Florida HB 1309: Fraudulently Obtaining or Retaining Personal Property or Equipment

Bill Text

HB 1309 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1309-00
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A bill to be entitled 1
An act relating to patient access to records; amending 2
s. 394.4615, F.S.; requiring a service provider to 3
furnish and provide access to records within a 4
specified timeframe after receiving a request for such 5
records; requiring that certain service providers 6
furnish such records in the manner chosen by the 7
requester; amending s. 395.3025, F.S.; removing 8
provisions requiring a licensed facility to furnish 9
patient records only after discharge to conform to 10
changes made by the act; revising provisions relating 11
to the appropriate disclosure of patient records 12
without consent; amending s. 397.501, F.S.; requiring 13
a service provider to furnish and provide access to 14
records within a specified timeframe after receiving a 15
request from an individual or the individual's legal 16
representative; requiring that certain service 17
providers furnish such records in the manner chosen by 18
the requester; amending s. 400.145, F.S.; revising the 19
timeframe within which a nursing home facility must 20
provide access to and copies of resident records after 21
receiving a request for such records; creating s. 22
408.833, F.S.; defining the term "legal 23
representative"; requiring a provider to furnish and 24
provide access to records within a specified timeframe 25

HB 1309 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1309-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

after receiving a request from a client or the 26
client's legal representative; requiring that certain 27
providers furnish such records in the manner chosen by 28
the requester; authorizing a provider to impose 29
reasonable terms necessary to preserve such records; 30
providing exceptions; amending s. 456.057, F.S.; 31
requiring certain licensed health care practitioners 32
to furnish and provide access to copies of reports and 33
records within a specified timeframe after receiving a 34
request from a patient or the patient's legal 35
representative; requiring that certain licensed health 36
care practitioners furnish such reports and records in 37
the manner chosen by the requester; defining the term 38
"legal representative"; authorizing such licensed 39
health care practitioners to impose reasonable terms 40
necessary to preserve such reports and records; 41
amending ss. 316.1932, 316.1933, 395.4025, 429.294, 42
440.185, and 456.47, F.S.; conforming cross-43
references; providing an effective date. 44
45
Be It Enacted by the Legislature of the State of Florida: 46
47
Section 1. Subsections (3) through (12) of section 48
394.4615, Florida Statutes, are renumbered as subsections (4) 49
through (13), respectively, and a new subsection (3) is added to 50

HB 1309 2026

CODING: Words stricken are deletions; words underlined are additions.
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that section, to read: 51
394.4615 Clinical records; confidentiality.— 52
(3) Within 14 working days after receiving a request made 53
in accordance with paragraphs (2)(a)-(c), a service provider 54
must furnish clinical records in its possession. A service 55
provider may furnish the requested records in paper form or, 56
upon request, in an electronic format. A service provider who 57
maintains an electronic health record system shall furnish the 58
requested records in the manner chosen by the requester, 59
including, but not limited to, an electronic format, submission 60
through a patient's electronic personal health record, or access 61
through a web-based patient portal if the service provider 62
maintains a patient portal. 63
Section 2. Subsections (4) through (11) of section 64
395.3025, Florida Statutes, are renumbered as subsections (2) 65
through (9), respectively, and subsections (1), (2), and (3), 66
paragraph (e) of present subsection (4), paragraph (a) of 67
present subsection (7), and present subsection (8) of that 68
section, are amended to read: 69
395.3025 Patient and personnel records; copy costs copies; 70
examination.— 71
(1) Any licensed facility shall, upon written request, and 72
only after discharge of the patient, furnish, in a timely 73
manner, without delays for legal review, to any person admitted 74
therein for care and treatment or treated thereat, or to any 75

HB 1309 2026

CODING: Words stricken are deletions; words underlined are additions.
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such person's guardian, curator, or personal representative, or 76
in the absence of one of those persons, to the next of kin of a 77
decedent or the parent of a minor, or to anyone designated by 78
such person in writing, a true and correct copy of all patient 79
records, including X rays, and insurance informa