Florida Senate - 2008 CS for SB 2224
By the Committees on Governmental Operations; Community Affairs
585-06007-08 20082224c1
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A bill to be entitled
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An act relating to a review under the Open Government
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Sunset Review Act; amending s. 119.011, F.S.; defining the
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term "paratransit" for purposes of the public records law;
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amending s. 119.071, F.S.; expanding an exemption from
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public-records requirements which is provided for
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information identifying an applicant for or a recipient of
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paratransit services so that the exemption applies to all
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agencies; providing for future legislative review of the
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exemption under the Open Government Sunset Review Act;
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repealing s. 119.0713(2), F.S., relating to the prior
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exemption provided for such information; providing a
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statement of public necessity; repealing s. 2 of chapter
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2003-110, Laws of Florida; deleting provisions providing
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for repeal of the exemption; amending ss. 257.34 and
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257.35, F.S.; conforming cross-references; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (10), (11), (12), and (13)
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of section 119.011, Florida Statutes, are renumbered as
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subsections (11), (12), (13), and (14), respectively, and a new
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subsection (10) is added to that section. to read:
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119.011 Definitions.--As used in this chapter, the term:
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(10) "Paratransit" has the same meaning as provided in s.
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Section 2. Paragraph (h) is added to subsection (5) of
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section 119.071, Florida Statutes, to read:
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119.071 General exemptions from inspection or copying of
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public records.--
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(5) OTHER PERSONAL INFORMATION.--
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(h)1. Personal identifying information of an applicant for
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or a recipient of paratransit services which is held by an agency
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is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
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of the State Constitution.
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2. This exemption applies to personal identifying
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information of an applicant for or a recipient of paratransit
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services which is held by an agency before, on, or after the
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effective date of this exemption.
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3. Confidential and exempt personal identifying information
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shall be disclosed:
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a. With the express written consent of the individual or
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the individual's legally authorized representative;
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b. In a medical emergency, but only to the extent that is
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necessary to protect the health or life of the individual;
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c. By court order upon a showing of good cause; or
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d. To another agency in the performance of its duties and
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responsibilities.
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4. This paragraph 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 3. Subsection (2) of section 119.0713, Florida
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Statutes, is repealed.
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Section 4. The Legislature finds that it is a public
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necessity that personal identifying information of an applicant
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for or recipient of paratransit services be made confidential and
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exempt from public-records requirements. Paratransit services
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include transportation services for persons who, because of
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physical or mental disability, income status, or age, are unable
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to transport themselves and are, therefore, dependent upon others
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to obtain access to health care, employment, education, shopping,
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social activities, or other life-sustaining activities.
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Paratransit services also include transportation services for
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children who are handicapped, such as the developmentally
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disabled, and children who are at high-risk or at-risk, such as
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children who are victims of child abuse or neglect. As such,
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information provided to an agency would be personal, sensitive
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information related to a person's physical or mental health or
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income status. Matters of personal health are traditionally
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private and confidential concerns between a patient and a health
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care provider. The private and confidential nature of personal
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health matters pervades both the public and private health care
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sectors. For this reason, a person's expectation of a right to
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privacy in all matters regarding his or her personal health
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necessitates the exemption. Furthermore, the exemption ensures
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the protection of the identity of an applicant for or recipient
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of paratransit services. If the identifying information was not
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protected, the administration of paratransit services would be
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significantly impaired because applicants would be less inclined
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to apply for those services due to the fact that the identifying
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information would be made available to the public, which would
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cause an unwarranted invasion into the life and privacy of
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applicants for and recipients of the services. Thus, the number
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of recipients would significantly decrease. As a result, the
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effective administration of paratransit services would be
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impaired.
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Section 5. Section 2 of chapter 2003-110, Laws of Florida
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is repealed.
