Florida 2022 2022 Regular Session

Florida House Bill H7009 Introduced / Bill

Filed 12/02/2021

                       
 
HB 7009  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb7009-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to a review under the Open Government 2 
Sunset Review Act; amending s. 945.10, F.S.; removing 3 
the scheduled repeal of exemptions from public records 4 
requirements for certain protected health information 5 
held by the Department of Corrections; providing an 6 
effective date. 7 
 8 
Be It Enacted by the Legislature of the State of Florida: 9 
 10 
 Section 1.  Paragraphs (a) and (h) of subsection (1) of 11 
section 945.10, Florida Statutes, are amended to read: 12 
 945.10  Confidential information. — 13 
 (1)  Except as otherwise provided by law or in this 14 
section, the following records and information held by the 15 
Department of Corrections are confidential and exempt fr om the 16 
provisions of s. 119.07(1) and s. 24(a), Art. I of the State 17 
Constitution: 18 
 (a)1.  Mental health, medical, or substance abuse records 19 
of an inmate or an offender; and 20 
 2.  Protected health information of an inmate or an 21 
offender. Protected health in formation, as used in this section, 22 
has the same meaning as provided in 45 C.F.R. s. 160.103. This 23 
subparagraph is subject to the Open Government Sunset Review Act 24 
of 1995 in accordance with s. 119.15 and shall stand repealed on 25     
 
HB 7009  	2022 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb7009-00 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
October 2, 2022, unless rev iewed and saved from repeal through 26 
reenactment by the Legislature. 27 
 (h)  The identity of any inmate or offender upon whom an 28 
HIV test has been performed and the inmate's or offender's test 29 
results, in accordance with s. 381.004. The term "HIV test" has 30 
the same meaning as provided in s. 381.004. This paragraph is 31 
subject to the Open Government Sunset Review Act of 1995 in 32 
accordance with s. 119.15 and shall stand repealed on October 2, 33 
2022, unless reviewed and saved from repeal through reenactment 34 
by the Legislature. 35 
 Section 2.  This act shall take effect October 1, 2022. 36