Florida Senate - 2026                                    SB 1686
       
       
        
       By Senator Calatayud
       
       
       
       
       
       38-01487-26                                           20261686__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         1004.4352, F.S.; providing an exemption from public
    4         records requirements for certain records and personal
    5         identifying information submitted to the Parkinson’s
    6         Disease Registry; providing for future legislative
    7         review and repeal; providing a statement of public
    8         necessity; providing a contingent effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Paragraph (f) is added to subsection (5) of
   13  section 1004.4352, Florida Statutes, as created by SB __, 2026
   14  Regular Session, to read:
   15         1004.4352 Parkinson’s disease research.—
   16         (5) PARKINSON’S DISEASE REGISTRY.—Subject to a specific
   17  appropriation, the department shall contract with the consortium
   18  to establish and maintain a Parkinson’s Disease Registry to
   19  ensure that the Parkinson’s disease data required to be
   20  submitted under paragraph (a) is maintained and available for
   21  use for research to advance therapies, improve patient outcomes,
   22  and find potential cures for the disease. The department
   23  contract must require the consortium to use a nationally
   24  recognized platform to collect data from physicians as required
   25  in paragraph (a).
   26         (f) All records and personal identifying information
   27  relating to persons diagnosed with or treated for Parkinson’s
   28  disease which is submitted to the registry under this subsection
   29  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   30  I of the State Constitution, except that:
   31         1. Release may be made with the written consent of persons
   32  to whom the information applies.
   33         2. The department or the consortium may contact individuals
   34  for the purpose of epidemiological investigation and monitoring,
   35  provided information that is confidential under this subsection
   36  is not further disclosed.
   37         3. The department may enter into a data-sharing agreement
   38  with any other governmental agency or entity for the purpose of
   39  medical or scientific research, provided such governmental
   40  agency or entity does not further disclose information that is
   41  confidential under this subsection.
   42  
   43  This paragraph is subject to the Open Government Sunset Review
   44  Act in accordance with s. 119.15 and shall stand repealed on
   45  October 2, 2031, unless reviewed and saved from repeal through
   46  reenactment by the Legislature.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that all records and personal identifying information
   49  relating to persons diagnosed with or treated for Parkinson’s
   50  disease which is submitted to the Parkinson’s Disease Registry
   51  pursuant to s. 1004.4352(5), Florida Statutes, be made
   52  confidential and exempt from s. 119.07(1), Florida Statutes, and
   53  s. 24(a), Article I of the State Constitution. The Department of
   54  Health and the University of South Florida’s Consortium for
   55  Parkinson’s Disease Research are unable to effectively implement
   56  the legislative purpose of the Parkinson’s Disease Registry,
   57  created under s. s. 1004.4352(5), Florida Statutes, without
   58  access to these records and information, which include personal
   59  medical information, the disclosure of which would violate
   60  federal patient privacy laws, including the Health Insurance
   61  Portability and Accountability Act of 1996. Therefore, the
   62  Legislature finds that it is a public necessity to make such
   63  records and information held by the department confidential and
   64  exempt to protect the privacy rights of persons diagnosed with
   65  and treated for Parkinson’s disease in this state and promote
   66  the effective administration of the department’s epidemiological
   67  research and tracking activities.
   68         Section 3. This act shall take effect on the same date that
   69  SB ___ or similar legislation takes effect, if such legislation
   70  is adopted in the same legislative session or an extension
   71  thereof and becomes a law.