| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 1004.55, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for all records that relate to a client of a |
| 5 | regional autism center, the client's family, or a teacher |
| 6 | or other professional who receives the services of a |
| 7 | center or participates in center activities; providing for |
| 8 | release of specified confidential and exempt information |
| 9 | by a center under certain circumstances; providing for |
| 10 | review and repeal of the exemption; providing a statement |
| 11 | of public necessity; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (6) is added to section 1004.55, |
| 16 | Florida Statutes, to read: |
| 17 | 1004.55 Regional autism centers; public records |
| 18 | exemption.- |
| 19 | (6)(a)1. All records that relate to a client of a regional |
| 20 | autism center, the client's family, or a teacher or other |
| 21 | professional who receives the services of a center or |
| 22 | participates in center activities are confidential and exempt |
| 23 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 24 | Constitution. |
| 25 | 2. A client who receives the services of a center, if |
| 26 | competent, or the client's parent or legal guardian if the |
| 27 | client is incompetent shall be provided with a copy of the |
| 28 | client's individual records upon request. |
| 29 | (b) A regional autism center may release records or |
| 30 | information contained in records made confidential and exempt |
| 31 | under paragraph (a) as follows: |
| 32 | 1. Records may be released to physicians, attorneys, and |
| 33 | governmental entities having need of the record to aid a client, |
| 34 | as authorized by the client, if competent, or the client's |
| 35 | parent or legal guardian if the client is incompetent. |
| 36 | 2. Records shall be produced in response to a subpoena or |
| 37 | released to persons authorized by order of court. |
| 38 | 3. A record or any part thereof that is abstracted in such |
| 39 | a way as to remove any personally identifiable information may |
| 40 | be disclosed to a qualified researcher, the State Board of |
| 41 | Education, or the Florida Board of Governors when the director |
| 42 | of the center deems it necessary for the treatment of the |
| 43 | client, maintenance of adequate records, compilation of |
| 44 | treatment data, or evaluation of programs. |
| 45 | 4. Information from the records may be used for |
| 46 | statistical and research purposes by the director of the center |
| 47 | or designee; provided, however, that any personally identifiable |
| 48 | information is removed in the reporting of such statistical or |
| 49 | research data. |
| 50 | (c) This subsection is subject to the Open Government |
| 51 | Sunset Review Act in accordance with s. 119.15 and shall stand |
| 52 | repealed on October 2, 2016, unless reviewed and saved from |
| 53 | repeal through reenactment by the Legislature. |
| 54 | Section 2. The Legislature finds that it is a public |
| 55 | necessity that all records that relate to a client of a regional |
| 56 | autism center, the client's family, or a teacher or other |
| 57 | professional who receives the services of a center or |
| 58 | participates in center activities be held confidential and |
| 59 | exempt from public records requirements. Matters of personal |
| 60 | health are traditionally private and confidential concerns |
| 61 | between the patient and the health care provider. The private |
| 62 | and confidential nature of personal health matters pervades both |
| 63 | the public and private health care sectors. For these reasons, |
| 64 | the individual's expectation of and right to privacy in all |
| 65 | matters regarding his or her personal health necessitates this |
| 66 | exemption. The Legislature further finds that it is a public |
| 67 | necessity to protect records regarding clients of a regional |
| 68 | autism center, the client's family, or a teacher or other |
| 69 | professional who receives the services of a center or |
| 70 | participates in center activities because the release of such |
| 71 | records could be defamatory to the client or could cause |
| 72 | unwarranted damage to the name or reputation of that client or |
| 73 | the client's family. Information contained in records and |
| 74 | communications of a regional autism center relating to the |
| 75 | condition of autism or related disorders contain sensitive |
| 76 | personal information that, if released, could cause harm to a |
| 77 | client of the center or his or her family. Protecting such |
| 78 | records and the identity of a teacher or professional who |
| 79 | receives the services of a center or participates in center |
| 80 | activities ensures an environment in which the discussion of the |
| 81 | condition of autism or related disorders can be conducted in a |
| 82 | free and open manner, thus enabling individuals with autism and |
| 83 | their families to receive appropriate diagnostic and treatment |
| 84 | information and cope more effectively with the enormous |
| 85 | challenges posed by neurodevelopmental disorders and sensory |
| 86 | impairments. |
| 87 | Section 3. This act shall take effect July 1, 2011. |