THE BILL ITSELF
CS/HB 1445
Pub. Rec./Parkinson's Disease Registry
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An act relating to public records; creating s.
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1004.43521, F.S.; providing a public records exemption
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for specified patient information for the Parkinson's
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disease registry; authorizing certain information to
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be disclosed under certain circumstances; providing
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for future legislative review and repeal of the
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exemption; providing a statement of public necessity;
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providing a contingent effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 1004.43521, Florida Statutes, is
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created to read:
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1004.43521 Parkinson's disease registry; public records
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exemption.—
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(1) Information held in the Parkinson's disease registry
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under s. 1004.4352 which identifies a patient is confidential
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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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(2) Such information may be disclosed to the following:
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(a) The Parkinson's Disease Research Board.
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(b) A private entity that the board has contracted with to
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establish and maintain the registry if such entity agrees to:
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1. Submit a research plan to the board which specifies the
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exact nature of the information requested and the intended use
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of the information;
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2. Maintain the confidentiality of the records or
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information if personal identifying information is made
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available to the entity;
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3. Destroy any confidential records or information
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obtained after the research is concluded; and
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4. Not directly or indirectly contact, for any purpose,
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any patient.
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(3) This section is subject to the Open Government Sunset
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Review Act in accordance with s. 119.15 and shall stand repealed
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on October 2, 2031, unless reviewed and saved from repeal
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through reenactment by the Legislature.
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Section 2. The Legislature finds that is a public
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necessity that information held in the Parkinson's disease
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registry under s. 1004.4352, Florida Statutes, which would
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identify a patient be made confidential and exempt from s.
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119.07(1), Florida Statutes, and s. 24(a), Article I of the
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State Constitution. Such personal identifying health care
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information, if publicly available, could be used to invade the
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personal privacy of the individual identified in the registry.
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The Legislature finds that the disclosure of such information
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could hinder the effective and efficient administration of the
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registry. Further, the Legislature finds that access to such
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information could be used to solicit or harass an individual
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identified in the registry. Therefore, the Legislature finds
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that information held in the Parkinson's disease registry which
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would identify a patient should be confidential and exempt from
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public records requirements.
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Section 3. This act shall take effect on the same date
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that HB 1443 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.