Senate Bill 2394c1
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Florida Senate - 2000 CS for SB 2394
By the Committee on Health, Aging and Long-Term Care; and
Senator Campbell
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1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; providing an exemption for home
4 addresses and home telephone numbers of certain
5 health care practitioners who work in
6 correctional facilities and who are licensed by
7 the Department of Health; amending s. 455.5656,
8 F.S.; providing exemption from public records
9 requirements for information obtained for
10 practitioner profiles of health care
11 practitioners not previously profiled; amending
12 s. 943.0585, F.S.; providing exemption from
13 public records requirements for expunged
14 criminal history information on health care
15 practitioners obtained for certain employment,
16 licensure, or contracting purposes; providing a
17 penalty; providing exemption from public
18 records requirements for identity of licensed
19 health professionals who are subject to a
20 compelled mental or physical examination;
21 providing for future review and repeal;
22 providing findings of public necessity;
23 providing a contingent effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Paragraph (dd) is added to subsection (3)
28 of section 119.07, Florida Statutes, to read:
29 119.07 Inspection, examination, and duplication of
30 records; exemptions.--
31 (3)
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1 (dd) The home addresses and home telephone numbers of
2 health care practitioners, as defined in s. 455.501(4),
3 working in any type of correctional facility, including any
4 prison or jail, or in any mental health facility, are exempt
5 from the provisions of subsection (1) and s. 24(a), Art. I of
6 the State Constitution.
7 Section 2. The Legislature finds that it is a public
8 necessity that the home addresses and home telephone numbers
9 of health care practitioners who work in any type of
10 correctional facility, including any prison or jail, or in any
11 mental health facility, be held confidential and exempt from
12 public records requirements because revealing such information
13 may pose an unnecessary risk to the safety and well-being of
14 such health care practitioners in their own homes from inmates
15 or clients of such facilities who seek such information to
16 stalk, intimidate, harass, or otherwise threaten or harm such
17 health care practitioners. The disclosure of such information
18 may also deter health care practitioners from seeking to work
19 in such facilities, which would be contrary to the state's
20 interest in ensuring the availability of health care services
21 in such facilities.
22 Section 3. Section 455.5656, Florida Statutes, is
23 amended to read:
24 455.5656 Practitioner's profiles; confidentiality.--
25 (1) Any patient name or other information that
26 identifies a patient which is in a record obtained by the
27 Department of Health or its agent for the purpose of compiling
28 a practitioner profile is confidential and exempt from the
29 provisions of chapter 119 and s. 24(a), Art. I of the State
30 Constitution. Other data received by the department or its
31 agent as a result of its duty to compile and promulgate
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1 practitioner profiles are confidential and exempt from the
2 provisions of chapter 119 and s. 24(a), Art. I of the State
3 Constitution until the profile into which the data are
4 incorporated or with respect to which the data are submitted
5 is made public. Any information or record that the Department
6 of Health obtains from the Agency for Health Care
7 Administration or any other governmental entity for the
8 purpose of compiling a practitioner profile or substantiating
9 other information or records submitted for that purpose and
10 that was exempt from the provisions of chapter 119 and s.
11 24(a), Art. I of the State Constitution does not lose that
12 character by coming into the possession of the Department of
13 Health, and such information or record continues to be exempt
14 from the provisions of chapter 119 and s. 24(a), Art. I of the
15 State Constitution.
16 (2)(a) The provisions of subsection (1) with respect
17 to practitioners who are subject to profiling under s. 455.565
18 are This section is subject to the Open Government Sunset
19 Review Act of 1995 in accordance with s. 119.15 and shall
20 stand repealed on October 2, 2002, unless reviewed and saved
21 from repeal through reenactment by the Legislature.
22 (b) The provisions of subsection (1) with respect to
23 practitioners who are subject to profiling under s. 455.56505
24 are subject to the Open Government Sunset Review Act of 1995
25 in accordance with s. 119.15 and shall stand repealed on
26 October 2, 2005, unless reviewed and saved from repeal through
27 reenactment by the Legislature.
28 Section 4. The Legislature finds that public release
29 of a patient record or other document that includes a
30 statement of the patient's medical disease, condition, or
31 treatment plan and identifies a patient by name or by other
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1 identifier could result in serious and irreparable damage to
2 the patient. Such records obtained by the Department of Health
3 or its agent for purposes of compiling a practitioner profile
4 if open to the public may adversely affect the integrity and
5 trust of the practitioner-patient relationship and may deter
6 affected parties from seeking needed health care services;
7 therefore, it is a matter of public necessity to protect the
8 confidentiality of such patient health information. The
9 Legislature further finds that, because of the nature of the
10 data submitted to the Department of Health or its agent for
11 purposes of constructing practitioner profiles, the necessity
12 of ensuring the accuracy of those data, the need to refrain
13 from unnecessarily affecting the livelihood of persons who are
14 the subject of practitioner profiles, and the need to maintain
15 the integrity and trust of the practitioner-patient
16 relationship without unwarranted aspersions on the
17 professional competence and ability of these persons, it is a
18 matter of public necessity to protect the confidentiality of
19 the data during the period of their verification. The
20 Legislature further finds that the need to learn or verify
21 information about health care practitioners, though furthering
22 a state interest, does not override the public policy
23 determinations made to exempt certain information from public
24 disclosure and that records so exempted should retain that
25 status when obtained and used by another governmental entity.
