HB 7063

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding the Johnnie B. Byrd, Sr.,
4	Alzheimer's Center and Research Institute; amending s.
5	1004.445, F.S., which provides an exemption from public
6	records requirements for personal identifying information
7	relating to clients of programs created or funded through
8	the Johnnie B. Byrd, Sr., Alzheimer's Center and Research
9	Institute and held by the institute, the University of
10	South Florida, or the State Board of Education, medical or
11	health records relating to patients held by the institute,
12	materials that relate to methods of manufacture or
13	production, potential trade secrets, potentially
14	patentable material, actual trade secrets, or proprietary
15	information received, generated, ascertained, or
16	discovered during the course of research conducted by or
17	through the institute and business transactions resulting
18	from such research, personal identifying information of a
19	donor or prospective donor to the institute who wishes to
20	remain anonymous, and any information received by the
21	institute from a person from another state or nation or
22	the Federal Government that is otherwise confidential or
23	exempt pursuant to the laws of that state or nation or
24	pursuant to federal law; narrowing the exemption; making
25	editorial changes; removing superfluous language; removing
26	the scheduled repeal of the exemption; providing an
27	effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Subsection (9) of section 1004.445, Florida
32	Statutes, is amended to read:
33	1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and
34	Research Institute.--
35	(9)  The following information is confidential and exempt
36	from the provisions of s. 119.07(1) and s. 24, Art. I of the
37	State Constitution:
38	(a)  Personal identifying information relating to clients
39	of programs created or funded through the Johnnie B. Byrd, Sr.,
40	Alzheimer's Center and Research Institute that which is held by
41	the institute, the University of South Florida, or the State
42	Board of Education or by persons who provide services to clients
43	of programs created or funded through contracts with the Johnnie
44	B. Byrd, Sr., Alzheimer's Center and Research Institute;
45	(b)  Any Medical or health records relating to patients
46	held which may be created or received by the institute;
47	(c)  Materials that relate to methods of manufacture or
48	production, potential trade secrets, potentially patentable
49	material, actual trade secrets as defined in s. 688.002, or
50	proprietary information received, generated, ascertained, or
51	discovered during the course of research conducted by or through
52	the institute and business transactions resulting from such
53	research;
54	(d)  The personal identifying information identity of a
55	donor or prospective donor to the Johnnie B. Byrd, Sr.,
56	Alzheimer's Center and Research institute who wishes to remain
57	anonymous, and all information identifying such donor or
58	prospective donor; and
59	(e)  Any information received by the institute in the
60	performance of its duties and responsibilities which is
61	otherwise confidential and exempt by law; and
62	(f)  Any information received by the institute from a
63	person from another state or nation or the Federal Government
64	that which is otherwise confidential or exempt pursuant to the
65	laws of that state state's or nation nation's laws or pursuant
66	to federal law.
67
68	Any governmental entity that demonstrates a need to access such
69	confidential and exempt information in order to perform its
70	duties and responsibilities shall have access to such
71	information and shall otherwise keep such information
72	confidential and exempt. This section is subject to the Open
73	Government Sunset Review Act of 1995 in accordance with s.
74	119.15 and shall stand repealed on October 2, 2006, unless
75	reviewed and saved from repeal through reenactment by the
76	Legislature.
77	Section 2.  This act shall take effect October 1, 2006.

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