CS/HB 579

1
A bill to be entitled
2An act relating to public records; amending s. 1004.55,
3F.S.; providing an exemption from public records
4requirements for all records that relate to a client of a
5regional autism center who receives the services of a
6center or participates in center activities and the
7client's family; providing for release of specified
8confidential and exempt information by a center under
9certain circumstances; providing an exemption from public
10records requirements for personal identifying information
11of a donor or prospective donor to a regional autism
12center if such donor or prospective donor wishes to remain
13anonymous; providing for review and repeal of the
14exemptions; providing a statement of public necessity;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (6) is added to section 1004.55,
20Florida Statutes, to read:
21     1004.55  Regional autism centers; public record
22exemptions.-
23     (6)(a)  CLIENT RECORDS.-
24     1.  All records that relate to a client of a regional
25autism center who receives the services of a center or
26participates in center activities, and all records that relate
27to the client's family, are confidential and exempt from s.
28119.07(1) and s. 24(a), Art. I of the State Constitution.
29     2.  A client who receives the services of a center, if
30competent, or the client's parent or legal guardian if the
31client is incompetent, shall be provided with a copy of the
32client's individual record upon request.
33     3.  A regional autism center may release the confidential
34and exempt records as follows:
35     a.  To physicians, attorneys, or governmental entities
36having need of the confidential and exempt information to aid a
37client, as authorized by the client, if competent, or the
38client's parent or legal guardian if the client is incompetent.
39     b.  In response to a subpoena or to persons authorized by
40order of court.
41     c.  To the State Board of Education or the Board of
42Governors of the State University System when the director of
43the center deems it necessary for the treatment of the client,
44maintenance of adequate records, compilation of treatment data,
45or evaluation of programs.
46     4.  Provided that personal identifying information of a
47client or the client's family has been removed, a regional
48autism center may release information contained in the
49confidential and exempt records as follows:
50     a.  To a person engaged in bona fide research if that
51person agrees to sign a confidentiality agreement with the
52regional autism center, agrees to maintain the confidentiality
53of the information received, and, to the extent permitted by law
54and after the research has concluded, destroy any confidential
55information obtained.
56     b.  For statistical and research purposes by the director
57of the center or designee, provided that any confidential and
58exempt information is removed in the reporting of such
59statistical or research data.
60     (b)  DONOR INFORMATION.-Personal identifying information of
61a donor or prospective donor to a regional autism center who
62desires to remain anonymous is confidential and exempt from s.
63119.07(1) and s. 24(a), Art. I of the State Constitution.
64     (c)  REVIEW AND REPEAL.-This subsection is subject to the
65Open Government Sunset Review Act in accordance with s. 119.15
66and shall stand repealed on October 2, 2016, unless reviewed and
67saved from repeal through reenactment by the Legislature.
68     Section 2.  (1)  The Legislature finds that it is a public
69necessity that all records that relate to a client of a regional
70autism center who receives the services of a center or
71participates in center activities, and all records that relate
72to the client's family, be made confidential and exempt from
73public records requirements. Matters of personal health are
74traditionally private and confidential concerns between the
75patient and the health care provider. The private and
76confidential nature of personal health matters pervades both the
77public and private health care sectors. For these reasons, the
78individual's expectation of and right to privacy in all matters
79regarding his or her personal health necessitates this
80exemption. The Legislature further finds that it is a public
81necessity to protect records regarding clients of a regional
82autism center or the client's family, because the release of
83such records could be defamatory to the client or could cause
84unwarranted damage to the name or reputation of that client or
85the client's family. Information contained in records and
86communications of a regional autism center relating to the
87condition of autism or related disorders contain sensitive
88personal information that, if released, could cause harm to a
89client of the center or his or her family. Protecting such
90records ensures an environment in which the discussion of the
91condition of autism or related disorders can be conducted in a
92free and open manner, thus enabling individuals with autism and
93their families to receive appropriate diagnostic and treatment
94information and cope more effectively with the enormous
95challenges posed by neurodevelopmental disorders and sensory
96impairments.
97     (2)  The Legislature also finds that it is a public
98necessity that personal identifying information of a donor or
99prospective donor to a regional autism center be made
100confidential and exempt from public records requirements if such
101donor or prospective donor desires to remain anonymous. If the
102identity of a prospective or actual donor who desires to remain
103anonymous is subject to disclosure, there is a chilling effect
104on donations because donors are concerned about disclosure of
105personal information leading to theft and, in particular,
106identity theft, including personal safety and security.
107Therefore, the Legislature finds that it is a public necessity
108to make confidential and exempt from public records requirements
109information that would identify a donor or prospective donor to
110a regional autism center if such donor or prospective donor
111wishes to remain anonymous.
112     Section 3.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.