|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 945.10945.10 Confidential information.—(1) Except as otherwise provided by law or in this section, the following records and information held by the Department of Corrections are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution:(a)1. Mental health, medical, or substance abuse records of an inmate or an offender; and 2. Protected health information of an inmate or an offender. Protected health information, as used in this section, has the same meaning as provided in 45 C.F.R. s. 160.103. (b) Preplea, pretrial intervention, and presentence or postsentence investigative records, except as provided in s. 960.001(1)(g). (c) Information regarding a person in the federal witness protection program. (d) Florida Commission on Offender Review records which are confidential or exempt from public disclosure by law. (e) Information which if released would jeopardize a person’s safety. (f) Information concerning a victim’s statement and identity. (g) Information which identifies an executioner, or any person prescribing, preparing, compounding, dispensing, or administering a lethal injection. (h) The identity of any inmate or offender upon whom an HIV test has been performed and the inmate’s or offender’s test results, in accordance with s. 381.004. The term “HIV test” has the same meaning as provided in s. 381.004. (i) Records that are otherwise confidential or exempt from public disclosure by law. (j)1. Information or records that identify or could reasonably lead to the identification of any person or entity that participates in, has participated in, or will participate in an execution, including persons or entities administering, compounding, dispensing, distributing, maintaining, manufacturing, ordering, preparing, prescribing, providing, purchasing, or supplying drugs, chemicals, supplies, or equipment necessary to conduct an execution in compliance with chapter 922. 2. The exemption in subparagraph 1. applies to information and records held by the department before, on, or after the effective date of the exemption. 3. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature. (2) The records and information specified in paragraphs (1)(a)-(i) may be released as follows unless expressly prohibited by federal law:(a) Information specified in paragraphs (1)(b), (d), and (f) to the Executive Office of the Governor, the Legislature, the Florida Commission on Offender Review, the Department of Children and Families, a contractor-operated correctional facility or program that operates under a contract, the Department of Legal Affairs, a state attorney, the court, or a law enforcement agency. A request for records or information pursuant to this paragraph need not be in writing. (b) Information specified in paragraphs (1)(c), (e), and (i) to the Executive Office of the Governor, the Legislature, the Florida Commission on Offender Review, the Department of Children and Families, a contractor-operated correctional facility or program that operates under contract, the Department of Legal Affairs, a state attorney, the court, or a law enforcement agency. A request for records or information pursuant to this paragraph must be in writing and a statement provided demonstrating a need for the records or information. (c) Information specified in paragraph (1)(b) to an attorney representing an inmate under sentence of death, except those portions of the records containing a victim’s statement or address, or the statement or address of a relative of the victim. A request for records of information pursuant to this paragraph must be in writing and a statement provided demonstrating a need for the records or information. (d) Information specified in paragraph (1)(b) to a public defender or a criminal conflict and civil regional counsel representing a defendant, except those portions of the records containing a victim’s statement or address, or the statement or address of a relative of the victim. A request for records or information pursuant to this paragraph need not be in writing. (e) Information specified in paragraph (1)(b) to state or local governmental agencies. A request for records or information pursuant to this paragraph must be in writing and a statement provided