Florida Senate - 2012                                     SB 584
       
       
       
       By Senator Richter
       
       
       
       
       37-00559-12                                            2012584__
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public records requirements for
    4         information contained in dental workforce surveys
    5         submitted by dentists or dental hygienists to the
    6         Department of Health; providing exceptions to the
    7         exemption; providing for future legislative review and
    8         repeal of the exemption under the Open Government
    9         Sunset Review Act; providing a statement of public
   10         necessity; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Confidentiality of certain information contained
   15  in dental workforce surveys.—
   16         (1) All personal identifying information that is contained
   17  in records provided by dentists or dental hygienists licensed
   18  under chapter 466, Florida Statutes, in response to dental
   19  workforce surveys and held by the Department of Health is
   20  confidential and exempt from s. 119.07(1), Florida Statutes, and
   21  s. 24(a), Article I of the State Constitution, except such
   22  information shall be disclosed:
   23         (a) With the express written consent of the individual to
   24  whom the information pertains or the individual’s legally
   25  authorized representative.
   26         (b) By court order upon a showing of good cause.
   27         (c) To a research entity, if the entity seeks the records
   28  or data pursuant to a research protocol approved by the
   29  Department of Health, maintains the records or data in
   30  accordance with the approved protocol, and enters into a
   31  purchase and data-use agreement with the department, the fee
   32  provisions of which are consistent with s. 119.07(4), Florida
   33  Statutes. The department may deny a request for records or data
   34  if the protocol provides for intrusive follow-back contacts,
   35  does not plan for the destruction of confidential records after
   36  the research is concluded, is administratively burdensome, or
   37  does not have scientific merit. The agreement must restrict the
   38  release of information that would identify individuals, limit
   39  the use of records or data to the approved research protocol,
   40  and prohibit any other use of the records or data. Copies of
   41  records or data issued pursuant to this paragraph remain the
   42  property of the department.
   43         (2) This section is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15, Florida Statutes, and
   45  shall stand repealed on October 2, 2017, unless reviewed and
   46  saved from repeal through reenactment by the Legislature.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that personal identifying information concerning a
   49  dentist or dental hygienist licensed under chapter 466, Florida
   50  Statutes, who responds to a dental workforce survey be made
   51  confidential and exempt from disclosure. Candid and honest
   52  responses by licensed dentists or dental hygienists to the
   53  workforce survey will ensure that timely and accurate
   54  information is available to the Department of Health. The
   55  Legislature finds that the failure to maintain the
   56  confidentiality of such personal identifying information would
   57  prevent the resolution of important state interests to ensure
   58  the availability of dentists or dental hygienists in this state.
   59         Section 3. This act shall take effect upon becoming a law.