Senate Bill sb0840
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 840
By Senator Saunders
25-698-01 See HB
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 identifying
5 information and specified financial information
6 in records relating to an individual's health
7 or eligibility for health-related services made
8 or received by the Department of Health or its
9 service providers; specifying conditions under
10 which such information may be released;
11 providing for future review and repeal;
12 providing a finding of public necessity;
13 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 (3)
22 (dd) All personally identifying information, bank
23 account numbers, and debit and credit card numbers contained
24 in records relating to an individual's personal health or
25 eligibility for health-related services made or received by
26 the Department of Health or its service providers are
27 confidential and exempt from the provisions of subsection (1)
28 and s. 24(a), Art. I of the State Constitution, except as
29 otherwise provided by law. Information made confidential and
30 exempt by this paragraph shall be disclosed:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 840
25-698-01 See HB
1 1. With the express written consent of the individual
2 or the individual's legally authorized representative.
3 Furthermore, if a request is made for specific records of an
4 individual, such records shall be disclosed only with the
5 express written consent of the individual or the individual's
6 legally authorized representative.
7 2. In a medical emergency, but only to the extent
8 necessary to protect the health or life of the individual.
9 3. By an order of a court and upon a showing of good
10 cause.
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12 This paragraph is subject to the Open Government Sunset Review
13 Act of 1995 in accordance with s. 119.15, and shall stand
14 repealed on October 2, 2006, unless reviewed and saved from
15 repeal through reenactment by the Legislature.
16 Section 2. The Legislature finds that it is a public
17 necessity that personally identifying information, bank
18 account numbers, and debit and credit card numbers contained
19 in records relating to an individual's personal health or
20 eligibility for health-related services made or received by
21 the Department of Health or its service providers be held
22 confidential and exempt from public disclosure unless
23 otherwise provided for by law. The Legislature finds that this
24 exemption is needed to protect information that is of a
25 sensitive personal nature that concerns individuals. Every
26 person has an expectation of and a right to privacy in all
27 matters concerning his or her personal health when medical
28 services are provided by the Department of Health or its
29 service providers. Matters of personal health are
30 traditionally private and confidential concerns between the
31 patient and the health care provider. The private and
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 SB 840
25-698-01 See HB
1 confidential nature of personal health matters pervades both
2 the public and private health care sectors. For these reasons,
3 the individual's expectation of and right to privacy in all
4 matters regarding his or her personal health necessitates this
5 exemption. In addition, an individual's personal financial
6 situation as it relates to eligibility for health care
7 services is also of a sensitive personal nature and should be
8 confidential and exempt.
9 Section 3. This act shall take effect July 1, 2001.
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12 HOUSE SUMMARY
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Provides an exemption from public records requirements
14 for personally identifying information, bank account
numbers, and debit and credit card numbers contained in
15 records relating to an individual's personal health or
eligibility for health-related services maintained by the
16 Department of Health or its authorized service providers.
Provides for disclosure under certain conditions.
17 Provides for future review and repeal.
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CODING: Words stricken are deletions; words underlined are additions.