Senate Bill sb2066
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Florida Senate - 2006 SB 2066
By the Committee on Education
581-1641-06
1 A bill to be entitled
2 An act relating to a review under the Open
3 Government Sunset Review Act; amending s.
4 1004.445, F.S.; revising a public-records
5 exemption for certain records relating to
6 patients of the Johnnie B. Byrd, Sr.
7 Alzheimer's Center and Research Institute;
8 limiting the scope of the exemption; deleting
9 provisions that provide for repeal of the
10 exemption under the Open Government Sunset
11 Review Act; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Subsection (9) of section 1004.445, Florida
16 Statutes, is amended to read:
17 1004.445 Johnnie B. Byrd, Sr., Alzheimer's Center and
18 Research Institute.--
19 (9) The following information is confidential and
20 exempt from the provisions of s. 119.07(1) and s. 24, Art. I
21 of the State Constitution:
22 (a) Personal identifying information relating to
23 clients of programs created or funded through the Johnnie B.
24 Byrd, Sr., Alzheimer's Center and Research Institute which is
25 held by the institute, University of South Florida, or State
26 Board of Education or by persons who provide services to
27 clients of programs created or funded through contracts with
28 the Johnnie B. Byrd, Sr., Alzheimer's Center and Research
29 Institute;
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Florida Senate - 2006 SB 2066
581-1641-06
1 (b) Personal identifying information contained in any
2 medical or health records relating to patients which may be
3 created or received by the institute;
4 (c) Materials that relate to methods of manufacture or
5 production, potential trade secrets, potentially patentable
6 material, actual trade secrets as defined in s. 688.002, or
7 proprietary information received, generated, ascertained, or
8 discovered during the course of research conducted by or
9 through the institute and business transactions resulting from
10 such research;
11 (d) The identity of a donor or prospective donor to
12 the Johnnie B. Byrd, Sr., Alzheimer's Center and Research
13 Institute who wishes to remain anonymous, and all information
14 identifying such donor or prospective donor;
15 (e) Any information received by the institute in the
16 performance of its duties and responsibilities which is
17 otherwise confidential and exempt by law; and
18 (f) Any information received by the institute from a
19 person from another state or nation or the Federal Government
20 which is otherwise confidential or exempt pursuant to that
21 state's or nation's laws or pursuant to federal law.
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23 Any governmental entity that demonstrates a need to access
24 such confidential and exempt information in order to perform
25 its duties and responsibilities shall have access to such
26 information and shall otherwise keep such information
27 confidential and exempt. This section is subject to the Open
28 Government Sunset Review Act of 1995 in accordance with s.
29 119.15 and shall stand repealed on October 2, 2006, unless
30 reviewed and saved from repeal through reenactment by the
31 Legislature.
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Florida Senate - 2006 SB 2066
581-1641-06
1 Section 2. This act shall take effect October 1, 2006.
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4 SENATE SUMMARY
5 Revises the exemption from public-records requirements
provided for information contained in medical or health
6 records of patients of the Johnnie B. Byrd, Sr.,
Alzheimer's Center and Research Institute. Removes the
7 repeal of the exemption scheduled to occur on October 2,
2006, under the Open Government Sunset Review Act.
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