| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 765.5155, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for information in the organ and tissue donor |
| 5 | registry which would identify a donor; providing an |
| 6 | exception; providing for future legislative review and |
| 7 | repeal of the exemption under the Open Government Sunset |
| 8 | Review Act; providing a statement of public necessity; |
| 9 | providing a contingent effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Section 765.5155, Florida Statutes, is created |
| 14 | to read: |
| 15 | 765.5155 Organ and tissue donor registry; public records |
| 16 | exemption.-- |
| 17 | (1) Information held in the organ and tissue donor |
| 18 | registry which identifies a donor is confidential and exempt |
| 19 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 20 | Constitution. |
| 21 | (2) Such information may be disclosed to organ, tissue, |
| 22 | and eye procurement organizations that have been certified by |
| 23 | the Agency for Health Care Administration for the purpose of |
| 24 | ascertaining or effectuating the existence of a gift under s. |
| 25 | 765.522. |
| 26 | (3) This section is subject to the Open Government Sunset |
| 27 | Review Act in accordance with s. 119.15 and shall stand repealed |
| 28 | on October 1, 2013, unless reviewed and saved from repeal |
| 29 | through reenactment by the Legislature. |
| 30 | Section 2. The Legislature finds that it is a public |
| 31 | necessity to make confidential and exempt from disclosure |
| 32 | information held in the organ and tissue donor registry which |
| 33 | would identify a donor. Such personal identifying information, |
| 34 | if publicly available, could be used to invade the personal |
| 35 | privacy of the donor identified in the registry. The decision to |
| 36 | make or revoke an anatomical gift is a private matter of |
| 37 | personal choice. Furthermore, the disclosure of such information |
| 38 | could hinder the effective and efficient administration of the |
| 39 | organ and tissue donation program. Access to such information |
| 40 | could reduce donations and the availability of potentially life- |
| 41 | saving organs, tissues, or other body parts. Finally, access to |
| 42 | such information could be used to solicit, harass, stalk, or |
| 43 | intimidate organ and tissue donors. Thus, the Legislature finds |
| 44 | that information held in the organ and tissue donor registry |
| 45 | which would identify a donor should be confidential and exempt |
| 46 | from public records requirements. |
| 47 | Section 3. This act shall take effect on the same date |
| 48 | that House Bill 1485, or similar legislation takes effect, if |
| 49 | such legislation is adopted in the same legislative session or |
| 50 | an extension thereof and becomes law. |