Florida Senate - 2011 SB 1456 By Senator Garcia 40-01430-11 20111456__ 1 A bill to be entitled 2 An act relating to public records; amending s. 3 408.910, F.S.; creating an exemption from public 4 records requirements for personal, identifying 5 information of a registrant, applicant, participant, 6 or enrollee in the Florida Health Choices Program; 7 providing exceptions; authorizing an enrollee’s legal 8 guardian to obtain confirmation of certain information 9 about the enrollee’s health plan; providing for 10 applicability; providing a penalty for unlawful 11 disclosure of personal, identifying information; 12 providing for future legislative review and repeal of 13 the exemption under the Open Government Sunset Review 14 Act; providing a statement of necessity; providing an 15 effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Subsection (14) is added to section 408.910, 20 Florida Statutes, to read: 21 408.910 Florida Health Choices Program.— 22 (14) EXEMPTION FROM PUBLIC-RECORDS REQUIREMENTS.— 23 (a) Any personal, identifying information of an applicant, 24 enrollee, or participant in the Florida Health Choices Program 25 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 26 I of the State Constitution. Upon request, such information 27 shall be disclosed to: 28 1. Another governmental entity in the performance of its 29 official duties and responsibilities. 30 2. Any person who has the written consent of the program 31 applicant. 32 3. The Florida KidCare Program for the purpose of 33 administering the program authorized in ss. 409.810-409.821. 34 (b) This subsection does not prohibit an enrollee’s legal 35 guardian from obtaining confirmation of coverage, dates of 36 coverage, the name of the enrollee’s health plan, and the amount 37 of premium being paid. 38 (c) This exemption applies to any information identifying 39 an applicant, enrollee, or participant in the Florida Health 40 Choices Program before, on, or after the effective date of this 41 exemption. 42 (d) A person who knowingly and willfully violates paragraph 43 (a) commits a misdemeanor of the second degree, punishable as 44 provided in s. 775.082 or s. 775.083. 45 (e) This subsection is subject to the Open Government 46 Sunset Review Act in accordance with s. 119.15, and shall stand 47 repealed on October 2, 2016, unless reviewed and saved from 48 repeal through reenactment by the Legislature. 49 Section 2. The Legislature finds that it is a public 50 necessity that any information identifying an applicant, 51 enrollee, or participant in the Florida Health Choices Program 52 be held confidential and exempt from disclosure under the 53 public-records law in order to protect sensitive personal, 54 financial, and medical information. The harm caused by releasing 55 such personal and sensitive information outweighs any public 56 benefit derived from releasing such information. If such 57 information is not kept confidential, the administration of the 58 program could be significantly impaired because the applicants, 59 participants, and enrollees would be less inclined to 60 participate in the program if personal medical and financial 61 information were made available to the public. Moreover, the 62 administration of the Florida Health Choices Program would be 63 significantly impaired because applicants would be less inclined 64 to apply to the program due to the fact that such identifying 65 information would be made available to the public. Such 66 disclosure would cause an unwarranted invasion into the life and 67 privacy of program applicants thereby significantly decreasing 68 the number of program enrollees. Therefore, it is a public 69 necessity that any information identifying an applicant, 70 participant, or enrollee in the Florida Health Choices Program 71 be held confidential and exempt from public-records 72 requirements. 73 Section 3. This act shall take effect October 1, 2011.