| 1 | The State Administration Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act relating to a review under the Open Government |
| 8 | Sunset Review Act regarding medical records and health |
| 9 | records; amending s. 119.0712, F.S., relating to an |
| 10 | exemption from public records requirements for personal |
| 11 | identifying information, bank account numbers, and debit, |
| 12 | charge, and credit card numbers contained in certain |
| 13 | records held by the Department of Health which relate to |
| 14 | an individual's personal health or eligibility for health |
| 15 | services; removing the exemption for bank account numbers |
| 16 | and debit, charge, and credit card numbers contained in |
| 17 | such records; removing the scheduled repeal of the |
| 18 | exemption; providing an effective date. |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (1) of section 119.0712, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 119.0712 Executive branch agency-specific exemptions from |
| 25 | inspection or copying of public records.-- |
| 26 | (1) DEPARTMENT OF HEALTH.--All personal identifying |
| 27 | information; bank account numbers; and debit, charge, and credit |
| 28 | card numbers contained in records relating to an individual's |
| 29 | personal health or eligibility for health-related services held |
| 30 | by the Department of Health are confidential and exempt from s. |
| 31 | 119.07(1) and s. 24(a), Art. I of the State Constitution, except |
| 32 | as otherwise provided in this subsection. Information made |
| 33 | confidential and exempt by this subsection shall be disclosed: |
| 34 | (a) With the express written consent of the individual or |
| 35 | the individual's legally authorized representative. |
| 36 | (b) In a medical emergency, but only to the extent |
| 37 | necessary to protect the health or life of the individual. |
| 38 | (c) By court order upon a showing of good cause. |
| 39 | (d) To a health research entity, if the entity seeks the |
| 40 | records or data pursuant to a research protocol approved by the |
| 41 | department, maintains the records or data in accordance with the |
| 42 | approved protocol, and enters into a purchase and data-use |
| 43 | agreement with the department, the fee provisions of which are |
| 44 | consistent with s. 119.07(4). The department may deny a request |
| 45 | for records or data if the protocol provides for intrusive |
| 46 | follow-back contacts, has not been approved by a human studies |
| 47 | institutional review board, does not plan for the destruction of |
| 48 | confidential records after the research is concluded, is |
| 49 | administratively burdensome, or does not have scientific merit. |
| 50 | The agreement must restrict the release of any information that |
| 51 | would permit the identification of persons, limit the use of |
| 52 | records or data to the approved research protocol, and prohibit |
| 53 | any other use of the records or data. Copies of records or data |
| 54 | issued pursuant to this paragraph remain the property of the |
| 55 | department. |
| 56 |
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| 57 | This subsection is subject to the Open Government Sunset Review |
| 58 | Act in accordance with s. 119.15 and shall stand repealed on |
| 59 | October 2, 2006, unless reviewed and saved from repeal through |
| 60 | reenactment by the Legislature. |
| 61 | Section 2. This act shall take effect October 1, 2006. |