Senate Bill 0674
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 674
By Senator Brown-Waite
10-511-99
1 A bill to be entitled
2 An act relating to public records; providing an
3 exemption from public records requirements for
4 information about patients of home medical
5 equipment providers which is obtained by
6 employees or service providers or the licensing
7 agency; providing an exemption from public
8 records requirements for information obtained
9 by the Agency for Health Care Administration or
10 a home medical equipment provider in connection
11 with background screening of prospective
12 employees of the provider; providing for future
13 review and repeal; providing findings of public
14 necessity; providing a contingent effective
15 date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Information about patients of a home
20 medical equipment provider which is received by persons
21 employed by, or providing services to, a home medical
22 equipment provider or which is received by the licensing
23 agency through reports or inspection, is confidential and
24 exempt from the provisions of section 119.07(1), Florida
25 Statutes, and Section 24(a), Article I of the State
26 Constitution. This section is subject to the Open Government
27 Sunset Review Act of 1995 in accordance with section 119.15,
28 Florida Statutes, and shall stand repealed on October 2, 2004,
29 unless reviewed and saved from repeal through reenactment by
30 the Legislature.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 674
10-511-99
1 Section 2. The Legislature finds that exempting
2 information related to patients of home medical equipment
3 providers from the public records law requirements is a public
4 necessity in that the harm caused by the release of such
5 personal and sensitive information, which usually includes
6 medical information, outweighs any public benefit derived from
7 releasing such information.
8 Section 3. Information that is obtained by the Agency
9 for Health Care Administration or by a home medical equipment
10 provider in connection with background screening requirements
11 that apply to a prospective employee of a home medical
12 equipment provider is confidential and exempt from the
13 provisions of section 119.07(1), Florida Statutes, and Section
14 24(a), Article I of the State Constitution. This section is
15 subject to the Open Government Sunset Review Act of 1995 in
16 accordance with section 119.15, Florida Statutes, and shall
17 stand repealed on October 2, 2004, unless reviewed and saved
18 from repeal through reenactment by the Legislature.
19 Section 4. The Legislature finds that exempting
20 background screening information related to employees of home
21 medical equipment providers from the public records law
22 requirements is a public necessity in that the health and
23 safety of the public necessitates having available applicants
24 for positions as home medical equipment provider personnel,
25 and allowing such information concerning applicants to be
26 disseminated would have a chilling effect upon the willingness
27 to apply for such positions on the part of any person about
28 whom there is information of past misbehavior contained in
29 juvenile records or criminal records or in the central abuse
30 registry, even if the person were fully rehabilitated and
31 would be a suitable employee.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999 SB 674
10-511-99
1 Section 5. This act shall take effect on the same date
2 that Senate Bill 276 or similar legislation providing for the
3 licensure of home medical equipment providers takes effect, if
4 such legislation is adopted in the same legislative session or
5 an extension thereof.
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8 SENATE SUMMARY
9 Provides an exemption from public records requirements
for information about patients of home medical equipment
10 providers which is obtained by employees or service
providers or the licensing agency. Provides an exemption
11 from public records requirements for information obtained
by the Agency for Health Care Administration or a home
12 medical equipment provider in connection with background
screening of prospective employees of the provider.
13 Provides for future review and repeal. Provides findings
of public necessity.
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