Florida Senate - 2010                                    SB 1362
       
       
       
       By Senator Wilson
       
       
       
       
       33-01376-10                                           20101362__
    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         under the Open Government Sunset Review Act; providing
    9         a statement of necessity; providing a contingent
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (6) is added to section 985.1351,
   15  Florida Statutes, as created by SB 1220, to read:
   16         985.1351 Blood test of a child referred to or under the
   17  supervision of the department.—
   18         (6)(a) Except as otherwise provided in this section,
   19  serologic blood test results obtained pursuant to subsection (1)
   20  or subsection (2) are confidential and exempt from s. 119.07(1)
   21  and s. 24(a), Art. I of the State Constitution. However, such
   22  results may be provided to an employee or officer of the
   23  juvenile assessment center or juvenile detention facility, or to
   24  the juvenile probation officer who is responsible for the
   25  custody and care of the affected child, who has a need to know
   26  such information, and as provided in ss. 381.004, 775.0877, and
   27  960.003.
   28         (b) This subsection is subject to the Open Government
   29  Sunset Review Act in accordance with s. 119.15, and shall stand
   30  repealed on October 2, 2015, unless reviewed and saved from
   31  repeal through reenactment by the Legislature.
   32         Section 2. The Legislature finds that exempting results
   33  from serologic blood tests of children referred to or under the
   34  supervision of the Department of Juvenile Justice is a public
   35  necessity in that harm caused by releasing personal and
   36  sensitive medical information outweighs any public benefit
   37  derived from releasing such information. Such information could
   38  be embarrassing to the child and his or her family and, if
   39  released, could harm the personal and future professional
   40  reputation of, and be used to discriminate against, the child to
   41  whom the information pertains.
   42         Section 3. This act shall take effect on the same date that
   43  Senate Bill 1220 or similar legislation takes effect, if such
   44  legislation is adopted in the same legislative session, or an
   45  extension thereof, and becomes law.