HB 221 2024
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hb0221-00
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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 public records; creating s. 2
401.452, F.S.; creating an exemption from public 3
records requirements for personal identifying 4
information held in the database for Patient -directed 5
Doctor's Order forms; authorizing the disclosure of 6
such information to certain entities and individuals 7
under specified conditions; providing for future 8
legislative review and repeal of the exemption under 9
the Open Government Sunset Review Act; providing a 10
statement of public necessity; providing a contingent 11
effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Section 401.452, Florida Statutes, is created 16
to read: 17
401.452 Database for Patient-directed Doctor's Order 18
forms; public records exemption. — 19
(1) Personal identifying information held in the database 20
for Patient-directed Doctor's Order (PDDO) forms created by the 21
Agency for Health Care Administration and stored solely at the 22
option of the patient in electronic form by the Department of 23
Health under s. 401.451 is confidential and exempt from s. 24
119.07(1) and s. 24(a), Art. I of the State Constitution. 25
HB 221 2024
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hb0221-00
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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
(2) The department may disclose such confidential and 26
exempt information to the following individuals or entities upon 27
request after using a verification process to ensure the 28
legitimacy of the request and the requestor's identity: 29
(a) A physician who certifies that the information is 30
necessary to provide medical treatment to a terminally ill 31
patient who has a form stored in the database. 32
(b) A terminally ill patient who has a PDDO form stored in 33
the database or such patient's legal guardian, designated health 34
care surrogate, or family member. 35
(c) A health care facility that certifies that the 36
information is necessary to provide medical treatment to a 37
terminally ill patient who has a PDDO form stored in the 38
database. 39
(3) This section is subject to the Open Government Sunset 40
Review Act in accordance with s. 119.15 and s hall stand repealed 41
on October 2, 2029, unless reviewed and saved from repeal 42
through reenactment by the Legislature. 43
Section 2. The Legislature finds that it is a public 44
necessity to make confidential and exempt from disclosure 45
personal identifying in formation held in the database for 46
Patient-directed Doctor's Order (PDDO) forms which would 47
identify a terminally ill patient, his or her illness, or his or 48
her legal guardian, designated health care surrogate, or family 49
member. Such information, if public ly available, could be used 50
HB 221 2024
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hb0221-00
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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
to invade the personal privacy of the terminally ill patient or 51
his or her legal guardian, designated health care surrogate, or 52
family member. The decisions made under a compassionate and 53
palliative care plan for a terminal illn ess are a private 54
matter. Furthermore, the public disclosure of such information 55
could hinder the effective and efficient administration of the 56
database. Public access to such information could reduce 57
participation in and minimize the effectiveness of comp assionate 58
and palliative care plans to meet the needs of individuals. 59
Finally, access to such information could be used to solicit, 60
harass, stalk, or intimidate terminally ill patients or their 61
legal guardians, designated health care surrogates, or family 62
members. Therefore, the Legislature finds that personal 63
identifying information held in the database which would 64
identify a terminally ill patient, or his or her legal guardian, 65
designated health care surrogate, or family member, who has a 66
plan in the database or which contains or reflects the 67
terminally ill patient's medical information should be 68
confidential and exempt from public records requirements. 69
Section 3. This act shall take effect on the same date 70
that HB 219 or similar legislation takes effe ct if such 71
legislation is adopted in the same legislative session or an 72
extension thereof and becomes a law. 73