House Bill hb1951

    Florida House of Representatives - 2001                HB 1951

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         119.07, F.S.; providing an exemption from

  4         public records requirements for identifying

  5         information in records relating to an

  6         individual's health or eligibility for

  7         paratransit services under Title II of the

  8         Americans with Disabilities Act made or

  9         received by local government entities or their

10         service providers; providing conditions under

11         which such information may be disclosed;

12         providing for future review and repeal;

13         providing a finding of public necessity;

14         providing an effective date.

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

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

19  of section 119.07, Florida Statutes, to read:

20         119.07  Inspection, examination, and duplication of

21  records; exemptions.--

22         (3)

23         (dd)  All personal identifying information that is

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

25  eligibility for paratransit services under Title II of the

26  Americans with Disabilities Act and that is made or received

27  by local government entities or their service providers is

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

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

30  otherwise provided by this paragraph. Information made

31  confidential and exempt by this paragraph may be disclosed:

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






    Florida House of Representatives - 2001                HB 1951

    688-180-01






  1         1.  With the express written consent of the individual

  2  or the individual's legally authorized representative;

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

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

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

  6

  7  This paragraph is subject to the Open Government Sunset Review

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

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

10  repeal through reenactment by the Legislature.

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

12  necessity that personal identifying information that is

13  contained in records relating to an individual's personal

14  health or eligibility for paratransit services under the

15  Americans with Disabilities Act and that is made or received

16  by local government entities or their service providers be

17  held confidential and exempt from public disclosure. The

18  Legislature finds that this exemption is needed to protect

19  information that is of a sensitive personal nature concerning

20  individuals. Every person has an expectation of and a right to

21  privacy in all matters concerning his or her personal health

22  or physical condition. For this reason, such matters are

23  traditionally private and confidential concerns between an

24  individual and an individual's health care provider.

25  Therefore, the individual's expectation and right to privacy

26  in all matters relating to his or her personal health and

27  eligibility for paratransit services that are provided by

28  local government or its service providers necessitates this

29  exemption.

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

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    Florida House of Representatives - 2001                HB 1951

    688-180-01






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  2                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
  4    for identifying information in records relating to an
      individual's health or eligibility for paratransit
  5    services under Title II of the Americans with
      Disabilities Act made or received by local government
  6    entities or their service providers. Provides conditions
      under which such information may be disclosed. Provides
  7    for future review and repeal. Provides a finding of
      public necessity.
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CODING: Words stricken are deletions; words underlined are additions.