CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2002 WL 31870170
...ontrol, care, and treatment" of sexually violent predators and accomplishes its goal through the use of the least intrusive means. See State v. Johnson,
814 So.2d 390, 393 (Fla.2002)(holding constitutional right to privacy protects medical records). Section
394.921 provides: In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the state attorney for the...
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 44 Media L. Rep. (BNA) 2073, 2016 Fla. App. LEXIS 4928, 2016 WL 1239868
...ial court did not depart from the
essential requirements of law.
Lake claims that his annual review trial, a civil proceeding, should be closed
because the Treatment Progress Report from the commitment facility, which is
confidential pursuant to section 394.921, Florida Statutes (2015), will
necessarily be discussed at the hearing....
...the press or public to
proceedings or judicial branch records. “Review is by way of a petition for writ of
certiorari under Florida Rule of Appellate Procedure 9.100(d)(1). . . .” Times Pub. Co. v.
State,
903 So. 2d 322, 324 (Fla. 2d DCA 2005).
section
394.921 does not support closure of review proceedings....
...A bench trial was scheduled under section
394.918(4) for
January 27, 2016.
When Lake’s attorney learned that a local TV station intended to cover the
trial, he moved for a protective order to prohibit any outside parties from being
present in the courtroom. The motion relied on section
394.921, arguing that it
protected Lake from disclosure of treatment records.
The trial court allowed WTVJ-NBC6 to intervene and respond to Lake’s motion
for protective order....
...urt must use the
least restrictive closure necessary to accomplish its purpose.” Id.
Here, the potential introduction of treatment records into evidence or the trial
discussion of their contents does not require closure of a public proceeding.
Section 394.921 mandates that the records themselves be maintained under seal
unless ordered opened by the judge. This limited privacy interest does not
require that the press and public be barred from any discussion of treatment or
treatment records during a review hearing.
Section 394.921(1) provides for release of otherwise confidential medical
records to certain parties in Jimmy Ryce proceedings....
...Subsection (2) deals with
records that are submitted to the court or admitted into evidence, such as the
Treatment Progress Report at issue. Importantly, the statute expressly permits
the court to open any records admitted under the statute. The statute provides:
-3-
394.921 Release of records to agencies, multidisciplinary teams,
and state attorney.—
(1) In order to protect the public, relevant information and
records that are otherwise confidential or privileged shall be
rele...
...cords, or victim impact
statements that have been submitted to the court or admitted
into evidence under this part shall be part of the record but
shall be sealed and may be opened only pursuant to a court
order.
§ 394.921(emphasis added).
Although the judge has not ordered the opening of the treatment report at
issue, the statutory power of the judge to do so demonstrates that the legislature
has not provided for absolute confidentiality of the treatment records of sexual
predators....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal
...a court to seek such treatment. The petitioners have not offered any explanation regarding how these questions intrude into an area in which they have a legitimate expectation of privacy, nor have we been able to deduce one in light of the fact that section 394.921, Florida Statutes (2002), allows the disclosure of this type of information to, among others, the state attorney....
CopyPublished | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 11221
...a court to seek such treatment. The petitioners have not offered any explanation regarding how these questions intrude into an area in which they have a legitimate expectation of privacy, nor have we been able to deduce one in light of the fact that section 394.921, Florida Statutes (2002), allows the disclosure of this type of information to, among others, the state attorney....
