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A bill to be entitled

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An act relating to public records; creating s. 765.51551,

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F.S.; providing an exemption from public records

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requirements for information in the organ and tissue donor

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registry which would identify a donor; providing

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exceptions; providing for future legislative review and

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repeal of the exemption under the Open Government Sunset

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Review Act; providing a statement of public necessity;

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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.  Section 765.51551, Florida Statutes, is created

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to read:

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     765.51551 Organ and tissue donor registry; public records

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exemption.--

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     (1) Information held in the organ and tissue donor registry

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which identifies a donor is confidential and exempt from s.

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119.07(1) and s. 24(a), Art. I of the State Constitution.

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     (2) Such information may be disclosed to the following:

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     (a) Organ, tissue, and eye procurement organizations that

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have been certified by the Agency for Health Care Administration

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for the purpose of ascertaining or effectuating the existence of

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a gift under s. 765.522.

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     (b) Persons engaged in bona fide research if the person

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agrees to:

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     1. Submit a research plan to the agency that specifies the

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exact nature of the information requested and the intended use of

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the information;

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     2. Maintain the confidentiality of the records or

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information if personal identifying information is made available

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to the researcher;

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     3. Destroy any confidential records or information obtained

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after the research is concluded; and

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     4. Not directly or indirectly contact, for any purpose, any

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donor or donee.

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     (3) 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 it is a public

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necessity to make confidential and exempt from disclosure

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information held in the organ and tissue donor registry which

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would identify a donor. Such personal identifying information, if

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publicly available, could be used to invade the personal privacy

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of the donor identified in the registry. The decision to make or

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revoke an anatomical gift is a private matter of personal choice.

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Furthermore, the disclosure of such information could hinder the

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effective and efficient administration of the organ and tissue

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donation program. Access to such information could reduce

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donations and the availability of potentially life-saving organs,

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tissues, or other body parts. Finally, access to such information

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could be used to solicit, harass, stalk, or intimidate organ and

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tissue donors. Thus, the Legislature finds that information held

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in the organ and tissue donor registry which would identify a

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donor should be confidential and exempt from public records

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requirements.

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

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House Bill 1485, 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.