26 Section 5. Paragraphs (a) and (c) of subsection (4) of
27 section 943.0585, Florida Statutes, are amended to read:
28 943.0585 Court-ordered expunction of criminal history
29 records.--The courts of this state have jurisdiction over
30 their own procedures, including the maintenance, expunction,
31 and correction of judicial records containing criminal history
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1 information to the extent such procedures are not inconsistent
2 with the conditions, responsibilities, and duties established
3 by this section. Any court of competent jurisdiction may
4 order a criminal justice agency to expunge the criminal
5 history record of a minor or an adult who complies with the
6 requirements of this section. The court shall not order a
7 criminal justice agency to expunge a criminal history record
8 until the person seeking to expunge a criminal history record
9 has applied for and received a certificate of eligibility for
10 expunction pursuant to subsection (2). A criminal history
11 record that relates to a violation of chapter 794, s. 800.04,
12 s. 817.034, s. 827.071, chapter 839, s. 893.135, or a
13 violation enumerated in s. 907.041 may not be expunged,
14 without regard to whether adjudication was withheld, if the
15 defendant was found guilty of or pled guilty or nolo
16 contendere to the offense, or if the defendant, as a minor,
17 was found to have committed, or pled guilty or nolo contendere
18 to committing, the offense as a delinquent act. The court may
19 only order expunction of a criminal history record pertaining
20 to one arrest or one incident of alleged criminal activity,
21 except as provided in this section. The court may, at its sole
22 discretion, order the expunction of a criminal history record
23 pertaining to more than one arrest if the additional arrests
24 directly relate to the original arrest. If the court intends
25 to order the expunction of records pertaining to such
26 additional arrests, such intent must be specified in the
27 order. A criminal justice agency may not expunge any record
28 pertaining to such additional arrests if the order to expunge
29 does not articulate the intention of the court to expunge a
30 record pertaining to more than one arrest. This section does
31 not prevent the court from ordering the expunction of only a
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1 portion of a criminal history record pertaining to one arrest
2 or one incident of alleged criminal activity. Notwithstanding
3 any law to the contrary, a criminal justice agency may comply
4 with laws, court orders, and official requests of other
5 jurisdictions relating to expunction, correction, or
6 confidential handling of criminal history records or
7 information derived therefrom. This section does not confer
8 any right to the expunction of any criminal history record,
9 and any request for expunction of a criminal history record
10 may be denied at the sole discretion of the court.
11 (4) EFFECT OF CRIMINAL HISTORY RECORD EXPUNCTION.--Any
12 criminal history record of a minor or an adult which is
13 ordered expunged by a court of competent jurisdiction pursuant
14 to this section must be physically destroyed or obliterated by
15 any criminal justice agency having custody of such record;
16 except that any criminal history record in the custody of the
17 department must be retained in all cases. A criminal history
18 record ordered expunged that is retained by the department is
19 confidential and exempt from the provisions of s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution and not
21 available to any person or entity except upon order of a court
22 of competent jurisdiction. A criminal justice agency may
23 retain a notation indicating compliance with an order to
24 expunge.
25 (a) The person who is the subject of a criminal
26 history record that is expunged under this section or under
27 other provisions of law, including former s. 893.14, former s.
28 901.33, and former s. 943.058, may lawfully deny or fail to
29 acknowledge the arrests covered by the expunged record, except
30 when the subject of the record:
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1 1. Is a candidate for employment with a criminal
2 justice agency;
3 2. Is a defendant in a criminal prosecution;
4 3. Concurrently or subsequently petitions for relief
5 under this section or s. 943.059;
6 4. Is a candidate for admission to The Florida Bar;
7 5. Is seeking to be employed or licensed by or to
8 contract with the Department of Children and Family Services
9 or the Department of Juvenile Justice or to be employed or
10 used by such contractor or licensee in a sensitive position
11 having direct contact with children, the developmentally
12 disabled, the aged, or the elderly as provided in s.
13 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
14 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
15 415.1075(4), s. 985.407, or chapter 400; or
16 6. Is seeking to be employed or licensed by the Office
17 of Teacher Education, Certification, Staff Development, and
18 Professional Practices of the Department of Education, any
19 district school board, or any local governmental entity that
20 licenses child care facilities; or.
21 7. Is seeking to be employed or licensed by or to
22 contract with the Department of Health or to be employed or
23 used by such contractor or licensee in a sensitive position
24 having direct contact with children, the developmentally
25 disabled, the aged, or the elderly as provided in s.
26 110.1127(3), s. 393.063(15), s. 394.4572(1), s. 397.451, s.
27 402.302(3), s. 402.313(3), s. 409.175(2)(i), s. 415.102(4), s.
28 415.1075(4), s. 985.407, or chapter 400.
