| 1 | A bill to be entitled |
| 2 | An act relating to public records; providing an exemption |
| 3 | from public records requirements for information contained |
| 4 | in dental workforce surveys submitted by dentists and |
| 5 | dental hygienists to the Department of Health as a |
| 6 | condition for license renewal; providing exceptions to the |
| 7 | exemption; providing for future legislative review and |
| 8 | repeal of the exemption under the Open Government Sunset |
| 9 | Review Act; providing a statement of public necessity; |
| 10 | providing a contingent effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Confidentiality of certain information |
| 15 | contained in dental workforce surveys.- |
| 16 | (1) All personal identifying information contained in |
| 17 | records provided by dentists and dental hygienists licensed |
| 18 | under chapter 466, Florida Statutes, in response to dental |
| 19 | workforce surveys required as a condition of license renewal and |
| 20 | held by the Department of Health is confidential and exempt from |
| 21 | s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the |
| 22 | State Constitution, except such information shall be disclosed: |
| 23 | (a) With the express written consent of the individual to |
| 24 | whom the information pertains or the individual's legally |
| 25 | authorized representative. |
| 26 | (b) By court order upon a showing of good cause. |
| 27 | (c) To a research entity, if the entity seeks the records |
| 28 | or data pursuant to a research protocol approved by the |
| 29 | Department of Health, maintains the records or data in |
| 30 | accordance with the approved protocol, and enters into a |
| 31 | purchase and data-use agreement with the department, the fee |
| 32 | provisions of which are consistent with s. 119.07(4), Florida |
| 33 | Statutes. The department may deny a request for records or data |
| 34 | if the protocol provides for intrusive follow-back contacts, |
| 35 | does not plan for the destruction of confidential records after |
| 36 | the research is concluded, is administratively burdensome, or |
| 37 | does not have scientific merit. The agreement must restrict the |
| 38 | release of information that would identify individuals, limit |
| 39 | the use of records or data to the approved research protocol, |
| 40 | and prohibit any other use of the records or data. Copies of |
| 41 | records or data issued pursuant to this paragraph remain the |
| 42 | property of the department. |
| 43 | (2) This section is subject to the Open Government Sunset |
| 44 | Review Act in accordance with s. 119.15, Florida Statutes, and |
| 45 | shall stand repealed on October 2, 2015, unless reviewed and |
| 46 | saved from repeal through reenactment by the Legislature. |
| 47 | Section 2. The Legislature finds that it is a public |
| 48 | necessity that personal identifying information concerning a |
| 49 | dentist or dental hygienist licensed under chapter 466, Florida |
| 50 | Statutes, who responds to a dental workforce survey as a |
| 51 | condition of licensure renewal be made confidential and exempt |
| 52 | from disclosure. Candid and honest responses by licensed |
| 53 | dentists and dental hygienists to the survey will ensure that |
| 54 | timely and accurate information is available to the Department |
| 55 | of Health. The Legislature finds that the failure to maintain |
| 56 | the confidentiality of such personal identifying information |
| 57 | would prevent the resolution of important state interests to |
| 58 | ensure the availability of dentists and dental hygienists in |
| 59 | this state. |
| 60 | Section 3. This act shall take effect on the same date |
| 61 | that House Bill 537 or similar legislation takes effect, if such |
| 62 | legislation is adopted in the same legislative session, or an |
| 63 | extension thereof, and becomes law. |