House Bill hb0043Ee2

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                                     HB 43-E, Second Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to the confidentiality of

  3         certain information held by the Florida

  4         Alzheimer's Center and Research Institute and

  5         others, creating an exemption from the public

  6         records provisions of the Florida Constitution

  7         and Florida law for certain information

  8         relating to clients and patients and donors as

  9         well as medical and health records, and certain

10         proprietary and trade secret information;

11         providing a statement of public necessity for

12         such exemptions; providing for future repeal;

13         providing a contingent effective date.

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

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17         Section 1.  The following information is confidential

18  and exempt from the provisions of s. 119.07(1), Florida

19  Statutes, and s. 24, Article I, of the State Constitution:

20         1.  Identifying information regarding clients of

21  programs created or funded through the Florida Alzheimer's

22  Center and Research Institute which is held by the Institute,

23  University of South Florida, State Board of Education or by

24  persons who provide services to clients of programs created or

25  funded through contracts with the Florida Alzheimer's Center

26  and Research Institute;

27         2.  Any medical or health records regarding patients

28  that may be created or received by the Institute;

29         3.  Materials that relate to methods of manufacture or

30  production, potential trade secrets, potentially patentable

31  material, actual trade secrets as defined in s. 688.02,


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                                     HB 43-E, Second Engrossed/ntc



  1  Florida Statutes, business transactions, or proprietary

  2  information received, generated, ascertained, or discovered

  3  during the course of research conducted by or through the

  4  Institute;

  5         4.  The identity of a donor or prospective donor to the

  6  Florida Alzheimer's Center and Research Institute who desires

  7  to remain anonymous and all information identifying such donor

  8  or prospective donor;

  9         5.  Any information received by the Institute in the

10  performance of its duties and responsibilities which is

11  otherwise confidential and exempt by law; and

12         6.  Any information received by the Institute from a

13  person from another state or nation or the federal government

14  which is otherwise confidential or exempt pursuant to that

15  state's or nation's laws or pursuant to federal law.

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17  Any governmental entity that demonstrates a need to access

18  such confidential and exempt information in order to perform

19  its duties and responsibilities shall have access to such

20  information and shall otherwise keep such information

21  confidential and exempt. This section is subject to the Open

22  Government Sunset Review Act of 1995 in accordance with

23  section 119.15, Florida Statutes, and shall stand repealed on

24  October 2, 2006, unless reviewed and saved from repeal through

25  reenactment by the Legislature.

26         Section 2.  The Legislature finds that is a public

27  necessity that personal, medical, or health information about

28  clients or patients that is created or received by the Florida

29  Alzheimer's Center and Research Institute be made confidential

30  and exempt from public disclosure because access to such

31  personal, medical, or health information about clients or


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                                     HB 43-E, Second Engrossed/ntc



  1  patients of the Florida Alzheimer's Center and Research

  2  Institute would be an unwarranted invasion of a client's or

  3  patient's right to privacy and that the misuse of such

  4  sensitive personal, medical, or health information could be

  5  detrimental to the health, safety, or welfare of the client or

  6  patient.  The Legislature finds that it is a public necessity

  7  that information regarding materials that relate to methods of

  8  manufacture or production, potential trade secrets, potential

  9  patentable material, actual trade secrets, business

10  transactions, or proprietary information received, generated,

11  ascertained, or discovered during the course of research

12  conducted through the Florida Alzheimer's Center and Research

13  Institute be made confidential and exempt from public

14  disclosure because the disclosure of such information would

15  impede the effective and efficient operation of the Florida

16  Alzheimer's Center and Research Institute and would create an

17  unfair competitive advantage for persons or entities receiving

18  such information.  The Legislature further finds that it is a

19  public necessity that information regarding donors or

20  prospective donors to the Florida Alzheimer's Center and

21  Research Institute who wish to remain anonymous remain

22  confidential and exempt from public disclosure because the

23  disclosure of such information would have a chilling effect on

24  the efforts of the Florida Alzheimer's Center and Research

25  Institute to solicit such donations as the donors or

26  prospective donors would be publicly identified against their

27  wishes.  Any information shared with the Institute by others

28  not subject to this state's laws which is otherwise

29  confidential or exempt must also not be disclosed because to

30  do otherwise would discourage others from sharing needed

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                                     HB 43-E, Second Engrossed/ntc



  1  information with the Institute which would impede the

  2  effective and efficient performance of the Institute.

  3         Section 3.  This act shall take effect July 1, 2002, if

  4  SB 20-E or similar legislation is adopted in the same

  5  legislative session or an extension thereof and becomes law.

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