Senate Bill sb2564

    Florida Senate - 2006                                  SB 2564

    By Senator Atwater





    25-1772-06                                              See HB

  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         381.8531, F.S.; providing an exemption from

  4         public-records requirements for personal

  5         identifying information contained in records of

  6         the Florida Center for Brain Tumor Research;

  7         providing for future review and repeal;

  8         providing a finding of public necessity;

  9         providing a contingent effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 381.8531, Florida Statutes, is

14  created to read:

15         381.8531  Florida Center for Brain Tumor Research;

16  public records exemption.--

17         (1)  The following information held by the Florida

18  Center for Brain Tumor Research is confidential and exempt

19  from s. 119.07(1) and s. 24, Art. I of the State Constitution:

20         (a)  An individual's medical record.

21         (b)  Any information received from an individual from

22  another state or nation or the Federal Government which is

23  otherwise confidential or exempt pursuant to the laws of that

24  state or nation or pursuant to federal law.

25         (2)  This section is subject to the Open Government

26  Sunset Review Act in accordance with s. 119.15 and shall stand

27  repealed on October 2, 2011, unless reviewed and saved from

28  repeal through reenactment by the Legislature.

29         Section 2.  The Legislature finds that it is a public

30  necessity that an individual's medical record held by the

31  brain tumor registry developed pursuant to s. 381.853(3),

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 2564
    25-1772-06                                              See HB




 1  Florida Statutes, be made confidential and exempt from public

 2  records requirements. Matters of personal health are

 3  traditionally private and confidential concerns between the

 4  patient and the health care provider. The private and

 5  confidential nature of personal health matters pervades both

 6  the public and private health care sectors. For these reasons,

 7  the individual's expectation of and right to privacy in all

 8  matters regarding his or her personal health necessitates this

 9  exemption. The Legislature further finds that it is a public

10  necessity to protect a patient's medical record because the

11  release of such record could be defamatory to the patient or

12  could cause unwarranted damage to the name or reputation of

13  that patient. Finally, the Legislature finds that it is a

14  public necessity to protect information received by the brain

15  tumor registry from an individual from another state or nation

16  or the Federal Government which is otherwise exempt or

17  confidential pursuant to the laws of that state or nation or

18  pursuant to federal law. Without this protection, another

19  state or nation or the Federal Government might be less likely

20  to provide information to the registry in the furtherance of

21  its duties and responsibilities.

22         Section 3.  This act shall take effect July 1, 2006, if

23  Senate Bill ___ or similar legislation is adopted in the same

24  legislative session or an extension thereof and becomes law.

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CODING: Words stricken are deletions; words underlined are additions.