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The Florida Senate

2004 Florida Statutes

SECTION 95
Medical facility information maintained for terrorism response purposes; confidentiality.
Section 381.95, Florida Statutes 2004

381.95  Medical facility information maintained for terrorism response purposes; confidentiality.--Any information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism as defined in s. 775.30 is exempt from the requirements of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The certification by the Governor of the sufficiency of any location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism is a public record. This exemption is remedial in nature, and it is the intent of the Legislature that this exemption be applied to information received by the Department of Health before, on, or after the effective date of this section. Information made exempt by this section may be disclosed by the custodial agency to another state or federal agency in order to prevent, detect, guard against, respond to, investigate, or manage the consequences of any attempted or actual act of terrorism, or to prosecute those responsible for such attempts or acts, and the exempt status of such information shall be retained while in the possession of the receiving agency. This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 2001-363.