Bill Text: FL S0432 | 2011 | Regular Session | Comm Sub

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

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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-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 432
       
       
       
       By the Committee on Criminal Justice; and Senator Evers
       
       
       
       
       591-02004-11                                           2011432c1
    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; prohibiting
   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 noncriminal penalties;
   18         providing for prosecution of violations; requiring
   19         that the Attorney General be notified of prosecution
   20         of violations; providing for collection of fines by
   21         the Attorney General in certain circumstances;
   22         providing exemptions; 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; prohibitions;
   29  penalties; exceptions.—
   30         (1)(a) A verbal or written inquiry by a public or private
   31  physician, nurse, or other medical staff person regarding the
   32  ownership of a firearm by a patient or the family of a patient
   33  or the presence of a firearm in a private home or other domicile
   34  of a patient or the family of a patient violates the privacy of
   35  the patient or the patient’s family members, respectively.
   36         (b) A public or private physician, nurse, or other medical
   37  staff person may not condition receipt of medical treatment or
   38  medical care on a person’s willingness or refusal to disclose
   39  personal and private information unrelated to medical treatment
   40  in violation of an individual’s privacy as specified in this
   41  subsection.
   42         (c) A public or private physician, nurse, or other medical
   43  staff person may not intentionally, accidentally, or
   44  inadvertently enter any disclosed information concerning
   45  firearms into any record, whether written or electronic, or
   46  disclose such information to any other source.
   47         (2)(a) A person who violates any provision of this section
   48  commits a noncriminal violation as defined in s. 775.08 and is
   49  punishable as provided in s. 775.082 and s. 775.083.
   50         (b) If the court determines that the violation was knowing
   51  and willful or in the exercise of ordinary care the person
   52  should have known that the act was a violation, the court shall
   53  access a fine of not less than $10,000 for a first offense; not
   54  less than $25,000 for a second offense; and not less than
   55  $100,000 for a third or subsequent offense. The person found to
   56  have committed the violation is personally liable for the
   57  payment of all fines, costs, and fees assessed by the court for
   58  the noncriminal violation.
   59         (c) The state attorney in the jurisdiction shall
   60  investigate complaints of noncriminal violations of this section
   61  and, if the state attorney determines there is probable cause
   62  that a violation exists, the state attorney shall prosecute the
   63  violator in the circuit court where the complaint arose. Any
   64  state attorney who fails to execute his or her duties under this
   65  section may be held accountable under the appropriate Florida
   66  rules of professional conduct.
   67         (d) The state attorney shall notify the Attorney General of
   68  any fines accessed under this section and, notwithstanding s.
   69  28.246(6), if a fine for a violation of this section remains
   70  unpaid after 90 days, the Attorney General shall bring a civil
   71  action to enforce the fine.
   72         (e) Except as required by s. 16, Art. I of the State
   73  Constitution or the Sixth Amendment to the United States
   74  Constitution, public funds may not be used to defend the
   75  unlawful conduct of any person charged with a knowing and
   76  willful violation of this section.
   77         (f) Notwithstanding any other provision of this section:
   78         1. A psychiatrist as defined in s. 394.455, a psychologist
   79  as defined in s. 490.003, a school psychologist as defined in s.
   80  490.003, or a clinical social worker as defined in s. 491.003
   81  may make an inquiry reasonably necessary if the person making
   82  the inquiry in good faith believes that the possession or
   83  control of a firearm or ammunition by the patient would pose an
   84  imminent threat to himself, herself, or others; and
   85         2. A public or private physician, nurse, or other medical
   86  staff person may make an inquiry reasonably necessary for the
   87  treatment of a patient during the course and scope of a medical
   88  emergency, which specifically includes, but is not limited to, a
   89  mental health or psychotic episode where the patient’s conduct
   90  or symptoms reasonably indicate that the patient has the
   91  capacity of causing harm to himself, herself, or others.
   92  
   93  However, a patient’s response to any inquiry permissible under
   94  this subsection shall be private and may not be disclosed to any
   95  third party who is not participating in the treatment of the
   96  patient other than a law enforcement officer conducting an
   97  active investigation involving the patient or the events giving
   98  rise to a medical emergency. This subsection does not apply to a
   99  person’s general belief that firearms or ammunition are harmful
  100  to health or safety.
  101         (3) Medical records created on or before the effective date
  102  of this section are not a violation of this section. Such
  103  records, when transferred to another health care provider, are
  104  not subject to the prohibitions or penalties of this section.
  105         Section 2. This act shall take effect upon becoming a law.