Bill Text: FL S0972 | 2010 | Regular Session | Introduced

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

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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-Introduced.html

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Florida Senate - 2010                                     SB 972 
 
By Senator Richter 
37-00510-10                                            2010972__ 
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 ____ or similar legislation takes effect, if such 
63  legislation is adopted in the same legislative session, or an 
64  extension thereof, and becomes law.