HB 1487

1
A bill to be entitled
2An act relating to public records; creating s. 765.5155,
3F.S.; providing an exemption from public records
4requirements for information in the organ and tissue donor
5registry which would identify a donor; providing an
6exception; providing for future legislative review and
7repeal of the exemption under the Open Government Sunset
8Review Act; providing a statement of public necessity;
9providing a contingent effective date.
10
11Be It Enacted by the Legislature of the State of Florida:
12
13     Section 1.  Section 765.5155, Florida Statutes, is created
14to read:
15     765.5155  Organ and tissue donor registry; public records
16exemption.--
17     (1)  Information held in the organ and tissue donor
18registry which identifies a donor is confidential and exempt
19from s. 119.07(1) and s. 24(a), Art. I of the State
20Constitution.
21     (2)  Such information may be disclosed to organ, tissue,
22and eye procurement organizations that have been certified by
23the Agency for Health Care Administration for the purpose of
24ascertaining or effectuating the existence of a gift under s.
25765.522.
26     (3)  This section is subject to the Open Government Sunset
27Review Act in accordance with s. 119.15 and shall stand repealed
28on October 1, 2013, unless reviewed and saved from repeal
29through reenactment by the Legislature.
30     Section 2.  The Legislature finds that it is a public
31necessity to make confidential and exempt from disclosure
32information held in the organ and tissue donor registry which
33would identify a donor. Such personal identifying information,
34if publicly available, could be used to invade the personal
35privacy of the donor identified in the registry. The decision to
36make or revoke an anatomical gift is a private matter of
37personal choice. Furthermore, the disclosure of such information
38could hinder the effective and efficient administration of the
39organ and tissue donation program. Access to such information
40could reduce donations and the availability of potentially life-
41saving organs, tissues, or other body parts. Finally, access to
42such information could be used to solicit, harass, stalk, or
43intimidate organ and tissue donors. Thus, the Legislature finds
44that information held in the organ and tissue donor registry
45which would identify a donor should be confidential and exempt
46from public records requirements.
47     Section 3.  This act shall take effect on the same date
48that House Bill 1485, or similar legislation takes effect, if
49such legislation is adopted in the same legislative session or
50an extension thereof and becomes law.


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