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





                                                   HOUSE AMENDMENT

    hbd-08                                     Bill No. CS/HB 3605

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Fasano offered the following:

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13         Amendment (with title amendment) 

14         On page 4, line 4, through page 5, line 31,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         (7)  A public hospital may not approve a binding

19  agreement to sell, lease, merge, or consolidate the hospital

20  at any closed meeting of the board. Any such approval must be

21  made at a meeting open to the public and noticed in accordance

22  with s. 286.011.

23         (8)  If the governing board of the entity that owns the

24  hospital or other health care facility closes a portion of any

25  board meeting pursuant to subsection (4) of this section,

26  then, prior to placing the strategic plan or any discrete

27  component of the strategic plan into operations, the governing

28  board must notice and conduct a meeting in accordance with s.

29  286.011. The notice of such meeting shall be given not less

30  than 15 days in advance of the meeting and shall specify that

31  the implementation of all or a part of a strategic plan will

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    File original & 9 copies    04/13/98
    hbd0005                     09:35 am         03605-0045-355477




                                                   HOUSE AMENDMENT

    hbd-08                                     Bill No. CS/HB 3605

    Amendment No.     (for drafter's use only)





 1  be discussed at the meeting. The written materials which are

 2  furnished to the board in preparation for the noticed meeting

 3  which describe or support the proposed actions of the board

 4  will be furnished to any member of the public, upon request,

 5  at least 7 days prior to the meeting.

 6         Section 2.  (1)  The Legislature finds that it is a

 7  public necessity that portions of a public hospital's

 8  governing board meetings be closed when strategic plans that

 9  are exempt from the Public Records Law are discussed. If such

10  meetings are not closed, information contained in confidential

11  strategic plans would be revealed. The disclosure of any such

12  confidential plans would make it exceptionally difficult, if

13  not impossible, for a public hospital to effectively compete

14  in the marketplace against private hospitals, whose records

15  and meetings are not required to be open to the public.

16         (2)  It is also a public necessity that any records

17  generated at closed public hospital board meetings, such as

18  tape recordings, notes, and minutes, memorializing the

19  discussions regarding such confidential strategic plans,

20  including marketing plans, also be held confidential for a

21  limited time as provided; otherwise, confidential proprietary

22  and trade secret information would become public and impair a

23  public hospital's ability to effectively and efficiently

24  compete in the marketplace.

25         (3)  The necessity for the strategic planning exemption

26  from public records and public meeting laws is critical to the

27  survival of Florida's public hospital delivery system, which

28  is often the last safety net for our less advantaged citizens

29  and visitors. Disclosure of information contained in a

30  strategic plan, as defined in this act, would place a public

31  hospital at a competitive disadvantage with respect to its

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    File original & 9 copies    04/13/98
    hbd0005                     09:35 am         03605-0045-355477




                                                   HOUSE AMENDMENT

    hbd-08                                     Bill No. CS/HB 3605

    Amendment No.     (for drafter's use only)





 1  privately owned competitors and could allow those competitors

 2  to disrupt the implementation of any strategic plan or

 3  marketing plan.

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 6  ================ T I T L E   A M E N D M E N T ===============

 7  And the title is amended as follows:

 8         On page 1, line 10, after the semicolon

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10  insert:

11         prohibiting public hospitals from taking

12         certain specified actions at closed meetings;

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    File original & 9 copies    04/13/98
    hbd0005                     09:35 am         03605-0045-355477