| 1 | A bill to be entitled |
| 2 | An act relating to the privacy of firearms owners; |
| 3 | creating s. 790.338, F.S.; providing that inquiries by |
| 4 | physicians or other medical personnel concerning the |
| 5 | ownership of a firearm by a patient or the family of a |
| 6 | patient or the presence of a firearm in a private home or |
| 7 | other domicile of a patient or the family of a patient |
| 8 | violates the privacy of the patient or the patient's |
| 9 | family members, respectively; prohibits conditioning the |
| 10 | receipt of medical treatment or care on a person's |
| 11 | willingness or refusal to disclose personal and private |
| 12 | information unrelated to medical treatment in violation of |
| 13 | an individual's privacy contrary to specified provisions; |
| 14 | prohibiting entry of certain information concerning |
| 15 | firearms into medical records or disclosure of such |
| 16 | information by specified individuals; providing criminal |
| 17 | penalties; providing increased maximum fines for certain |
| 18 | violations; requiring informing the Attorney General of |
| 19 | prosecution of violations; providing for collection of |
| 20 | fines by the Attorney General in certain circumstances; |
| 21 | providing an effective date. |
| 22 |
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| 23 | Be It Enacted by the Legislature of the State of Florida: |
| 24 |
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| 25 | Section 1. Section 790.338, Florida Statutes, is created |
| 26 | to read: |
| 27 | 790.338 Medical privacy concerning firearms.- |
| 28 | (1)(a) A verbal or written inquiry by a public or private |
| 29 | physician, nurse, or other medical staff person regarding the |
| 30 | ownership of a firearm by a patient or the family of a patient |
| 31 | or the presence of a firearm in a private home or other domicile |
| 32 | of a patient or the family of a patient violates the privacy of |
| 33 | the patient or the patient's family members, respectively. |
| 34 | (b) A public or private physician, nurse, or other medical |
| 35 | staff person may not condition receipt of medical treatment or |
| 36 | medical care on a person's willingness or refusal to disclose |
| 37 | personal and private information unrelated to medical treatment |
| 38 | in violation of an individual's privacy as specified in this |
| 39 | section. |
| 40 | (c) A public or private physician, nurse, or other medical |
| 41 | staff person may not enter any intentionally, accidentally, or |
| 42 | inadvertently disclosed information concerning firearms into any |
| 43 | record, whether written or electronic, or disclose such |
| 44 | information to any other source. |
| 45 | (2)(a) A person who violates this section commits a felony |
| 46 | of the third degree, punishable, except as provided in paragraph |
| 47 | (b), as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 48 | (b) A person who violates this section may be assessed a |
| 49 | fine of not more than $5 million if the court determines that |
| 50 | the person knew or reasonably should have known that the conduct |
| 51 | was unlawful. |
| 52 | (c) The state attorney with jurisdiction shall investigate |
| 53 | complaints of criminal violations of this section and, if there |
| 54 | is probable cause to indicate that a person may have committed a |
| 55 | violation, shall prosecute the violator and notify the Attorney |
| 56 | General. |
| 57 | (d) Notwithstanding s. 28.246(6), if a fine for a |
| 58 | violation of this section remains unpaid after 90 days, the |
| 59 | Attorney General shall bring a civil action to enforce the fine. |
| 60 | Section 2. This act shall take effect upon becoming a law. |