Senate Bill sb0514c1

    Florida Senate - 2006                            CS for SB 514

    By the Committees on Governmental Oversight and Productivity;
    and Health Care




    585-1727-06

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






    Florida Senate - 2006                            CS for SB 514
    585-1727-06




 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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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 514

16                                 

17  Clarifies that the Department of Elderly Affairs is authorized
    to disclose confidential and exempt information to another
18  governmental entity for the purpose of administering the
    department's programs for the elderly.
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CODING: Words stricken are deletions; words underlined are additions.