Florida 2020 Regular Session Status: In Committee 1 R cosponsors

SB 878 — Public Records/Emergency Room Health Care Practitioners

Last action — Died in Governmental Oversight and Accountability

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Public Records/Emergency Room Health Care Practitioners; Defining the term “emergency room health care practitioner”; providing an exemption from public records requirements for the identifying and location information of current or former emergency room health care practitioners and the spouses and children of such practitioners; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.

Bill Text

What changed in the latest version

68 added · 332 removed

68 line(s) added, 332 removed.

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Florida Senate - 2020 SB 878 By Senator Harrell 25-01193-20 2020878__ A bill to be entitled An act relating to public records;
Florida Senate - 2020 CS for SB 878 By the Committee on Health Policy;
and Senator Harrell 588-02264-20 2020878c1 A bill to be entitled An act relating to public records;
providing an exemption from public records requirements for the personal identifying and location information of current or former emergency room health care practitioners and the spouses and children of such practitioners;
providing an exemption from public records requirements for the identifying and location information of current or former emergency room health care practitioners and the spouses and children of such practitioners;
providing for future legislative review and repeal of the exemption;
12 Be It Enacted by the Legislature of the State of Florida:
14 Be It Enacted by the Legislature of the State of Florida:
14 Section 1. Paragraph (d) of subsection (4) of section 119.071, Florida Statutes, is amended to read:
16 Section 1. Paragraph (l) is added to subsection (5) of section 119.071, Florida Statutes, to read:
119.071 General exemptions from inspection or copying of public records.— (4) AGENCY PERSONNEL INFORMATION.— (d)1. For purposes of this paragraph, the term:
119.071 General exemptions from inspection or copying of public records.— (5) OTHER PERSONAL INFORMATION.— (l)1. For purposes of this paragraph, the term “emergency room health care practitioner” means any licensed health care practitioner whose duties are performed in a hospital emergency department, including, but not limited to, a physician or a physician assistant licensed under chapter 458 or chapter 459;
a. “Home addresses” means the dwelling location at which an individual resides and includes the physical address, mailing address, street address, parcel identification number, plot identification number, legal property description, neighborhood name and lot number, GPS coordinates, and any other descriptive property information that may reveal the home address.
an advanced practice registered nurse, a registered nurse, or a licensed practical nurse licensed under part I of chapter 464;
b. “Telephone numbers” includes home telephone numbers, personal cellular telephone numbers, personal pager telephone numbers, and telephone numbers associated with personal communications devices.
or any other licensed health care personnel.
2.a. The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn law enforcement personnel or of active or former civilian personnel employed by a law enforcement agency, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement;
2. The home addresses, telephone numbers, dates of birth, places of employment, and photographs of current or former emergency room health care practitioners;
the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
b. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Department of Financial Services whose duties include the investigation of fraud, theft, workers’ compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
c. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Office of Financial Regulation’s Bureau of Financial Investigations whose duties include the investigation of fraud, theft, other related criminal activities, or state regulatory requirement violations;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
d. The home addresses, telephone numbers, dates of birth, and photographs of current or former firefighters certified in compliance with s.
633.408;
the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such firefighters;
and the names and locations of schools and day care facilities attended by the children of such firefighters are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
e. The home addresses, dates of birth, and telephone numbers of current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former justices and judges;
and the names and locations of schools and day care facilities attended by the children of current or former justices and judges are exempt from s.
119.07(1) and s.
24(a), Art.
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I of the State Constitution.
f. The home addresses, telephone numbers, dates of birth, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors;
the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors;
and the names and locations of schools and day care facilities attended by the children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
g. The home addresses, dates of birth, and telephone numbers of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers;
and the names and locations of schools and day care facilities attended by the children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
h. The home addresses, telephone numbers, dates of birth, and photographs of current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
i. The home addresses, telephone numbers, dates of birth, and photographs of current or former code enforcement officers;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
j. The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former guardians ad litem, as defined in s.
39.820;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons;
and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
k. The home addresses, telephone numbers, dates of birth, and photographs of current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile justice detention officer supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and II, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice;
the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
l. The home addresses, telephone numbers, dates of birth, and photographs of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel;
and the names and locations of schools and day care facilities attended by the children of current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
m. The home addresses, telephone numbers, dates of birth, and photographs of current or former investigators or inspectors of the Department of Business and Professional Regulation;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such current or former investigators and inspectors;
