HB 7023

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding medical facility terrorism
4	response information; amending s. 381.95, F.S.;
5	reorganizing provisions, making editorial changes, and
6	removing superfluous language; removing the scheduled
7	repeal of the exemption under the Open Government Sunset
8	Review Act; providing an effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 381.95, Florida Statutes, is amended to
13	read:
14	381.95  Medical facility information maintained for
15	terrorism response purposes; confidentiality.--
16	(1)  Any information identifying or describing the name,
17	location, pharmaceutical cache, contents, capacity, equipment,
18	physical features, or capabilities of individual medical
19	facilities, storage facilities, or laboratories established,
20	maintained, or regulated by the Department of Health as part of
21	the state's plan to defend against an act of terrorism as
22	defined in s. 775.30 is exempt from the requirements of s.
23	119.07(1) and s. 24(a), Art. I of the State Constitution. The
24	certification by the Governor of the sufficiency of any
25	location, pharmaceutical cache, contents, capacity, equipment,
26	physical features, or capabilities of individual medical
27	facilities, storage facilities, or laboratories established,
28	maintained, or regulated by the Department of Health as part of
29	the state's plan to defend against an act of terrorism is a
30	public record. This exemption is remedial in nature, and it is
31	the intent of the Legislature that this exemption apply be
32	applied to information held received by the Department of Health
33	before, on, or after the effective date of this section.
34	(2)  Information made exempt by this section may be
35	disclosed by the custodial agency to another state or federal
36	agency in order to prevent, detect, guard against, respond to,
37	investigate, or manage the consequences of any attempted or
38	actual act of terrorism, or to prosecute those responsible for
39	such attempts or acts, and the exempt status of such information
40	shall be retained while in the possession of the receiving
41	agency. This section is subject to the Open Government Sunset
42	Review Act of 1995 in accordance with s. 119.15 and shall stand
43	repealed October 2, 2006, unless reviewed and saved from repeal
44	through reenactment by the Legislature.
45	(3)  The certification by the Governor of the sufficiency
46	of any location, pharmaceutical cache, contents, capacity,
47	equipment, physical features, or capabilities of individual
48	medical facilities, storage facilities, or laboratories
49	established, maintained, or regulated by the Department of
50	Health as part of the state's plan to defend against an act of
51	terrorism is a public record.
52	Section 2.  This act shall take effect October 1, 2006.

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