HB 7031

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding paratransit services; amending
4	s. 119.011, F.S.; providing a definition; amending s.
5	119.071, F.S.; transferring the public records exemption
6	relating to paratransit services under s. 119.0713(2),
7	F.S., to said section; expanding the exemption to apply to
8	all agencies; clarifying that the exemption applies to an
9	applicant for or a recipient of paratransit services;
10	reorganizing the exemption; removing superfluous language;
11	providing for future review and repeal of the exemption;
12	providing a statement of public necessity; repealing s. 2,
13	ch. 2003-110, Laws of Florida, which provides for repeal
14	of the exemption; amending ss. 257.34 and 257.35, F.S.;
15	conforming cross-references; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Subsections (10), (11), (12), and (13) of
20	section 119.011, Florida Statutes, are renumbered as subsections
21	(11), (12), (13), and (14), respectively, and a new subsection
22	(10) is added to that section to read:
23	119.011  Definitions.--As used in this chapter, the term:
24	(10)  "Paratransit" has the same meaning as provided in s.
25	427.011.
26	Section 2.  Subsection (2) of section 119.0713, Florida
27	Statutes, is transferred and redesignated as paragraph (h) of
28	subsection (5) of section 119.071, Florida Statutes, and amended
29	to read:
30	119.071  General exemptions from inspection and copying of
31	public records.--
32	(5)  OTHER PERSONAL INFORMATION.--
33	(h)1.(2)  All Personal identifying information of an
34	applicant for or a recipient of contained in records relating to
35	a person's health held by local governmental entities for the
36	purpose of determining eligibility for paratransit services held
37	by an agency under Title II of the Americans with Disabilities
38	Act or eligibility for the transportation disadvantaged program
39	as provided in part I of chapter 427 is confidential and exempt
40	from s. 119.07(1) and s. 24(a), Art. I of the State
41	Constitution, except as otherwise provided in this subsection.
42	2.  This exemption applies to personal identifying
43	information of an applicant for or a recipient of paratransit
44	services contained in such records held by an agency local
45	governmental entities before, on, or after the effective date of
46	this exemption.
47	3.  Information made Confidential and exempt personal
48	identifying information by this subsection shall be disclosed:
49	a.(a)  With the express written consent of the individual
50	or the individual's legally authorized representative;
51	b.(b)  In a medical emergency, but only to the extent
52	necessary to protect the health or life of the individual;
53	c.(c)  By court order upon a showing of good cause; or
54	d.(d)  To another agency in the performance of its duties
55	and responsibilities for the purpose of determining eligibility
56	for paratransit services if the individual or the individual's
57	legally authorized representative has filed an appeal or
58	petition before an administrative body of a local government or
59	a court.
60	4.  This paragraph is subject to the Open Government Sunset
61	Review Act in accordance with s. 119.15 and shall stand repealed
62	on October 2, 2013, unless reviewed and saved from repeal
63	through reenactment by the Legislature.
64	Section 3.  The Legislature finds that it is a public
65	necessity that personal identifying information of an applicant
66	for or recipient of paratransit services held by an agency be
67	made confidential and exempt from public records requirements.
68	Paratransit services include transportation services for persons
69	who because of physical or mental disability, income status, or
70	age are unable to transport themselves or to purchase
71	transportation and are, therefore, dependent upon others to
72	obtain access to health care, employment, education, shopping,
73	social activities, or other life-sustaining activities. As such,
74	information provided to an agency would be personal sensitive
75	information related to a person's physical or mental health or
76	income status. Matters of personal health are traditionally
77	private and confidential concerns between a patient and a health
78	care provider. The private and confidential nature of personal
79	health matters is recognized throughout both the public and
80	private health care sectors. For this reason, an individual's
81	expectation of a right to privacy in all matters regarding his
82	or her personal health necessitates such exemption. Furthermore,
83	the exemption ensures the protection of the identity of an
84	applicant for or recipient of paratransit services. If such
85	identifying information was not protected, the administration of
86	paratransit services would be significantly impaired because
87	applicants would be less inclined to apply for those services
88	due to the fact that such identifying information would be made
89	available to the public, which would cause an unwarranted
90	invasion into the life and privacy of applicants for and
91	recipients of such services. Thus, the number of recipients
92	would significantly decrease. As a result, the effective and
93	efficient administration of paratransit services would be
94	impaired.
95	Section 4.  Section 2 of chapter 2003-110, Laws of Florida
96	is repealed.
