Florida Senate - 2026                                     SB 864
       
       
        
       By Senator Sharief
       
       
       
       
       
       35-01127-26                                            2026864__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         381.9312, F.S.; providing an exemption from public
    4         records requirements for certain records and personal
    5         identifying information submitted to the Department of
    6         Health for inclusion in the uterine fibroid research
    7         database; providing for future legislative review and
    8         repeal; providing a statement of public necessity;
    9         providing a contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (4) is added to section 381.9312,
   14  Florida Statutes, to read:
   15         381.9312 Uterine fibroid research database; education and
   16  public awareness.—
   17         (4) PUBLIC RECORDS EXEMPTION.—All records and personal
   18  identifying information relating to women diagnosed with or
   19  treated for uterine fibroids which is submitted to the
   20  department under this section are confidential and exempt from
   21  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
   22  This subsection is subject to the Open Government Sunset Review
   23  Act in accordance with s. 119.15 and shall stand repealed on
   24  October 2, 2031, unless reviewed and saved from repeal through
   25  reenactment by the Legislature.
   26         Section 2. The Legislature finds that it is a public
   27  necessity to make all records and personal identifying
   28  information relating to women diagnosed with or treated for
   29  uterine fibroids which is submitted to the Department of Health
   30  under s. 381.9312, Florida Statutes, confidential and exempt
   31  from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
   32  the State Constitution. The Department of Health is unable to
   33  effectively implement the legislative purpose of the uterine
   34  fibroid research database, created under s. 381.9312, Florida
   35  Statutes, without access to these records and information, which
   36  include personal medical information, the disclosure of which
   37  would violate federal patient privacy laws, including the Health
   38  Insurance Portability and Accountability Act of 1996. Therefore,
   39  the Legislature finds that it is a public necessity to make such
   40  records and information held by the department confidential and
   41  exempt to protect the privacy rights of women diagnosed with and
   42  treated for uterine fibroids in this state and promote the
   43  effective administration of the department’s epidemiological
   44  research and tracking activities.
   45         Section 3. This act shall take effect on the same date that
   46  SB 196 or similar legislation takes effect, if such legislation
   47  is adopted in the same legislative session or an extension
   48  thereof and becomes a law.