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Florida Statute 394.464 | Lawyer Caselaw & Research
F.S. 394.464 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 394.464

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
F.S. 394.464
394.464 Court records; confidentiality.—
(1) All 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. 119.07(1) and 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:
(a) The petitioner.
(b) The petitioner’s attorney.
(c) The respondent.
(d) The respondent’s attorney.
(e) The respondent’s guardian or guardian advocate, if applicable.
(f) In the case of a minor respondent, the respondent’s parent, guardian, legal custodian, or guardian advocate.
(g) The respondent’s treating health care practitioner.
(h) The respondent’s health care surrogate or proxy.
(i) The Department of Children and Families, without charge.
(j) The 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.
(k) A 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.
(2) This section does not preclude the clerk of the court from submitting the information required by s. 790.065 to the Department of Law Enforcement.
(3) The clerk of the court may not publish personal identifying information on a court docket or in a publicly accessible file.
(4) A person or entity receiving information pursuant to this section shall maintain that information as confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(5) The exemption under this section applies to all documents filed with a court before, on, or after July 1, 2019.
(6) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 2019-51.

F.S. 394.464 on Google Scholar

F.S. 394.464 on Casetext

Amendments to 394.464


Arrestable Offenses / Crimes under Fla. Stat. 394.464
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 394.464.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

  1. In re Amendments to Fla. Rule of Judicial Admin. 2.420

    284 So. 3d 964 (Fla. 2019)
    See ch. 2019-51, §§ 1-2, Laws of Fla. (creating § 394.464 (Court records; confidentiality), Fla. Stat.).

  2. In re Fla. Rule of Judicial Admin. 2.420

    285 So. 3d 870 (Fla. 2019)
    The Court amends rule 2.420(d)(1)(B)(viii) to add "all petitions, court orders, and related records under the Baker Act" as a category of court records that the clerk must designate and maintain as confidential under the rule. This amendment is in response to newly enacted section 394.464, Florida Statutes, which makes such Baker Act records confidential. See ch. 2019-51, §§ 1-2, Laws of Fla. (creating § 394.464 (Court records; confidentiality), Fla. Stat., effective July 1, 2019).

  3. L.A. v. State

    530 So. 2d 489 (Fla. Dist. Ct. App. 1988)   Cited 1 times
    There is evidence of record supporting the trial judge's determination that the criteria of Sections 394.467(1)(a)2.a and 394.464(1)(b), Florida Statutes, were met. The trial court's order of commitment is therefore supported by the record and it is not the prerogative of the appellate court to revisit that evidence. Specifically, Dr. Victor Mendoka, Chief of Psychiatry at University Hospital, testified that L.A. suffers from schizophrenic disorders, a mental illness, that she is not capable of surviving by herself or taking care of herself, that she is likely to suffer neglect, and that in his opinion, there is a danger or likelihood that she could inflict injury on herself or others.

    Cases from cite.case.law: