Title: Pub.Rec. and Meetings/Healthy Florida Program

Summary: Provides exemption from public meetings requirements for certain meetings held by Healthy Florida Board; provides exemption from public records requirements for personal identifying information collected by Healthy Florida Program or other entities possessing such information; prohibits provision & disclosure of such information for law enforcement or immigration purposes; provides for future legislative review & repeal of exemptions; provides statements of public necessity.

Full Text:
An act relating to public records and meetings; amending s. 638.61, F.S.; providing an exemption from public meetings requirements for certain meetings held by the Healthy Florida Board; providing for future legislative review and repeal of the exemption; creating s. 638.617, F.S.; providing an exemption from public records requirements for any personal identifying information in the health records collected by Healthy Florida or obtained by other entities through implementation of Healthy Florida; prohibiting provision or disclosure of such information for specified purposes; providing for future legislative review and repeal of the exemption; providing statem ents of public necessity; providing a contingent effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Effective upon the same date that HB or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law, subsection (10) of section 638.61, Florida Statutes, as created by HB 697, 2019 Regular Session, is renumbered as subsection (11), and a new subsection (10) is HB 2019 added, to read: 638.61 The Healthy Florida Board.-(10)(a) The board is subject to s. 286.011, related to open meetings. However, any meeting or portion of a meeting of the board during which matters related to litigation, personnel, contracting, and rates are discussed is ex empt from s. 286.011 and s. 24(b), Art. I of the State Constitution. (b) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. Effective upon the same date that HB or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes a law, section 638.617, Florida Statutes, is created to read: 638.617 Personal identifying information.-(1)(a) Any personal identifying information in the health records collected by Healthy Florida or obtained by other entities through implementation of Healthy Florida, incl uding, but not limited to, a person's religious beliefs, practices, or affiliation; national origin; ethnicity; or immigration status is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. (b) Notwithstanding any oth er law, Healthy Florida, a HB 2019 state or local agency, or a public employee acting under color of law may not provide or disclose to anyone, including, but not limited to, the Federal Government, any personal identifying information described in subsection (1) for law enforcement or immigration purposes. (2) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2024, unless reviewed and saved from repeal through reenactment by the Legislature. Section 3. (1) The Legislature finds that it is a public necessity that any personal identifying information in the health records collected by the Healthy Florida Program or obtained by other entities through implementation of the Healthy Florida Program, as provided in section of this act, be made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. The public records exemption for private, confidential, and sensitive informatio nin the health records will help prevent criminal activity such as identity theft, fraud, and financial harm. The Legislature finds that the potential for harm resulting from unfettered access to personal identifying information in a person's health recor ds, including consumer scams, unwanted solicitations, or other forms of invasive contacts, exceeds any public benefit that may be derived from disclosure of such information. HB 2019 (2) The Legislature further finds that it is a public necessity that any meetin gor portion of a meeting of the Healthy Florida Board, established in s. 638.61, Florida Statutes, during which matters related to litigation, personnel, contracting, and rates are discussed be made exempt from s. 286.011, Florida Statutes, and s. 24(b), Article I of the State Constitution. The exemption of a meeting or portion of meeting during which matters related to litigation, personnel, contracting, and rates in board meetings are discussed will help protect individuals' and companies' private, confi dential, and proprietary information and prevent criminal activity, including identity theft, cybercrime, and exposure of trade secrets. Section 4. This act shall take effect on the same date that HB or similar legislation takes effect,if such legislation is adopted in the same legislative session or an extension thereof and becomes a law.