Florida Senate - 2014                              CS for SB 350
       
       
        
       By the Committee on Health Policy; and Senator Abruzzo
       
       
       
       
       
       588-01760-14                                           2014350c1
    1                        A bill to be entitled                      
    2         An act relating to public records; providing an
    3         exemption from public records requirements for
    4         personal identifying information of participants in a
    5         yellow dot critical motorist medical information
    6         program; providing for future legislative review and
    7         repeal of the exemption; providing a statement of
    8         public necessity; providing a contingent effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Public records exemption; participants in a
   14  yellow dot critical motorist medical information program.—
   15         (1) Personal identifying information of a participant in a
   16  yellow dot critical motorist medical information program which
   17  is held by a county participating in such program is exempt from
   18  s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
   19  State Constitution.
   20         (2) Subsection (1) is subject to the Open Government Sunset
   21  Review Act in accordance with s. 119.15, Florida Statutes, and
   22  is repealed on October 2, 2019, unless reviewed and saved from
   23  repeal through reenactment by the Legislature.
   24         Section 2. The Legislature finds that it is a public
   25  necessity that the personal identifying information of a
   26  participant in a yellow dot critical motorist medical
   27  information program held by the governing body of a county
   28  participating in such program be made exempt from s. 119.07(1),
   29  Florida Statutes, and s. 24(a), Article I of the State
   30  Constitution. Nevertheless, allowing the governing bodies of
   31  participating counties to distribute yellow dot folders, as well
   32  as allowing emergency medical responders and law enforcement
   33  agents to access the information provided in yellow dot folders,
   34  will ensure the most rapid and effective treatment for victims
   35  of serious traffic accidents. If the personal identifying
   36  information of a participant in such program were not exempt
   37  from disclosure, any person could inspect and copy documentation
   38  that identifies the program participant. Consequently, the
   39  availability of such information to the public would result in
   40  the invasion of the program participant’s privacy. If
   41  information regarding the program participant could be
   42  correlated with his or her medical records, it would be possible
   43  for the public to become aware of any diseases or other medical
   44  concerns for which the qualifying patient is being treated by
   45  his or her physician. This knowledge could be used to embarrass
   46  or humiliate a qualifying patient or to discriminate against him
   47  or her. Finally, protecting the personal identifying information
   48  of a participant in such program prevents the identification of
   49  program participants who could be victimized by robbery,
   50  burglary, or illicit drug activities. Accordingly, the
   51  Legislature finds that the harm to a program participant which
   52  could result from the release of personal identifying
   53  information of the participant outweighs any minimal public
   54  benefit that would be derived from disclosure of that
   55  information to the public. Therefore, it is the finding of the
   56  Legislature that such identifying information must be made
   57  confidential and exempt from public disclosure.
   58         Section 3. This act shall take effect on the same date that
   59  SB 262 or similar legislation authorizing the governing body of
   60  a county to create a yellow dot critical motorist medical
   61  information program takes effect, if such legislation is adopted
   62  in the same legislative session or an extension thereof and
   63  becomes a law.