CS/HB 155

1	A bill to be entitled
2	An act relating to the privacy of firearms owners;
3	creating s. 790.338, F.S.; prohibiting physicians or other
4	medical personnel from inquiring, either verbally or in
5	writing, about the ownership of a firearm by a patient or
6	the family of a patient or the presence of a firearm in a
7	patient's private home or other domicile; prohibiting
8	conditioning the receipt of medical treatment or care on a
9	person's willingness or refusal to disclose personal and
10	private information unrelated to medical treatment in
11	violation of an individual's privacy contrary to specified
12	provisions; prohibiting entry of certain information
13	concerning firearms into medical records or disclosure of
14	such information by specified individuals; providing
15	noncriminal penalties; providing for prosecution of
16	violations; requiring informing the Attorney General of
17	prosecution of violations; providing for collection of
18	fines by the Attorney General in certain circumstances;
19	providing exemptions; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 790.338, Florida Statutes, is created
24	to read:
25	790.338  Medical privacy concerning firearms; prohibitions;
26	penalties; exceptions.-
27	(1)(a)  A verbal or written inquiry by any public or
28	private physician, nurse, or other medical staff person
29	regarding the ownership of a firearm by a patient or the family
30	of a patient or the presence of a firearm in a patient's home or
31	other domicile violates the privacy of the patient or the
32	patient's family, respectively, and is prohibited.
33	(b)  Any public or private physician, nurse, or other
34	medical staff person may not condition receipt of medical
35	treatment or medical care on a person's willingness or refusal
36	to disclose personal and private information unrelated to
37	medical treatment in violation of an individual's privacy as
38	specified in this section.
39	(c)  Any public or private physician, nurse, or other
40	medical staff person may not intentionally, accidentally, or
41	inadvertently enter any disclosed information concerning
42	firearms into any record, whether written or electronic, or
43	disclose such information to any other source.
44	(2)(a)  A person who violates a provision of this section
45	commits a noncriminal violation as defined in s. 775.08,
46	punishable as provided in s. 775.082 or s. 775.083.
47	(b)  If the court determines that the violation was knowing
48	and willful or that the person committing the prohibited act, in
49	the exercise of ordinary care, should have known the act was a
50	violation, the court shall assess a fine of not less than
51	$10,000 for the first offense, not less than $25,000 for the
52	second offense, and not less than $100,000 for the third and
53	subsequent offenses. The person found to have committed the
54	violation shall be personally liable for the payment of all
55	fines, costs, and fees assessed by the court for the noncriminal
56	violation.
57	(3)  The state attorney in the circuit where the violation
58	is alleged to have occurred shall investigate complaints of
59	noncriminal violations of this section and, where the state
60	attorney determines probable cause that a violation exists,
61	shall prosecute violators in the circuit court where the
62	violation is alleged to have occurred. Any state attorney who
63	fails to execute his or her duties under this section may be
64	held accountable under the appropriate Florida rules of
65	professional conduct.
66	(4)  The state attorney shall notify the Attorney General
67	of any fines assessed under this section, notwithstanding s.
68	28.246(6), and if a fine for a violation of this section remains
69	unpaid after 90 days, the Attorney General shall bring a civil
70	action to enforce the fine.
71	(5)  Except as required by s. 16, Art. I of the State
72	Constitution or the Sixth Amendment to the United States
73	Constitution, public funds may not be used to defend the
74	unlawful conduct of any person charged with a knowing and
75	willful violation of this section.
76	(6)  Notwithstanding any other provision of this section,
77	it is not a violation for:
78	(a)  Any psychiatrist as defined in s. 394.455,
79	psychologist as defined in s. 490.003, school psychologist as
80	defined in s. 490.003, clinical social worker as defined in s.
81	491.003, or public or private physician, nurse, or other medical
82	personnel to make an inquiry prohibited by paragraph (1)(a) if
83	the person making the inquiry in good faith believes that the
84	possession or control of a firearm or ammunition by the patient
85	or another member of the patient's household would pose an
86	imminent danger or threat to the patient or others.
87	(b)  Any public or private physician, nurse, or other
88	medical personnel to make an inquiry prohibited by paragraph
89	(1)(a) if such inquiry is necessary to treat a patient during
90	the course and scope of a medical emergency which specifically
91	includes, but is not limited to, a mental health or psychotic
92	episode where the patient's conduct or symptoms reasonably
93	indicate that the patient has the capacity of causing harm to
94	himself, herself, or others.
95	(c)  Any public or private physician, nurse, or other
96	medical personnel to enter any of the information disclosed
97	pursuant to paragraphs (a) and (b) into any record, whether
98	written or electronic.
99
100	However, a patient's response to any inquiry permissible under
101	this subsection shall be private and may not be disclosed to any
102	third party not participating in the treatment of the patient
103	other than a law enforcement officer conducting an active
104	investigation involving the patient or the events giving rise to
105	a medical emergency. The exceptions provided by this subsection
106	do not apply to inquiries made due to a person's general belief
107	that firearms or ammunition are harmful to health or safety.
108	(7)  Medical records created on or before the effective
109	date of this act do not violate this section, nor is it a
110	violation of this section to transfer such records to another
111	health care provider.
112	Section 2.  This act shall take effect upon becoming a law.

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