Florida Senate - 2015 SB 1504 By Senator Soto 14-01742-15 20151504__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 641.815, F.S.; providing an exemption from public 4 records requirements for certain personally 5 identifiable financial and personally identifiable 6 health information; providing for future legislative 7 review and repeal of the exemption; providing a 8 statement of public necessity; providing a contingent 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 641.815, Florida Statutes, is created to 14 read: 15 641.815 Florida Health Access Marketplace; public records 16 exemption.— 17 (1) Personally identifiable financial information, tax 18 returns, or supporting financial data obtained pursuant to s. 19 641.81, is confidential and exempt from s. 119.07(1) and s. 20 24(a), Art. I of the State Constitution. 21 (2) Personally identifiable health information obtained 22 pursuant to s. 641.81, including information covered by the 23 federal Health Insurance Portability and Accountability Act of 24 1996, Pub. L. No. 104-191 (HIPAA of 1996), is confidential and 25 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 26 Constitution. 27 (3) This section is subject to the Open Government Sunset 28 Review Act in accordance with s. 119.15, Florida Statutes, and 29 shall stand repealed on October 2, 2020, unless reviewed and 30 saved from repeal through reenactment by the Legislature. 31 Section 2. The Legislature finds that it is a public 32 necessity to protect an individual’s personally identifiable 33 financial information, tax returns or supporting financial data, 34 and personally identifiable health information, including 35 information covered by the federal HIPAA of 1996, that is 36 obtained by the Florida Health Access Marketplace. The 37 Legislature finds that disclosure of such financial information 38 would create the opportunity for theft, identity theft, fraud, 39 and other illegal activity, jeopardizing the individual and 40 placing him or her at risk for substantial financial harm. The 41 Legislature further finds that an individual’s personal health 42 information is traditionally a private and confidential matter, 43 and public disclosure of such health information could 44 negatively affect a person’s business or personal relationships. 45 Therefore, it is the finding of the Legislature that such 46 information must be made confidential and exempt from s. 47 119.07(1), Florida Statutes, and s. 24(a), Article I of the 48 State Constitution. 49 Section 3. This act shall take effect on the same date that 50 SB ____ or similar legislation establishing the Florida Health 51 Access Marketplace takes effect, if such legislation is adopted 52 in the same legislative session or an extension thereof and 53 becomes a law.