demonstrating a need for the records or information. (f) Information specified in paragraph (1)(b) to a person conducting legitimate research. A request for records and information pursuant to this paragraph must be in writing, the person requesting the records or information must sign a confidentiality agreement, and the department must approve the request in writing. (g) Protected health information and records specified in paragraphs (1)(a) and (h) to the Department of Health and the county health department where an inmate plans to reside if he or she has tested positive for the presence of the antibody or antigen to human immunodeficiency virus infection or as authorized in s. 381.004. (h) Protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) to the Executive Office of the Governor, the Correctional Medical Authority, and the Department of Health for health care oversight activities authorized by state or federal law, including audits; civil, administrative, or criminal investigations; or inspections relating to the provision of health services, in accordance with 45 C.F.R. part 164, subpart E. (i) Protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) to a state attorney, a state court, or a law enforcement agency conducting an ongoing criminal investigation, if the inmate agrees to the disclosure and provides written consent or, if the inmate refuses to provide written consent, in response to an order of a court of competent jurisdiction, a subpoena, including a grand jury, investigative, or administrative subpoena, a court-ordered warrant, or a statutorily authorized investigative demand or other process as authorized by law, in accordance with 45 C.F.R. part 164, subpart E, provided that:1. The protected health information and records sought are relevant and material to a legitimate law enforcement inquiry; 2. There is a clear connection between the investigated incident and the inmate whose protected health information and records are sought; 3. The request is specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information or records are sought; and 4. Deidentified information could not reasonably be used. (j) Protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) of an inmate who is or is suspected of being the victim of a crime, to a state attorney or a law enforcement agency if the inmate agrees to the disclosure and provides written consent or if the inmate is unable to agree because of incapacity or other emergency circumstance, in accordance with 45 C.F.R. part 164, subpart E, provided that:1. Such protected health information and records are needed to determine whether a violation of law by a person other than the inmate victim has occurred; 2. Such protected health information or records are not intended to be used against the inmate victim; 3. The immediate law enforcement activity that depends upon the disclosure would be materially and adversely affected by waiting until the inmate victim is able to agree to the disclosure; and 4. The disclosure is in the best interests of the inmate victim, as determined by the department. (k) Protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) to a state attorney or a law enforcement agency if the department believes in good faith that the information and records constitute evidence of criminal conduct that occurred in a correctional institution or facility, in accordance with 45 C.F.R. part 164, subpart E, provided that:1. The protected health information and records disclosed are specific and limited in scope to the extent reasonably practicable in light of the purpose for which the information or records are sought; 2. There is a clear connection between the criminal conduct and the inmate whose protected health information and records are sought; and 3. Deidentified information could not reasonably be used. (l) Protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) to the Division of Risk Management of the Department of Financial Services, in accordance with 45 C.F.R. part 164, subpart E, upon certification by the Division of Risk Management that such information and records are necessary to investigate and provide legal representation for a claim against the Department of Corrections. (m) Protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) of