Florida Statutes
Fla. Stat. § 945.10 (2025)
Confidential information.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
945.10 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 This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.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.
Notes of Decisions
Cited in 50
cases (9 in the last 5 years), 1980–2026 · leading case: Darling v. State, 45 So. 3d 444 (Fla. 2010).
Darling v. State, 45 So. 3d 444 (Fla. 2010). “§ 1983 ; (3) claims that section 945.10, Florida Statutes (2007), as interpreted by this Court, is unconstitutional because it prohibits him from discovering the identities of his executioners, which precludes him from determining the adequacy of their qualifications and…”
Michael L. King v. State of Florida, 211 So. 3d 866 (Fla. 2017). “ed the following claims in that motion: (1) trial counsel rendered ineffective assistance of counsel by failing to investigate King’s exposure to toxic substances; (2) trial counsel rendered ineffective assistance of counsel by failing to preserve a Batson3 challenge to the…”
Henyard v. State, 992 So. 2d 120 (Fla. 2008). “10, Florida Statutes is unconstitutional, (4) Florida's death penalty scheme is unreliable and violates the Eighth Amendment based on a September 17, 2006, report of the American Bar Association. On January 8, 2008, the trial court issued on order summarily denying each of…”
Bryan v. State, 753 So. 2d 1244 (Fla. 2000). “§ 945.10, Fla. Stat. (1999). The exemption satisfies the requirements established in article I, section 24 in that the legislature provided a specific public necessity for the exemption as follows: The Legislature finds that it is a public necessity that the department records…”
Troy v. State, 57 So. 3d 828 (Fla. 2011). “He contends that (1) trial counsel was ineffective for failing to prepare a penalty phase mitigation witness; (2) trial counsel was ineffective for failing to investigate, question and remove a juror from the jury panel; (3) trial counsel was ineffective for failing to properly…”
Mark James Asay v. State of Florida, 224 So. 3d 695 (Fla. 2017). “§ 945.10(g), Fla. Stat. (2017); Muhammad v.”
Correll v. State, 184 So. 3d 478 (Fla. 2015). “Identity and Background of Execution Team Correll next contends that section 945.10, Florida Statutes (2014), which exempts from public records law “[ijnforma tion which identifies an executioner, or any person prescribing, preparing, compounding, dispensing; or administering a…”
Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). “Second, section 945.10 (g), Florida Statutes (2013), makes the identity of the executioner and any persons preparing, dispensing, or administering lethal injection confidential.”
Ventura v. State, 2 So. 3d 194 (Fla. 2009). “§ 1983 (2000); (3) claims that section 945.10, Florida Statutes (2007), as interpreted by this Court, is unconstitutional because it prohibits him from discovering the identities of his executioners, which he contends precludes him from determining the adequacy of their…”
William James Deparvine v. State of Florida, 146 So. 3d 1071 (Fla. 2014). “Lethal Injection Procedures, Coupled with Section 945.10, Florida Statutes, Which Prohibits Depar-vine From Knowing the Identity of Specified Members of the Execution Team, Violate His Constitutional Rights.”
Wheeler v. State, 124 So. 3d 865 (Fla. 2013). “Raphael Perez, who saw Wheeler while he was in jail; (6) Florida’s method of lethal injection is cruel and unusual punishment; (7) section 945.10, Florida Statutes, unconstitutionally prohibits Wheeler from knowing the identity of his execution team members; (8) Wheeler’s…”
Joseph P. Smith v. State of Florida, 151 So. 3d 1177 (Fla. 2014). “have been applied in a vague and inconsistent manner; (8) Florida’s capital sentencing scheme is unconstitutional because it presumes that death is an appropriate sentence upon the finding of a single aggravating factor, and also requires a defendant to establish that the…”
— 945.10(1) — 4 cases
Bryan v. State, 753 So. 2d 1244 (Fla. 2000). “§ 945.10, Fla. Stat. (1999). The exemption satisfies the requirements established in article I, section 24 in that the legislature provided a specific public necessity for the exemption as follows: The Legislature finds that it is a public necessity that the department records…”
Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th DCA 1997).
