Florida HB 447: Pub. Rec. and Meetings/Mental Health and Substance Abuse

Bill Text

CS/HB 447 2026

CODING: Words stricken are deletions; words underlined are additions.
hb447-01-c1
Page 1 of 8
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

CODING: Words stricken are deletions; words underlined are additions.
hb447-01-c1
Page 2 of 8
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

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

CS/HB 447 2026

CODING: Words stricken are deletions; words underlined are additions.
hb447-01-c1
Page 3 of 8
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

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

CS/HB 447 2026

CODING: Words stricken are deletions; words underlined are additions.
hb447-01-c1
Page 4 of 8
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

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 heari