HB 1473

1	A bill to be entitled
2	An act relating to public records; amending s. 408.910,
3	F.S.; creating an exemption from public-records
4	requirements for personal, identifying information of a
5	registrant, applicant, participant, or enrollee in the
6	Florida Health Choices Program; providing exceptions;
7	authorizing an enrollee's legal guardian to obtain
8	confirmation of certain information about the enrollee's
9	health plan; providing for applicability; providing a
10	penalty for unlawful disclosure of personal, identifying
11	information; providing for future legislative review and
12	repeal of the exemption under the Open Government Sunset
13	Review Act; providing a statement of necessity; providing
14	an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (14) is added to section 408.910,
19	Florida Statutes, to read:
20	408.910  Florida Health Choices Program.-
21	(14)  EXEMPTION FROM PUBLIC-RECORDS REQUIREMENTS.-
22	(a)  Any personal, identifying information of an applicant,
23	enrollee, or participant in the Florida Health Choices Program
24	is confidential and exempt from s. 119.07(1) and s. 24(a), Art.
25	I of the State Constitution. Upon request, such information
26	shall be disclosed to:
27	1.  Another governmental entity in the performance of its
28	official duties and responsibilities.
29	2.  Any person who has the written consent of the program
30	applicant.
31	3.  The Florida Kidcare program for the purpose of
32	administering the program authorized in ss. 409.810-409.821.
33	(b)  This subsection does not prohibit an enrollee's legal
34	guardian from obtaining confirmation of coverage, dates of
35	coverage, the name of the enrollee's health plan, and the amount
36	of premium being paid.
37	(c)  This exemption applies to any information identifying
38	an applicant, enrollee, or participant in the Florida Health
39	Choices Program before, on, or after the effective date of this
40	exemption.
41	(d)  A person who knowingly and willfully violates
42	paragraph (a) commits a misdemeanor of the second degree,
43	punishable as provided in s. 775.082 or s. 775.083.
44	(e)  This subsection is subject to the Open Government
45	Sunset Review Act in accordance with s. 119.15, and shall stand
46	repealed on October 2, 2016, unless reviewed and saved from
47	repeal through reenactment by the Legislature.
48	Section 2.  The Legislature finds that it is a public
49	necessity that any information identifying an applicant,
50	enrollee, or participant in the Florida Health Choices Program
51	be held confidential and exempt from disclosure under the
52	public-records law in order to protect sensitive personal,
53	financial, and medical information. The harm caused by releasing
54	such personal and sensitive information outweighs any public
55	benefit derived from releasing such information. If such
56	information is not kept confidential, the administration of the
57	program could be significantly impaired because the applicants,
58	participants, and enrollees would be less inclined to
59	participate in the program if personal medical and financial
60	information were made available to the public. Moreover, the
61	administration of the Florida Health Choices Program would be
62	significantly impaired because applicants would be less inclined
63	to apply to the program due to the fact that such identifying
64	information would be made available to the public. Such
65	disclosure would cause an unwarranted invasion into the life and
66	privacy of program applicants thereby significantly decreasing
67	the number of program enrollees. Therefore, it is a public
68	necessity that any information identifying an applicant,
69	participant, or enrollee in the Florida Health Choices Program
70	be held confidential and exempt from public-records
71	requirements.
72	Section 3.  This act shall take effect October 1, 2011.

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