Florida Senate Health Regulation Committee Meeting Report: March 28, 2011

The Florida Senate Health Regulation Committee favorably passed CS/SB 432 Relating to Privacy of Firearms Owners, as amended, during its meeting today, March 28, 2011. CS/SB 432 is sponsored by Senator Greg Evers (R-Crestview), and the Committee Substitute is sponsored by the Criminal Justice Committee. CS/SB 432 provides that inquiries by physicians (or other medical personnel), concerning the ownership of a firearm by a patient (or the family of a patient), or the presence of a firearm in a private home (or other domicile of a patient or the family of a patient), violates the privacy of the patient or the patient’s family members, respectively. CS/SB 432 also prohibits entry of certain information concerning firearms into medical records or disclosure of such information by specified individuals.

During today’s meeting, controversial Strike-All Amendment 422568 filed by Senator Thad Altman (R-Melbourne) was debated and favorably adopted. The Amendment is attached for your review.  Following the adoption of the Amendment, significant debate on CS/SB 432 as amended ensued, primarily against passage of the bill.  During the debate, several questions were raised as to whether this particular aspect of the doctor-patient relationship was a proper area for the Legislature’s involvement. In addition, concerns were raised regarding the appropriateness of the insurance provision created by the adopted Amendment and its “unintentional” implications.  The insurance provision provides: “[n]o insurer issuing any type of insurance policy pursuant to this chapter may deny coverage or increase any premium, or otherwise discriminate against any insured or applicant for insurance on the basis of, or upon reliance upon (i) the lawful ownership or possession of a firearm or ammunition or (ii) the lawful use or storage of a firearm or ammunition.”

Following the conclusion of the public testimony, Senator Evers waived closed, a vote was taken, and CS/SB 432 passed favorably as amended.

Should you have any questions or comments, please contact Colodny Fass.

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