Florida Senate - 2011 CS for CS for SB 1456 By the Committees on Governmental Oversight and Accountability; and Children, Families, and Elder Affairs; and Senator Garcia 585-04608-11 20111456c2 1 A bill to be entitled 2 An act relating to public records; amending s. 3 408.910, F.S.; providing definitions; providing 4 exemptions from public-records requirements for 5 personal identifying information of an enrollee or 6 participant in the Florida Health Choices Program, 7 client and customer lists of buyers’ representatives 8 which are held by Florida Health Choices, Inc., and 9 proprietary confidential business information of 10 vendors which is held by Florida Health Choices, Inc.; 11 providing for disclosure of such confidential and 12 exempt information to certain persons and entities 13 upon written request; providing that the guardian of a 14 participant in the program is not prohibited from 15 obtaining certain information; providing a criminal 16 penalty; providing for future legislative review and 17 repeal of the exemptions; providing findings of public 18 necessity; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Subsection (14) is added to section 408.910, 23 Florida Statutes, to read: 24 408.910 Florida Health Choices Program.— 25 (14) EXEMPTIONS.— 26 (a) As used in this subsection, the term: 27 1. “Buyer’s representative” means a participating health 28 insurance agent as described in paragraph (4)(g). 29 2. “Enrollee” means an employer who is eligible to enroll 30 in the program pursuant to paragraph (4)(a). 31 3. “Participant” means an individual who is eligible to 32 participate in the program pursuant to paragraph (4)(b). 33 4. “Proprietary confidential business information” means 34 information, regardless of its form or characteristics, which 35 relates to business plans, internal auditing controls, reports 36 of internal auditors, reports of external auditors of privately 37 held companies, potentially patentable material, or trade 38 secrets as defined in s. 688.002, and such information: 39 a. Is owned or controlled by a vendor requesting 40 confidentiality under this subsection; 41 b. Is intended to be and is treated by the vendor as 42 private in that the disclosure of the information would cause 43 harm to the business operations of the vendor; and 44 c. Has not been disclosed unless disclosed pursuant to a 45 statutory provision, an order of a court or administrative body, 46 or a private agreement that provides that the information may be 47 released to the public. 48 5. “Vendor” means a participating insurer or other provider 49 of services as described in paragraph (4)(d). 50 (b)1. Personal identifying information of an enrollee or 51 participant who has applied for or participates in the Florida 52 Health Choices Program is confidential and exempt from s. 53 119.07(1) and s. 24(a), Art. I of the State Constitution. 54 2. Client and customer lists of a buyer’s representative 55 which are held by the corporation are confidential and exempt 56 from s. 119.07(1) and s. 24(a), Art. I of the State 57 Constitution. 58 3. Proprietary confidential business information of a 59 vendor which is held by the corporation is confidential and 60 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 61 Constitution. 62 (c) The public-record exemptions in paragraph (b) apply to 63 information held by the corporation before, on, or after October 64 1, 2011. 65 (d)1. Upon request, information made confidential and 66 exempt pursuant to this subsection shall be disclosed to: 67 a. Another governmental entity in the performance of its 68 official duties and responsibilities. 69 b. Any person who has the written consent of the program’s 70 applicant. 71 c. The Florida Kidcare program for the purpose of 72 administering the program authorized in ss. 409.810-409.821. 73 2. Paragraph (b) does not prohibit a participant’s legal 74 guardian from obtaining confirmation of coverage, dates of 75 coverage, the name of the participant’s health plan, and the 76 amount of premium being paid. 77 (e) A person who knowingly and willfully violates this 78 subsection commits a misdemeanor of the second degree, 79 punishable as provided in s. 775.082 or s. 775.083. 80 (f) This subsection is subject to the Open Government 81 Sunset Review Act in accordance with s. 119.15, and shall stand 82 repealed on October 2, 2016, unless reviewed and saved from 83 repeal through reenactment by the Legislature. 84 Section 2. (1) The Legislature finds that it is a public 85 necessity that any information identifying an enrollee or 86 participant in the Florida Health Choices Program, including 87 such information received during the application process, be 88 held confidential and exempt from public-records requirements. 89 The harm caused by releasing such personal and sensitive 90 information outweighs any public benefit from releasing it. If 91 such information is not held confidential, the administration of 92 the program could be significantly impaired because businesses 93 and individuals would be less inclined to apply, participate, or 94 enroll in the Florida Health Choices Program. This lack of 95 participation would significantly decrease the number of the 96 program’s participants or enrollees. Therefore, it is a public 97 necessity that any information identifying a participant or 98 enrollee in the Florida Health Choices Program, including such 99 information received during the application process, be held 100 confidential and exempt from public-records requirements. 101 (2) The Legislature finds that it is a public necessity 102 that proprietary confidential business information of a vendor 103 and the customer and client lists of a buyer’s representative be 104 made confidential and exempt from public-records requirements. 105 The disclosure of a vendor’s proprietary confidential business 106 information or a customer and client list of a buyer’s 107 representative could cause injury in the marketplace by 108 providing competitors with detailed insights into confidential 109 business information, strategies, methodologies, plans, or 110 client lists which would diminish the advantage that the vendor 111 or the buyer’s representative maintains over those that do not 112 possess such information. Without these exemptions, private 113 sector vendors or buyer’s representatives, whose business 114 records generally are not required to be open to the public, 115 might refrain from participating in the Florida Health Choices 116 Program and not offer affordable, quality health insurance, 117 health services, and benefits’ products through the program. The 118 harm to the vendors or the buyer’s representatives in the 119 marketplace and harm to the effective administration of the 120 Florida Health Choices Program caused by the public disclosure 121 of such information far outweighs the public benefits derived 122 from the release of the information. Therefore, it is a public 123 necessity that proprietary confidential business information of 124 the vendors and customer and client lists of the buyer’s 125 representatives be held confidential and exempt from public 126 records requirements. 127 Section 3. This act shall take effect October 1, 2011.