Senate Bill sb1664c1
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Florida Senate - 2003 CS for SB 1664
By the Committee on Governmental Oversight and Productivity;
and Senator Wise
302-2142-03
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 held by local governmental entities or their
7 service providers for purposes of determining
8 eligibility for paratransit services under
9 Title II of the Americans with Disabilities Act
10 or the Transportation Disadvantaged Program as
11 provided in part I of ch. 427, F.S.; providing
12 conditions upon which such information may be
13 disclosed; providing for retroactive
14 application of the exemption; providing for
15 future review and repeal; providing a finding
16 of public necessity; providing an effective
17 date.
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19 Be It Enacted by the Legislature of the State of Florida:
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21 Section 1. Paragraph (gg) is added to subsection (3)
22 of section 119.07, Florida Statutes, to read:
23 119.07 Inspection, examination, and duplication of
24 records; exemptions.--
25 (3)
26 (gg) All personal identifying information that is
27 contained in records relating to an individual's health held
28 by local governmental entities or their service providers for
29 the purpose of determining eligibility for paratransit
30 services under Title II of the Americans with Disabilities Act
31 or for determining eligibility for the Transportation
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 CS for SB 1664
302-2142-03
1 Disadvantaged Program as provided in part I of chapter 427 is
2 confidential and exempt from the provisions of subsection (1)
3 and s. 24(a), Art. I of the State Constitution, except as
4 otherwise provided in this paragraph. This exemption applies
5 to personal identifying information contained in such records
6 held by local governmental entities or their service providers
7 before, on, or after the effective date of this exemption.
8 Information made confidential and exempt by this paragraph may
9 be disclosed:
10 1. With the express written consent of the individual
11 or the individual's legally authorized representative;
12 2. In a medical emergency, but only to the extent
13 necessary to protect the health or life of the individual;
14 3. By order of a court upon a showing of good cause;
15 or
16 4. For purposes of determining eligibility for
17 paratransit services, if the individual or the individual's
18 representative has filed an appeal or petition before an
19 administrative body of a local government or a court.
20 Section 2. Section 119.07(3)(gg), Florida Statutes, is
21 subject to the Open Government Sunset Review Act of 1995 in
22 accordance with section 119.15, Florida Statutes, and shall
23 stand repealed on October 2, 2008, unless reviewed and saved
24 from repeal through reenactment by the Legislature.
25 Section 3. The Legislature finds that it is a public
26 necessity that information made confidential and exempt by
27 this act be held confidential and exempt in order to protect
28 health-related information that is of a sensitive personal
29 nature concerning individuals. 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 - 2003 CS for SB 1664
302-2142-03
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 relating to his or her personal health and eligibility
5 for paratransit services or the Transportation Disadvantaged
6 Program provided by local government or its service providers
7 necessitates this exemption.
8 Section 4. This act shall take effect upon becoming a
9 law.
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11 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
12 SB 1664
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14 Moves the sunset provision to another section of the bill.
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