November 25, 2020
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HB 539

A bill to be entitled
2An act relating to public records; providing an exemption
3from public records requirements for information contained
4in dental workforce surveys submitted by dentists and
5dental hygienists to the Department of Health as a
6condition for license renewal; providing exceptions to the
7exemption; providing for future legislative review and
8repeal of the exemption under the Open Government Sunset
9Review Act; providing a statement of public necessity;
10providing a contingent effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Confidentiality of certain information
15contained in dental workforce surveys.-
16     (1)  All personal identifying information contained in
17records provided by dentists and dental hygienists licensed
18under chapter 466, Florida Statutes, in response to dental
19workforce surveys required as a condition of license renewal and
20held by the Department of Health is confidential and exempt from
21s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
22State Constitution, except such information shall be disclosed:
23     (a)  With the express written consent of the individual to
24whom the information pertains or the individual's legally
25authorized representative.
26     (b)  By court order upon a showing of good cause.
27     (c)  To a research entity, if the entity seeks the records
28or data pursuant to a research protocol approved by the
29Department of Health, maintains the records or data in
30accordance with the approved protocol, and enters into a
31purchase and data-use agreement with the department, the fee
32provisions of which are consistent with s. 119.07(4), Florida
33Statutes. The department may deny a request for records or data
34if the protocol provides for intrusive follow-back contacts,
35does not plan for the destruction of confidential records after
36the research is concluded, is administratively burdensome, or
37does not have scientific merit. The agreement must restrict the
38release of information that would identify individuals, limit
39the use of records or data to the approved research protocol,
40and prohibit any other use of the records or data. Copies of
41records or data issued pursuant to this paragraph remain the
42property of the department.
43     (2)  This section is subject to the Open Government Sunset
44Review Act in accordance with s. 119.15, Florida Statutes, and
45shall stand repealed on October 2, 2015, unless reviewed and
46saved from repeal through reenactment by the Legislature.
47     Section 2.  The Legislature finds that it is a public
48necessity that personal identifying information concerning a
49dentist or dental hygienist licensed under chapter 466, Florida
50Statutes, who responds to a dental workforce survey as a
51condition of licensure renewal be made confidential and exempt
52from disclosure. Candid and honest responses by licensed
53dentists and dental hygienists to the survey will ensure that
54timely and accurate information is available to the Department
55of Health. The Legislature finds that the failure to maintain
56the confidentiality of such personal identifying information
57would prevent the resolution of important state interests to
58ensure the availability of dentists and dental hygienists in
59this state.
60     Section 3.  This act shall take effect on the same date
61that House Bill 537 or similar legislation takes effect, if such
62legislation is adopted in the same legislative session, or an
63extension thereof, and becomes law.

CODING: Words stricken are deletions; words underlined are additions.
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