Florida Senate - 2014                       CS for CS for SB 350
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Health Policy; and Senator Abruzzo
       
       
       
       
       585-03732-14                                           2014350c2
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public records requirements for
    4         personal identifying information of participants in a
    5         yellow dot critical motorist medical information
    6         program; providing for future legislative review and
    7         repeal of the exemption; providing a statement of
    8         public necessity; providing a contingent effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Public records exemption; participants in a
   14  yellow dot critical motorist medical information program.—
   15         (1) Personal identifying information of a participant in a
   16  yellow dot critical motorist medical information program which
   17  is held by a county participating in such program is exempt from
   18  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   19  State Constitution.
   20         (2) Subsection (1) is subject to the Open Government Sunset
   21  Review Act in accordance with s. 119.15, Florida Statutes, and
   22  is repealed on October 2, 2019, unless reviewed and saved from
   23  repeal through reenactment by the Legislature.
   24         Section 2. The Legislature finds that it is a public
   25  necessity that the personal identifying information of a
   26  participant in a yellow dot critical motorist medical
   27  information program held by a county participating in such
   28  program be made exempt from s. 119.07(1), Florida Statutes, and
   29  s. 24(a), Article I of the State Constitution. Nevertheless,
   30  allowing the participating counties to distribute yellow dot
   31  folders, as well as allowing emergency medical responders and
   32  law enforcement agents to access the information provided in
   33  yellow dot folders, will ensure the most rapid and effective
   34  treatment for victims of serious traffic accidents. If the
   35  personal identifying information of a participant in such
   36  program were not exempt from disclosure, any person could
   37  inspect and copy documentation that identifies the program
   38  participant. Consequently, the availability of such information
   39  to the public would result in the invasion of the program
   40  participant’s privacy. Finally, protecting the personal
   41  identifying information of a participant in such program
   42  prevents the identification of program participants who could be
   43  victimized by robbery, burglary, or illicit drug activities.
   44  Accordingly, the Legislature finds that the harm to a program
   45  participant which could result from the release of personal
   46  identifying information of the participant outweighs any minimal
   47  public benefit that would be derived from disclosure of that
   48  information to the public. Therefore, it is the finding of the
   49  Legislature that such identifying information must be made
   50  confidential and exempt from public disclosure.
   51         Section 3. This act shall take effect on the same date that
   52  SB 262 or similar legislation authorizing the governing body of
   53  a county to create a yellow dot critical motorist medical
   54  information program takes effect, if such legislation is adopted
   55  in the same legislative session or an extension thereof and
   56  becomes a law.