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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
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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
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Be It Enacted by the Legislature of the State of Florida: 9
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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 from 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 informatio n, 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of 1995 in accordance with s. 119.15 and shall stand repealed on 25
ENROLLED
HB 7009 2022 Legislature
CODING: Words stricken are deletions; words underlined are additions.
hb7009-01-er
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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 reviewed an d 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accordance with s. 119.15 and shall stand repealed on October 2, 33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