| 1 | A bill to be entitled |
| 2 | An act relating to public records; amending s. 1004.55, |
| 3 | F.S.; providing an exemption from public records |
| 4 | requirements for all records that relate to a client of a |
| 5 | regional autism center who receives the services of a |
| 6 | center or participates in center activities and the |
| 7 | client's family; providing for release of specified |
| 8 | confidential and exempt information by a center under |
| 9 | certain circumstances; providing an exemption from public |
| 10 | records requirements for personal identifying information |
| 11 | of a donor or prospective donor to a regional autism |
| 12 | center if such donor or prospective donor wishes to remain |
| 13 | anonymous; providing for review and repeal of the |
| 14 | exemptions; providing a statement of public necessity; |
| 15 | providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Subsection (6) is added to section 1004.55, |
| 20 | Florida Statutes, to read: |
| 21 | 1004.55 Regional autism centers; public record |
| 22 | exemptions.- |
| 23 | (6)(a) CLIENT RECORDS.- |
| 24 | 1. All records that relate to a client of a regional |
| 25 | autism center who receives the services of a center or |
| 26 | participates in center activities, and all records that relate |
| 27 | to the client's family, are confidential and exempt from s. |
| 28 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 29 | 2. A client who receives the services of a center, if |
| 30 | competent, or the client's parent or legal guardian if the |
| 31 | client is incompetent, shall be provided with a copy of the |
| 32 | client's individual record upon request. |
| 33 | 3. A regional autism center may release the confidential |
| 34 | and exempt records as follows: |
| 35 | a. To physicians, attorneys, or governmental entities |
| 36 | having need of the confidential and exempt information to aid a |
| 37 | client, as authorized by the client, if competent, or the |
| 38 | client's parent or legal guardian if the client is incompetent. |
| 39 | b. In response to a subpoena or to persons authorized by |
| 40 | order of court. |
| 41 | c. To the State Board of Education or the Board of |
| 42 | Governors of the State University System when the director of |
| 43 | the center deems it necessary for the treatment of the client, |
| 44 | maintenance of adequate records, compilation of treatment data, |
| 45 | or evaluation of programs. |
| 46 | 4. Provided that personal identifying information of a |
| 47 | client or the client's family has been removed, a regional |
| 48 | autism center may release information contained in the |
| 49 | confidential and exempt records as follows: |
| 50 | a. To a person engaged in bona fide research if that |
| 51 | person agrees to sign a confidentiality agreement with the |
| 52 | regional autism center, agrees to maintain the confidentiality |
| 53 | of the information received, and, to the extent permitted by law |
| 54 | and after the research has concluded, destroy any confidential |
| 55 | information obtained. |
| 56 | b. For statistical and research purposes by the director |
| 57 | of the center or designee, provided that any confidential and |
| 58 | exempt information is removed in the reporting of such |
| 59 | statistical or research data. |
| 60 | (b) DONOR INFORMATION.-Personal identifying information of |
| 61 | a donor or prospective donor to a regional autism center who |
| 62 | desires to remain anonymous is confidential and exempt from s. |
| 63 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 64 | (c) REVIEW AND REPEAL.-This subsection is subject to the |
| 65 | Open Government Sunset Review Act in accordance with s. 119.15 |
| 66 | and shall stand repealed on October 2, 2016, unless reviewed and |
| 67 | saved from repeal through reenactment by the Legislature. |
| 68 | Section 2. (1) The Legislature finds that it is a public |
| 69 | necessity that all records that relate to a client of a regional |
| 70 | autism center who receives the services of a center or |
| 71 | participates in center activities, and all records that relate |
| 72 | to the client's family, be made confidential and exempt from |
| 73 | public records requirements. Matters of personal health are |
| 74 | traditionally private and confidential concerns between the |
| 75 | patient and the health care provider. The private and |
| 76 | confidential nature of personal health matters pervades both the |
| 77 | public and private health care sectors. For these reasons, the |
| 78 | individual's expectation of and right to privacy in all matters |
| 79 | regarding his or her personal health necessitates this |
| 80 | exemption. The Legislature further finds that it is a public |
| 81 | necessity to protect records regarding clients of a regional |
| 82 | autism center or the client's family, because the release of |
| 83 | such records could be defamatory to the client or could cause |
| 84 | unwarranted damage to the name or reputation of that client or |
| 85 | the client's family. Information contained in records and |
| 86 | communications of a regional autism center relating to the |
| 87 | condition of autism or related disorders contain sensitive |
| 88 | personal information that, if released, could cause harm to a |
| 89 | client of the center or his or her family. Protecting such |
| 90 | records ensures an environment in which the discussion of the |
| 91 | condition of autism or related disorders can be conducted in a |
| 92 | free and open manner, thus enabling individuals with autism and |
| 93 | their families to receive appropriate diagnostic and treatment |
| 94 | information and cope more effectively with the enormous |
| 95 | challenges posed by neurodevelopmental disorders and sensory |
| 96 | impairments. |
| 97 | (2) The Legislature also finds that it is a public |
| 98 | necessity that personal identifying information of a donor or |
| 99 | prospective donor to a regional autism center be made |
| 100 | confidential and exempt from public records requirements if such |
| 101 | donor or prospective donor desires to remain anonymous. If the |
| 102 | identity of a prospective or actual donor who desires to remain |
| 103 | anonymous is subject to disclosure, there is a chilling effect |
| 104 | on donations because donors are concerned about disclosure of |
| 105 | personal information leading to theft and, in particular, |
| 106 | identity theft, including personal safety and security. |
| 107 | Therefore, the Legislature finds that it is a public necessity |
| 108 | to make confidential and exempt from public records requirements |
| 109 | information that would identify a donor or prospective donor to |
| 110 | a regional autism center if such donor or prospective donor |
| 111 | wishes to remain anonymous. |
| 112 | Section 3. This act shall take effect July 1, 2011. |