| 1 | Representative Hays offered the following: | 
| 2 | 
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| 3 | Amendment (with title amendment) | 
| 4 | Remove everything after the enacting clause and insert: | 
| 5 | Section 1.  Section 765.51551, Florida Statutes, is created | 
| 6 | to read: | 
| 7 | 765.51551  Organ and tissue donor registry; public records | 
| 8 | exemption.-- | 
| 9 | (1)  Information held in the organ and tissue donor | 
| 10 | registry which identifies a donor is confidential and exempt | 
| 11 | from s. 119.07(1) and s. 24(a), Art. I of the State | 
| 12 | Constitution. | 
| 13 | (2)  Such information may be disclosed to the following: | 
| 14 | (a)  Organ, tissue, and eye procurement organizations that | 
| 15 | have been certified by the Agency for Health Care Administration | 
| 16 | for the purpose of ascertaining or effectuating the existence of | 
| 17 | a gift under s. 765.522. | 
| 18 | (b)  Persons engaged in bona fide research if the person | 
| 19 | agrees to: | 
| 20 | 1.  Submit a research plan to the agency that specifies the | 
| 21 | exact nature of the information requested and the intended use | 
| 22 | of the information; | 
| 23 | 2.  Maintain the confidentiality of the records or | 
| 24 | information if personal identifying information is made | 
| 25 | available to the researcher; | 
| 26 | 3.  Destroy any confidential records or information | 
| 27 | obtained after the research is concluded; and | 
| 28 | 4.  Not directly or indirectly contact, for any purpose, | 
| 29 | any donor or donee. | 
| 30 | (3)  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| 31 | Review Act in accordance with s. 119.15 and shall stand repealed | 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, 2013, 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 to make confidential and exempt from disclosure | 
| 36 | information held in the organ and tissue donor registry which | 
| 37 | would identify a donor. Such personal identifying information, | 
| 38 | if publicly available, could be used to invade the personal | 
| 39 | privacy of the donor identified in the registry. The decision to | 
| 40 | make or revoke an anatomical gift is a private matter of | 
| 41 | personal choice. Furthermore, the disclosure of such information | 
| 42 | could hinder the effective and efficient administration of the | 
| 43 | organ and tissue donation program. Access to such information | 
| 44 | could reduce donations and the availability of potentially life- | 
| 45 | saving organs, tissues, or other body parts. Finally, access to | 
| 46 | such information could be used to solicit, harass, stalk, or | 
| 47 | intimidate organ and tissue donors. Thus, the Legislature finds | 
| 48 | that information held in the organ and tissue donor registry | 
| 49 | which would identify a donor should be confidential and exempt | 
| 50 | from public records requirements. | 
| 51 | Section 3.  This act shall take effect on the same date | 
| 52 | that House Bill 1485, or similar legislation takes effect, if | 
| 53 | such legislation is adopted in the same legislative session or | 
| 54 | an extension thereof and becomes law. | 
| 55 | 
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| 56 | 
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| 57 | 
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| 58 | ----------------------------------------------------- | 
| 59 | T I T L E  A M E N D M E N T | 
| 60 | Remove the entire title and insert: | 
| 61 | A bill to be entitled | 
| 62 | An act relating to public records; creating s. 765.51551, | 
| 63 | F.S.; providing an exemption from public records | 
| 64 | requirements for information in the organ and tissue donor | 
| 65 | registry which would identify a donor; providing | 
| 66 | exceptions; providing for future legislative review and | 
| 67 | repeal of the exemption under the Open Government Sunset | 
| 68 | Review Act; providing a statement of public necessity; | 
| 69 | providing a contingent effective date. |