Florida Senate - 2018                                    SB 1760
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01824-18                                           20181760__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         408.985, F.S.; defining terms; providing an exemption
    4         from public records requirements for the personal
    5         identifying information of any member of the Healthy
    6         Florida program created under SB ____ which is held by
    7         certain entities; providing that such information may
    8         be disclosed to specified entities under certain
    9         circumstances; providing a criminal penalty for a
   10         person who willfully and knowingly discloses such
   11         information to an unauthorized person or entity;
   12         providing for future legislative review and repeal of
   13         the exemption; providing a statement of public
   14         necessity; providing a contingent effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 408.985, Florida Statutes, is created to
   19  read:
   20         408.985 Public records exemption.—
   21         (1) As used in this section, the term:
   22         (a) “Agency” has the same meaning as provided in s.
   23  119.011(2).
   24         (b) “Personal identifying information” means a member’s
   25  name, date of birth, home address or mailing address, e-mail
   26  address, or telephone number. For purposes of records disclosure
   27  to a law enforcement officer or an immigration agency or
   28  authority, the term also includes information about a member’s
   29  religious beliefs, practices, or affiliation; national origin;
   30  ethnicity; or immigration status.
   31         (c) “Record” means information that is inscribed on a
   32  tangible medium or that is stored in an electronic or other
   33  medium and is retrievable in perceivable form.
   34         (2) The personal identifying information of any member of
   35  the Healthy Florida program which is contained in any record
   36  held by the Healthy Florida Board, the public advisory committee
   37  established under s. 408.954, or an agency performing any duty
   38  under the Healthy Florida program is confidential and exempt
   39  from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution.
   41         (3) An entity identified in subsection (2) may disclose
   42  information made confidential and exempt under this section to
   43  another agency, a federal governmental entity, an allied health
   44  practitioner, a care coordinator, an essential community
   45  provider, a health care organization, an integrated health care
   46  delivery system, or a participating provider only for the
   47  purpose of administering this program.
   48         (4) A person who willfully and knowingly discloses personal
   49  identifying information made confidential and exempt under this
   50  section to an unauthorized person or entity commits a
   51  misdemeanor of the first degree, punishable as provided in s.
   52  775.082 or s. 775.083.
   53         (5) This section is subject to the Open Government Sunset
   54  Review Act in accordance with s. 119.15 and shall stand repealed
   55  on October 2, 2023, unless reviewed and saved from repeal
   56  through reenactment by the Legislature.
   57         Section 2. The Legislature finds that it is a public
   58  necessity to exempt from s. 119.07(1), Florida Statutes, and s.
   59  24(a), Article I of the State Constitution the personal
   60  identifying information of any Healthy Florida program member
   61  which is contained in any record held by the Healthy Florida
   62  Board, the public advisory committee established under s.
   63  408.954, or an agency performing any duty under the Healthy
   64  Florida program. Such information is of a sensitive, personal
   65  nature, and disclosure of such information could result in
   66  unwanted solicitation of a Healthy Florida member or invasion of
   67  a member’s patient privacy. The Legislature finds that patient
   68  privacy under the Healthy Florida program, a statewide universal
   69  single-payer health care coverage program open to all residents
   70  of this state, outweighs any public benefit derived from public
   71  disclosure of a member’s personal identifying information. The
   72  Legislature also finds that information about a member’s
   73  religious beliefs, practices, or affiliation, national origin,
   74  ethnicity, or immigration status which may be obtained from a
   75  member in the course of providing health care services to the
   76  member is part of patient privacy and should not be disclosed to
   77  a law enforcement officer or an immigration agency or authority.
   78         Section 3. This act shall take effect on the same date that
   79  SB ____ or similar legislation takes effect, if such legislation
   80  is adopted in the same legislative session or an extension
   81  thereof and becomes a law.