The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 384
SEXUALLY TRANSMISSIBLE DISEASES

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F.S. 384.29

384.29 Confidentiality.—

(1) All information and records held by the department or its authorized representatives relating to known or suspected cases of sexually transmissible diseases are strictly confidential and exempt from the provisions of s. 119.07(1). Such information shall not be released or made public by the department or its authorized representatives, or by a court or parties to a lawsuit upon revelation by subpoena, except under the following circumstances:

(a) When made with the consent of all persons to which the information applies;

(b) When made for statistical purposes, and medical or epidemiologic information is summarized so that no person can be identified and no names are revealed;

(c) When made to medical personnel, appropriate state agencies, public health agencies, or courts of appropriate jurisdiction, to enforce the provisions of this chapter or s. 775.0877 and related rules;

(d) When made in a medical emergency, but only to the extent necessary to protect the health or life of a named party, or an injured officer, firefighter, paramedic, or emergency medical technician; or

(e) When made to the proper authorities as required by chapter 39 or chapter 415.

(2) When disclosure is made pursuant to a subpoena, the court shall seal such information from further disclosure, except as deemed necessary by the court to reach a decision, unless otherwise agreed to by all parties. Except as provided in this section, such information that is disclosed pursuant to a subpoena is confidential and exempt from the provisions of s. 119.07(1).

(3) No employee of the department or its authorized representatives shall be examined in a civil, criminal, special, or other proceeding as to the existence or contents of pertinent records of a person examined or treated for a sexually transmissible disease by the department or its authorized representatives, or of the existence or contents of such reports received from a private physician or private health facility, without the consent of the person examined and treated for such diseases, except in proceedings under ss. 384.27 and 384.28 or involving offenders pursuant to s. 775.0877.

History.—s. 90, ch. 86-220; s. 5, ch. 90-292; s. 7, ch. 90-344; s. 11, ch. 93-227; s. 17, ch. 96-322; s. 199, ch. 96-406; s. 138, ch. 98-403; s. 24, ch. 2001-62.

F.S. 384.29 on Google Scholar

F.S. 384.29 on Casetext

Amendments to 384.29

Arrestable Offenses / Crimes under Fla. Stat. 384.29

Level: Degree
Misdemeanor/Felony: First/Second/Third

S384.29 - INVADE PRIVACY - DISCLOSE INFO RE SEXUALLY TRANSMITTED DISEASE - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

In FLORIDA RULE OF JUDICIAL ADMINISTRATION, 156 So. 3d 499 (Fla. 2015)

. . . . § 384.29, Fla. Stat. . . .

STATE v. G. DEBAUN,, 129 So. 3d 1089 (Fla. Dist. Ct. App. 2013)

. . . .— (1) Any person who violates the provision of s. 384.24, s. 3824.26, or s. 384.29 is guilty of a misdemeanor . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 124 So. 3d 819 (Fla. 2013)

. . . . § 384.29, Fla. Stat. . . . results when-provided by the Deportment of Health or the--department’s authorized representative. § 384.29 . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION, 68 So. 3d 228 (Fla. 2011)

. . . . § 384.29, Fla. . . .

In AMENDMENTS TO FLORIDA RULE OF JUDICIAL ADMINISTRATION AND THE FLORIDA RULES OF APPELLATE PROCEDURE, 31 So. 3d 756 (Fla. 2010)

. . . . § 384.29, Fla. Stat. . . . results when provided by the Department of Health or the department’s authorized representative. § 384.29 . . . transmitted diseases and the identities of patients within the test results, which are exempt under section 384.29 . . .

OCALA STAR- BANNER, v. STATE Jr., 697 So. 2d 1317 (Fla. Dist. Ct. App. 1997)

. . . It is based on section 384.29, which provides for confidentiality of information and records concerning . . . Section 384.29, Florida Statutes (1995) provides: 384.29 Confidentiality.— (1)All information and records . . .

NEW JERSEY AUTOMOBILE CLUB v. THE UNITED STATES, 149 Ct. Cl. 344 (Ct. Cl. 1960)

. . . These deficiencies in tax plus interest of $387.35 for the year 1947; $182.44 for the year 1948 and $384.29 . . .