Bill Text: FL H0155 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Privacy of Firearm Owners

Spectrum: Moderate Partisan Bill (Republican 13-2)

Status: (Engrossed - Dead) 2011-04-29 - Ordered enrolled -HJ 961 [H0155 Detail]

Download: Florida-2011-H0155-Introduced.html

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HB 155

1	A bill to be entitled
2	An act relating to the privacy of firearms owners;
3	creating s. 790.338, F.S.; providing that inquiries by
4	physicians or other medical personnel concerning the
5	ownership of a firearm by a patient or the family of a
6	patient or the presence of a firearm in a private home or
7	other domicile of a patient or the family of a patient
8	violates the privacy of the patient or the patient's
9	family members, respectively; prohibits conditioning the
10	receipt of medical treatment or care on a person's
11	willingness or refusal to disclose personal and private
12	information unrelated to medical treatment in violation of
13	an individual's privacy contrary to specified provisions;
14	prohibiting entry of certain information concerning
15	firearms into medical records or disclosure of such
16	information by specified individuals; providing criminal
17	penalties; providing increased maximum fines for certain
18	violations; requiring informing the Attorney General of
19	prosecution of violations; providing for collection of
20	fines by the Attorney General in certain circumstances;
21	providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Section 790.338, Florida Statutes, is created
26	to read:
27	790.338  Medical privacy concerning firearms.-
28	(1)(a)  A verbal or written inquiry by a public or private
29	physician, nurse, or other medical staff person regarding the
30	ownership of a firearm by a patient or the family of a patient
31	or the presence of a firearm in a private home or other domicile
32	of a patient or the family of a patient violates the privacy of
33	the patient or the patient's family members, respectively.
34	(b)  A public or private physician, nurse, or other medical
35	staff person may not condition receipt of medical treatment or
36	medical care on a person's willingness or refusal to disclose
37	personal and private information unrelated to medical treatment
38	in violation of an individual's privacy as specified in this
39	section.
40	(c)  A public or private physician, nurse, or other medical
41	staff person may not enter any intentionally, accidentally, or
42	inadvertently disclosed information concerning firearms into any
43	record, whether written or electronic, or disclose such
44	information to any other source.
45	(2)(a)  A person who violates this section commits a felony
46	of the third degree, punishable, except as provided in paragraph
47	(b), as provided in s. 775.082, s. 775.083, or s. 775.084.
48	(b)  A person who violates this section may be assessed a
49	fine of not more than $5 million if the court determines that
50	the person knew or reasonably should have known that the conduct
51	was unlawful.
52	(c)  The state attorney with jurisdiction shall investigate
53	complaints of criminal violations of this section and, if there
54	is probable cause to indicate that a person may have committed a
55	violation, shall prosecute the violator and notify the Attorney
56	General.
57	(d)  Notwithstanding s. 28.246(6), if a fine for a
58	violation of this section remains unpaid after 90 days, the
59	Attorney General shall bring a civil action to enforce the fine.
60	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.