Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 432 Barcode 238870 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Evers) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 790.338, Florida Statutes, is created to 6 read: 7 790.338 Medical privacy concerning firearms; prohibitions; 8 penalties; exceptions.— 9 (1)(a) A verbal or written inquiry by a public or private 10 physician, nurse, or other medical staff person regarding the 11 ownership of a firearm by a patient or the family of a patient 12 or the presence of a firearm in a private home or other domicile 13 of a patient or the family of a patient violates the privacy of 14 the patient or the patient’s family members, respectively. 15 (b) A public or private physician, nurse, or other medical 16 staff person may not condition receipt of medical treatment or 17 medical care on a person’s willingness or refusal to disclose 18 personal and private information unrelated to medical treatment 19 in violation of an individual’s privacy as specified in this 20 section. 21 (c) A public or private physician, nurse, or other medical 22 staff person may not intentionally, accidentally, nor 23 inadvertently enter any disclosed information concerning 24 firearms into any record, whether written or electronic, or 25 disclose such information to any other source. 26 (2)(a) A person who violates a provision of this section 27 commits a noncriminal violation as defined in s. 775.08 and 28 punishable as provided in s. 775.082 and s. 775.083. 29 (b) If the court determines that the violation was knowing 30 and willful or in the exercise of ordinary care the person 31 should have known the act was a violation, the court shall 32 access a fine of not less than $10,000 for the first offense; 33 not less than $25,000 for the second offense; and not less than 34 $100,000 for the third and subsequent offenses. The person found 35 to have committed the violation shall be personally liable for 36 the payment of all fines, costs, and fees assessed by the court 37 for the noncriminal violation. 38 (c) The state attorney in the jurisdiction shall 39 investigate complaints of noncriminal violations of this section 40 and, where the state attorney determines probable cause that a 41 violation exists, shall prosecute violators in the circuit court 42 where the complaint arose. Any state attorney who fails to 43 execute his or her duties under this section may be held 44 accountable under the appropriate Florida rules of professional 45 conduct. 46 (d) The state attorney shall notify the Attorney General of 47 any fines accessed under this section and notwithstanding s. 48 28.246(6), and if a fine for a violation of this section remains 49 unpaid after 90 days, the Attorney General shall bring a civil 50 action to enforce the fine. 51 (e) Except as required by s. 16, Art. I of the State 52 Constitution or the Sixth Amendment to the United States 53 Constitution, public funds may not be used to defend the 54 unlawful conduct of any person charged with a knowing and 55 willful violation of this section. 56 (f) Notwithstanding any other provision of this section: 57 1. a psychiatrist as defined in s. 394.455, psychologist as 58 defined in s. 490.003, school psychologist as defined in s. 59 490.003, or clinical social worker as defined in s. 491.003, may 60 make an inquiry reasonably necessary when the person making the 61 inquiry in good faith believes that the possession or control of 62 a firearm or ammunition by the patient would pose an imminent 63 threat to himself, herself, or others; and 64 2. a public or private physician, nurse, or other medical 65 personnel may make an inquiry reasonably necessary for the 66 treatment of a patient during the course and scope of a medical 67 emergency which shall specifically include, but not be limited 68 to, a mental health or psychotic episode where the patient's 69 conduct or symptoms reasonably indicate that the patient has the 70 capacity of causing harm to himself, herself, or others; 71 72 However, a patient's response to any inquiry permissible under 73 this subsection shall be private and shall not be disclosed to 74 any third party not participating in the treatment of the 75 patient other than a law enforcement officer conducting an 76 active investigation involving the patient or the events giving 77 rise to a medical emergency. This subsection shall not apply to 78 a person's general belief that firearms or ammunition are 79 harmful to health or safety. 80 (3) Medical records created on or before the effective date 81 of this Act are not a violation of the Act. Such records, when 82 tranferred to another health care provider, are not subject to 83 the prohibitions or penalties of this Act. 84 Section 2. This act shall take effect upon becoming a law. 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete everything before the enacting clause 89 and insert: 90 A bill to be entitled 91 An act relating to the privacy of firearms owners; 92 creating s. 790.338, F.S.; providing that inquiries by 93 physicians or other medical personnel concerning the 94 ownership of a firearm by a patient or the family of a 95 patient or the presence of a firearm in a private home 96 or other domicile of a patient or the family of a 97 patient violates the privacy of the patient or the 98 patient’s family members, respectively; prohibits 99 conditioning the receipt of medical treatment or care 100 on a person’s willingness or refusal to disclose 101 personal and private information unrelated to medical 102 treatment in violation of an individual’s privacy 103 contrary to specified provisions; prohibiting entry of 104 certain information concerning firearms into medical 105 records or disclosure of such information by specified 106 individuals; providing noncriminal penalties; 107 providing for prosecution of violations; requiring 108 informing the Attorney General of prosecution of 109 violations; providing for collection of fines by the 110 Attorney General in certain circumstances; providing 111 exemptions; providing an effective date.