1 | Representative Hays offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove everything after the enacting clause and insert: |
5 | Section 1. Section 765.51551, Florida Statutes, is created |
6 | to read: |
7 | 765.51551 Organ and tissue donor registry; public records |
8 | exemption.-- |
9 | (1) Information held in the organ and tissue donor |
10 | registry which identifies a donor is confidential and exempt |
11 | from s. 119.07(1) and s. 24(a), Art. I of the State |
12 | Constitution. |
13 | (2) Such information may be disclosed to the following: |
14 | (a) Organ, tissue, and eye procurement organizations that |
15 | have been certified by the Agency for Health Care Administration |
16 | for the purpose of ascertaining or effectuating the existence of |
17 | a gift under s. 765.522. |
18 | (b) Persons engaged in bona fide research if the person |
19 | agrees to: |
20 | 1. Submit a research plan to the agency that specifies the |
21 | exact nature of the information requested and the intended use |
22 | of the information; |
23 | 2. Maintain the confidentiality of the records or |
24 | information if personal identifying information is made |
25 | available to the researcher; |
26 | 3. Destroy any confidential records or information |
27 | obtained after the research is concluded; and |
28 | 4. Not directly or indirectly contact, for any purpose, |
29 | any donor or donee. |
30 | (3) This section is subject to the Open Government Sunset |
31 | Review Act in accordance with s. 119.15 and shall stand repealed |
32 | on October 2, 2013, unless reviewed and saved from repeal |
33 | through reenactment by the Legislature. |
34 | Section 2. The Legislature finds that it is a public |
35 | necessity to make confidential and exempt from disclosure |
36 | information held in the organ and tissue donor registry which |
37 | would identify a donor. Such personal identifying information, |
38 | if publicly available, could be used to invade the personal |
39 | privacy of the donor identified in the registry. The decision to |
40 | make or revoke an anatomical gift is a private matter of |
41 | personal choice. Furthermore, the disclosure of such information |
42 | could hinder the effective and efficient administration of the |
43 | organ and tissue donation program. Access to such information |
44 | could reduce donations and the availability of potentially life- |
45 | saving organs, tissues, or other body parts. Finally, access to |
46 | such information could be used to solicit, harass, stalk, or |
47 | intimidate organ and tissue donors. Thus, the Legislature finds |
48 | that information held in the organ and tissue donor registry |
49 | which would identify a donor should be confidential and exempt |
50 | from public records requirements. |
51 | Section 3. This act shall take effect on the same date |
52 | that House Bill 1485, or similar legislation takes effect, if |
53 | such legislation is adopted in the same legislative session or |
54 | an extension thereof and becomes law. |
55 |
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56 |
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57 |
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58 | ----------------------------------------------------- |
59 | T I T L E A M E N D M E N T |
60 | Remove the entire title and insert: |
61 | A bill to be entitled |
62 | An act relating to public records; creating s. 765.51551, |
63 | F.S.; providing an exemption from public records |
64 | requirements for information in the organ and tissue donor |
65 | registry which would identify a donor; providing |
66 | exceptions; providing for future legislative review and |
67 | repeal of the exemption under the Open Government Sunset |
68 | Review Act; providing a statement of public necessity; |
69 | providing a contingent effective date. |