1 | A bill to be entitled |
2 | An act relating to public records; creating s. 765.5155, |
3 | F.S.; providing an exemption from public records |
4 | requirements for information in the organ and tissue donor |
5 | registry which would identify a donor; providing an |
6 | exception; providing for future legislative review and |
7 | repeal of the exemption under the Open Government Sunset |
8 | Review Act; providing a statement of public necessity; |
9 | providing a contingent effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 765.5155, Florida Statutes, is created |
14 | to read: |
15 | 765.5155 Organ and tissue donor registry; public records |
16 | exemption.-- |
17 | (1) Information held in the organ and tissue donor |
18 | registry which identifies a donor is confidential and exempt |
19 | from s. 119.07(1) and s. 24(a), Art. I of the State |
20 | Constitution. |
21 | (2) Such information may be disclosed to organ, tissue, |
22 | and eye procurement organizations that have been certified by |
23 | the Agency for Health Care Administration for the purpose of |
24 | ascertaining or effectuating the existence of a gift under s. |
25 | 765.522. |
26 | (3) This section is subject to the Open Government Sunset |
27 | Review Act in accordance with s. 119.15 and shall stand repealed |
28 | on October 1, 2013, unless reviewed and saved from repeal |
29 | through reenactment by the Legislature. |
30 | Section 2. The Legislature finds that it is a public |
31 | necessity to make confidential and exempt from disclosure |
32 | information held in the organ and tissue donor registry which |
33 | would identify a donor. Such personal identifying information, |
34 | if publicly available, could be used to invade the personal |
35 | privacy of the donor identified in the registry. The decision to |
36 | make or revoke an anatomical gift is a private matter of |
37 | personal choice. Furthermore, the disclosure of such information |
38 | could hinder the effective and efficient administration of the |
39 | organ and tissue donation program. Access to such information |
40 | could reduce donations and the availability of potentially life- |
41 | saving organs, tissues, or other body parts. Finally, access to |
42 | such information could be used to solicit, harass, stalk, or |
43 | intimidate organ and tissue donors. Thus, the Legislature finds |
44 | that information held in the organ and tissue donor registry |
45 | which would identify a donor should be confidential and exempt |
46 | from public records requirements. |
47 | Section 3. This act shall take effect on the same date |
48 | that House Bill 1485, or similar legislation takes effect, if |
49 | such legislation is adopted in the same legislative session or |
50 | an extension thereof and becomes law. |