Florida Senate - 2014                                     SB 520
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00421-14                                            2014520__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         466.051, F.S.; providing an exemption from public
    4         records requirements for information contained in
    5         dental workforce surveys submitted by dentists or
    6         dental hygienists to the Department of Health;
    7         providing exceptions to the exemption; providing for
    8         future legislative review and repeal of the exemption
    9         under the Open Government Sunset Review Act; providing
   10         a statement of public necessity; providing an
   11         effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 466.051, Florida Statutes, is created to
   16  read:
   17         466.051 Confidentiality of certain information contained in
   18  dental workforce surveys.—
   19         (1) Personal identifying information that is contained in a
   20  record provided by a dentist or dental hygienist licensed under
   21  this chapter in response to a dental workforce survey and held
   22  by the Department of Health is confidential and exempt from s.
   23  119.07(1) and s. 24(a), Art. I of the State Constitution.
   24  Personal identifying information in such a record:
   25         (a) Shall be disclosed with the express written consent of
   26  the individual to whom the information pertains or the
   27  individual’s legally authorized representative.
   28         (b) Shall be disclosed by court order upon a showing of
   29  good cause.
   30         (c) May be disclosed to a research entity, if the entity
   31  seeks the records or data pursuant to a research protocol
   32  approved by the Department of Health, maintains the records or
   33  data in accordance with the approved protocol, and enters into a
   34  purchase and data-use agreement with the department, the fee
   35  provisions of which are consistent with s. 119.07(4). The
   36  department may deny a request for records or data if the
   37  protocol provides for intrusive follow-back contacts, does not
   38  plan for the destruction of the confidential records after the
   39  research is concluded, is administratively burdensome, or does
   40  not have scientific merit. The agreement must prohibit the
   41  release of information by the research entity which would
   42  identify individuals, limit the use of records or data to the
   43  approved research protocol, and prohibit any other use of the
   44  records or data. Copies of records or data issued pursuant to
   45  this paragraph remain the property of the department.
   46         (2) This section is subject to the Open Government Sunset
   47  Review Act in accordance with s. 119.15 and shall stand repealed
   48  on October 2, 2019, unless reviewed and saved from repeal
   49  through reenactment by the Legislature.
   50         Section 2. The Legislature finds that it is a public
   51  necessity that personal identifying information that is
   52  contained in a record provided by a dentist or dental hygienist
   53  licensed under chapter 466, Florida Statutes, who responds to a
   54  dental workforce survey be made confidential and exempt from
   55  disclosure. Candid and honest responses by licensed dentists or
   56  dental hygienists to the workforce survey will ensure that
   57  timely and accurate information is available to the Department
   58  of Health. The Legislature finds that the failure to maintain
   59  the confidentiality of such personal identifying information
   60  would prevent the resolution of important state interests to
   61  ensure the availability of dentists or dental hygienists in this
   62  state.
   63         Section 3. This act shall take effect upon becoming a law.