Bill Text: FL S7030 | 2022 | Regular Session | Introduced

---

Bill Title: OGSR/Health Information of an Inmate or an Offender

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-02-17 - Laid on Table, refer to HB 7009 [S7030 Detail]

Download: Florida-2022-S7030-Introduced.html

---

       Florida Senate - 2022                                    SB 7030
       
       
        
       By the Committee on Criminal Justice
       
       
       
       
       
       591-02075-22                                          20227030__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 945.10, F.S., which
    4         provides exemptions from public records requirements
    5         for protected health information of an inmate or an
    6         offender, and for the identity of any inmate or
    7         offender upon whom an HIV test has been performed and
    8         the inmate’s or offender’s test results; removing the
    9         scheduled repeal of the exemptions; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraphs (a) and (h) of subsection (1) of
   15  section 945.10, Florida Statutes, are amended to read:
   16         945.10 Confidential information.—
   17         (1) Except as otherwise provided by law or in this section,
   18  the following records and information held by the Department of
   19  Corrections are confidential and exempt from the provisions of
   20  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
   21         (a)1. Mental health, medical, or substance abuse records of
   22  an inmate or an offender; and
   23         2. Protected health information of an inmate or an
   24  offender. Protected health information, as used in this section,
   25  has the same meaning as provided in 45 C.F.R. s. 160.103. This
   26  subparagraph is subject to the Open Government Sunset Review Act
   27  of 1995 in accordance with s. 119.15 and shall stand repealed on
   28  October 2, 2022, unless reviewed and saved from repeal through
   29  reenactment by the Legislature.
   30         (h) The identity of any inmate or offender upon whom an HIV
   31  test has been performed and the inmate’s or offender’s test
   32  results, in accordance with s. 381.004. The term “HIV test” has
   33  the same meaning as provided in s. 381.004. This paragraph is
   34  subject to the Open Government Sunset Review Act of 1995 in
   35  accordance with s. 119.15 and shall stand repealed on October 2,
   36  2022, unless reviewed and saved from repeal through reenactment
   37  by the Legislature.
   38         Section 2. This act shall take effect October 1, 2022.