an inmate who is bringing a legal action against the department, to the Department of Legal Affairs or to an attorney retained to represent the department in a legal proceeding, in accordance with 45 C.F.R. part 164, subpart E. (n) Protected health information and mental health, medical, or substance abuse records of an inmate as specified in paragraph (1)(a) to another correctional institution or facility or law enforcement official having lawful custody of the inmate, in accordance with 45 C.F.R. part 164, subpart E, if the protected health information or records are necessary for:1. The provision of health care to the inmate; 2. The health and safety of the inmate or other inmates; 3. The health and safety of the officers, employees, or others at the correctional institution or facility; 4. The health and safety of the individuals or officers responsible for transporting the inmate from one correctional institution, facility, or setting to another; 5. Law enforcement on the premises of the correctional institution or facility; or 6. The administration and maintenance of the safety, security, and good order of the correctional institution or facility. (o) Protected health information and mental health, medical, or substance abuse records of an inmate as specified in paragraph (1)(a) to the Department of Children and Families and the Florida Commission on Offender Review, in accordance with 45 C.F.R. part 164, subpart E, if the inmate received mental health treatment while in the custody of the Department of Corrections and becomes eligible for release under supervision or upon the end of his or her sentence. (p) Notwithstanding s. 456.057 and in accordance with 45 C.F.R. part 164, subpart E, protected health information and mental health, medical, or substance abuse records specified in paragraph (1)(a) of a deceased inmate or offender to an individual with authority to act on behalf of the deceased inmate or offender, upon the individual’s request. For purposes of this section, the following individuals have authority to act on behalf of a deceased inmate or offender only for the purpose of requesting access to such protected health information and records:1. A person appointed by a court to act as the personal representative, executor, administrator, curator, or temporary administrator of the deceased inmate’s or offender’s estate; 2. If a court has not made a judicial appointment under subparagraph 1., a person designated by the inmate or offender to act as his or her personal representative in a last will that is self-proved under s. 732.503; or 3. If a court has not made a judicial appointment under subparagraph 1. or if the inmate or offender has not designated a person in a self-proved last will as provided in subparagraph 2., only the following individuals:a. A surviving spouse. b. If there is no surviving spouse, a surviving adult child of the inmate or offender. c. If there is no surviving spouse or adult child, a parent of the inmate or offender. (q) All requests for access to a deceased inmate’s or offender’s protected health information or mental health, medical, or substance abuse records specified in paragraph (1)(a) must be in writing and must be accompanied by the following:1. If made by a person authorized under subparagraph (p)1., a copy of the letter of administration and a copy of the court order appointing such person as the representative of the inmate’s or offender’s estate. 2. If made by a person authorized under subparagraph (p)2., a copy of the self-proved last will designating the person as the inmate’s or offender’s representative. 