Bill Text: FL S0432 | 2011 | Regular Session | Introduced

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

---

Bill Title: Privacy of Firearm Owners

Spectrum: Slight Partisan Bill (? 3-1)

Status: (Introduced - Dead) 2011-04-27 - Read 2nd time -SJ 540 [S0432 Detail]

Download: Florida-2011-S0432-Introduced.html

---

       Florida Senate - 2011                                     SB 432
       
       
       
       By Senator Evers
       
       
       
       
       2-00663-11                                             2011432__
    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
    7         or other domicile of a patient or the family of a
    8         patient violates the privacy of the patient or the
    9         patient’s family members, respectively; prohibits
   10         conditioning the receipt of medical treatment or care
   11         on a person’s willingness or refusal to disclose
   12         personal and private information unrelated to medical
   13         treatment in violation of an individual’s privacy
   14         contrary to specified provisions; prohibiting entry of
   15         certain information concerning firearms into medical
   16         records or disclosure of such information by specified
   17         individuals; providing criminal penalties; providing
   18         increased maximum fines for certain violations;
   19         requiring informing the Attorney General of
   20         prosecution of violations; providing for collection of
   21         fines by the Attorney General in certain
   22         circumstances; providing an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 790.338, Florida Statutes, is created to
   27  read:
   28         790.338 Medical privacy concerning firearms.—
   29         (1)(a) A verbal or written inquiry by a public or private
   30  physician, nurse, or other medical staff person regarding the
   31  ownership of a firearm by a patient or the family of a patient
   32  or the presence of a firearm in a private home or other domicile
   33  of a patient or the family of a patient violates the privacy of
   34  the patient or the patient’s family members, respectively.
   35         (b) A public or private physician, nurse, or other medical
   36  staff person may not condition receipt of medical treatment or
   37  medical care on a person’s willingness or refusal to disclose
   38  personal and private information unrelated to medical treatment
   39  in violation of an individual’s privacy as specified in this
   40  section.
   41         (c) A public or private physician, nurse, or other medical
   42  staff person may not enter any intentionally, accidentally, or
   43  inadvertently disclosed information concerning firearms into any
   44  record, whether written or electronic, or disclose such
   45  information to any other source.
   46         (2)(a) A person who violates this section commits a felony
   47  of the third degree, punishable, except as provided in paragraph
   48  (b), as provided in s. 775.082, s. 775.083, or s. 775.084.
   49         (b) A person who violates this section may be assessed a
   50  fine of not more than $5 million if the court determines that
   51  the person knew or reasonably should have known that the conduct
   52  was unlawful.
   53         (c) The state attorney with jurisdiction shall investigate
   54  complaints of criminal violations of this section and, if there
   55  is probable cause to indicate that a person may have committed a
   56  violation, shall prosecute the violator and notify the Attorney
   57  General.
   58         (d) Notwithstanding s. 28.246(6), if a fine for a violation
   59  of this section remains unpaid after 90 days, the Attorney
   60  General shall bring a civil action to enforce the fine.
   61         Section 2. This act shall take effect upon becoming a law.