Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 432
                                Barcode 969274                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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