Florida Senate - 2006            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 514
                        Barcode 111354
    585-1526-06
    Proposed Committee Substitute by the Committee on Governmental
    Oversight and Productivity
 1                      A bill to be entitled
 2         An act relating to a review under the Open
 3         Government Sunset Review Act; amending s.
 4         430.105, F.S.; revising provisions that provide
 5         an exemption from public-records requirements
 6         for certain information relating to a person's
 7         health or eligibility for services, which
 8         information is held by the Department of
 9         Elderly Affairs; abrogating the scheduled
10         repeal of such exemption; providing an
11         effective date.
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13  Be It Enacted by the Legislature of the State of Florida:
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15         Section 1.  Section 430.105, Florida Statutes, is
16  amended to read:
17         430.105  Confidentiality of information.--
18         (1)  Personal identifying information in a record which
19  relates relating to an individual's health or eligibility for
20  or receipt of health-related, elder care, or long-term care
21  services and which is held by the department received as a
22  result of services rendered under any program administered or
23  funded by the department is confidential and exempt from the
24  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
25  Constitution, except as otherwise provided by law. Such
26  information may be contained in records created by or received
27  by the department or its service providers or obtained through
28  files, reports, inspections, or otherwise by employees of the
29  department, persons who volunteer services through programs
30  administered by the department or its contract providers, or
31  by contract providers. Information made confidential and
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    Florida Senate - 2006            PROPOSED COMMITTEE SUBSTITUTE
    Bill No. SB 514
                        Barcode 111354
    585-1526-06
 1  exempt from the public records law under this section may not
 2  be disclosed:
 3         (1)  To another governmental entity for the purpose of
 4  administering the department's programs for the elderly; or
 5         (2)  If the affected individual publicly unless the
 6  affected client or elder person or his or her legal
 7  representative provides written consent.
 8         (2)  This section is subject to the Open Government
 9  Sunset Review Act of 1995, in accordance with s. 119.15, and
10  shall stand repealed on October 2, 2006, unless reviewed and
11  saved from repeal through reenactment by the Legislature.
12         Section 2.  This act shall take effect October 1, 2006.
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