Florida Senate - 2022 SB 7030
By the Committee on Criminal Justice
591-02075-22 20227030__
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 945.10, F.S., which
4 provides exemptions from public records requirements
5 for protected health information of an inmate or an
6 offender, and for the identity of any inmate or
7 offender upon whom an HIV test has been performed and
8 the inmate’s or offender’s test results; removing the
9 scheduled repeal of the exemptions; providing an
10 effective date.
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. Paragraphs (a) and (h) of subsection (1) of
15 section 945.10, Florida Statutes, are amended to read:
16 945.10 Confidential information.—
17 (1) Except as otherwise provided by law or in this section,
18 the following records and information held by the Department of
19 Corrections are confidential and exempt from the provisions of
20 s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
21 (a)1. Mental health, medical, or substance abuse records of
22 an inmate or an offender; and
23 2. Protected health information of an inmate or an
24 offender. Protected health information, as used in this section,
25 has the same meaning as provided in 45 C.F.R. s. 160.103. This
26 subparagraph is subject to the Open Government Sunset Review Act
27 of 1995 in accordance with s. 119.15 and shall stand repealed on
28 October 2, 2022, unless reviewed and saved from repeal through
29 reenactment by the Legislature.
30 (h) The identity of any inmate or offender upon whom an HIV
31 test has been performed and the inmate’s or offender’s test
32 results, in accordance with s. 381.004. The term “HIV test” has
33 the same meaning as provided in s. 381.004. This paragraph is
34 subject to the Open Government Sunset Review Act of 1995 in
35 accordance with s. 119.15 and shall stand repealed on October 2,
36 2022, unless reviewed and saved from repeal through reenactment
37 by the Legislature.
38 Section 2. This act shall take effect October 1, 2022.