HOUSE AMENDMENT
                                                   Bill No. HB 365   Barcode 850343
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Health Promotion offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
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         (3)
22         (dd)  All personal identifying information, bank
23  account numbers, and debit, charge, and credit card numbers
24  contained in records relating to an individual's personal
25  health or eligibility for health-related services made or
26  received by the Department of Health or its service providers
27  are confidential and exempt from the provisions of subsection
28  (1) and s. 24(a), Art. I of the State Constitution, except as
29  otherwise provided herein.  Information made confidential and
30  exempt by this paragraph shall be disclosed:
31         1.  With the express written consent of the individual
                                  1
    File original & 9 copies    03/07/01                          
    hci0001                     09:35 am         00365-hp  -850343

HOUSE AMENDMENT Bill No. HB 365 Barcode 850343 Amendment No. 1 (for drafter's use only) 1 or the individual's legally authorized representative. 2 Furthermore, if a request is made for specific records of an 3 individual, such records shall be disclosed only with the 4 express written consent of the individual or the individual's 5 legally authorized representative. 6 2. In a medical emergency, but only to the extent 7 necessary to protect the health or life of the individual. 8 3. By court order upon a showing of good cause. 9 10 This paragraph is subject to the Open Government Sunset Review 11 Act of 1995, in accordance with s. 119.15, and shall stand 12 repealed on October 2, 2006, unless reviewed and saved from 13 repeal through reenactment by the Legislature. 14 Section 2. The Legislature finds that it is a public 15 necessity that personal identifying information, bank account 16 numbers, and debit, charge, and credit card numbers contained 17 in records relating to an individual's personal health or 18 eligibility for health-related services made or received by 19 the Department of Health or its service providers be held 20 confidential and exempt from public disclosure, with certain 21 exceptions. The Legislature further finds that the exemption 22 for personal identifying information is a public necessity in 23 order to protect health related information that is of a 24 sensitive personal nature. Matters of personal health are 25 traditionally private and confidential concerns between the 26 patient and the health care provider. The private and 27 confidential nature of personal health matters pervades both 28 the public and private health care sectors. For these 29 reasons, the individual's expectation of and right to privacy 30 in all matters regarding his or her personal health 31 necessitates this exemption. In addition, an individual's 2 File original & 9 copies 03/07/01 hci0001 09:35 am 00365-hp -850343
HOUSE AMENDMENT Bill No. HB 365 Barcode 850343 Amendment No. 1 (for drafter's use only) 1 bank account numbers, and debit, charge, and credit card 2 numbers, contained in records relating to an individual's 3 health or eligibility for health care services is also of a 4 sensitive personal nature and it is a public necessity that 5 such information be held confidential and exempt because 6 revealing such information could create the opportunity for 7 theft and fraud. 8 Section 3. This act shall take effect July 1, 2001. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page , 14 remove from the title of the bill: the entire title 15 16 and insert in lieu thereof: 17 An act relating to public records; amending s. 18 119.07, F.S.; providing an exemption from 19 public records requirements for identifying 20 information and specified financial information 21 in records relating to an individual's health 22 or eligibility for health-related services made 23 or received by the Department of Health or its 24 service providers; specifying conditions under 25 which such information may be released; 26 providing for future review and repeal; 27 providing a finding of public necessity; 28 providing an effective date. 29 30 31 3 File original & 9 copies 03/07/01 hci0001 09:35 am 00365-hp -850343