Florida Senate - 2011                                     SB 314
       
       
       
       By Senator Richter
       
       
       
       
       37-00333-11                                            2011314__
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public-records requirements for
    4         information contained in dental workforce surveys
    5         submitted by dentists or dental hygienists to the
    6         Department of Health as a condition for license
    7         renewal; providing exceptions to the exemption;
    8         providing for future legislative review and repeal of
    9         the exemption under the Open Government Sunset Review
   10         Act; providing a statement of public necessity;
   11         providing a contingent effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Confidentiality of certain information contained
   16  in dental workforce surveys.—
   17         (1) All personal identifying information that is contained
   18  in records provided by dentists or dental hygienists licensed
   19  under chapter 466, Florida Statutes, in response to dental
   20  workforce surveys required as a condition of license renewal and
   21  held by the Department of Health is confidential and exempt from
   22  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   23  State Constitution, except such information shall be disclosed:
   24         (a) With the express written consent of the individual to
   25  whom the information pertains or the individual’s legally
   26  authorized representative.
   27         (b) By court order upon a showing of good cause.
   28         (c) To a research entity, if the entity seeks the records
   29  or data pursuant to a research protocol approved by the
   30  Department of Health, maintains the records or data in
   31  accordance with the approved protocol, and enters into a
   32  purchase and data-use agreement with the department, the fee
   33  provisions of which are consistent with s. 119.07(4), Florida
   34  Statutes. The department may deny a request for records or data
   35  if the protocol provides for intrusive follow-back contacts,
   36  does not plan for the destruction of confidential records after
   37  the research is concluded, is administratively burdensome, or
   38  does not have scientific merit. The agreement must restrict the
   39  release of information that would identify individuals, limit
   40  the use of records or data to the approved research protocol,
   41  and prohibit any other use of the records or data. Copies of
   42  records or data issued pursuant to this paragraph remain the
   43  property of the department.
   44         (2) This section is subject to the Open Government Sunset
   45  Review Act in accordance with s. 119.15, Florida Statutes, and
   46  shall stand repealed on October 2, 2016, unless reviewed and
   47  saved from repeal through reenactment by the Legislature.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that personal identifying information concerning a
   50  dentist or dental hygienist licensed under chapter 466, Florida
   51  Statutes, who responds to a dental workforce survey as a
   52  condition of licensure renewal be made confidential and exempt
   53  from disclosure. Candid and honest responses by licensed
   54  dentists or dental hygienists to the workforce survey will
   55  ensure that timely and accurate information is available to the
   56  Department of Health. The Legislature finds that the failure to
   57  maintain the confidentiality of such personal identifying
   58  information would prevent the resolution of important state
   59  interests to ensure the availability of dentists or dental
   60  hygienists in this state.
   61         Section 3. This act shall take effect on the same date that
   62  Senate Bill ____ or similar legislation takes effect, if such
   63  legislation is adopted in the same legislative session, or an
   64  extension thereof, and becomes law.