Senate Bill sb1238

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    Florida Senate - 2001                                  SB 1238

    By Senator Sebesta





    20-1154-01

  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing exemptions from

  4         public-records requirements for medical

  5         information relating to an individual's health

  6         or eligibility for paratransit services under

  7         Title II of the Americans with Disabilities Act

  8         made or received by local government entities

  9         or their service providers; providing

10         conditions upon which such information may be

11         disclosed; providing for future review and

12         repeal; providing a finding of public

13         necessity; providing an effective date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Paragraph (dd) is added to subsection (3)

18  of section 119.07, Florida Statutes, to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (dd)  All personally identifying information that is

22  contained in records relating to an individual's health or

23  eligibility for paratransit services under Title II of the

24  Americans with Disabilities Act and that is made or received

25  by local government entities or their service providers is

26  confidential and exempt from the provisions of subsection (1)

27  and s. 24(a), Art. I of the State Constitution, except as

28  otherwise provided by law. Information made confidential and

29  exempt by this paragraph may be disclosed:

30         1.  With the express written consent of the individual

31  or the individual's legally authorized representative.

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    Florida Senate - 2001                                  SB 1238
    20-1154-01




  1  Furthermore, if a request is made for the specific records of

  2  an individual, such records may be disclosed only with the

  3  express written consent of the individual or the individual's

  4  legally authorized representative;

  5         2.  In a medical emergency, but only to the extent

  6  necessary to protect the health or life of the individual; or

  7         3.  By order of a court upon a showing of good cause.

  8

  9  This paragraph is subject to the Open Government Sunset Review

10  Act of 1995 in accordance with s. 119.15, and shall stand

11  repealed on October 2, 2006, unless reviewed and saved from

12  repeal through reenactment of the Legislature.

13         Section 2.  The Legislature finds that it is a public

14  necessity that personally identifying information that is

15  contained in records relating to an individual's personal

16  health or eligibility for paratransit services under the

17  Americans with Disabilities Act and that is made or received

18  by local government entities or their service providers be

19  held confidential and exempt from public disclosure unless

20  otherwise provided by law. The Legislature finds that this

21  exemption is needed to protect information that is of a

22  sensitive personal nature concerning individuals. Every person

23  has an expectation of and a right to privacy in all matters

24  concerning his or her personal health or physical condition.

25  For this reason, such matters are traditionally private and

26  confidential concerns between an individual and an

27  individual's health care provider. Therefore the individual's

28  expectation and right to privacy in all matters relating to

29  his or her personal health and eligibility for paratransit

30  services that are provided by local government or its agents

31  necessitates this exemption.

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    Florida Senate - 2001                                  SB 1238
    20-1154-01




  1         Section 3.  This act shall take effect July 1, 2001.

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  4                          SENATE SUMMARY

  5    Provides exemptions from the public records requirements
      for medical information relating to an individual's
  6    health or eligibility for paratransit services under
      Title II of the Americans with Disabilities Act made or
  7    received by local government entities or their service
      providers. Provides conditions upon which such
  8    information may be disclosed. Provides for future review
      and repeal. Provides a finding of public necessity.
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