97	Section 5.  Subsection (1) of section 257.34, Florida
98	Statutes, is amended to read:
99	257.34  Florida International Archive and Repository.--
100	(1)  There is created within the Division of Library and
101	Information Services of the Department of State the Florida
102	International Archive and Repository for the preservation of
103	those public records, as defined in s. 119.011 s. 119.011(11),
104	manuscripts, international judgments involving disputes between
105	domestic and foreign businesses, and all other public matters
106	that the department or the Florida Council of International
107	Development deems relevant to international issues. It is the
108	duty and responsibility of the division to:
109	(a)  Organize and administer the Florida International
110	Archive and Repository.
111	(b)  Preserve and administer records that are transferred
112	to its custody; accept, arrange, and preserve them, according to
113	approved archival and repository practices; and permit them, at
114	reasonable times and under the supervision of the division, to
115	be inspected and copied. All public records transferred to the
116	custody of the division are subject to the provisions of s.
117	119.07(1).
118	(c)  Assist the records and information management program
119	in the determination of retention values for records.
120	(d)  Cooperate with and assist, insofar as practicable,
121	state institutions, departments, agencies, counties,
122	municipalities, and individuals engaged in internationally
123	related activities.
124	(e)  Provide a public research room where, under rules
125	established by the division, the materials in the international
126	archive and repository may be studied.
127	(f)  Conduct, promote, and encourage research in
128	international trade, government, and culture and maintain a
129	program of information, assistance, coordination, and guidance
130	for public officials, educational institutions, libraries, the
131	scholarly community, and the general public engaged in such
132	research.
133	(g)  Cooperate with and, insofar as practicable, assist
134	agencies, libraries, institutions, and individuals in projects
135	concerned with internationally related issues and preserve
136	original materials relating to internationally related issues.
137	(h)  Assist and cooperate with the records and information
138	management program in the training and information program
139	described in s. 257.36(1)(g).
140	Section 6.  Subsection (1) of section 257.35, Florida
141	Statutes, is amended to read:
142	257.35  Florida State Archives.--
143	(1)  There is created within the Division of Library and
144	Information Services of the Department of State the Florida
145	State Archives for the preservation of those public records, as
146	defined in s. 119.011 s. 119.011(11), manuscripts, and other
147	archival material that have been determined by the division to
148	have sufficient historical or other value to warrant their
149	continued preservation and have been accepted by the division
150	for deposit in its custody. It is the duty and responsibility of
151	the division to:
152	(a)  Organize and administer the Florida State Archives.
153	(b)  Preserve and administer such records as shall be
154	transferred to its custody; accept, arrange, and preserve them,
155	according to approved archival practices; and permit them, at
156	reasonable times and under the supervision of the division, to
157	be inspected and copied. All public records transferred to the
158	custody of the division shall be subject to the provisions of s.
159	119.07(1), except that any public record or other record
160	provided by law to be confidential or prohibited from inspection
161	by the public shall be made accessible only after a period of 50
162	years from the date of the creation of the record. Any nonpublic
163	manuscript or other archival material which is placed in the
164	keeping of the division under special terms and conditions,
165	shall be made accessible only in accordance with such law terms
166	and conditions and shall be exempt from the provisions of s.
167	119.07(1) to the extent necessary to meet the terms and
168	conditions for a nonpublic manuscript or other archival
169	material.
170	(c)  Assist the records and information management program
171	in the determination of retention values for records.
172	(d)  Cooperate with and assist insofar as practicable state
173	institutions, departments, agencies, counties, municipalities,
174	and individuals engaged in activities in the field of state
175	archives, manuscripts, and history and accept from any person
176	any paper, book, record, or similar material which in the
177	judgment of the division warrants preservation in the state
178	archives.
179	(e)  Provide a public research room where, under rules
180	established by the division, the materials in the state archives
181	may be studied.
182	(f)  Conduct, promote, and encourage research in Florida
183	history, government, and culture and maintain a program of
184	information, assistance, coordination, and guidance for public
185	officials, educational institutions, libraries, the scholarly
186	community, and the general public engaged in such research.
187	(g)  Cooperate with and, insofar as practicable, assist
188	agencies, libraries, institutions, and individuals in projects
189	designed to preserve original source materials relating to
190	Florida history, government, and culture and prepare and publish
191	handbooks, guides, indexes, and other literature directed toward
192	encouraging the preservation and use of the state's documentary
193	resources.
194	(h)  Encourage and initiate efforts to preserve, collect,
195	process, transcribe, index, and research the oral history of
196	Florida government.
197	(i)  Assist and cooperate with the records and information
198	management program in the training and information program
199	described in s. 257.36(1)(g).
200	Section 7.  This act shall take effect October 1, 2008.

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