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   29  shall stand repealed on October 2, 2020, unless reviewed and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.