Florida Senate - 2009 SB 176
By Senator Wilson
33-00046-09 2009176__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 985.1351, F.S.; providing an exemption from public
4 records requirements for serologic blood test results
5 from juveniles referred to or under the supervision of
6 the Department of Juvenile Justice; providing for
7 future legislative review and repeal of the exemption;
8 providing a statement of necessity; providing a
9 contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (6) is added to section 985.1351,
14 Florida Statutes, as created by SB ___, to read:
15 985.1351 Blood test of a child referred to or under the
16 supervision of the department.—
17 (6)(a) Except as otherwise provided in this section,
18 serologic blood test results obtained pursuant to subsection (1)
19 or subsection (2) are confidential and exempt from s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution. However, such
21 results may be provided to employees or officers of the juvenile
22 assessment center, juvenile detention facility, or the child's
23 juvenile probation officer who is responsible for the custody
24 and care of the affected child and have a need to know such
25 information, and as provided in ss. 381.004, 775.0877, and
26 960.003.
27 (b) This subsection is subject to the Open Government
28 Sunset Review Act in accordance with s. 119.15, and shall stand
29 repealed on October 2, 2014, unless reviewed and saved from
30 repeal through reenactment by the Legislature.
31 Section 2. The Legislature finds that exempting results
32 from serologic blood tests of children referred to or under the
33 supervision of the Department of Juvenile Justice is a public
34 necessity in that harm caused by releasing personal and
35 sensitive medical information outweighs any public benefit
36 derived from releasing such information. Such information could
37 be embarrassing to the child and his or her family and, if
38 released, could harm the personal and future professional
39 reputation of, and be used to discriminate against, the child to
40 whom the information pertains.
41 Section 3. This act shall take effect on the same date that
42 Senate Bill ___ or similar legislation takes effect, if such
43 legislation is adopted in the same legislative session, or an
44 extension thereof, and becomes law.