Senate Bill sb0698c1
CODING: Words stricken are deletions; words underlined are additions.
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.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
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
1
CODING: Words stricken are deletions; words underlined are additions.
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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 698
585-2079-06
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 SB 698
3
4 Reorganizes the exemption for clarity.
5 Removes unnecessary language related to custodial
requirements.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.