Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1192
       
       
       
       
       
       
                                Barcode 112706                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/12/2011           .                                
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       The Committee on Health Regulation (Sobel) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5  
    6         Section 1. Subsection (6) is added to section 1004.55,
    7  Florida Statutes, to read:
    8         1004.55 Regional autism centers; public-record exemptions.—
    9         (6)(a) Client records.
   10         1. All records that relate to a client of a regional autism
   11  center who receives the services of a center or participates in
   12  center activities, and all records that relate to the client’s
   13  family, are confidential and exempt from s. 119.07(1) and s.
   14  24(a), Art. I of the State Constitution.
   15         2. A client who receives the services of a center, if
   16  competent, or the client’s parent or legal guardian if the
   17  client is incompetent, shall be provided with a copy of the
   18  client’s individual record upon request.
   19         3. A regional autism center may release the confidential
   20  and exempt records as follows:
   21         a. To physicians, attorneys, or governmental entities
   22  having need of the confidential and exempt information to aid a
   23  client, as authorized by the client, if competent, or the
   24  client’s parent or legal guardian if the client is incompetent.
   25         b. In response to a subpoena or to persons authorized by
   26  order of court.
   27         c. To the State Board of Education or the Board of
   28  Governors of the State University System when the director of
   29  the center deems it necessary for the treatment of the client,
   30  maintenance of adequate records, compilation of treatment data,
   31  or evaluation of programs.
   32         4. If personal identifying information of a client or the
   33  client’s family has been removed, a regional autism center may
   34  release information contained in the confidential and exempt
   35  records as follows:
   36         a. To a person engaged in bona fide research if that person
   37  agrees to sign a confidentiality agreement with the regional
   38  autism center, agrees to maintain the confidentiality of the
   39  information received, and, to the extent permitted by law and
   40  after the research has concluded, destroy any confidential
   41  information obtained.
   42         b. For statistical and research purposes by the director of
   43  the center or designee, if any confidential and exempt
   44  information is removed in the reporting of such statistical or
   45  research data.
   46         (b) Financial donor information.—Personal identifying
   47  information of a donor or prospective donor to a regional autism
   48  center who desires to remain anonymous is confidential and
   49  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   50  Constitution.
   51         (c) Review and repeal.—This subsection is subject to the
   52  Open Government Sunset Review Act in accordance with s. 119.15
   53  and shall stand repealed on October 2, 2016, unless reviewed and
   54  saved from repeal through reenactment by the Legislature.
   55         Section 2. (1) The Legislature finds that it is a public
   56  necessity that all records that relate to a client of a regional
   57  autism center who receives the services of a center or
   58  participates in center activities, and all records that relate
   59  to the client’s family, be made confidential and exempt from
   60  public-records requirements. Matters of personal health are
   61  traditionally private and confidential concerns between the
   62  patient and the health care provider. The private and
   63  confidential nature of personal health matters pervades both the
   64  public and private health care sectors. For these reasons, the
   65  individual’s expectation of and right to privacy in all matters
   66  regarding his or her personal health necessitates this
   67  exemption. The Legislature further finds that it is a public
   68  necessity to protect records regarding clients of a regional
   69  autism center or the client’s family, because the release of
   70  such records could be defamatory to the client or could cause
   71  unwarranted damage to the name or reputation of that client or
   72  the client’s family. Information contained in records and
   73  communications of a regional autism center relating to the
   74  condition of autism or related disorders contain sensitive
   75  personal information that, if released, could cause harm to a
   76  client of the center or his or her family. Protecting such
   77  records ensures an environment in which the discussion of the
   78  condition of autism or related disorders can be conducted in a
   79  free and open manner, thus enabling individuals with autism and
   80  their families to receive appropriate diagnostic and treatment
   81  information and cope more effectively with the enormous
   82  challenges posed by neurodevelopmental disorders and sensory
   83  impairments.
   84         (2) The Legislature also finds that it is a public
   85  necessity that personal identifying information of a donor or
   86  prospective donor to a regional autism center be made
   87  confidential and exempt from public-records requirements if such
   88  donor or prospective donor desires to remain anonymous. If the
   89  identity of a prospective or actual donor who desires to remain
   90  anonymous is subject to disclosure, there is a chilling effect
   91  on donations because donors are concerned about disclosure of
   92  personal information leading to theft and, in particular,
   93  identity theft, including personal safety and security.
   94  Therefore, the Legislature finds that it is a public necessity
   95  to make confidential and exempt from public-records requirements
   96  information that would identify a donor or prospective donor to
   97  a regional autism center if such donor or prospective donor
   98  wishes to remain anonymous.
   99         Section 3. This act shall take effect July 1, 2011.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103  
  104         Delete everything before the enacting clause
  105  and insert:
  106                        A bill to be entitled                      
  107         An act relating to public records; amending s.
  108         1004.55, F.S.; providing an exemption from public
  109         records requirements for all records that relate to a
  110         client of a regional autism center who receives the
  111         services of a center or participates in center
  112         activities and the client’s family; providing for the
  113         release of specified confidential and exempt
  114         information by a center under certain circumstances;
  115         providing an exemption from public-records
  116         requirements for personal identifying information of a
  117         donor or prospective donor to a regional autism center
  118         if the donor or prospective donor wishes to remain
  119         anonymous; providing for review and repeal of the
  120         exemptions; providing a statement of public necessity;
  121         providing an effective date.