HOUSE AMENDMENT
Bill No. HB 365 Barcode 850343
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Health Promotion offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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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
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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.
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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12 repealed on October 2, 2006, unless reviewed and saved from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
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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.
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12 And the title is amended as follows:
13 On page ,
14 remove from the title of the bill: the entire title
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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.
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File original & 9 copies 03/07/01
hci0001 09:35 am 00365-hp -850343