and the names and locations of schools and day care facilities attended by the children of such current or former investigators and inspectors are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
n. The home addresses, telephone numbers, and dates of birth of county tax collectors;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such tax collectors;
and the names and locations of schools and day care facilities attended by the children of such tax collectors are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
o. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
p. The home addresses, telephone numbers, dates of birth, and photographs of current or former impaired practitioner consultants who are retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person’s skill and safety to practice a licensed profession;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such consultants or their employees;
and the names and locations of schools and day care facilities attended by the children of such consultants or employees are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
q. The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency medical technicians or paramedics certified under chapter 401;
the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such emergency medical technicians or paramedics;
and the names and locations of schools and day care facilities attended by the children of such emergency medical technicians or paramedics are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
r. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel employed in an agency’s office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline;
the names, home addresses, telephone numbers, dates of birth, and places of employment of spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
s. The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, nurses, and clinical employees of an addiction treatment facility;
the home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel;
and the names and locations of schools and day care facilities attended by the children of such personnel are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
For purposes of this sub-subparagraph, the term “addiction treatment facility” means a county government, or agency thereof, that is licensed pursuant to s.
397.401 and provides substance abuse prevention, intervention, or clinical treatment, including any licensed service component described in s.
397.311(26).
t. The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, and clinical employees of a child advocacy center that meets the standards of s.
39.3035(1) and fulfills the screening requirement of s.
39.3035(2), and the members of a Child Protection Team as described in s.
39.303 whose duties include supporting the investigation of child abuse or sexual abuse, child abandonment, child neglect, and child exploitation or to provide services as part of a multidisciplinary case review team;
the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel and members;
and the names and locations of schools and day care facilities attended by the children of such personnel and members are exempt from s.
119.07(1) and s.
24(a), Art.
I of the State Constitution.
u.(I) The home addresses, telephone numbers, dates of birth, and photographs of current or former emergency room health care practitioners;
(II) For purposes of sub-sub-subparagraph (I), the term “emergency room health care practitioner” means a physician or a physician assistant licensed under chapter 458 or chapter 459;
3. The exemption in subparagraph 2.
an advanced practice registered nurse, a registered nurse, or a licensed practical nurse licensed under part I of chapter 464;
applies to information held by an agency before, on, or after the effective date of the exemption.
or any other licensed health care personnel whose duties are performed in a hospital emergency department.
4. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.
3. An agency that is the custodian of the information specified in subparagraph 2.
119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal through reenactment by the Legislature.
and that is not the employer of the officer, employee, justice, judge, or other person specified in subparagraph 2.
Section 2. The Legislature finds that it is a public necessity that the home addresses, telephone numbers, dates of birth, places of employment, and photographs of current or former emergency room health care practitioners;
shall maintain the exempt status of that information only if the officer, employee, justice, judge, other person, or employing agency of the designated employee submits a written request for maintenance of the exemption to the custodial agency.
4. An officer, an employee, a justice, a judge, or other person specified in subparagraph 2.
may submit a written request for the release of his or her exempt information to the custodial agency.
The written request must be notarized and must specify the information to be released and the party that is authorized to receive the information.
Upon receipt of the written request, the custodial agency shall release the specified information to the party authorized to receive such information.
5. The exemptions in this paragraph apply to information held by an agency before, on, or after the effective date of the exemption.
6. This paragraph 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. The Legislature finds that it is a public necessity that the home addresses, telephone numbers, dates of birth, and photographs of current or former emergency room health care practitioners;
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Action History

  1. Died in Governmental Oversight and Accountability

  2. Indefinitely postponed and withdrawn from consideration

  3. CS by Health Policy read 1st time

  4. Now in Governmental Oversight and Accountability

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Health Policy; YEAS 9 NAYS 1

  7. Introduced

  8. On Committee agenda-- Health Policy, 01/14/20, 2:30 pm, 412 Knott Building

  9. Referred to Health Policy; Governmental Oversight and Accountability; Rules

  10. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 878 do?
Public Records/Emergency Room Health Care Practitioners; Defining the term “emergency room health care practitioner”; providing an exemption from public records requirements for the identifying and location information of current or former emergency room health care practitioners and the spouses and children of such practitioners; providing for future legislative review and repeal of the exemption; providing a statement of public necessity, etc.
Who sponsors SB 878?
SB 878 is sponsored by Harrell, Gayle (Republican).
What is the current status of SB 878?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 878?
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