Senate Bill sb7090pb

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7090

    FOR CONSIDERATION By the Committee on Education





    581-1641-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         1004.445, F.S.; revising a public-records

  5         exemption for certain records relating to

  6         patients of the Johnnie B. Byrd, Sr.

  7         Alzheimer's Center and Research Institute;

  8         limiting the scope of the exemption; deleting

  9         provisions that provide for repeal of the

10         exemption under the Open Government Sunset

11         Review Act; providing an effective date.

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

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15         Section 1.  Subsection (9) of section 1004.445, Florida

16  Statutes, is amended to read:

17         1004.445  Johnnie B. Byrd, Sr., Alzheimer's Center and

18  Research Institute.--

19         (9)  The following information is confidential and

20  exempt from the provisions of s. 119.07(1) and s. 24, Art. I

21  of the State Constitution:

22         (a)  Personal identifying information relating to

23  clients of programs created or funded through the Johnnie B.

24  Byrd, Sr., Alzheimer's Center and Research Institute which is

25  held by the institute, University of South Florida, or State

26  Board of Education or by persons who provide services to

27  clients of programs created or funded through contracts with

28  the Johnnie B. Byrd, Sr., Alzheimer's Center and Research

29  Institute;

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7090
    581-1641-06




 1         (b)  Personal identifying information contained in any

 2  medical or health records relating to patients which may be

 3  created or received by the institute;

 4         (c)  Materials that relate to methods of manufacture or

 5  production, potential trade secrets, potentially patentable

 6  material, actual trade secrets as defined in s. 688.002, or

 7  proprietary information received, generated, ascertained, or

 8  discovered during the course of research conducted by or

 9  through the institute and business transactions resulting from

10  such research;

11         (d)  The identity of a donor or prospective donor to

12  the Johnnie B. Byrd, Sr., Alzheimer's Center and Research

13  Institute who wishes to remain anonymous, and all information

14  identifying such donor or prospective donor;

15         (e)  Any information received by the institute in the

16  performance of its duties and responsibilities which is

17  otherwise confidential and exempt by law; and

18         (f)  Any information received by the institute from a

19  person from another state or nation or the Federal Government

20  which is otherwise confidential or exempt pursuant to that

21  state's or nation's laws or pursuant to federal law.

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23  Any governmental entity that demonstrates a need to access

24  such confidential and exempt information in order to perform

25  its duties and responsibilities shall have access to such

26  information and shall otherwise keep such information

27  confidential and exempt. This section is subject to the Open

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

29  119.15 and shall stand repealed on October 2, 2006, unless

30  reviewed and saved from repeal through reenactment by the

31  Legislature.

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    Florida Senate - 2006   (PROPOSED COMMITTEE BILL)     SPB 7090
    581-1641-06




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

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 4                          SENATE SUMMARY

 5    Revises the exemption from public-records requirements
      provided for information contained in medical or health
 6    records of patients of the Johnnie B. Byrd, Sr.,
      Alzheimer's Center and Research Institute. Removes the
 7    repeal of the exemption scheduled to occur on October 2,
      2006, under the Open Government Sunset Review Act.
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