Senate Bill sb1848

    Florida Senate - 2001                                  SB 1848

    By Senator Brown-Waite





    10-1451A-01

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from the public records law for

  4         information that identifies the claimant or

  5         case number in certain proceedings involving a

  6         nursing home or assisted living facility and

  7         that is provided to the Agency for Health Care

  8         Administration as required by law; providing a

  9         finding of public necessity; providing a

10         contingent effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Any portion of a document identifying the

15  claimant or case number of a claim or civil action that

16  results in a final judgment, arbitration decision, order,

17  mediation agreement, or settlement that involves a nursing

18  home or assisted living facility and that is provided to the

19  Agency for Health Care Administration as required under

20  section 400.023(12) or section 400.429(12), Florida Statutes,

21  is confidential and exempt from section 119.07(1), Florida

22  Statutes, and Section 24(a) of Article I of the State

23  Constitution. This exemption is subject to the Open Government

24  Sunset Review Act of 1995 in accordance with section 119.15,

25  Florida Statutes, and shall stand repealed on October 2, 2006,

26  unless reviewed and saved from repeal through reenactment by

27  the Legislature.

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

29  necessity to protect the identity of those persons who may

30  have received compensation pursuant to arbitration, mediation,

31  or litigation involving a nursing home or assisted living

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






    Florida Senate - 2001                                  SB 1848
    10-1451A-01




  1  facility. The Legislature finds that it is not in the best

  2  interest of potentially vulnerable individuals for such

  3  information to be readily available to those who might use the

  4  information to take advantage of or prey upon such

  5  individuals. Accordingly, the Legislature finds that the harm

  6  to the public which would result from the release of such

  7  information substantially outweighs any minimal public benefit

  8  derived therefrom.

  9         Section 3.  This act shall take effect on the date

10  Senate Bill 1202, relating to long-term care, or similar

11  legislation becomes a law, and shall not take effect if such

12  legislation does not become a law.

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15                          SENATE SUMMARY

16    Exempts from the public records law certain information
      that identifies the claimant or case number in
17    proceedings involving nursing homes or assisted living
      facilities. Provides a finding of public necessity.
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CODING: Words stricken are deletions; words underlined are additions.