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





                                                   HOUSE AMENDMENT

    hbd-21                                     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:

12

13         Amendment (with directory language and title

14  amendments) 

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

16  remove from the bill:  all of said lines

17

18  and insert in lieu thereof:

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

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

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

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

23  with s. 286.011.

24         (8)  The governing board of a public hospital, in

25  developing a strategic plan that may result in a substantial

26  reduction or termination of a health service, may conduct

27  studies and engage in other fact-finding activities and may

28  discuss such studies and fact-finding reports, as provided in

29  subsection (4). However, prior to the governing board adopting

30  any proposal that would result in the termination or a

31  substantial reduction of a health service that is not

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    File original & 9 copies    04/20/98
    hbd0011                     03:33 pm         03605-0045-732307




                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3605

    Amendment No.     (for drafter's use only)





 1  available from any other provider within 30-minutes driving

 2  time, the governing board must present all proposals under

 3  consideration relating to the health service to the public at

 4  a public meeting noticed and conducted in accordance with

 5  chapter 286. The public may comment on all proposed

 6  alternatives. The governing board may not adopt any proposal

 7  other than a proposal or any combination of proposals

 8  presented to the public as required under this subsection.

 9         (9)  If the governing board of the entity that owns the

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

11  board meeting pursuant to subsection (4), then, prior to

12  placing the strategic plan or any discrete component of the

13  strategic plan into operations, the governing board must

14  notice and conduct a meeting in accordance with s. 286.011.

15  The notice of such meeting shall be given not less than 15

16  days in advance of the meeting and shall specify that the

17  implementation of all or a part of a strategic plan will be

18  discussed at the meeting. The written materials which are

19  furnished to the board in preparation for the noticed meeting

20  which describe or support the proposed actions of the board

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

22  at least 7 days prior to the meeting.

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

24  public necessity that portions of a public hospital's

25  governing board meetings be closed when strategic plans that

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

27  meetings are not closed, information contained in confidential

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

29  confidential plans would make it exceptionally difficult, if

30  not impossible, for a public hospital to effectively compete

31  in the marketplace against private hospitals, whose records

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    File original & 9 copies    04/20/98
    hbd0011                     03:33 pm         03605-0045-732307




                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3605

    Amendment No.     (for drafter's use only)





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

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

 3  generated at closed public hospital board meetings, such as

 4  tape recordings, notes, and minutes, memorializing the

 5  discussions regarding such confidential strategic plans,

 6  including marketing plans, also be held confidential for a

 7  limited time as provided; otherwise, confidential proprietary

 8  and trade secret information would become public and impair a

 9  public hospital's ability to effectively and efficiently

10  compete in the marketplace.

11         (3)  The necessity for the strategic planning exemption

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

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

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

15  and visitors. Disclosure of information contained in a

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

17  hospital at a competitive disadvantage with respect to its

18  privately owned competitors and could allow those competitors

19  to disrupt the implementation of any strategic plan or

20  marketing plan.

21

22

23  == D I R E C T O R Y   L A N G U A G E   A M E N D M E N T ==

24  And the directory language is amended as follows:

25         On page 1, line 22,

26  remove:  all of said line

27

28  and insert in lieu thereof:  subsection (10), and new

29  subsections (6), (7), (8), and (9) are added to

30

31

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    File original & 9 copies    04/20/98
    hbd0011                     03:33 pm         03605-0045-732307




                                                   HOUSE AMENDMENT

    hbd-21                                     Bill No. CS/HB 3605

    Amendment No.     (for drafter's use only)





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

 2  And the title is amended as follows:

 3         On page 1, line 10, after the semicolon,

 4

 5  insert:

 6         prohibiting public hospitals from taking

 7         certain specified actions at closed meetings;

 8         authorizing the governing board of a public

 9         hospital to study issues relating to reduction

10         or termination of a health service; requiring a

11         public meeting for presentation of proposals;

12         providing for public comment; restricting

13         governing board adoption to proposals

14         presented;

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    File original & 9 copies    04/20/98
    hbd0011                     03:33 pm         03605-0045-732307