Senate Bill sb0698c1

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    Florida Senate - 2006                            CS for SB 698

    By the Committees on Governmental Oversight and Productivity;
    and Domestic Security




    585-2079-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         381.95, F.S., relating to an exemption from

  5         public-records requirements provided for

  6         information concerning medical facilities and

  7         laboratories which is maintained by the

  8         Department of Health as part of the state's

  9         plan to defend against terrorism; reorganizing

10         provisions, making editorial changes, and

11         removing superfluous provisions; saving the

12         exemption from repeal under the Open Government

13         Sunset Review Act; deleting provisions

14         providing for the repeal of the exemption;

15         providing an effective date.

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

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19         Section 1.  Section 381.95, Florida Statutes, is

20  amended to read:

21         381.95  Medical facility information maintained for

22  terrorism response purposes; confidentiality.--

23         (1)  Any information identifying or describing the

24  name, location, pharmaceutical cache, contents, capacity,

25  equipment, physical features, or capabilities of individual

26  medical facilities, storage facilities, or laboratories

27  established, maintained, or regulated by the Department of

28  Health as part of the state's plan to defend against an act of

29  terrorism as defined in s. 775.30 is exempt from the

30  requirements of s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution. The certification by the Governor of the

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    Florida Senate - 2006                            CS for SB 698
    585-2079-06




 1  sufficiency of any location, pharmaceutical cache, contents,

 2  capacity, equipment, physical features, or capabilities of

 3  individual medical facilities, storage facilities, or

 4  laboratories established, maintained, or regulated by the

 5  Department of Health as part of the state's plan to defend

 6  against an act of terrorism is a public record. This exemption

 7  is remedial in nature, and it is the intent of the Legislature

 8  that this exemption apply be applied to information held

 9  received by the Department of Health before, on, or after the

10  effective date of this section.

11         (2)  Information made exempt by this section may be

12  disclosed by the custodial agency to another state or federal

13  agency in order to prevent, detect, guard against, respond to,

14  investigate, or manage the consequences of any attempted or

15  actual act of terrorism, or to prosecute those responsible for

16  such attempts or acts, and the exempt status of such

17  information shall be retained while in the possession of the

18  receiving agency. This section is subject to the Open

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

20  119.15 and shall stand repealed October 2, 2006, unless

21  reviewed and saved from repeal through reenactment by the

22  Legislature.

23         (3)  The certification by the Governor of the

24  sufficiency of any location, pharmaceutical cache, contents,

25  capacity, equipment, physical features, or capabilities of

26  individual medical facilities, storage facilities, or

27  laboratories established, maintained, or regulated by the

28  Department of Health as part of the state's plan to defend

29  against an act of terrorism is a public record.

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

31  

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    Florida Senate - 2006                            CS for SB 698
    585-2079-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                              SB 698

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 4  Reorganizes the exemption for clarity.

 5  Removes unnecessary language related to custodial
    requirements.
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