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SB 856

Public Records/Sexual Assault Counselors

2025 Regular Session Introduced by Tina Polsky

SB 856 would shield sexual assault counselor-client communications from Florida's public records disclosure laws to protect survivor privacy.

Died in Children, Families, and Elder Affairs
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Bill Summary · SB 856

Legislative bill overview

SB 856 would modify Florida's public records laws to create a confidentiality exception for communications and records involving sexual assault counselors and their clients. The bill aims to protect the privacy of sexual assault survivors by shielding counselor-client communications from public disclosure under Florida's broad public records statute.

Why is this important

Sexual assault survivors often hesitate to seek counseling due to privacy concerns, and mandatory disclosure of their communications could deter future victims from accessing critical mental health services. This bill attempts to balance Florida's strong public records laws with victim privacy protections, similar to attorney-client and physician-patient privileges already recognized in law.

Potential points of contention

  • Public records tension: Florida has one of the nation's broadest public records laws; creating new exceptions requires demonstrating compelling public interest in confidentiality, which some argue weakens government transparency
  • Definition and scope: Unclear which counselors and organizations would qualify for the privilege, potentially creating loopholes or unequal protection depending on where survivors seek help
  • Implementation challenges: Law enforcement and prosecutors may argue the privilege could obstruct legitimate investigations into sexual assault crimes, creating conflicts between victim privacy and public safety

Compiled from official sources — confirm details with the bill’s official record.

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