3. If made by a person authorized under subparagraph (p)3., a letter from the person’s attorney verifying the person’s relationship to the inmate or offender and the absence of a court-appointed representative and self-proved last will. Records and information released under this subsection remain confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution when held by the receiving person or entity. (3) Due to substantial concerns regarding institutional security and unreasonable and excessive demands on personnel and resources if an inmate or an offender has unlimited or routine access to records of the Department of Corrections, an inmate or an offender who is under the jurisdiction of the department may not have unrestricted access to the department’s records or to information contained in the department’s records. However, except as to another inmate’s or offender’s records, the department may permit limited access to its records if an inmate or an offender makes a written request and demonstrates an exceptional need for information contained in the department’s records and the information is otherwise unavailable. Exceptional circumstances include, but are not limited to:(a) The inmate or offender requests documentation to resolve a conflict between the inmate’s court documentation and the commitment papers or court orders received by the department regarding the inmate or offender. (b) The inmate’s or offender’s release is forthcoming and a prospective employer requests, in writing, documentation of the inmate’s or offender’s work performance. (c) The inmate or offender needs information concerning the amount of victim restitution paid during the inmate’s or offender’s incarceration. (d) The requested records contain information required to process an application or claim by the inmate or offender with the Internal Revenue Service, the Social Security Administration, the Department of Commerce, or any other similar application or claim with a state agency or federal agency. (e) The inmate or offender wishes to obtain the current address of a relative whose address is in the department’s records and the relative has not indicated a desire not to be contacted by the inmate or offender. (f) Other similar circumstances that do not present a threat to the security, order, or rehabilitative objectives of the correctional system or to any person’s safety. (4) The Department of Corrections shall adopt rules to prevent disclosure of confidential records or information to unauthorized persons. (5) The Department of Corrections and the Florida Commission on Offender Review shall mutually cooperate with respect to maintaining the confidentiality of records that are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (6) This section does not limit any right to obtain records by subpoena or other court process. History.—s. 10, ch. 57-213; s. 18, ch. 61-530; s. 1, ch. 65-453; ss. 19, 35, ch. 69-106; s. 24, ch. 74-112; s. 255, ch. 77-104; s. 87, ch. 79-3; s. 1, ch. 88-118; s. 56, ch. 88-122; s. 1, ch. 94-83; s. 448, ch. 96-406; s. 2, ch. 98-4; s. 314, ch. 99-8; s. 1, ch. 99-263; s. 2, ch. 2000-1; s. 3, ch. 2002-292; s. 3, ch. 2003-272; s. 43, ch. 2010-117; s. 446, ch. 2011-142; s. 324, ch. 2014-19; s. 37, ch. 2014-191; s. 1, ch. 2017-114; s. 1, ch. 2022-87; s. 1, ch. 2022-115; s. 13, ch. 2022-195; s. 239, ch. 2024-6; s. 37, ch. 2024-84.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 945.10
Total Results: 42
2 So. 3d 194, 34 Fla. L. Weekly Supp. 71, 2009 Fla. LEXIS 131, 2009 WL 196379
Supreme Court of Florida | Filed: Jan 29, 2009 | Docket: 7826
Cited 26 times | Published
under 42 U.S.C. § 1983 (2000); (3) claims that section 945.10, Florida Statutes (2007), as interpreted by
821 So. 2d 388, 2002 WL 1483806
District Court of Appeal of Florida | Filed: Jul 12, 2002 | Docket: 1235774
Cited 24 times | Published
analyzed a public records exemption provided in section 945.10(1)(e), Florida Statutes (1999), which exempted
992 So. 2d 120, 2008 WL 4148992
Supreme Court of Florida | Filed: Sep 10, 2008 | Docket: 401215
Cited 21 times | Published
Florida Statutes is unconstitutional, (3) section 945.10, Florida Statutes is unconstitutional, (4)
753 So. 2d 1244, 2000 WL 218114
Supreme Court of Florida | Filed: Feb 22, 2000 | Docket: 1433386
Cited 21 times | Published
unconstitutional public record exemptions contained in section 945.10(1)(e), Florida Statutes (1999), and chapters
695 So. 2d 501, 25 Media L. Rep. (BNA) 2214
District Court of Appeal of Florida | Filed: Jun 13, 1997 | Docket: 1522082
Cited 21 times | Published
afforded to medical and substance abuse records by section 945.10(1), Florida Statutes (1995). The latter issue
45 So. 3d 444, 35 Fla. L. Weekly Supp. 389, 2010 Fla. LEXIS 1050, 2010 WL 2606029
Supreme Court of Florida | Filed: Jul 1, 2010 | Docket: 2401095
Cited 12 times | Published
