CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Boyd offered the following:

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13         Amendment (with title amendment) 

14         On page 1, line 22,

15

16  insert:

17         Section 1.  Paragraph (dd) is added to subsection (3)

18  of section 119.07, Florida Statutes, to read:

19         119.07  Inspection, examination, and duplication of

20  records; exemptions.--

21         (3)

22         (dd)  The home addresses and home telephone numbers of

23  nurses working in any type of correctional facility, including

24  any prison or jail, or in any forensic facility, as defined in

25  s. 916.106(8), which are held by the Department of Children

26  and Family Services, the Department of Health, and the Board

27  of Nursing, are exempt from the provisions of subsection (1)

28  and s. 24(a), Art. I of the State Constitution. This paragraph

29  is subject to the Open Government Sunset Review Act of 1995 in

30  accordance with s. 119.15 and shall stand repealed on October

31  2, 2005, unless reviewed and saved from repeal through

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No.     (for drafter's use only)





 1  reenactment by the Legislature.

 2         Section 2.  The Legislature finds that it is a public

 3  necessity that the home addresses and home telephone numbers

 4  of nurses who work in any type of correctional facility,

 5  including any prison or jail, or in any forensic facility, as

 6  defined in s. 916.106(8), which are held by the Department of

 7  Children and Family Services, the Department of Health, and

 8  the Board of Nursing, be held confidential and exempt from

 9  public records requirements because revealing such information

10  may pose an unnecessary risk to the safety and well-being of

11  such nurses in their own homes from inmates or clients of such

12  facilities who seek such information to stalk, intimidate,

13  harass, or otherwise threaten or harm such nurses. The

14  disclosure of such information may also deter nurses from

15  seeking to work in such facilities, which would be contrary to

16  the state's interest in ensuring the availability of nursing

17  services in such facilities.

18         Section 3.  Section 455.5656, Florida Statutes, is

19  amended to read:

20         455.5656  Practitioner's profiles; confidentiality.--

21         (1)  Any patient name or other information that

22  identifies a patient which is in a record obtained by the

23  Department of Health or its agent for the purpose of compiling

24  a practitioner profile is confidential and exempt from the

25  provisions of chapter 119 and s. 24(a), Art. I of the State

26  Constitution.  Other data received by the department or its

27  agent as a result of its duty to compile and promulgate

28  practitioner profiles are confidential and exempt from the

29  provisions of chapter 119 and s. 24(a), Art. I of the State

30  Constitution until the profile into which the data are

31  incorporated or with respect to which the data are submitted

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No.     (for drafter's use only)





 1  is made public. Any information or record that the Department

 2  of Health obtains from the Agency for Health Care

 3  Administration or any other governmental entity for the

 4  purpose of compiling a practitioner profile or substantiating

 5  other information or records submitted for that purpose and

 6  that was exempt from the provisions of chapter 119 and s.

 7  24(a), Art. I of the State Constitution does not lose that

 8  character by coming into the possession of the Department of

 9  Health, and such information or record continues to be exempt

10  from the provisions of chapter 119 and s. 24(a), Art. I of the

11  State Constitution.

12         (2)(a)  The provisions of subsection (1) with respect

13  to practitioners who are subject to profiling under s. 455.565

14  are This section is subject to the Open Government Sunset

15  Review Act of 1995 in accordance with s. 119.15 and shall

16  stand repealed on October 2, 2002, unless reviewed and saved

17  from repeal through reenactment by the Legislature.

18         (b)  The provisions of subsection (1) with respect to

19  practitioners who are subject to profiling under s. 455.56503

20  are subject to the Open Government Sunset Review Act of 1995

21  in accordance with s. 119.15 and shall stand repealed on

22  October 2, 2005, unless reviewed and saved from repeal through

23  reenactment by the Legislature.

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26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 2,after the semicolon

29

30  insert:

31         amending s. 119.07, F.S.; providing an

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2101

    Amendment No.     (for drafter's use only)





 1         exemption from public records requirements for

 2         certain information on nurses working in

 3         correctional or forensic facilities; amending

 4         s. 455.5656, F.S.; providing an exemption from

 5         public records requirements for information

 6         obtained for practitioner profiles of advanced

 7         registered nurse practitioners;

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    File original & 9 copies    04/26/00
    hbd0001                     10:25 am         02101-0010-251481