Florida Senate - 2008 SB 1390

By Senator Saunders

37-03225-08 20081390__

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A bill to be entitled

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An act relating to public records; amending s. 893.1497,

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F.S.; providing an exemption from public-records

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requirements for information concerning the retail sale of

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ephedrine and related compounds stored in the written or

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electronic logbook of a retail distributor or in the

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centralized real-time electronic logbook maintained by the

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Department of Law Enforcement; providing for future

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legislative review and repeal of the exemption under the

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Open Government Sunset Review Act; providing a statement

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of public necessity; providing a contingent effective

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date.

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

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     Section 1.  Subsection (10) is added to section 893.1497,

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Florida Statutes, as created by SB _______, to read:

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     893.1497 Real-time electronic logbook; sales records;

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purchaser's proof of identity and age.--

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     (10)(a) Information entered into the written or electronic

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logbook of a retail distributor or into the centralized real-time

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electronic logbook maintained by the Department of Law

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Enforcement shall remain confidential and exempt from the

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provisions of s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution except as authorized by law.

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     (b) This subsection is subject to the Open Government

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Sunset Review Act in accordance with s. 119.15, and shall stand

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repealed on October 2, 2013, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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     Section 2. The Legislature finds a public necessity in

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protecting the information stored in the written or electronic

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logbook of a retail distributor or in the centralized real-time

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electronic logbook maintained by the Department of Law

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Enforcement concerning the sale of ephedrine and related

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compounds. The information consists of the transaction records of

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persons purchasing at retail ephedrine and related compounds. The

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records specify the drug purchased, its quantity, its intended

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use, and other personal information concerning the purchaser. To

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reveal this information would imperil the privacy of individuals

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who are legitimately purchasing drugs for medical purposes.

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     Section 3. This act shall take effect July 1, 2008, if

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Senate Bill ___, or similar legislation creating the real-time

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electronic logbook for the Department of Law Enforcement, is

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adopted in the same legislative session or an extension thereof

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and becomes law.

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