Senate Bill sb7016pb

    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7016

    FOR CONSIDERATION By the Committee on Domestic Security





    583-553-06

  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; saving the

10         exemption from repeal under the Open Government

11         Sunset Review Act; deleting provisions

12         providing for the repeal of the exemption;

13         providing an effective date.

14  

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

16  

17         Section 1.  Section 381.95, Florida Statutes, is

18  amended to read:

19         381.95  Medical facility information maintained for

20  terrorism response purposes; confidentiality.--Any information

21  identifying or describing the name, location, pharmaceutical

22  cache, contents, capacity, equipment, physical features, or

23  capabilities of individual medical facilities, storage

24  facilities, or laboratories established, maintained, or

25  regulated by the Department of Health as part of the state's

26  plan to defend against an act of terrorism as defined in s.

27  775.30 is exempt from the requirements of s. 119.07(1) and s.

28  24(a), Art. I of the State Constitution. The certification by

29  the Governor of the sufficiency of any location,

30  pharmaceutical cache, contents, capacity, equipment, physical

31  features, or capabilities of individual medical facilities,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7016
    583-553-06




 1  storage facilities, or laboratories established, maintained,

 2  or regulated by the Department of Health as part of the

 3  state's plan to defend against an act of terrorism is a public

 4  record. This exemption is remedial in nature, and it is the

 5  intent of the Legislature that this exemption be applied to

 6  information received by the Department of Health before, on,

 7  or after the effective date of this section. Information made

 8  exempt by this section may be disclosed by the custodial

 9  agency to another state or federal agency in order to prevent,

10  detect, guard against, respond to, investigate, or manage the

11  consequences of any attempted or actual act of terrorism, or

12  to prosecute those responsible for such attempts or acts, and

13  the exempt status of such information shall be retained while

14  in the possession of the receiving agency. This section is

15  subject to the Open Government Sunset Review Act of 1995 in

16  accordance with s. 119.15 and shall stand repealed October 2,

17  2006, unless reviewed and saved from repeal through

18  reenactment by the Legislature.

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

20  

21            *****************************************

22                          SENATE SUMMARY

23    Removes the repeal under the Open Government Sunset
      Review Act of an exemption from public-records
24    requirements provided for information concerning medical
      facilities and laboratories which is maintained by the
25    Department of Health as part of the state's plan to
      defend against terrorism.
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28  

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CODING: Words stricken are deletions; words underlined are additions.