challenges under 42 U.S.C. § 1983; (3) claims that section 945.10, Florida Statutes (2007), as interpreted by
57 So. 3d 828, 36 Fla. L. Weekly Supp. 11, 2011 Fla. LEXIS 2, 2011 WL 31380
Supreme Court of Florida | Filed: Jan 6, 2011 | Docket: 60299167
Cited 9 times | Published
injection protocols are unconstitutional; (5) section 945.10, Florida Statutes (2008), is unconstitutional;
386 So. 2d 295
District Court of Appeal of Florida | Filed: Jul 24, 1980 | Docket: 477417
Cited 9 times | Published
designed "to serve the needs of both agencies." § 945.10(3), Fla. Stat. (1979), states: "The Department
224 So. 3d 695
Supreme Court of Florida | Filed: Aug 14, 2017 | Docket: 6137441
Cited 8 times | Published
execution team is supported by statutory and case law. § 945.10(g), Fla. Stat. (2017); Muhammad v. State, 132
124 So. 3d 865, 2013 WL 3214434
Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60235573
Cited 7 times | Published
injection is cruel and unusual punishment; (7) section 945.10, Florida Statutes, unconstitutionally prohibits
395 So. 2d 197
District Court of Appeal of Florida | Filed: Feb 13, 1981 | Docket: 1318121
Cited 7 times | Published
presumptive parole release date is readily apparent. Section 945.10(2), Fla. Stat. (1980), precludes an inmate
132 So. 3d 176
Supreme Court of Florida | Filed: Jan 3, 2014 | Docket: 400989
Cited 4 times | Published
efficacy of midazolam hydrochloride. Second, section 945.10 (g), Florida
Statutes (2013), makes the identity
184 So. 3d 478, 40 Fla. L. Weekly Supp. 531, 2015 Fla. LEXIS 2152, 2015 WL 5771838
Supreme Court of Florida | Filed: Oct 2, 2015 | Docket: 60253320
Cited 3 times | Published
Execution Team
Correll next contends that section 945.10, Florida Statutes (2014), which exempts from
211 So. 3d 866, 42 Fla. L. Weekly Supp. 67, 2017 WL 372081, 2017 Fla. LEXIS 191
Supreme Court of Florida | Filed: Jan 26, 2017 | Docket: 4574076
Cited 2 times | Published
injection protocol is unconstitutional; (4) Section 945.10, Florida Statutes (2013),
is unconstitutional;
146 So. 3d 1071, 2014 WL 1640219
Supreme Court of Florida | Filed: Apr 24, 2014 | Docket: 57240
Cited 2 times | Published
Lethal Injection Procedures, Coupled with Section 945.10, Florida Statutes, Which Prohibits Depar-vine
224 So. 3d 719
Supreme Court of Florida | Filed: Aug 31, 2017 | Docket: 6146158
Cited 1 times | Published
3d 176, 205 (Fla. 2013) (explaining that “section 945.10(g), Florida
Statutes (2013), makes the identity
151 So. 3d 1177, 39 Fla. L. Weekly Supp. 561, 2014 Fla. LEXIS 2754, 2014 WL 4458689
Supreme Court of Florida | Filed: Sep 11, 2014 | Docket: 1212084
Cited 1 times | Published
for a life sentence to be appropriate; (9) section 945.10, Florida Statutes, is unconstitutional because
147 So. 3d 504
Supreme Court of Florida | Filed: Jun 19, 2014 | Docket: 58841
Cited 1 times | Published
pain in violation of the Eighth Amendment, (2) section 945.10(l)(g), Florida Statutes, is unconstitutional
135 So. 3d 1040, 39 Fla. L. Weekly Supp. 62, 2014 WL 321817, 2014 Fla. LEXIS 376
Supreme Court of Florida | Filed: Jan 30, 2014 | Docket: 401474
Cited 1 times | Published
phases of his trial. Le-brón also alleged that section 945.10, Florida Statutes (2009), infringes on his
5 So. 3d 659, 34 Fla. L. Weekly Supp. 269, 2009 Fla. LEXIS 391, 2009 WL 617793
Supreme Court of Florida | Filed: Mar 12, 2009 | Docket: 1663270
Cited 1 times | Published
42 U.S.C. § 1983 (2000); and (3) claims that section 945.10, Florida Statutes (2008), as interpreted by
976 So. 2d 616, 2008 WL 312501
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 150008
Cited 1 times | Published
appellant contended that this rule, as well as section 945.10(3), Florida Statutes, is arbitrary and capricious
580 So. 2d 790, 1991 WL 65353
District Court of Appeal of Florida | Filed: Jun 26, 1991 | Docket: 2529201
Cited 1 times | Published
discretion, his version and explanation of the act.
Section 945.10(1), Florida Statutes (1989), provides:
Except
548 So. 2d 1167, 1989 WL 104023
District Court of Appeal of Florida | Filed: Sep 8, 1989 | Docket: 2405177
Cited 1 times | Published
claimed entitlement to these evaluations under Section 945.10(2), Florida Statutes (1988), and Diaz v. Florida
271 So. 3d 914
Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342339
Published
