Florida Senate - 2008 (Reformatted) SB 102

By Senator Wilson

33-00105-08 2008102__

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A bill to be entitled

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An act relating to public records; amending s. 985.1351,

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F.S.; providing an exemption from public-records

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requirements for serologic blood test results from

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juveniles referred to or under the supervision of the

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Department of Juvenile Justice; providing for future

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legislative review and repeal; providing a statement of

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necessity; providing a contingent effective date.

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

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     Section 1.  Subsection (6) is added to section 985.1351,

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Florida Statutes, as created by SB ____, to read:

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     985.1351  Blood test of a child referred to or under the

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supervision of the department.--

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     (6) Except as otherwise provided in this section, serologic

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blood test results obtained pursuant to subsection (1) or

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subsection (2) are confidential and exempt from s. 119.07(1) and

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s. 24(a), Art. I of the State Constitution. However, such results

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may be provided to employees or officers of the juvenile

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assessment center, juvenile detention facility, or the child's

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juvenile probation officer who is responsible for the custody and

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care of the affected child and have a need to know such

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information, and as provided in ss. 381.004, 775.0877, and

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960.003.

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     (7) This section is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15, and shall stand repealed

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on October 2, 2013, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     Section 2. The Legislature finds that exempting results

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from serologic blood tests of children referred to or under the

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supervision of the Department of Juvenile Justice is a public

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necessity in that harm caused by releasing personal and sensitive

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medical information outweighs any public benefit derived from

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releasing such information. Such information could be

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embarrassing to the child and his or her family, and if released,

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could harm the personal and future professional reputation of,

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and be used to discriminate against, the child to whom the

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information pertains.

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     Section 3.  This act shall take effect on the same date that

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Senate Bill ______ or similar legislation takes effect, if such

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legislation is adopted in the same legislative session, or an

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extension thereof, and becomes law.

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