House Bill hb0687c1

    Florida House of Representatives - 2002              CS/HB 687

        By the Council for Smarter Government and 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 personal

  5         identifying information contained in records

  6         relating to a person's health held by local

  7         governmental entities or their service

  8         providers for purposes of determining

  9         eligibility for paratransit services under

10         Title II of the Americans with Disabilities Act

11         or eligibility for the transportation

12         disadvantaged program as provided in part I of

13         ch. 427, F.S.; specifying conditions under

14         which such information may be disclosed;

15         providing for retroactive application of the

16         exemption; providing for future review and

17         repeal; providing a finding of public

18         necessity; providing an effective date.

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

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22         Section 1.  Paragraph (ee) is added to subsection (3)

23  of section 119.07, Florida Statutes, to read:

24         119.07  Inspection, examination, and duplication of

25  records; exemptions.--

26         (3)

27         (ee)  All personal identifying information contained in

28  records relating to a person's health held by local

29  governmental entities or their service providers for the

30  purpose of determining eligibility for paratransit services

31  under Title II of the Americans with Disabilities Act or

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    Florida House of Representatives - 2002              CS/HB 687

    405-128-02






  1  eligibility for the transportation disadvantaged program as

  2  provided in part I of chapter 427 is confidential and exempt

  3  from the provisions of subsection (1) and s. 24(a), Art. I of

  4  the State Constitution, except as otherwise provided herein.

  5  This exemption applies to personal identifying information

  6  contained in such records held by local governmental entities

  7  or their service providers before, on, or after the effective

  8  date of this exemption. Information made confidential and

  9  exempt by this paragraph shall be disclosed:

10         1.  With the express written consent of the individual

11  or the individual's legally authorized representative;

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

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

14         3.  By court order upon a showing of good cause; or

15         4.  For purposes of determining eligibility for

16  paratransit services if the individual or the individual's

17  legally authorized representative has filed an appeal or

18  petition before an administrative body of a local government

19  or a court.

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21  This paragraph is subject to the Open Government Sunset Review

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

23  repealed on October 2, 2007, unless reviewed and saved from

24  repeal through reenactment by the Legislature.

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

26  necessity that information made confidential and exempt by

27  this act be held confidential and exempt in order to protect

28  health-related information that is of a sensitive personal

29  nature concerning individuals.  Matters of personal health are

30  traditionally private and confidential concerns between the

31  patient and the health care provider. The private and

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    Florida House of Representatives - 2002              CS/HB 687

    405-128-02






  1  confidential nature of personal health matters pervades both

  2  the public and private health care sectors. For these reasons,

  3  the individual's expectation of and right to privacy in all

  4  matters regarding his or her personal health and eligibility

  5  for paratransit services or the transportation disadvantaged

  6  program provided by a local government or its service

  7  providers necessitates this exemption.

  8         Section 3.  This act shall take effect upon becoming a

  9  law.

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