Florida Senate - 2011                                    SB 1192
       
       
       
       By Senator Rich
       
       
       
       
       34-00603A-11                                          20111192__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         1004.55, F.S.; providing an exemption from public
    4         records requirements for all records that relate to a
    5         client of a regional autism center, the client’s
    6         family, or a teacher or other professional who
    7         receives the services of a center or participates in
    8         center activities; providing for release of specified
    9         confidential and exempt information by a center under
   10         certain circumstances; providing for review and repeal
   11         of the exemption; providing a statement of public
   12         necessity; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (6) is added to section 1004.55,
   17  Florida Statutes, to read:
   18         1004.55 Regional autism centers; public-records exemption.—
   19         (6)(a)1. All records that relate to a client of a regional
   20  autism center, the client’s family, or a teacher or other
   21  professional who receives the services of a center or
   22  participates in center activities are confidential and exempt
   23  from s. 119.07(1) and s. 24(a), Art. I of the State
   24  Constitution.
   25         2. A client who receives the services of a center, if
   26  competent, or the client’s parent or legal guardian if the
   27  client is incompetent shall be provided with a copy of the
   28  client’s individual records upon request.
   29         (b) A regional autism center may release records or
   30  information contained in records made confidential and exempt
   31  under paragraph (a) as follows:
   32         1. Records may be released to physicians, attorneys, and
   33  governmental entities having need of the record to aid a client,
   34  as authorized by the client, if competent, or the client’s
   35  parent or legal guardian if the client is incompetent.
   36         2. Records shall be produced in response to a subpoena or
   37  released to persons authorized by order of court.
   38         3. A record or any part thereof that is abstracted in such
   39  a way as to remove any personally identifiable information may
   40  be disclosed to a qualified researcher, the State Board of
   41  Education, or the Florida Board of Governors when the director
   42  of the center deems it necessary for the treatment of the
   43  client, maintenance of adequate records, compilation of
   44  treatment data, or evaluation of programs.
   45         4. Information from the records may be used for statistical
   46  and research purposes by the director of the center or designee;
   47  provided, however, that any personally identifiable information
   48  is removed in the reporting of such statistical or research
   49  data.
   50         (c) This subsection is subject to the Open Government
   51  Sunset Review Act in accordance with s. 119.15 and shall stand
   52  repealed on October 2, 2016, unless reviewed and saved from
   53  repeal through reenactment by the Legislature.
   54         Section 2. The Legislature finds that it is a public
   55  necessity that all records that relate to a client of a regional
   56  autism center, the client’s family, or a teacher or other
   57  professional who receives the services of a center or
   58  participates in center activities be held confidential and
   59  exempt from public-records requirements. Matters of personal
   60  health are traditionally private and confidential concerns
   61  between the patient and the health care provider. The private
   62  and confidential nature of personal health matters pervades both
   63  the public and private health care sectors. For these reasons,
   64  the individual’s expectation of and right to privacy in all
   65  matters regarding his or her personal health necessitates this
   66  exemption. The Legislature further finds that it is a public
   67  necessity to protect records regarding clients of a regional
   68  autism center, the client’s family, or a teacher or other
   69  professional who receives the services of a center or
   70  participates in center activities because the release of such
   71  records could be defamatory to the client or could cause
   72  unwarranted damage to the name or reputation of that client or
   73  the client’s family. Information contained in records and
   74  communications of a regional autism center relating to the
   75  condition of autism or related disorders contains sensitive
   76  personal information that, if released, could cause harm to a
   77  client of the center or his or her family. Protecting such
   78  records and the identity of a teacher or professional who
   79  receives the services of a center or participates in center
   80  activities ensures an environment in which the discussion of the
   81  condition of autism or related disorders can be conducted in a
   82  free and open manner, thus enabling individuals with autism and
   83  their families to receive appropriate diagnostic and treatment
   84  information and cope more effectively with the enormous
   85  challenges posed by neurodevelopmental disorders and sensory
   86  impairments.
   87         Section 3. This act shall take effect July 1, 2011.