Senate Bill sb1238
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Florida Senate - 2001 SB 1238
By Senator Sebesta
20-1154-01
1 A bill to be entitled
2 An act relating to public records; amending s.
3 119.07, F.S.; providing exemptions from
4 public-records requirements for medical
5 information relating to an individual's health
6 or eligibility for paratransit services under
7 Title II of the Americans with Disabilities Act
8 made or received by local government entities
9 or their service providers; providing
10 conditions upon which such information may be
11 disclosed; providing for future review and
12 repeal; providing a finding of public
13 necessity; providing an effective date.
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15 Be It Enacted by the Legislature of the State of Florida:
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17 Section 1. Paragraph (dd) is added to subsection (3)
18 of section 119.07, Florida Statutes, to read:
19 119.07 Inspection, examination, and duplication of
20 records; exemptions.--
21 (dd) All personally identifying information that is
22 contained in records relating to an individual's health or
23 eligibility for paratransit services under Title II of the
24 Americans with Disabilities Act and that is made or received
25 by local government entities or their service providers is
26 confidential and exempt from the provisions of subsection (1)
27 and s. 24(a), Art. I of the State Constitution, except as
28 otherwise provided by law. Information made confidential and
29 exempt by this paragraph may be disclosed:
30 1. With the express written consent of the individual
31 or the individual's legally authorized representative.
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Florida Senate - 2001 SB 1238
20-1154-01
1 Furthermore, if a request is made for the specific records of
2 an individual, such records may be disclosed only with the
3 express written consent of the individual or the individual's
4 legally authorized representative;
5 2. In a medical emergency, but only to the extent
6 necessary to protect the health or life of the individual; or
7 3. By order of a court upon a showing of good cause.
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9 This paragraph is subject to the Open Government Sunset Review
10 Act of 1995 in accordance with s. 119.15, and shall stand
11 repealed on October 2, 2006, unless reviewed and saved from
12 repeal through reenactment of the Legislature.
13 Section 2. The Legislature finds that it is a public
14 necessity that personally identifying information that is
15 contained in records relating to an individual's personal
16 health or eligibility for paratransit services under the
17 Americans with Disabilities Act and that is made or received
18 by local government entities or their service providers be
19 held confidential and exempt from public disclosure unless
20 otherwise provided by law. The Legislature finds that this
21 exemption is needed to protect information that is of a
22 sensitive personal nature concerning individuals. Every person
23 has an expectation of and a right to privacy in all matters
24 concerning his or her personal health or physical condition.
25 For this reason, such matters are traditionally private and
26 confidential concerns between an individual and an
27 individual's health care provider. Therefore the individual's
28 expectation and right to privacy in all matters relating to
29 his or her personal health and eligibility for paratransit
30 services that are provided by local government or its agents
31 necessitates this exemption.
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Florida Senate - 2001 SB 1238
20-1154-01
1 Section 3. This act shall take effect July 1, 2001.
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4 SENATE SUMMARY
5 Provides exemptions from the public records requirements
for medical information relating to an individual's
6 health or eligibility for paratransit services under
Title II of the Americans with Disabilities Act made or
7 received by local government entities or their service
providers. Provides conditions upon which such
8 information may be disclosed. Provides for future review
and repeal. Provides a finding of public necessity.
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