January 21, 2020
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HB 1887

1
A bill to be entitled
2An act relating to public records and meetings exemptions;
3creating s. 381.0273, F.S.; providing that information
4contained in patient safety data or other records
5maintained by the Florida Patient Safety Corporation and
6its subsidiaries, advisory committees, and contractors
7that identifies a patient or that identifies the person or
8entity reporting patient safety data is confidential and
9exempt from public records requirements; providing that
10portions of meetings held by the corporation and its
11subsidiaries, advisory committees, and contractors at
12which such information is discussed are exempt from public
13meetings requirements; providing that minutes of closed
14portions of certain meetings are confidential and exempt
15from public records requirements; providing for future
16legislative review and repeal under the Open Government
17Sunset Review Act of 1995; providing a statement of public
18necessity; providing a contingent effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 381.0273, Florida Statutes, is created
23to read:
24     381.0273  Public records exemption for patient safety
25data.--
26     (1)(a)  Information that identifies a patient contained in
27patient safety data, as defined in s. 766.1016, or in other
28records held by the Florida Patient Safety Corporation and its
29subsidiaries, advisory committees, and contractors pursuant to
30s. 381.0271 is confidential and exempt from s. 119.07(1) and s.
3124(a), Art. I of the State Constitution.
32     (b)  Information that identifies the person or entity that
33reports patient safety data, as defined in s. 766.1016, to the
34corporation and that is contained in patient safety data or in
35other records held by the Florida Patient Safety Corporation and
36its subsidiaries, advisory committees, and contractors pursuant
37to s. 381.0271 is confidential and exempt from s. 119.07(1) and
38s. 24(a), Art. I of the State Constitution.
39     (2)(a)  Any portion of a meeting held by the Florida
40Patient Safety Corporation or its subsidiaries, advisory
41committees, and contractors during which information made
42confidential and exempt pursuant to subsection (1) is discussed
43is exempt from s. 286.011 and s. 24(b), Art. I of the State
44Constitution.
45     (b)  The provisions of this subsection apply to those
46portions of the minutes of such meetings that contain
47information made confidential and exempt pursuant to subsection
48(1).
49     (3)  This section is subject to the Open Government Sunset
50Review Act of 1995 in accordance with s. 119.15, and shall stand
51repealed on October 2, 2009, unless reviewed and saved from
52repeal through reenactment by the Legislature.
53     Section 2.  The Legislature finds that it is a public
54necessity that information that identifies a patient contained
55in patient safety data, as defined in s. 766.1016, or other
56records held by the Florida Patient Safety Corporation and its
57subsidiaries, advisory committees, and contractors be made
58confidential and exempt from public disclosure. Such information
59is of a sensitive and personal nature and the release of such
60information could be defamatory to the patient or could cause
61unwarranted damage to the name or reputation of the patient. The
62Legislature finds that it is a public necessity that information
63that identifies the person or entity reporting patient safety
64data to the Florida Patient Safety Corporation and its
65subsidiaries, advisory committees, and contractors be protected
66since health care practitioners and health care facilities would
67be unlikely to voluntarily submit patient safety data if their
68identity were made public because such information could be
69defamatory to the person or entity or could cause unwarranted
70damage to the name or reputation of the person or entity. The
71Legislature further finds that it is a public necessity that any
72portion of a meeting of the Florida Patient Safety Corporation
73and its subsidiaries, advisory committees, and contractors be
74closed when confidential and exempt information is discussed,
75and that those portions of the minutes of such meetings are also
76confidential and exempt. Without these protections, the
77effectiveness of the Florida Patient Safety Corporation would be
78jeopardized and the ability of the Florida Patient Safety
79Corporation to assist health care practitioners and health care
80facilities to reduce and prevent injury to patients in the
81future would be significantly impaired.
82     Section 3.  This act shall take effect upon becoming a law
83if HB 1885 or similar legislation is adopted in the same
84legislative session or an extension thereof and becomes law.


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