Florida Senate - 2009                                     SB 176
       
       
       
       By Senator Wilson
       
       
       
       
       33-00046-09                                            2009176__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         985.1351, F.S.; providing an exemption from public
    4         records requirements for serologic blood test results
    5         from juveniles referred to or under the supervision of
    6         the Department of Juvenile Justice; providing for
    7         future legislative review and repeal of the exemption;
    8         providing a statement of necessity; providing a
    9         contingent effective date.
   10         
   11  Be It Enacted by the Legislature of the State of Florida:
   12         
   13         Section 1. Subsection (6) is added to section 985.1351,
   14  Florida Statutes, as created by SB ___, to read:
   15         985.1351 Blood test of a child referred to or under the
   16  supervision of the department.—
   17         (6)(a) Except as otherwise provided in this section,
   18  serologic blood test results obtained pursuant to subsection (1)
   19  or subsection (2) are confidential and exempt from s. 119.07(1)
   20  and s. 24(a), Art. I of the State Constitution. However, such
   21  results may be provided to employees or officers of the juvenile
   22  assessment center, juvenile detention facility, or the child's
   23  juvenile probation officer who is responsible for the custody
   24  and care of the affected child and have a need to know such
   25  information, and as provided in ss. 381.004, 775.0877, and
   26  960.003.
   27         (b) This subsection is subject to the Open Government
   28  Sunset Review Act in accordance with s. 119.15, and shall stand
   29  repealed on October 2, 2014, unless reviewed and saved from
   30  repeal through reenactment by the Legislature.
   31         Section 2. The Legislature finds that exempting results
   32  from serologic blood tests of children referred to or under the
   33  supervision of the Department of Juvenile Justice is a public
   34  necessity in that harm caused by releasing personal and
   35  sensitive medical information outweighs any public benefit
   36  derived from releasing such information. Such information could
   37  be embarrassing to the child and his or her family and, if
   38  released, could harm the personal and future professional
   39  reputation of, and be used to discriminate against, the child to
   40  whom the information pertains.
   41         Section 3. This act shall take effect on the same date that
   42  Senate Bill ___ or similar legislation takes effect, if such
   43  legislation is adopted in the same legislative session, or an
   44  extension thereof, and becomes law.