Senate Bill sb1726

    Florida Senate - 2001                                  SB 1726

    By Senator Saunders





    25-1311-01

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public-records requirements for information

  5         identifying persons who are applying for or

  6         receiving services from the Department of

  7         Elderly Affairs or its agents; providing for

  8         future review and repeal; providing a finding

  9         of public necessity; providing an effective

10         date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Paragraph (dd) is added to subsection (3)

15  of section 119.07, Florida Statutes, to read:

16         119.07  Inspection, examination, and duplication of

17  records; exemptions.--

18         (3)

19         (dd)  All personally identifying information contained

20  in records relating to an individual's health or eligibility

21  for health-related or elder-care services made or received by

22  the Department of Elderly Affairs, the department's service

23  providers, or volunteers providing services for the department

24  or its service providers is confidential and exempt from the

25  provisions of subsection (1) and s. 24(a), Art. I of the State

26  Constitution, except as otherwise provided by law. Information

27  made confidential and exempt by this paragraph shall be

28  disclosed:

29         1.  With the express written consent of the individual

30  or the individual's legally authorized representative.

31  Furthermore, if a request is made for specific records of an

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                  SB 1726
    25-1311-01




  1  individual, such records shall be disclosed only with the

  2  express written consent of the individual or the individual's

  3  legally authorized representative.

  4         2.  In a medical emergency, but only to the extent

  5  necessary to protect the health or life of the individual.

  6         3.  By an order of a court upon a showing of good

  7  cause.

  8

  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 by the Legislature.

13         Section 2.  The Legislature finds that it is a public

14  necessity that personally identifying information contained in

15  records relating to an individual's health or eligibility for

16  health or elder-related services made or received by the

17  Department of Elderly Affairs or its service providers be held

18  confidential and exempt from public disclosure unless

19  otherwise provided for by law. The Legislature finds that this

20  exemption is needed to protect information that is of a

21  sensitive personal nature that concerns individuals. Every

22  person has an expectation of and a right to privacy in all

23  matters concerning his or her personal health. For this reason

24  matters of personal health are traditionally private and

25  confidential concerns between an individual and an

26  individual's health care provider. In addition, an

27  individual's personal financial situation as it relates to

28  eligibility for health or elder-related services is also of a

29  sensitive personal nature and should be confidential and

30  exempt. For elderly persons needing the services of the

31  department this is even more important since elderly persons

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    Florida Senate - 2001                                  SB 1726
    25-1311-01




  1  are often targets for those seeking to capitalize on their

  2  weaknesses. For these reasons, the individual's expectation

  3  and right to privacy in all matters relating to his or her

  4  personal health and eligibility for services provided by the

  5  department or its agents necessitates this exemption.

  6         Section 3.  This act shall take effect July 1, 2001.

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  9                          SENATE SUMMARY

10    Provides an exemption from public-records requirements
      for information identifying persons who are applying for
11    or receiving services from the Department of Elderly
      Affairs or its agents. Provides for future review and
12    repeal. Provides a finding of public necessity.

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CODING: Words stricken are deletions; words underlined are additions.