1 | A bill to be entitled |
2 | An act relating to the privacy of firearms owners; |
3 | creating s. 790.338, F.S.; providing that inquiries by |
4 | physicians or other medical personnel concerning the |
5 | ownership of a firearm by a patient or the family of a |
6 | patient or the presence of a firearm in a private home or |
7 | other domicile of a patient or the family of a patient |
8 | violates the privacy of the patient or the patient's |
9 | family members, respectively; prohibits conditioning the |
10 | receipt of medical treatment or care on a person's |
11 | willingness or refusal to disclose personal and private |
12 | information unrelated to medical treatment in violation of |
13 | an individual's privacy contrary to specified provisions; |
14 | prohibiting entry of certain information concerning |
15 | firearms into medical records or disclosure of such |
16 | information by specified individuals; providing criminal |
17 | penalties; providing increased maximum fines for certain |
18 | violations; requiring informing the Attorney General of |
19 | prosecution of violations; providing for collection of |
20 | fines by the Attorney General in certain circumstances; |
21 | providing an effective date. |
22 |
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23 | Be It Enacted by the Legislature of the State of Florida: |
24 |
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25 | Section 1. Section 790.338, Florida Statutes, is created |
26 | to read: |
27 | 790.338 Medical privacy concerning firearms.- |
28 | (1)(a) A verbal or written inquiry by a public or private |
29 | physician, nurse, or other medical staff person regarding the |
30 | ownership of a firearm by a patient or the family of a patient |
31 | or the presence of a firearm in a private home or other domicile |
32 | of a patient or the family of a patient violates the privacy of |
33 | the patient or the patient's family members, respectively. |
34 | (b) A public or private physician, nurse, or other medical |
35 | staff person may not condition receipt of medical treatment or |
36 | medical care on a person's willingness or refusal to disclose |
37 | personal and private information unrelated to medical treatment |
38 | in violation of an individual's privacy as specified in this |
39 | section. |
40 | (c) A public or private physician, nurse, or other medical |
41 | staff person may not enter any intentionally, accidentally, or |
42 | inadvertently disclosed information concerning firearms into any |
43 | record, whether written or electronic, or disclose such |
44 | information to any other source. |
45 | (2)(a) A person who violates this section commits a felony |
46 | of the third degree, punishable, except as provided in paragraph |
47 | (b), as provided in s. 775.082, s. 775.083, or s. 775.084. |
48 | (b) A person who violates this section may be assessed a |
49 | fine of not more than $5 million if the court determines that |
50 | the person knew or reasonably should have known that the conduct |
51 | was unlawful. |
52 | (c) The state attorney with jurisdiction shall investigate |
53 | complaints of criminal violations of this section and, if there |
54 | is probable cause to indicate that a person may have committed a |
55 | violation, shall prosecute the violator and notify the Attorney |
56 | General. |
57 | (d) Notwithstanding s. 28.246(6), if a fine for a |
58 | violation of this section remains unpaid after 90 days, the |
59 | Attorney General shall bring a civil action to enforce the fine. |
60 | Section 2. This act shall take effect upon becoming a law. |