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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS
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F.S. 381.00318
381.00318 Complaints and investigations regarding mandate prohibitions; public records exemption.
(1) A complaint alleging a business entity’s, a governmental entity’s, or an educational institution’s violation of s. 381.00316, s. 381.00317, or s. 381.00319, and all information relating to an investigation of such complaint, held by the Department of Legal Affairs or the Department of Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the investigation is completed or ceases to be active. For purposes of this section, an investigation is considered “active” while such investigation is being conducted by the Department of Legal Affairs or the Department of Health with a reasonable good faith belief that it may lead to a determination of whether there was a violation of s. 381.00316, s. 381.00317, or s. 381.00319. An investigation does not cease to be active if the Department of Legal Affairs or the Department of Health is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the Department of Legal Affairs or the Department of Health.
(2) After an investigation is completed or ceases to be active, information in records relating to the investigation remains confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if disclosure of that information would do any of the following:
(a) Jeopardize the integrity of another active investigation.
(b) Reveal medical information about an individual.
(c) Reveal information regarding an individual’s religious beliefs.
(3) Information made confidential and exempt under this section may be released to another business entity, governmental entity, or educational institution in the furtherance of that entity’s or institution’s lawful duties and responsibilities.
(4) This section does not prohibit the disclosure of information in an aggregated format.
(5) This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2028, unless reviewed and saved from repeal through reenactment by the Legislature.
History.s. 1, ch. 2021-273; s. 1, ch. 2023-42.