Senate Bill sb2066c1
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
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.,
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.