Bill Text: FL S0972 | 2010 | Regular Session | Comm Sub
Bill Title: Pub. Rec./Dental Workforce Surveys [SPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Messages [S0972 Detail]
Download: Florida-2010-S0972-Comm_Sub.html
Florida Senate - 2010 CS for SB 972 By the Committee on Governmental Oversight and Accountability; and Senator Richter 585-04250-10 2010972c1 1 A bill to be entitled 2 An act relating to public records; providing an 3 exemption from public-records requirements for 4 information contained in dental workforce surveys 5 submitted by dentists or dental hygienists to the 6 Department of Health as a condition for license 7 renewal; providing exceptions to the exemption; 8 providing for future legislative review and repeal of 9 the exemption under the Open Government Sunset Review 10 Act; providing a statement of public necessity; 11 providing a contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Confidentiality of certain information contained 16 in dental workforce surveys.— 17 (1) All personal identifying information contained in 18 records provided by dentists or dental hygienists licensed under 19 chapter 466, Florida Statutes, in response to dental workforce 20 surveys required as a condition of license renewal and held by 21 the Department of Health is confidential and exempt from s. 22 119.07(1), Florida Statutes, and s. 24(a), Article I of the 23 State Constitution, except such information shall be disclosed: 24 (a) With the express written consent of the individual to 25 whom the information pertains or the individual’s legally 26 authorized representative. 27 (b) By court order upon a showing of good cause. 28 (c) To a research entity, if the entity seeks the records 29 or data pursuant to a research protocol approved by the 30 Department of Health, maintains the records or data in 31 accordance with the approved protocol, and enters into a 32 purchase and data-use agreement with the department, the fee 33 provisions of which are consistent with s. 119.07(4), Florida 34 Statutes. The department may deny a request for records or data 35 if the protocol provides for intrusive follow-back contacts, 36 does not plan for the destruction of confidential records after 37 the research is concluded, is administratively burdensome, or 38 does not have scientific merit. The agreement must restrict the 39 release of information that would identify individuals, limit 40 the use of records or data to the approved research protocol, 41 and prohibit any other use of the records or data. Copies of 42 records or data issued pursuant to this paragraph remain the 43 property of the department. 44 (2) This section is subject to the Open Government Sunset 45 Review Act in accordance with s. 119.15, Florida Statutes, and 46 shall stand repealed on October 2, 2015, unless reviewed and 47 saved from repeal through reenactment by the Legislature. 48 Section 2. The Legislature finds that it is a public 49 necessity that personal identifying information concerning a 50 dentist or dental hygienist licensed under chapter 466, Florida 51 Statutes, who responds to a dental workforce survey as a 52 condition of licensure renewal be made confidential and exempt 53 from disclosure. Candid and honest responses by licensed 54 dentists or dental hygienist to the workforce survey will ensure 55 that timely and accurate information is available to the 56 Department of Health. The Legislature finds that the failure to 57 maintain the confidentiality of such personal identifying 58 information would prevent the resolution of important state 59 interests to ensure the availability of dentists or dental 60 hygienists in this state. 61 Section 3. This act shall take effect on the same date that 62 Senate Bill 970 or similar legislation takes effect, if such 63 legislation is adopted in the same legislative session, or an 64 extension thereof, and becomes law.
