Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 1192 Barcode 112706 LEGISLATIVE ACTION Senate . House Comm: FAV . 04/12/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Regulation (Sobel) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 6 Section 1. Subsection (6) is added to section 1004.55, 7 Florida Statutes, to read: 8 1004.55 Regional autism centers; public-record exemptions.— 9 (6)(a) Client records.— 10 1. All records that relate to a client of a regional autism 11 center who receives the services of a center or participates in 12 center activities, and all records that relate to the client’s 13 family, are confidential and exempt from s. 119.07(1) and s. 14 24(a), Art. I of the State Constitution. 15 2. A client who receives the services of a center, if 16 competent, or the client’s parent or legal guardian if the 17 client is incompetent, shall be provided with a copy of the 18 client’s individual record upon request. 19 3. A regional autism center may release the confidential 20 and exempt records as follows: 21 a. To physicians, attorneys, or governmental entities 22 having need of the confidential and exempt information to aid a 23 client, as authorized by the client, if competent, or the 24 client’s parent or legal guardian if the client is incompetent. 25 b. In response to a subpoena or to persons authorized by 26 order of court. 27 c. To the State Board of Education or the Board of 28 Governors of the State University System when the director of 29 the center deems it necessary for the treatment of the client, 30 maintenance of adequate records, compilation of treatment data, 31 or evaluation of programs. 32 4. If personal identifying information of a client or the 33 client’s family has been removed, a regional autism center may 34 release information contained in the confidential and exempt 35 records as follows: 36 a. To a person engaged in bona fide research if that person 37 agrees to sign a confidentiality agreement with the regional 38 autism center, agrees to maintain the confidentiality of the 39 information received, and, to the extent permitted by law and 40 after the research has concluded, destroy any confidential 41 information obtained. 42 b. For statistical and research purposes by the director of 43 the center or designee, if any confidential and exempt 44 information is removed in the reporting of such statistical or 45 research data. 46 (b) Financial donor information.—Personal identifying 47 information of a donor or prospective donor to a regional autism 48 center who desires to remain anonymous is confidential and 49 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 50 Constitution. 51 (c) Review and repeal.—This subsection is subject to the 52 Open Government Sunset Review Act in accordance with s. 119.15 53 and shall stand repealed on October 2, 2016, unless reviewed and 54 saved from repeal through reenactment by the Legislature. 55 Section 2. (1) The Legislature finds that it is a public 56 necessity that all records that relate to a client of a regional 57 autism center who receives the services of a center or 58 participates in center activities, and all records that relate 59 to the client’s family, be made confidential and exempt from 60 public-records requirements. Matters of personal health are 61 traditionally private and confidential concerns between the 62 patient and the health care provider. The private and 63 confidential nature of personal health matters pervades both the 64 public and private health care sectors. For these reasons, the 65 individual’s expectation of and right to privacy in all matters 66 regarding his or her personal health necessitates this 67 exemption. The Legislature further finds that it is a public 68 necessity to protect records regarding clients of a regional 69 autism center or the client’s family, because the release of 70 such records could be defamatory to the client or could cause 71 unwarranted damage to the name or reputation of that client or 72 the client’s family. Information contained in records and 73 communications of a regional autism center relating to the 74 condition of autism or related disorders contain sensitive 75 personal information that, if released, could cause harm to a 76 client of the center or his or her family. Protecting such 77 records ensures an environment in which the discussion of the 78 condition of autism or related disorders can be conducted in a 79 free and open manner, thus enabling individuals with autism and 80 their families to receive appropriate diagnostic and treatment 81 information and cope more effectively with the enormous 82 challenges posed by neurodevelopmental disorders and sensory 83 impairments. 84 (2) The Legislature also finds that it is a public 85 necessity that personal identifying information of a donor or 86 prospective donor to a regional autism center be made 87 confidential and exempt from public-records requirements if such 88 donor or prospective donor desires to remain anonymous. If the 89 identity of a prospective or actual donor who desires to remain 90 anonymous is subject to disclosure, there is a chilling effect 91 on donations because donors are concerned about disclosure of 92 personal information leading to theft and, in particular, 93 identity theft, including personal safety and security. 94 Therefore, the Legislature finds that it is a public necessity 95 to make confidential and exempt from public-records requirements 96 information that would identify a donor or prospective donor to 97 a regional autism center if such donor or prospective donor 98 wishes to remain anonymous. 99 Section 3. This act shall take effect July 1, 2011. 100 101 ================= T I T L E A M E N D M E N T ================ 102 And the title is amended as follows: 103 104 Delete everything before the enacting clause 105 and insert: 106 A bill to be entitled 107 An act relating to public records; amending s. 108 1004.55, F.S.; providing an exemption from public 109 records requirements for all records that relate to a 110 client of a regional autism center who receives the 111 services of a center or participates in center 112 activities and the client’s family; providing for the 113 release of specified confidential and exempt 114 information by a center under certain circumstances; 115 providing an exemption from public-records 116 requirements for personal identifying information of a 117 donor or prospective donor to a regional autism center 118 if the donor or prospective donor wishes to remain 119 anonymous; providing for review and repeal of the 120 exemptions; providing a statement of public necessity; 121 providing an effective date.