HB 0937 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 medical information relating to an
5	individual's health held by local governmental entities or
6	their service providers for purposes of determining
7	eligibility for paratransit services under Title II of the
8	Americans with Disabilities Act or the Transportation
9	Disadvantaged Program as provided in part I of chapter
10	427, F.S.; providing conditions upon which such
11	information may be disclosed; providing for retroactive
12	application of the exemption; providing for future review
13	and repeal; providing a finding of public necessity;
14	providing an 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 an individual's health held by local
25	governmental entities or their service providers for the purpose
26	of determining eligibility for paratransit services under Title
27	II of the Americans with Disabilities Act or for determining
28	eligibility for the Transportation Disadvantaged Program as
29	provided in part I of chapter 427 is confidential and exempt
30	from the provisions of subsection (1) and s. 24(a), Art. I of
31	the State Constitution, except as otherwise provided in this
32	paragraph. This exemption applies to personal identifying
33	information contained in such records held by local governmental
34	entities or their service providers before, on, or after the
35	effective date of this exemption. Information made confidential
36	and exempt by this paragraph may 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 order of a court upon a showing of good cause; or
42	4. For purposes of determining eligibility for paratransit
43	services, if the individual or the individual's representative
44	has filed an appeal or petition before an administrative body of
45	a local government or a court.
46
47	This paragraph is subject to the Open Government Sunset Review
48	Act of 1995 in accordance with s. 119.15, and shall stand
49	repealed on October 2, 2008, unless reviewed and saved from
50	repeal through reenactment by the Legislature.
51	Section 2. The Legislature finds that it is a public
52	necessity that information made confidential and exempt by this
53	act be held confidential and exempt in order to protect health-
54	related information that is of a sensitive personal nature
55	concerning individuals. Matters of personal health are
56	traditionally private and confidential concerns between the
57	patient and the health care provider. The private and
58	confidential nature of personal health matters pervades both the
59	public and private health care sectors. For these reasons, the
60	individual's expectation of, and right to, privacy in all
61	matters relating to his or her personal health and eligibility
62	for paratransit services or the Transportation Disadvantaged
63	Program provided by local government or its service providers
64	necessitates this exemption.
65	Section 3. This act shall take effect upon becoming a law.