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.