Is The Marchman Act Confidential?

Prior to July 1st, 2017, in many counties throughout the State of Florida, Marchman Act proceedings were deemed confidential by local administrative order. However, in some counties various legal pleadings had to be filed to request that the court protect and make confidential these proceedings. As of July 1st, 2017 Florida Statute 397.6760 became effective making all petitions for involuntary assessment and stabilization, court orders, and related records that are filed with or by a court under 397 confidential and exempt from s. 119.071(1) and s. 24(a), Art. I of the State Constitution. Pleadings and other documents made confidential and exempt by this section may however be disclosed by the clerk of the court, upon request, to any of the following: The petitioner, The petitioner’s attorney, The respondent, The respondent’s attorney, The respondent’s guardian or guardian advocate, if applicable. In the case of a minor respondent, the respondent’s parent, guardian, legal custodian, or guardian advocate. Also, the authorizes discloser to the respondent’s treating health care practitioner, the respondent’s health care surrogate or proxy, the Department of Children and Families, the Department of Corrections, 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.

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