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Section 6. Subsection (1) of section 257.34, Florida
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Statutes, is amended to read:
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257.34 Florida International Archive and Repository.--
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(1) There is created within the Division of Library and
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Information Services of the Department of State the Florida
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International Archive and Repository for the preservation of
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manuscripts, international judgments involving disputes between
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domestic and foreign businesses, and all other public matters
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that the department or the Florida Council of International
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Development deems relevant to international issues. It is the
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duty and responsibility of the division to:
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(a) Organize and administer the Florida International
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Archive and Repository.
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(b) Preserve and administer records that are transferred to
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its custody; accept, arrange, and preserve them, according to
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approved archival and repository practices; and permit them, at
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reasonable times and under the supervision of the division, to be
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inspected and copied. All public records transferred to the
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custody of the division are subject to the provisions of s.
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119.07(1).
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(c) Assist the records and information management program
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in the determination of retention values for records.
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(d) Cooperate with and assist, insofar as practicable,
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state institutions, departments, agencies, counties,
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municipalities, and individuals engaged in internationally
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related activities.
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(e) Provide a public research room where, under rules
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established by the division, the materials in the international
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archive and repository may be studied.
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(f) Conduct, promote, and encourage research in
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international trade, government, and culture and maintain a
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program of information, assistance, coordination, and guidance
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for public officials, educational institutions, libraries, the
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scholarly community, and the general public engaged in such
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research.
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(g) Cooperate with and, insofar as practicable, assist
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agencies, libraries, institutions, and individuals in projects
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concerned with internationally related issues and preserve
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original materials relating to internationally related issues.
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(h) Assist and cooperate with the records and information
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management program in the training and information program
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described in s. 257.36(1)(g).
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Section 7. Subsection (1) of section 257.35, Florida
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Statutes, is amended to read:
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257.35 Florida State Archives.--
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(1) There is created within the Division of Library and
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Information Services of the Department of State the Florida State
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Archives for the preservation of those public records, as defined
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material that have been determined by the division to have
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sufficient historical or other value to warrant their continued
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preservation and have been accepted by the division for deposit
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in its custody. It is the duty and responsibility of the division
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to:
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(a) Organize and administer the Florida State Archives.
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(b) Preserve and administer such records as shall be
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transferred to its custody; accept, arrange, and preserve them,
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according to approved archival practices; and permit them, at
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reasonable times and under the supervision of the division, to be
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inspected and copied. All public records transferred to the
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custody of the division shall be subject to the provisions of s.
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119.07(1), except that any public record or other record provided
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by law to be confidential or prohibited from inspection by the
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public shall be made accessible only after a period of 50 years
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from the date of the creation of the record. Any nonpublic
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manuscript or other archival material which is placed in the
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keeping of the division under special terms and conditions, shall
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be made accessible only in accordance with such law terms and
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conditions and shall be exempt from the provisions of s.
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119.07(1) to the extent necessary to meet the terms and
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conditions for a nonpublic manuscript or other archival material.
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(c) Assist the records and information management program
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in the determination of retention values for records.
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(d) Cooperate with and assist insofar as practicable state
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institutions, departments, agencies, counties, municipalities,
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and individuals engaged in activities in the field of state
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archives, manuscripts, and history and accept from any person any
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paper, book, record, or similar material which in the judgment of
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the division warrants preservation in the state archives.
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(e) Provide a public research room where, under rules
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established by the division, the materials in the state archives
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may be studied.
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(f) Conduct, promote, and encourage research in Florida
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history, government, and culture and maintain a program of
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information, assistance, coordination, and guidance for public
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officials, educational institutions, libraries, the scholarly
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community, and the general public engaged in such research.
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(g) Cooperate with and, insofar as practicable, assist
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agencies, libraries, institutions, and individuals in projects
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designed to preserve original source materials relating to
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Florida history, government, and culture and prepare and publish
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handbooks, guides, indexes, and other literature directed toward
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encouraging the preservation and use of the state's documentary
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resources.
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(h) Encourage and initiate efforts to preserve, collect,
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process, transcribe, index, and research the oral history of
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Florida government.
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(i) Assist and cooperate with the records and information
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management program in the training and information program
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described in s. 257.36(1)(g).
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Section 8. This act shall take effect October 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.