Florida Senate - 2011                             CS for SB 1192
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senators Rich and Flores
       
       
       
       585-04606-11                                          20111192c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         1004.55, F.S.; providing an exemption from public
    4         records requirements for all records that relate to a
    5         client of a regional autism center who receives the
    6         services of a center or participates in center
    7         activities and the client’s family; providing for the
    8         release of specified confidential and exempt
    9         information by a center under certain circumstances;
   10         providing an exemption from public-records
   11         requirements for personal identifying information of a
   12         donor or prospective donor to a regional autism center
   13         if the donor or prospective donor wishes to remain
   14         anonymous; providing for review and repeal of the
   15         exemptions; providing a statement of public necessity;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsection (6) is added to section 1004.55,
   21  Florida Statutes, to read:
   22         1004.55 Regional autism centers; public-record exemptions.—
   23         (6)(a) Client records.
   24         1. All records that relate to a client of a regional autism
   25  center who receives the services of a center or participates in
   26  center activities, and all records that relate to the client’s
   27  family, are confidential and exempt from s. 119.07(1) and s.
   28  24(a), Art. I of the State Constitution.
   29         2. A client who receives the services of a center, if
   30  competent, or the client’s parent or legal guardian if the
   31  client is incompetent, shall be provided with a copy of the
   32  client’s individual record upon request.
   33         3. A regional autism center may release the confidential
   34  and exempt records as follows:
   35         a. To physicians, attorneys, or governmental entities
   36  having need of the confidential and exempt information to aid a
   37  client, as authorized by the client, if competent, or the
   38  client’s parent or legal guardian if the client is incompetent.
   39         b. In response to a subpoena or to persons authorized by
   40  order of court.
   41         c. To the State Board of Education or the Board of
   42  Governors of the State University System when the director of
   43  the center deems it necessary for the treatment of the client,
   44  maintenance of adequate records, compilation of treatment data,
   45  or evaluation of programs.
   46         4. If personal identifying information of a client or the
   47  client’s family has been removed, a regional autism center may
   48  release information contained in the confidential and exempt
   49  records as follows:
   50         a. To a person engaged in bona fide research if that person
   51  agrees to sign a confidentiality agreement with the regional
   52  autism center, agrees to maintain the confidentiality of the
   53  information received, and, to the extent permitted by law and
   54  after the research has concluded, destroy any confidential
   55  information obtained.
   56         b. For statistical and research purposes by the director of
   57  the center or designee, if any confidential and exempt
   58  information is removed in the reporting of such statistical or
   59  research data.
   60         (b) Financial donor information.—Personal identifying
   61  information of a donor or prospective donor to a regional autism
   62  center who desires to remain anonymous is confidential and
   63  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   64  Constitution.
   65         (c) Review and repeal.—This subsection is subject to the
   66  Open Government Sunset Review Act in accordance with s. 119.15
   67  and shall stand repealed on October 2, 2016, unless reviewed and
   68  saved from repeal through reenactment by the Legislature.
   69         Section 2. (1) The Legislature finds that it is a public
   70  necessity that all records that relate to a client of a regional
   71  autism center who receives the services of a center or
   72  participates in center activities, and all records that relate
   73  to the client’s family, be made confidential and exempt from
   74  public-records requirements. Matters of personal health are
   75  traditionally private and confidential concerns between the
   76  patient and the health care provider. The private and
   77  confidential nature of personal health matters pervades both the
   78  public and private health care sectors. For these reasons, the
   79  individual’s expectation of and right to privacy in all matters
   80  regarding his or her personal health necessitates this
   81  exemption. The Legislature further finds that it is a public
   82  necessity to protect records regarding clients of a regional
   83  autism center or the client’s family, because the release of
   84  such records could be defamatory to the client or could cause
   85  unwarranted damage to the name or reputation of that client or
   86  the client’s family. Information contained in records and
   87  communications of a regional autism center relating to the
   88  condition of autism or related disorders contain sensitive
   89  personal information that, if released, could cause harm to a
   90  client of the center or his or her family. Protecting such
   91  records ensures an environment in which the discussion of the
   92  condition of autism or related disorders can be conducted in a
   93  free and open manner, thus enabling individuals with autism and
   94  their families to receive appropriate diagnostic and treatment
   95  information and cope more effectively with the enormous
   96  challenges posed by neurodevelopmental disorders and sensory
   97  impairments.
   98         (2) The Legislature also finds that it is a public
   99  necessity that personal identifying information of a donor or
  100  prospective donor to a regional autism center be made
  101  confidential and exempt from public-records requirements if such
  102  donor or prospective donor desires to remain anonymous. If the
  103  identity of a prospective or actual donor who desires to remain
  104  anonymous is subject to disclosure, there is a chilling effect
  105  on donations because donors are concerned about disclosure of
  106  personal information leading to theft and, in particular,
  107  identity theft, including personal safety and security.
  108  Therefore, the Legislature finds that it is a public necessity
  109  to make confidential and exempt from public-records requirements
  110  information that would identify a donor or prospective donor to
  111  a regional autism center if such donor or prospective donor
  112  wishes to remain anonymous.
  113         Section 3. This act shall take effect July 1, 2011.