29 (c)1. Information relating to the existence of an
30 expunged criminal history record which is provided in
31 accordance with subparagraphs (a)1.-6. paragraph (a) is
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1 confidential and exempt from the provisions of s. 119.07(1)
2 and s. 24(a), Art. I of the State Constitution, except that
3 the department shall disclose the existence of a criminal
4 history record ordered expunged to the entities set forth in
5 subparagraphs (a)1., 4., 5., and 6. for their respective
6 licensing and employment purposes, and to criminal justice
7 agencies for their respective criminal justice purposes. It
8 is unlawful for any employee of an entity set forth in
9 subparagraph (a)1., subparagraph (a)4., subparagraph (a)5., or
10 subparagraph (a)6. to disclose information relating to the
11 existence of an expunged criminal history record of a person
12 seeking employment or licensure with such entity or
13 contractor, except to the person to whom the criminal history
14 record relates or to persons having direct responsibility for
15 employment or licensure decisions. Any person who violates
16 this subparagraph paragraph commits a misdemeanor of the first
17 degree, punishable as provided in s. 775.082 or s. 775.083.
18 2. Information relating to the existence of an
19 expunged criminal history record which is provided in
20 accordance with subparagraph (a)7. is confidential and exempt
21 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
22 the State Constitution, except that the department shall
23 disclose the existence of a criminal history record ordered
24 expunged to the Department of Health as set forth in
25 subparagraph (a)7. for its licensing and employment purposes,
26 and to criminal justice agencies for their respective criminal
27 justice purposes. It is unlawful for any employee of the
28 Department of Health as set forth in subparagraph (a)7. to
29 disclose information relating to the existence of an expunged
30 criminal history record of a person seeking employment or
31 licensure with such entity or contractor, except to the person
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1 to whom the criminal history record relates, to persons having
2 direct responsibility for employment or licensure decisions,
3 or to another state agency that is authorized in this state to
4 receive expunged criminal history records from the department.
5 Any person who violates this subparagraph commits a
6 misdemeanor of the first degree, punishable as provided in s.
7 775.082 or s. 775.083. This subparagraph is subject to the
8 Open Government Sunset Review Act of 1995 in accordance with
9 s. 119.15 and shall stand repealed on October 2, 2005, unless
10 reviewed and saved from repeal through reenactment by the
11 Legislature.
12 Section 6. In any court proceeding to enforce an order
13 by the Department of Health to compel a licensed health care
14 practitioner to submit to a mental or physical examination by
15 physicians designated by the department under section 455.624,
16 Florida Statutes, the licensee against whom the petition for
17 enforcement is filed may not be named or identified by
18 initials in any public court records or documents and is
19 confidential and exempt from the provisions of chapter 119,
20 Florida Statutes, and Section (24)(a), Article I of the State
21 Constitution, and the proceedings shall be closed to the
22 public. This section is subject to the Open Government Sunset
23 Review Act of 1995 in accordance with section 119.15, Florida
24 Statutes, and shall stand repealed on October 2, 2005, unless
25 reviewed and saved from repeal through reenactment by the
26 Legislature.
27 Section 7. The Legislature finds that public release
28 of expunged criminal history information on health care
29 practitioners seeking employment, licensure, or a contract
30 with the Department of Health to work with children, the
31 developmentally disabled, the aged, or the elderly may
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1 adversely affect the integrity and trust of such a
2 practitioner-patient relationship, may deter affected parties
3 from seeking needed health care services as a result, and may
4 cast unwarranted aspersions on the professional competence and
5 ability of such practitioners and thereby affect their
6 livelihood; therefore, it is a matter of public necessity to
7 protect the confidentiality of such information. The
8 Legislature finds that the disclosure of information, and the
9 holding of public meetings, regarding the impairment of a
10 licensed health care practitioner may deter such practitioners
11 from seeking needed treatment and that it is a matter of
12 public necessity to protect the confidentiality of such
13 information. The Legislature further finds that such
14 information is already confidential under identical
15 circumstances for persons seeking employment, licensure, or a
16 contract with the Department of Children and Family Services
17 and the Department of Juvenile Justice. The Legislature
18 further finds that the need to learn or verify information
19 about health care practitioners, though furthering a state
20 interest, does not override the public policy determinations
21 made to exempt certain information from public disclosure and
22 that records so exempted should retain that status when
23 obtained and used by another governmental entity.
24 Section 8. This act shall take effect on the effective
25 date of Committee Substitute for Senate Bill 2354 or similar
26 legislation creating section 455.56505, Florida Statutes, to
27 provide for practitioner profiling of additional health care
28 practitioners.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2394
3
4 The bill is revised to include a Public Records Law exemption
for the name or initials in any public court records or
5 documents of any licensed health care practitioner regulated
by the Division of Medical Quality Assurance within the
6 Department of Health who is the subject of court proceedings
to compel the licensee to submit to a physical or mental
7 examination, and for home addresses and home telephone numbers
of health care practitioners, as defined in s.
8 455.501(4),F.S., working in any type of correctional facility,
including any prison or jail, or in any mental health
9 facility.
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