HB 1785 2003
1	A bill to be entitled
2	An act relating to public records; amending s. 119.07,
3	F.S.; providing an exemption from public records
4	requirements for personal identifying information
5	contained in records relating to a person’s health held by
6	local governmental entities or their service providers for
7	purposes of determining eligibility for paratransit
8	services under Title II of the Americans with Disabilities
9	Act or eligibility for the transportation disadvantaged
10	program as provided in part I of ch. 427, F.S.; providing
11	exceptions to the exemption; providing for retroactive
12	application; providing for future review and repeal;
13	providing a finding of public necessity; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Paragraph (gg) is added to subsection (3) of
19	section 119.07, Florida Statutes, to read:
20	119.07 Inspection, examination, and duplication of
21	records; exemptions.--
22	(3)
23	(gg) All personal identifying information contained in
24	records relating to a person's health held by local governmental
25	entities or their service providers for the purpose of
26	determining eligibility for paratransit services under Title II
27	of the Americans with Disabilities Act or eligibility for the
28	transportation disadvantaged program as provided in part I of
29	chapter 427 is confidential and exempt from the provisions of
30	subsection (1) and s. 24(a), Art. I of the State Constitution,
31	except as otherwise provided herein. This exemption applies to
32	personal identifying information contained in such records held
33	by local governmental entities or their service providers
34	before, on, or after the effective date of this exemption.
35	Information made confidential and exempt by this paragraph shall
36	be disclosed:
37	1. With the express written consent of the individual or
38	the individual's legally authorized representative;
39	2. In a medical emergency, but only to the extent
40	necessary to protect the health or life of the individual;
41	3. By court order upon a showing of good cause; or
42	4. For the purpose of determining eligibility for
43	paratransit services if the individual or the individual's
44	legally authorized representative has filed an appeal or
45	petition before an administrative body of a local government or
46	a court.
47	Section 2. Paragraph (gg) of subsection (3) of section
48	119.07, Florida Statutes, is subject to the Open Government
49	Sunset Review Act of 1995 in accordance with s. 119.15, Florida
50	Statutes, and shall stand repealed on October 2, 2008, unless
51	reviewed and saved from repeal through reenactment by the
52	Legislature.
53	Section 3. The Legislature finds that it is a public
54	necessity that information made confidential and exempt by this
55	act be held confidential and exempt in order to protect health-
56	related information that is of a sensitive personal nature
57	concerning individuals. Matters of personal health are
58	traditionally private and confidential concerns between the
59	patient and the health care provider. The private and
60	confidential nature of personal health matters pervades both the
61	public and private health care sectors. For these reasons, the
62	individual's expectation of and right to privacy in all matters
63	regarding his or her personal health and eligibility for
64	paratransit services or the transportation disadvantaged program
65	provided by a local government or its service providers
66	necessitates this exemption.
67	Section 4. This act shall take effect upon becoming a law.