constitutes cruel and unusual punishment; (10) section 945.10, Florida Statutes (2018), is unconstitutional;
214 So. 3d 568, 42 Fla. L. Weekly Supp. 431, 2017 Fla. LEXIS 756
Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669812
Published
phases deprived Robards of a fair trial; (5) section 945.10, Florida Statutes (2006), which prohibits a
213 So. 3d 881, 42 Fla. L. Weekly Supp. 343, 2017 Fla. LEXIS 586
Supreme Court of Florida | Filed: Mar 16, 2017 | Docket: 4618307
Published
superior intelligence of his codefendant; (2) section 945.10, Florida Statutes, unconstitutionally withholds
Supreme Court of Florida | Filed: Nov 23, 2016 | Docket: 4544119
Published
superior
intelligence of his codefendant; (2) section 945.10, Florida Statutes,
unconstitutionally withholds
Supreme Court of Florida | Filed: Nov 23, 2016 | Docket: 4544119
Published
superior
intelligence of his codefendant; (2) section 945.10, Florida Statutes,
unconstitutionally withholds
186 So. 3d 530, 41 Fla. L. Weekly Supp. 5, 2016 Fla. LEXIS 67, 2016 WL 156966
Supreme Court of Florida | Filed: Jan 14, 2016 | Docket: 3028219
Published
punishment under the Eighth Amendment; and (10) section 945.10, Florida Statutes, which prohibits Appellant
Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171078
Published
Lethal Injection Procedures, Coupled with Section 945.10, Florida
Statutes, Which Prohibits Deparvine
147 So. 3d 469, 39 Fla. L. Weekly Supp. 398, 2014 WL 2516326, 2014 Fla. LEXIS 1806
Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 797244
Published
penalty phases entitle Jackson to relief; (22) section 945.10, Florida Statutes, which prohibits Jackson
147 So. 3d 469, 39 Fla. L. Weekly Supp. 398, 2014 WL 2516326, 2014 Fla. LEXIS 1806
Supreme Court of Florida | Filed: Jun 5, 2014 | Docket: 797244
Published
penalty phases entitle Jackson to relief; (22) section 945.10, Florida Statutes, which prohibits Jackson
143 So. 3d 408, 39 Fla. L. Weekly Supp. 330, 2014 WL 1923575, 2014 Fla. LEXIS 1627
Supreme Court of Florida | Filed: May 15, 2014 | Docket: 57427
Published
Ring;
(8) cumulative error; (9) section 945.10, Florida Statutes (2005), is unconstitutional
97 So. 3d 906, 2012 WL 3600248, 2012 Fla. App. LEXIS 14047
District Court of Appeal of Florida | Filed: Aug 23, 2012 | Docket: 60311999
Published
do not mean inmate access is non-existent. See § 945.10(3), Fla. Stat. (2012); Fla. Admin. Code R. 33-601
20 So. 3d 905, 2009 Fla. App. LEXIS 14076, 2009 WL 3013790
District Court of Appeal of Florida | Filed: Sep 23, 2009 | Docket: 2526511
Published
was subject to discretionary disclosure under section 945.10(3). The court concluded that Smith did not
707 So. 2d 340, 1997 Fla. App. LEXIS 12239, 1997 WL 716852
District Court of Appeal of Florida | Filed: Oct 31, 1997 | Docket: 64779594
Published
to all defendants in the future.
Pursuant to section 945.10(l)(b), Florida Statutes (Supp.1996), PSIs in
519 So. 2d 41, 13 Fla. L. Weekly 134, 1988 Fla. App. LEXIS 54, 1988 WL 794
District Court of Appeal of Florida | Filed: Jan 5, 1988 | Docket: 64632178
Published
from this court as to the constitutionality of section 945.10(2), Florida Statutes (1985),2 the statutory
Florida Attorney General Reports | Filed: Oct 17, 1984 | Docket: 3256129
Published
INVESTIGATION REPORT TO THE INMATE?
QUESTION ONE
Section 945.10(1), F.S., states that:
Except as provided
427 So. 2d 1016, 1983 Fla. App. LEXIS 18648
District Court of Appeal of Florida | Filed: Feb 14, 1983 | Docket: 64595518
Published
access to that report under the provisions of section 945.10. Finally, he has no right to be present at
426 So. 2d 1082, 1983 Fla. App. LEXIS 18522
District Court of Appeal of Florida | Filed: Jan 27, 1983 | Docket: 64595107
Published
Corrections’ files to which he had no access. See § 945.10(2), Fla.Stat.
Normally the Commission is entitled
419 So. 2d 1159, 1982 Fla. App. LEXIS 21334
District Court of Appeal of Florida | Filed: Sep 29, 1982 | Docket: 64592246
Published
in his Department of Corrections file, because § 945.10(2), Fla.Stat. (1981), prohibits revealing the
371 So. 2d 596
District Court of Appeal of Florida | Filed: Jun 8, 1980 | Docket: 64570429
Published
post-sentence investigation report. Florida Statute § 945.10(2), proscribes the relief sought as follows:
“No
