Bill Text: FL S0914 | 2016 | Regular Session | Introduced

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Bill Title: Public Records/Identifying Medical and Personal Information

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Messages [S0914 Detail]

Download: Florida-2016-S0914-Introduced.html

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       Florida Senate - 2016                                     SB 914
       
       
        
       By Senator Detert
       
       
       
       
       
       28-00315A-16                                           2016914__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         119.071, F.S.; creating an exemption from public
    4         records requirements for medical and personal
    5         identifying information of an applicant for or a
    6         recipient of the property tax exemption for totally
    7         and permanently disabled persons; providing for
    8         retroactive application; authorizing disclosure of
    9         such information under certain conditions; providing
   10         for future legislative review and repeal of the
   11         exemption; providing a statement of public necessity;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (l) is added to subsection (5) of
   17  section 119.071, Florida Statutes, to read:
   18         119.071 General exemptions from inspection or copying of
   19  public records.—
   20         (5) OTHER PERSONAL INFORMATION.—
   21         (l)1. Medical and personal identifying information of an
   22  applicant for or a recipient of the property tax exemption for
   23  totally and permanently disabled persons under s. 196.101, which
   24  is held by the property appraiser, the Department of Revenue,
   25  the tax collector, the Auditor General, and the Office of
   26  Program Policy Analysis and Government Accountability is
   27  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   28  of the State Constitution, if the applicant or recipient has
   29  made reasonable efforts to protect such information from being
   30  accessible through other means available to the public.
   31         2. The exemption in this paragraph applies to information
   32  held by the property appraiser, the Department of Revenue, the
   33  tax collector, the Auditor General, and the Office of Program
   34  Policy Analysis and Government Accountability before, on, or
   35  after the effective date of this exemption.
   36         3. Information made confidential and exempt by this
   37  paragraph shall be disclosed:
   38         a. With the express written consent of the applicant or
   39  recipient or the legally authorized representative of such
   40  applicant or recipient;
   41         b. By court order upon showing of good cause; or
   42         c. To another agency in the performance of its duties and
   43  responsibilities. If disclosed to another agency, the
   44  information shall retain its confidential and exempt status.
   45         4. This paragraph is subject to the Open Government Sunset
   46  Review Act in accordance with s. 119.15 and shall stand repealed
   47  on October 2, 2021, unless reviewed and saved from repeal
   48  through reenactment by the Legislature.
   49         Section 2. The Legislature finds that it is a public
   50  necessity that medical and personal identifying information of
   51  an applicant for or a recipient of a property tax exemption for
   52  totally and permanently disabled persons under s. 196.101,
   53  Florida Statutes, which is held by the property appraiser, the
   54  Department of Revenue, the tax collector, the Auditor General,
   55  and the Office of Program Policy Analysis and Government
   56  Accountability, be made confidential and exempt from public
   57  records requirements. A totally and permanently disabled person
   58  is required to file an application containing medical and
   59  personal identifying information and a certification of his or
   60  her disability in order to claim a property tax exemption. The
   61  exemption is granted only to those who have a severe physical or
   62  mental disability. The Legislature finds that the release of an
   63  applicant’s or a recipient’s medical or personal identifying
   64  information allows the public to gain knowledge of sensitive,
   65  personal medical information that might be used to harass,
   66  embarrass, or humiliate the individual based on his or her
   67  disability. In addition, the release of an applicant’s or a
   68  recipient’s medical or personal identifying information would
   69  enable nefarious characters to gain knowledge of the applicant’s
   70  or recipient’s vulnerabilities, and such knowledge could result
   71  in these individuals becoming targets of acts of violence and
   72  other crimes. The Legislature further finds that the harm that
   73  may result from the release of such medical and personal
   74  identifying information outweighs any public benefit that may be
   75  derived from disclosure of the information.
   76         Section 3. This act shall take effect upon becoming a law.