Senate Bill sb2066c1

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    Florida Senate - 2006                           CS for SB 2066

    By the Committees on Governmental Oversight and Productivity;
    and Education




    585-2339-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act regarding the

  4         Johnnie B. Byrd, Sr., Alzheimer's Center and

  5         Research Institute; amending s. 1004.445, F.S.,

  6         which provides an exemption from public-records

  7         requirements for personal identifying

  8         information relating to clients of programs

  9         created or funded through the Johnnie B. Byrd,

10         Sr., Alzheimer's Center and Research Institute

11         and held by the institute, the University of

12         South Florida, or the State Board of Education,

13         medical or health records relating to patients

14         held by the institute, materials that relate to

15         methods of manufacture or production, potential

16         trade secrets, potentially patentable material,

17         actual trade secrets, or proprietary

18         information received, generated, ascertained,

19         or discovered during the course of research

20         conducted by or through the institute and

21         business transactions resulting from such

22         research, personal identifying information of a

23         donor or prospective donor to the institute who

24         wishes to remain anonymous, and any information

25         received by the institute from a person from

26         another state or nation or the Federal

27         Government which is otherwise confidential or

28         exempt pursuant to the laws of that state or

29         nation or pursuant to federal law; narrowing

30         the exemption; making editorial changes;

31         removing superfluous provisions; removing the

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    Florida Senate - 2006                           CS for SB 2066
    585-2339-06




 1         scheduled repeal of the exemption; providing an

 2         effective date.

 3  

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

 5  

 6         Section 1.  Subsection (9) of section 1004.445, Florida

 7  Statutes, is amended to read:

 8         1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and

 9  Research Institute.--

10         (9)  The following information is confidential and

11  exempt from the provisions of s. 119.07(1) and s. 24, Art. I

12  of the State Constitution:

13         (a)  Personal identifying information relating to

14  clients of programs created or funded through the Johnnie B.

15  Byrd, Sr., Alzheimer's Center and Research Institute that

16  which is held by the institute, the University of South

17  Florida, or the State Board of Education or by persons who

18  provide services to clients of programs created or funded

19  through contracts with the Johnnie B. Byrd, Sr., Alzheimer's

20  Center and Research Institute;

21         (b)  Any Medical or health records relating to patients

22  held which may be created or received by the institute;

23         (c)  Materials that relate to methods of manufacture or

24  production, potential trade secrets, potentially patentable

25  material, actual trade secrets as defined in s. 688.002, or

26  proprietary information received, generated, ascertained, or

27  discovered during the course of research conducted by or

28  through the institute and business transactions resulting from

29  such research;

30         (d)  The personal identifying information identity of a

31  donor or prospective donor to the Johnnie B. Byrd, Sr.,

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    Florida Senate - 2006                           CS for SB 2066
    585-2339-06




 1  Alzheimer's Center and Research institute who wishes to remain

 2  anonymous, and all information identifying such donor or

 3  prospective donor; and

 4         (e)  Any information received by the institute in the

 5  performance of its duties and responsibilities which is

 6  otherwise confidential and exempt by law; and

 7         (f)  Any information received by the institute from a

 8  person from another state or nation or the Federal Government

 9  that which is otherwise confidential or exempt pursuant to the

10  laws of that state state's or nation nation's laws or pursuant

11  to federal law.

12  

13  Any governmental entity that demonstrates a need to access

14  such confidential and exempt information in order to perform

15  its duties and responsibilities shall have access to such

16  information and shall otherwise keep such information

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

18  Government Sunset Review Act of 1995 in accordance with s.

19  119.15 and shall stand repealed on October 2, 2006, unless

20  reviewed and saved from repeal through reenactment by the

21  Legislature.

22         Section 2.  This act shall take effect October 1, 2006.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 2066

26                                 

27  Clarifies and standardizes the exemption.

28  Removes language regarding custodial requirements as those
    statements unnecessarily repeat the general standard for
29  maintaining records that are confidential and exempt.

30  

31  

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