Florida Senate - 2016                             CS for SB 7024
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Health Policy
       
       585-01985-16                                          20167024c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 381.8531, F.S., which
    4         provides an exemption from public records requirements
    5         for information held by the Florida Center for Brain
    6         Tumor Research; removing the scheduled repeal of the
    7         exemption; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 381.8531, Florida Statutes, is amended
   12  to read:
   13         381.8531 Florida Center for Brain Tumor Research; public
   14  records exemption.—
   15         (1) The following information held by the Florida Center
   16  for Brain Tumor Research before, on, or after July 1, 2011, is
   17  confidential and exempt from s. 119.07(1) and s. 24(a) s. 24,
   18  Art. I of the State Constitution:
   19         (a) Personal identifying information of a donor to the
   20  central repository for brain tumor biopsies or the brain tumor
   21  registry.
   22         (b) Any information received from an individual from
   23  another state or nation or the Federal Government that is
   24  otherwise confidential or exempt pursuant to the laws of that
   25  state or nation or pursuant to federal law.
   26         (2) Such information may be disclosed to a person engaged
   27  in bona fide research if that person agrees to:
   28         (a) Submit to the Florida Center for Brain Tumor Research a
   29  research plan that has been approved by an institutional review
   30  board and that specifies the exact nature of the information
   31  requested, the intended use of the information, and the reason
   32  that the research could not practicably be conducted without the
   33  information;
   34         (b) Sign a confidentiality agreement with the Florida
   35  Center for Brain Tumor Research;
   36         (c) Maintain the confidentiality of the information
   37  received; and
   38         (d) To the extent permitted by law and after the research
   39  has concluded, destroy any confidential information obtained.
   40         (3) This section is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2016, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. This act shall take effect July 1, 2016.