| 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 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Confidentiality of certain information |
| 15 | contained 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. |