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 who receives the services of a |
6 | center or participates in center activities and the |
7 | client's family; providing for release of specified |
8 | confidential and exempt information by a center under |
9 | certain circumstances; providing an exemption from public |
10 | records requirements for personal identifying information |
11 | of a donor or prospective donor to a regional autism |
12 | center if such donor or prospective donor wishes to remain |
13 | anonymous; providing for review and repeal of the |
14 | exemptions; providing a statement of public necessity; |
15 | providing an effective date. |
16 |
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17 | Be It Enacted by the Legislature of the State of Florida: |
18 |
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19 | Section 1. Subsection (6) is added to section 1004.55, |
20 | Florida Statutes, to read: |
21 | 1004.55 Regional autism centers; public record |
22 | exemptions.- |
23 | (6)(a) CLIENT RECORDS.- |
24 | 1. All records that relate to a client of a regional |
25 | autism center who receives the services of a center or |
26 | participates in center activities, and all records that relate |
27 | to the client's family, are confidential and exempt from s. |
28 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
29 | 2. A client who receives the services of a center, if |
30 | competent, or the client's parent or legal guardian if the |
31 | client is incompetent, shall be provided with a copy of the |
32 | client's individual record upon request. |
33 | 3. A regional autism center may release the confidential |
34 | and exempt records as follows: |
35 | a. To physicians, attorneys, or governmental entities |
36 | having need of the confidential and exempt information to aid a |
37 | client, as authorized by the client, if competent, or the |
38 | client's parent or legal guardian if the client is incompetent. |
39 | b. In response to a subpoena or to persons authorized by |
40 | order of court. |
41 | c. To the State Board of Education or the Board of |
42 | Governors of the State University System when the director of |
43 | the center deems it necessary for the treatment of the client, |
44 | maintenance of adequate records, compilation of treatment data, |
45 | or evaluation of programs. |
46 | 4. Provided that personal identifying information of a |
47 | client or the client's family has been removed, a regional |
48 | autism center may release information contained in the |
49 | confidential and exempt records as follows: |
50 | a. To a person engaged in bona fide research if that |
51 | person agrees to sign a confidentiality agreement with the |
52 | regional autism center, agrees to maintain the confidentiality |
53 | of the information received, and, to the extent permitted by law |
54 | and after the research has concluded, destroy any confidential |
55 | information obtained. |
56 | b. For statistical and research purposes by the director |
57 | of the center or designee, provided that any confidential and |
58 | exempt information is removed in the reporting of such |
59 | statistical or research data. |
60 | (b) DONOR INFORMATION.-Personal identifying information of |
61 | a donor or prospective donor to a regional autism center who |
62 | desires to remain anonymous is confidential and exempt from s. |
63 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
64 | (c) REVIEW AND REPEAL.-This subsection is subject to the |
65 | Open Government Sunset Review Act in accordance with s. 119.15 |
66 | and shall stand repealed on October 2, 2016, unless reviewed and |
67 | saved from repeal through reenactment by the Legislature. |
68 | Section 2. (1) The Legislature finds that it is a public |
69 | necessity that all records that relate to a client of a regional |
70 | autism center who receives the services of a center or |
71 | participates in center activities, and all records that relate |
72 | to the client's family, be made confidential and exempt from |
73 | public records requirements. Matters of personal health are |
74 | traditionally private and confidential concerns between the |
75 | patient and the health care provider. The private and |
76 | confidential nature of personal health matters pervades both the |
77 | public and private health care sectors. For these reasons, the |
78 | individual's expectation of and right to privacy in all matters |
79 | regarding his or her personal health necessitates this |
80 | exemption. The Legislature further finds that it is a public |
81 | necessity to protect records regarding clients of a regional |
82 | autism center or the client's family, because the release of |
83 | such records could be defamatory to the client or could cause |
84 | unwarranted damage to the name or reputation of that client or |
85 | the client's family. Information contained in records and |
86 | communications of a regional autism center relating to the |
87 | condition of autism or related disorders contain sensitive |
88 | personal information that, if released, could cause harm to a |
89 | client of the center or his or her family. Protecting such |
90 | records ensures an environment in which the discussion of the |
91 | condition of autism or related disorders can be conducted in a |
92 | free and open manner, thus enabling individuals with autism and |
93 | their families to receive appropriate diagnostic and treatment |
94 | information and cope more effectively with the enormous |
95 | challenges posed by neurodevelopmental disorders and sensory |
96 | impairments. |
97 | (2) The Legislature also finds that it is a public |
98 | necessity that personal identifying information of a donor or |
99 | prospective donor to a regional autism center be made |
100 | confidential and exempt from public records requirements if such |
101 | donor or prospective donor desires to remain anonymous. If the |
102 | identity of a prospective or actual donor who desires to remain |
103 | anonymous is subject to disclosure, there is a chilling effect |
104 | on donations because donors are concerned about disclosure of |
105 | personal information leading to theft and, in particular, |
106 | identity theft, including personal safety and security. |
107 | Therefore, the Legislature finds that it is a public necessity |
108 | to make confidential and exempt from public records requirements |
109 | information that would identify a donor or prospective donor to |
110 | a regional autism center if such donor or prospective donor |
111 | wishes to remain anonymous. |
112 | Section 3. This act shall take effect July 1, 2011. |