| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records; creating s. 381.8531, |
| 7 | F.S.; providing an exemption from public records |
| 8 | requirements for an individual's medical record or |
| 9 | information received from an individual from another state |
| 10 | or nation or the Federal Government that is otherwise |
| 11 | confidential or exempt that is held by the Florida Center |
| 12 | for Brain Tumor Research; providing for future review and |
| 13 | repeal; providing a finding of public necessity; providing |
| 14 | a contingent effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 381.8531, Florida Statutes, is created |
| 19 | to read: |
| 20 | 381.8531 Florida Center for Brain Tumor Research; public |
| 21 | records exemption.-- |
| 22 | (1) The following information held by the Florida Center |
| 23 | for Brain Tumor Research is confidential and exempt from s. |
| 24 | 119.07(1) and s. 24, Art. I of the State Constitution: |
| 25 | (a) An individual's medical record. |
| 26 | (b) Any information received from an individual from |
| 27 | another state or nation or the Federal Government that is |
| 28 | otherwise confidential or exempt pursuant to the laws of that |
| 29 | state or nation or pursuant to federal law. |
| 30 | (2) This section is subject to the Open Government Sunset |
| 31 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 32 | on October 2, 2011, unless reviewed and saved from repeal |
| 33 | through reenactment by the Legislature. |
| 34 | Section 2. The Legislature finds that it is a public |
| 35 | necessity that an individual's medical record held by the brain |
| 36 | tumor registry developed pursuant to s. 381.853(3), Florida |
| 37 | Statutes, be made confidential and exempt from public records |
| 38 | requirements. Matters of personal health are traditionally |
| 39 | private and confidential concerns between the patient and the |
| 40 | health care provider. The private and confidential nature of |
| 41 | personal health matters pervades both the public and private |
| 42 | health care sectors. For these reasons, the individual's |
| 43 | expectation of and right to privacy in all matters regarding his |
| 44 | or her personal health necessitates this exemption. The |
| 45 | Legislature further finds that it is a public necessity to |
| 46 | protect a patient's medical record because the release of such |
| 47 | record could be defamatory to the patient or could cause |
| 48 | unwarranted damage to the name or reputation of that patient. |
| 49 | Finally, the Legislature finds that it is a public necessity to |
| 50 | protect information received by the brain tumor registry from an |
| 51 | individual from another state or nation or the Federal |
| 52 | Government that is otherwise exempt or confidential pursuant to |
| 53 | the laws of that state or nation or pursuant to federal law. |
| 54 | Without this protection, another state or nation or the Federal |
| 55 | Government might be less likely to provide information to the |
| 56 | registry in the furtherance of its duties and responsibilities. |
| 57 | Section 3. This act shall take effect July 1, 2006, if |
| 58 | House Bill 1449 or similar legislation is adopted in the same |
| 59 | legislative session or an extension thereof and becomes law. |