The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Ms. Bortolotti argues the inspection of ACTS and Gracepoint are essential for the jury to understand the circumstances and conditions she was exposed to during her involuntary commitment in 2017. (Doc. 65, pp. 3-4). Ms. Bortolotti asserts the request is relevant to her claims and the defendants' defenses. (Id. at p. 4). Ms. Bortolotti argues the inspections will enable her to determine whether the location and conditions comply with the right to individual dignity under Florida Statute § 397.501(1). (Id.). Ms. Bortolotti argue her requests "fall squarely within the kind of inspections that are permitted under Rule 34." (Id.). Ms. Bortolotti asserts the Gracepoint and ACTS have control over the locations to permit the inspection. (Id. at p. 5).
We also find no error in the district court's grant of summary judgment against Paylan's state law claims. Under Florida law, false imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." Fla. Stat. § 787.02(1)(a). The Marchman Act, however, provides a lawful mechanism to involuntary commit an individual if there is a good-faith reason to believe that she has lost self-control due to substance abuse and either (1) may cause harm to herself or others or (2) needs substance abuse services. Fla. Stat. § 397.675. A physician who acts "in good faith, reasonably, and without negligence" in instituting the Marchman Act "shall be free from all liability, civil or criminal, by reason of such acts." See Fla. Stat. § 397.501(10)(b).
(ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals., § 397.501(7), Fla. Stat. , and all petitions, court orders, and related records for involuntary assessment and stabilization of an individual, § 397.6760, Fla. Stat.
Robert Taylor and Concepts owed a duty to Gregory Chapman and Melissa Lagotte pursuant to Fla. Stat. §397.501 (3) to provide services suited to their needs, administered skillfully, safely, humanely with full respect for their dignity and personal integrity and in accordance with all statutes and regulatory requirements. Id. at ¶ 13. Robert Taylor and Concepts had a duty to provide the mental health and substance abuse counseling at a level of care, skill and treatment which in light of all relevant circumstances is recognized as acceptable and appropriate by reasonably prudent mental health and substance abuse counselors. Id. at ¶ 14. On August 5, 1999 plaintiffs filed a lawsuit in Hillsborough County against Taylor and Concepts: Case No. 99-06242, MARK CHAPMAN, individually and as Personal Representative of the ESTATE OF GREGORY CHAPMAN, deceased, and MARK CHAPMAN, individually and as Personal Representative of the ESTATE OF BARBARA CHAPMAN, deceased, and IRENE CHAPMAN, KATHY RUFF and WILLIAM RUFF, and MELISSA LAGOTTE, vs. ROBERT TAYLOR and RECOVERY, a/k/a RECOVERY CONCEPTS, INC. Id. at ¶ 16. The Complaint included claims of negligence against Taylor and Concepts…
Plaintiff is covered under Chapter 397 of the Florida Statutes because it is licensed under Chapter 397 to provide substance abuse services. Doc. 26-6 at 1-3. Plaintiff, therefore, is correct in that it is subject to the requirements of Section 397.501( 7), which makes its patient records exempt from the Public Records Act. Fla. Stat. § 397.501( 7)(a) ("the records of service providers which pertain to the identity, diagnosis, and prognosis of and service provision to any individual are confidential . . . [and] are exempt from s. 119.07(1) and s. 24(a), Article I of the State Constitution."). Plaintiff, however, is incorrect that it cannot release the records without the patients' written consents. Doc. 25 at 6. Plaintiff may release protected patient information subject to a few exceptions, including "court order based on application showing good cause for disclosure." Fla. Stat. § 397.501( 7)(a)(5). In finding good cause for disclosure, the court must examine "whether the public interest and the need for disclosure outweigh the potential injury to the individual, to the service provider and the individual, and to the service provider itself." Fla…
(ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals. § 397.501(7), Fla. Stat.
(ix) Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals who have received services from substance abuse service providers. § 397.501(7), Fla. Stat.
.Section 397.053 was repealed by chapter 93–39, section 49, Laws of Florida, effective Oct. 1, 1993. However, the 2011 version of the statutes contains section 397.501, which provides for the rights of clients receiving substance abuse services. Subsection 397.501(7)(a), Florida Statutes (2011) (emphasis added), provides for the confidentiality of records, with the following exceptions:
— Records of substance abuse service providers which pertain to the identity, diagnosis, and prognosis of and service provision to individuals who have received services from substance abuse service providers. § 397.501(7), Fla. Stat.
Cheryl Bennett seeks certiorari review of an order granting Joanne Marine, Inc.'s ("JMI") motion to compel the release of certain medical records protected by section 397.501(7)(a)5., Florida Statutes (2010). JM concedes that the order must be quashed and the matter remanded for a hearing.
. . . ix) currently lists records of substance abuse service providers that are confidential under section 397.501 . . . which pertain to -the identity, diagnosis, and. prognosis of and service provision to individuals., § 397.501 . . .
. . . . § 397.501(7), Fla. Stat. . . .
. . . . § 397.501(7), Fla. Stat. . . . nnd-service-provision to individuals who have received services feom-substonce abuse-service providers. § 397.501 . . .
. . . However, the 2011 version of the statutes contains section 397.501, which provides for the rights of . . . Subsection 397.501(7)(a), Florida Statutes (2011) (emphasis added), provides for the confidentiality . . .
. . . . § 397.501(7), Fla. . . .
. . . Marine, Inc.’s (“JMI”) motion to compel the release of certain medical records protected by section 397.501 . . .
. . . . § 397.501(7), Fla. . . .
. . . See § 397.501. . . . See § 397.501(10). That subsection does not appear to address the issue in this case. II. . . .
. . . He argues that the records are protected by section 397.501, Florida Statutes (2002). . . . The petitioner objected to the production and asserted privilege under section 397.501. . . . The court further found that “good cause” existed for the disclosure, pursuant to section 397.501(7)( . . .
. . . Jones, 445 U.S. 480, 100 S.Ct. 1254, 63 L.Ed.2d 552 (1980); see also § 397.501(8), Fla. . . .
. . . Section 397.501(7)(a)(5), Florida Statutes (2001), provides that records regarding a client’s substance . . .
. . . DCA 1999), but that case involved mental health treatment records covered by sections 394.4615 and 397.501 . . .
. . . As with the statute governing the release of mental health treatment records, § 397.501(7)(a)5 also provides . . . Moreover, the language of § 397.501(7)(a)5 which provides for the release of substance abuse treatment . . . Specifically, the language in § 397.501(7)(a)5 relating to substance abuse records provides that such . . . 42 U.S.C. § 290, the fact remains that in doing so, Respondent complies with the requirements of § 397.501 . . . identical requirement to obtain a court order for the release of substance abuse records found in § 397.501 . . .
. . . Section 397.501 of the Florida Statutes provides that alcohol treatment records are confidential, but . . . See § 397.501(7)(a)5, Fla. Stat. (1999). . . .
. . . two statutes which provide for the confidentiality of these records — section 394.4615 and section 397.501 . . . injury to the client, the service-provider-client relationship, and to the service provider itself.” § 397.501 . . .
. . . sought a protective order claiming the information was privileged and confidential pursuant to section 397.501 . . . Further, Yarborough argues that before any records can be ordered disclosed, section 397.501(7)(a)5 requires . . . do not, therefore, reach the merits of Yarborough’s second claim beyond acknowledging that section 397.501 . . . Section 397.501 (7)(a.)5 provides: The records of service providers which pertain to the identity, diagnosis . . .
. . . .-112, Florida Statutes (1991), and is now provided in section 397.501(7)(a)(5), Florida Statutes (1993 . . .