Florida Senate - 2011 SB 432 By Senator Evers 2-00663-11 2011432__ 1 A bill to be entitled 2 An act relating to the privacy of firearms owners; 3 creating s. 790.338, F.S.; providing that inquiries by 4 physicians or other medical personnel concerning the 5 ownership of a firearm by a patient or the family of a 6 patient or the presence of a firearm in a private home 7 or other domicile of a patient or the family of a 8 patient violates the privacy of the patient or the 9 patient’s family members, respectively; prohibits 10 conditioning the receipt of medical treatment or care 11 on a person’s willingness or refusal to disclose 12 personal and private information unrelated to medical 13 treatment in violation of an individual’s privacy 14 contrary to specified provisions; prohibiting entry of 15 certain information concerning firearms into medical 16 records or disclosure of such information by specified 17 individuals; providing criminal penalties; providing 18 increased maximum fines for certain violations; 19 requiring informing the Attorney General of 20 prosecution of violations; providing for collection of 21 fines by the Attorney General in certain 22 circumstances; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 790.338, Florida Statutes, is created to 27 read: 28 790.338 Medical privacy concerning firearms.— 29 (1)(a) A verbal or written inquiry by a public or private 30 physician, nurse, or other medical staff person regarding the 31 ownership of a firearm by a patient or the family of a patient 32 or the presence of a firearm in a private home or other domicile 33 of a patient or the family of a patient violates the privacy of 34 the patient or the patient’s family members, respectively. 35 (b) A public or private physician, nurse, or other medical 36 staff person may not condition receipt of medical treatment or 37 medical care on a person’s willingness or refusal to disclose 38 personal and private information unrelated to medical treatment 39 in violation of an individual’s privacy as specified in this 40 section. 41 (c) A public or private physician, nurse, or other medical 42 staff person may not enter any intentionally, accidentally, or 43 inadvertently disclosed information concerning firearms into any 44 record, whether written or electronic, or disclose such 45 information to any other source. 46 (2)(a) A person who violates this section commits a felony 47 of the third degree, punishable, except as provided in paragraph 48 (b), as provided in s. 775.082, s. 775.083, or s. 775.084. 49 (b) A person who violates this section may be assessed a 50 fine of not more than $5 million if the court determines that 51 the person knew or reasonably should have known that the conduct 52 was unlawful. 53 (c) The state attorney with jurisdiction shall investigate 54 complaints of criminal violations of this section and, if there 55 is probable cause to indicate that a person may have committed a 56 violation, shall prosecute the violator and notify the Attorney 57 General. 58 (d) Notwithstanding s. 28.246(6), if a fine for a violation 59 of this section remains unpaid after 90 days, the Attorney 60 General shall bring a civil action to enforce the fine. 61 Section 2. This act shall take effect upon becoming a law.