exceptions; providing that certain information is
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exempt from public records requirements; revising a
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public records exemption to include certain petitions
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and applications; authorizing disclosure of certain
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confidential and exempt documents to certain service
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providers; authorizing courts to use a respondent’s
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name for certain purposes; revising applicability;
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providing for future legislative review and repeal of
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the exemption; making technical changes; providing
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statements of public necessity; providing a contingent
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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 to
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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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shall 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 pursuant
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to this subsection section shall maintain that information as
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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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 Division
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of Administrative Hearings to the same extent as records held by
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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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shall 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 pursuant
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to this subsection section shall maintain that information as
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confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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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 under part I of chapter 394 and
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part IV or part V of chapter 397, Florida Statutes, be made
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confidential and closed to the public unless the court finds
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good cause to open a hearing to the public or the respondent
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consents to a hearing being open to the public. A person’s
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mental health or substance use disorders are medical conditions
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that should be protected from public disclosure. A person’s
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health and sensitive personal information regarding his or her
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mental health or substance use disorders are intensely private
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matters. Making hearings confidential and closed to the public
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when such disorders, conditions, and personal information may be
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communicated will protect such persons from the release of
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sensitive personal information that could damage their and their
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families’ 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 voluntary applications or petitions for involuntary
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examination or treatment, court orders, and related records that
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are filed with or by a court or relevant service provider under
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part I of chapter 394 and part IV or part V of chapter 397,
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Florida Statutes, and the personal identifying information of a
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person with a potential mental, emotional, or behavioral
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disorder or a substance use disorder which is published on a
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court docket and maintained by the clerk of the court under part
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I of chapter 394 and part IV or part V of chapter 397, Florida
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Statutes, or with the relevant service provider be made
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confidential and exempt from disclosure under s. 119.07(1),
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Florida Statutes, and s. 24(a), Article I of the State
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Constitution. The mental health or substance use 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 use
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disorders are intensely private matters. Making such
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applications, petitions, orders, records, and personal
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identifying information confidential and exempt from disclosure
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will 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. The publication of personal identifying information
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on a physical or virtual docket, regardless of whether any other
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record is published, defeats the purpose of protections
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otherwise provided. Further, the knowledge that such sensitive
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personal information is subject to disclosure could have a
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chilling effect on a person’s willingness to seek out and comply
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with mental health or substance abuse treatment services.
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Section 4. This act shall take effect July 1, 2026.