Florida Senate - 2013 SB 1214 By Senator Clemens 27-01494-13 20131214__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 499.815, F.S.; exempting from public records 4 requirements a form, application, record, interview, 5 report, physician’s statement, memorandum, or drug 6 test result, relating to the medical use of cannabis, 7 held by the Department of Health, the Department of 8 Business and Professional Regulation, or the 9 Department of Revenue; providing for future 10 legislative review and repeal of the exemption under 11 the Open Government Sunset Review Act; providing a 12 statement of public necessity; providing a contingent 13 effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 499.815, Florida Statutes, is created to 18 read: 19 499.815 Public records exemption for the medical use of 20 cannabis.— 21 (1) Any application, form, record, interview, report, 22 statement, memorandum, physician’s statement, or drug test 23 results held by the Department of Health, the Department of 24 Business and Professional Regulation, and the Department of 25 Revenue under part III of chapter 499, is confidential and 26 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 27 Constitution, and may not be used or received in evidence, 28 obtained in discovery, or disclosed in any public or private 29 proceedings, except in accordance with part III of chapter 499. 30 (2) This section is subject to the Open Government Sunset 31 Review Act in accordance with s. 119.15, and shall stand 32 repealed on October 2, 2018, unless reviewed and saved from 33 repeal through reenactment by the Legislature. 34 Section 2. The Legislature finds it is a public necessity 35 that applications, forms, records, interviews, reports, 36 statements, memoranda, physician’s statements, and drug test 37 results held by the Department of Health, the Department of 38 Business and Professional Regulation, and the Department of 39 Revenue under part III of chapter 499, Florida Statutes, be made 40 confidential and exempt from disclosure. Information concerning 41 the medical use of cannabis which a physician has recommended 42 for a qualifying patient as defined in s. 499.804, Florida 43 Statutes, is a private, personal matter between the patient, the 44 physician, and the patient’s caregiver. Nevertheless, the 45 registration of qualifying patients and patients’ caregivers 46 will ensure the ability of the state to review and provide 47 oversight of prescribing and dispensing medical cannabis. If, in 48 the process, the information that would identify a qualifying 49 patient or a patient’s caregiver is not made confidential and 50 exempt from disclosure, any person could inspect and copy 51 documentation that relates to the qualifying patient’s use, 52 administration, and possession of, and the patient’s caregiver’s 53 administration and possession of, medical cannabis and be aware 54 of the qualifying patient’s use of cannabis. The availability of 55 such information to the public would result in the invasion of 56 the qualifying patient’s privacy and the patient caregiver’s 57 privacy. If information regarding the qualifying patient could 58 be correlated with his or her use of medical cannabis, it would 59 be possible for the public to become aware of the diseases or 60 other medical concerns for which the qualifying patient is being 61 treated by his or her physician. This knowledge could be used to 62 embarrass or to humiliate a qualifying patient or to 63 discriminate against him or her. Additionally, exempting from 64 disclosure information held by the departments which relates to 65 the use of medical cannabis will prevent an individual from 66 identifying which physician recommends the use of medical 67 cannabis most often and from seeking out the physician in order 68 to increase the likelihood of obtaining cannabis. Further, 69 protecting information relating to medical cannabis and its use, 70 administration, and possession by a qualifying patient, and its 71 administration and possession by the patient’s caregiver, also 72 prevents an individual from identifying the qualifying patient 73 and patient’s caregiver and from seeking out those persons for 74 robbery, burglary, or illicit drug activities. Accordingly, the 75 Legislature finds that the harm to a qualifying patient and 76 patient’s caregiver resulting from the release of the 77 information regarding the use, administration, and possession of 78 medical cannabis which is contained in documentation held by the 79 Department of Health, the Department of Business and 80 Professional Regulation, and the Department of Revenue under 81 part III of chapter 499, Florida Statutes, outweighs any minimal 82 public benefit derived from disclosure to the public, and such 83 information must therefore be confidential and exempt from 84 disclosure. 85 Section 3. This act shall take effect July 1, 2013, if SB 86 _______, or similar legislation that legalizes the medical use 87 of cannabis, is adopted in the same legislative session, or an 88 extension thereof, and becomes a law.