HB 155

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

CODING: Words stricken are deletions; words underlined are additions.