Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 432
       
       
       
       
       
       
                                Barcode 238870                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2011           .                                
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       The Committee on Criminal Justice (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 790.338, Florida Statutes, is created to
    6  read:
    7         790.338 Medical privacy concerning firearms; prohibitions;
    8  penalties; exceptions.—
    9         (1)(a) A verbal or written inquiry by a public or private
   10  physician, nurse, or other medical staff person regarding the
   11  ownership of a firearm by a patient or the family of a patient
   12  or the presence of a firearm in a private home or other domicile
   13  of a patient or the family of a patient violates the privacy of
   14  the patient or the patient’s family members, respectively.
   15         (b) A public or private physician, nurse, or other medical
   16  staff person may not condition receipt of medical treatment or
   17  medical care on a person’s willingness or refusal to disclose
   18  personal and private information unrelated to medical treatment
   19  in violation of an individual’s privacy as specified in this
   20  section.
   21         (c) A public or private physician, nurse, or other medical
   22  staff person may not intentionally, accidentally, nor
   23  inadvertently enter any disclosed information concerning
   24  firearms into any record, whether written or electronic, or
   25  disclose such information to any other source.
   26         (2)(a) A person who violates a provision of this section
   27  commits a noncriminal violation as defined in s. 775.08 and
   28  punishable as provided in s. 775.082 and s. 775.083.
   29         (b) If the court determines that the violation was knowing
   30  and willful or in the exercise of ordinary care the person
   31  should have known the act was a violation, the court shall
   32  access a fine of not less than $10,000 for the first offense;
   33  not less than $25,000 for the second offense; and not less than
   34  $100,000 for the third and subsequent offenses. The person found
   35  to have committed the violation shall be personally liable for
   36  the payment of all fines, costs, and fees assessed by the court
   37  for the noncriminal violation.
   38         (c)The state attorney in the jurisdiction shall
   39  investigate complaints of noncriminal violations of this section
   40  and, where the state attorney determines probable cause that a
   41  violation exists, shall prosecute violators in the circuit court
   42  where the complaint arose. Any state attorney who fails to
   43  execute his or her duties under this section may be held
   44  accountable under the appropriate Florida rules of professional
   45  conduct.
   46         (d) The state attorney shall notify the Attorney General of
   47  any fines accessed under this section and notwithstanding s.
   48  28.246(6), and if a fine for a violation of this section remains
   49  unpaid after 90 days, the Attorney General shall bring a civil
   50  action to enforce the fine.
   51         (e)Except as required by s. 16, Art. I of the State
   52  Constitution or the Sixth Amendment to the United States
   53  Constitution, public funds may not be used to defend the
   54  unlawful conduct of any person charged with a knowing and
   55  willful violation of this section.
   56         (f) Notwithstanding any other provision of this section:
   57         1. a psychiatrist as defined in s. 394.455, psychologist as
   58  defined in s. 490.003, school psychologist as defined in s.
   59  490.003, or clinical social worker as defined in s. 491.003, may
   60  make an inquiry reasonably necessary when the person making the
   61  inquiry in good faith believes that the possession or control of
   62  a firearm or ammunition by the patient would pose an imminent
   63  threat to himself, herself, or others; and
   64         2. a public or private physician, nurse, or other medical
   65  personnel may make an inquiry reasonably necessary for the
   66  treatment of a patient during the course and scope of a medical
   67  emergency which shall specifically include, but not be limited
   68  to, a mental health or psychotic episode where the patient's
   69  conduct or symptoms reasonably indicate that the patient has the
   70  capacity of causing harm to himself, herself, or others;
   71  
   72  However, a patient's response to any inquiry permissible under
   73  this subsection shall be private and shall not be disclosed to
   74  any third party not participating in the treatment of the
   75  patient other than a law enforcement officer conducting an
   76  active investigation involving the patient or the events giving
   77  rise to a medical emergency. This subsection shall not apply to
   78  a person's general belief that firearms or ammunition are
   79  harmful to health or safety.
   80         (3) Medical records created on or before the effective date
   81  of this Act are not a violation of the Act. Such records, when
   82  tranferred to another health care provider, are not subject to
   83  the prohibitions or penalties of this Act.
   84         Section 2. This act shall take effect upon becoming a law.
   85  
   86  ================= T I T L E  A M E N D M E N T ================
   87         And the title is amended as follows:
   88         Delete everything before the enacting clause
   89  and insert:
   90                        A bill to be entitled                      
   91         An act relating to the privacy of firearms owners;
   92         creating s. 790.338, F.S.; providing that inquiries by
   93         physicians or other medical personnel concerning the
   94         ownership of a firearm by a patient or the family of a
   95         patient or the presence of a firearm in a private home
   96         or other domicile of a patient or the family of a
   97         patient violates the privacy of the patient or the
   98         patient’s family members, respectively; prohibits
   99         conditioning the receipt of medical treatment or care
  100         on a person’s willingness or refusal to disclose
  101         personal and private information unrelated to medical
  102         treatment in violation of an individual’s privacy
  103         contrary to specified provisions; prohibiting entry of
  104         certain information concerning firearms into medical
  105         records or disclosure of such information by specified
  106         individuals; providing noncriminal penalties;
  107         providing for prosecution of violations; requiring
  108         informing the Attorney General of prosecution of
  109         violations; providing for collection of fines by the
  110         Attorney General in certain circumstances; providing
  111         exemptions; providing an effective date.