1 | The State Administration Council recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
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6 | A bill to be entitled |
7 | An act relating to a review under the Open Government |
8 | Sunset Review Act regarding medical records and health |
9 | records; amending s. 119.0712, F.S., relating to an |
10 | exemption from public records requirements for personal |
11 | identifying information, bank account numbers, and debit, |
12 | charge, and credit card numbers contained in certain |
13 | records held by the Department of Health which relate to |
14 | an individual's personal health or eligibility for health |
15 | services; removing the exemption for bank account numbers |
16 | and debit, charge, and credit card numbers contained in |
17 | such records; removing the scheduled repeal of the |
18 | exemption; providing an effective date. |
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20 | Be It Enacted by the Legislature of the State of Florida: |
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22 | Section 1. Subsection (1) of section 119.0712, Florida |
23 | Statutes, is amended to read: |
24 | 119.0712 Executive branch agency-specific exemptions from |
25 | inspection or copying of public records.-- |
26 | (1) DEPARTMENT OF HEALTH.--All personal identifying |
27 | information; bank account numbers; and debit, charge, and credit |
28 | card numbers contained in records relating to an individual's |
29 | personal health or eligibility for health-related services held |
30 | by the Department of Health are confidential and exempt from s. |
31 | 119.07(1) and s. 24(a), Art. I of the State Constitution, except |
32 | as otherwise provided in this subsection. Information made |
33 | confidential and exempt by this subsection shall be disclosed: |
34 | (a) With the express written consent of the individual or |
35 | the individual's legally authorized representative. |
36 | (b) In a medical emergency, but only to the extent |
37 | necessary to protect the health or life of the individual. |
38 | (c) By court order upon a showing of good cause. |
39 | (d) To a health research entity, if the entity seeks the |
40 | records or data pursuant to a research protocol approved by the |
41 | department, maintains the records or data in accordance with the |
42 | approved protocol, and enters into a purchase and data-use |
43 | agreement with the department, the fee provisions of which are |
44 | consistent with s. 119.07(4). The department may deny a request |
45 | for records or data if the protocol provides for intrusive |
46 | follow-back contacts, has not been approved by a human studies |
47 | institutional review board, does not plan for the destruction of |
48 | confidential records after the research is concluded, is |
49 | administratively burdensome, or does not have scientific merit. |
50 | The agreement must restrict the release of any information that |
51 | would permit the identification of persons, limit the use of |
52 | records or data to the approved research protocol, and prohibit |
53 | any other use of the records or data. Copies of records or data |
54 | issued pursuant to this paragraph remain the property of the |
55 | department. |
56 |
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57 | This subsection is subject to the Open Government Sunset Review |
58 | Act in accordance with s. 119.15 and shall stand repealed on |
59 | October 2, 2006, unless reviewed and saved from repeal through |
60 | reenactment by the Legislature. |
61 | Section 2. This act shall take effect October 1, 2006. |