Bill Text: FL S1362 | 2010 | Regular Session | Introduced

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Bill Title: Pub. Rec./Juveniles/Blood Test Results/DJJ [SPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Criminal Justice [S1362 Detail]

Download: Florida-2010-S1362-Introduced.html

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Florida Senate - 2010                                    SB 1362 
 
By Senator Wilson 
33-01376-10                                           20101362__ 
1                        A bill to be entitled 
2         An act relating to public records; amending s. 
3         985.1351, F.S.; providing an exemption from public 
4         records requirements for serologic blood test results 
5         from juveniles referred to or under the supervision of 
6         the Department of Juvenile Justice; providing for 
7         future legislative review and repeal of the exemption 
8         under the Open Government Sunset Review Act; providing 
9         a statement of necessity; providing a contingent 
10         effective date. 
11 
12  Be It Enacted by the Legislature of the State of Florida: 
13 
14         Section 1. Subsection (6) is added to section 985.1351, 
15  Florida Statutes, as created by SB 1220, to read: 
16         985.1351 Blood test of a child referred to or under the 
17  supervision of the department.— 
18         (6)(a) Except as otherwise provided in this section, 
19  serologic blood test results obtained pursuant to subsection (1) 
20  or subsection (2) are confidential and exempt from s. 119.07(1) 
21  and s. 24(a), Art. I of the State Constitution. However, such 
22  results may be provided to an employee or officer of the 
23  juvenile assessment center or juvenile detention facility, or to 
24  the juvenile probation officer who is responsible for the 
25  custody and care of the affected child, who has a need to know 
26  such information, and as provided in ss. 381.004, 775.0877, and 
27  960.003. 
28         (b) This subsection is subject to the Open Government 
29  Sunset Review Act in accordance with s. 119.15, and shall stand 
30  repealed on October 2, 2015, unless reviewed and saved from 
31  repeal through reenactment by the Legislature. 
32         Section 2. The Legislature finds that exempting results 
33  from serologic blood tests of children referred to or under the 
34  supervision of the Department of Juvenile Justice is a public 
35  necessity in that harm caused by releasing personal and 
36  sensitive medical information outweighs any public benefit 
37  derived from releasing such information. Such information could 
38  be embarrassing to the child and his or her family and, if 
39  released, could harm the personal and future professional 
40  reputation of, and be used to discriminate against, the child to 
41  whom the information pertains. 
42         Section 3. This act shall take effect on the same date that 
43  Senate Bill 1220 or similar legislation takes effect, if such 
44  legislation is adopted in the same legislative session, or an 
45  extension thereof, and becomes law.