Sheffield v. State, 580 So. 2d 790 (Fla. 1st DCA 1991).
Diaz v. Florida Dep't of Corr., 519 So. 2d 41 (Fla. 1st DCA 1988).
— 945.10(1)(a) — 2 cases
Melendez v. Inch (M.D. Fla. 2022).
Takach v. Taylor (M.D. Fla. 2025).
— 945.10(1)(e) — 7 cases
Bryan v. State, 753 So. 2d 1244 (Fla. 2000). “§ 945.10, Fla. Stat. (1999). The exemption satisfies the requirements established in article I, section 24 in that the legislature provided a specific public necessity for the exemption as follows: The Legislature finds that it is a public necessity that the department records…”
Campus Commc'ns, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002).
Anderson v. Palmer (M.D. Fla. 2024).
Davis v. Reddish (M.D. Fla. 2024).
Jackson v. Palmer (M.D. Fla. 2024).
— 945.10(1)(g) — 4 cases
Anderson v. Palmer (M.D. Fla. 2024).
Davis v. Reddish (M.D. Fla. 2024).
Jackson v. Palmer (M.D. Fla. 2024).
Brant v. Palmer (M.D. Fla. 2024).
— 945.10(2) — 7 cases
James v. Fla. Parole & Prob. Com'n, 395 So. 2d 197 (Fla. 1st DCA 1981).
Park v. Dugger, 548 So. 2d 1167 (Fla. 1st DCA 1989).
Rolle v. Florida Parole & Prob. Comm'n, 426 So. 2d 1082 (Fla. 1st DCA 1983).
Diaz v. Florida Dep't of Corr., 519 So. 2d 41 (Fla. 1st DCA 1988).
Arlotta v. Florida Parole & Prob. Comm'n, 419 So. 2d 1159 (Fla. 1st DCA 1982).
— 945.10(2)(d) — 1 case
Singletary v. Smith, 707 So. 2d 340 (Fla. 2d DCA 1997).
— 945.10(3) — 5 cases
Battis v. Florida Parole & Prob. Comm'n, 386 So. 2d 295 (Fla. 1st DCA 1980).
Smith v. Hernandez, 20 So. 3d 905 (Fla. 2d DCA 2009).
McKire v. Tucker, 97 So. 3d 906 (Fla. 1st DCA 2012).
Takach v. Taylor (M.D. Fla. 2025).
Brown v. McNeil, 976 So. 2d 616 (Fla. 1st DCA 2008).
— 945.10(6) — 1 case
Johnson v. Miller (M.D. Fla. 2023).
— 945.10(g) — 4 cases
Mark James Asay v. State of Florida, 224 So. 3d 695 (Fla. 2017). “§ 945.10(g), Fla. Stat. (2017); Muhammad v.”
& SC16-183 William A. Gregory v. State of Florida & William A. Gregory v. Julie L. Jones, etc., 224 So. 3d 719 (Fla. 2017).
Askari Abdullah Muhammad f/k/a Thomas Knight v. State of Florida, 132 So. 3d 176 (Fla. 2014). “Second, section 945.10 (g), Florida Statutes (2013), makes the identity of the executioner and any persons preparing, dispensing, or administering lethal injection confidential.”
Correll v. State, 184 So. 3d 478 (Fla. 2015). “Identity and Background of Execution Team Correll next contends that section 945.10, Florida Statutes (2014), which exempts from public records law “[ijnforma tion which identifies an executioner, or any person prescribing, preparing, compounding, dispensing; or administering a…”
— 945.10(l)(b) — 1 case
Singletary v. Smith, 707 So. 2d 340 (Fla. 2d DCA 1997).
— 945.10(l)(g) — 1 case
Derrick McLean v. State of Florida, 147 So. 3d 504 (Fla. 2014).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.