Amendment
Bill No. CS/SB 2610
Amendment No. 341185
CHAMBER ACTION
Senate House
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1Representative Hays offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Section 765.51551, Florida Statutes, is created
6to read:
7     765.51551  Organ and tissue donor registry; public records
8exemption.--
9     (1)  Information held in the organ and tissue donor
10registry which identifies a donor is confidential and exempt
11from s. 119.07(1) and s. 24(a), Art. I of the State
12Constitution.
13     (2)  Such information may be disclosed to the following:
14     (a)  Organ, tissue, and eye procurement organizations that
15have been certified by the Agency for Health Care Administration
16for the purpose of ascertaining or effectuating the existence of
17a gift under s. 765.522.
18     (b)  Persons engaged in bona fide research if the person
19agrees to:
20     1.  Submit a research plan to the agency that specifies the
21exact nature of the information requested and the intended use
22of the information;
23     2.  Maintain the confidentiality of the records or
24information if personal identifying information is made
25available to the researcher;
26     3.  Destroy any confidential records or information
27obtained after the research is concluded; and
28     4.  Not directly or indirectly contact, for any purpose,
29any donor or donee.
30     (3)  This section is subject to the Open Government Sunset
31Review Act in accordance with s. 119.15 and shall stand repealed
32on October 2, 2013, unless reviewed and saved from repeal
33through reenactment by the Legislature.
34     Section 2.  The Legislature finds that it is a public
35necessity to make confidential and exempt from disclosure
36information held in the organ and tissue donor registry which
37would identify a donor. Such personal identifying information,
38if publicly available, could be used to invade the personal
39privacy of the donor identified in the registry. The decision to
40make or revoke an anatomical gift is a private matter of
41personal choice. Furthermore, the disclosure of such information
42could hinder the effective and efficient administration of the
43organ and tissue donation program. Access to such information
44could reduce donations and the availability of potentially life-
45saving organs, tissues, or other body parts. Finally, access to
46such information could be used to solicit, harass, stalk, or
47intimidate organ and tissue donors. Thus, the Legislature finds
48that information held in the organ and tissue donor registry
49which would identify a donor should be confidential and exempt
50from public records requirements.
51     Section 3.  This act shall take effect on the same date
52that House Bill 1485, or similar legislation takes effect, if
53such legislation is adopted in the same legislative session or
54an extension thereof and becomes law.
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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
62An act relating to public records; creating s. 765.51551,
63F.S.; providing an exemption from public records
64requirements for information in the organ and tissue donor
65registry which would identify a donor; providing
66exceptions; providing for future legislative review and
67repeal of the exemption under the Open Government Sunset
68Review Act; providing a statement of public necessity;
69providing a contingent effective date.


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