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.