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





                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    

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11  Senator Carlton moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (b) of subsection (2) and

18  subsection (4) of section 395.3035, Florida Statutes, are

19  amended, present subsection (6) is renumbered as subsection

20  (9), and new subsections (6), (7), and (8) are added to that

21  section, to read:

22         395.3035  Confidentiality of public hospital records

23  and meetings.--

24         (2)  The following public hospital records and

25  information of any hospital that is subject to chapter 119 and

26  s. 24(a), Art. I of the State Constitution are confidential

27  and exempt from the provisions of s. 119.07(1) and s. 24(a),

28  Art. I of the State Constitution:

29         (b)  A public hospital's strategic plan the disclosure

30  of which would be reasonably likely to be used by a competitor

31  to frustrate, circumvent, or exploit the purpose of the plan

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                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    





 1  before it is implemented and which is not otherwise known or

 2  cannot otherwise be legally obtained by the competitor plans,

 3  including plans for marketing its services, which services are

 4  or may reasonably be expected by the hospital's governing

 5  board to be provided by competitors of the hospital. However,

 6  documents that are submitted to the hospital's governing board

 7  as part of the board's approval of the hospital's budget, and

 8  the budget itself, are not confidential and exempt.

 9         (4)(a)  Those portions of a board meeting at which one

10  or more the written strategic plans that are confidential

11  pursuant to subsection (2), including written plans for

12  marketing its services, are discussed, or reported on,

13  modified, or approved by the governing board are exempt from

14  the provisions of s. 286.011 and s. 24(b), Art. I of the State

15  Constitution. This paragraph is subject to the Open Government

16  Sunset Review Act of 1995 in accordance with s. 119.15 and

17  shall stand repealed on October 2, 2004, unless reviewed and

18  saved from repeal through reenactment by the Legislature.

19         (b)  All portions of any board meeting which are closed

20  to the public pursuant to this subsection shall be recorded by

21  a certified court reporter.  The reporter shall record the

22  times of commencement and termination of the meeting, all

23  discussion and proceedings, the names of all persons present

24  at any time, and the names of all persons speaking. No portion

25  of the meeting shall be off the record.  The court reporter's

26  notes shall be fully transcribed and maintained by the

27  hospital records custodian within a reasonable time after the

28  meeting. The closed meeting shall be restricted to discussion,

29  reports, modification, or approval of a written strategic

30  plan. The transcript shall become public 3 years after the

31  date of the board meeting or at an earlier date if the

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                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    





 1  strategic plan discussed, reported on, modified, or approved

 2  at the meeting has been publicly disclosed by the hospital or

 3  implemented to the extent that confidentiality of the

 4  strategic plan is no longer necessary. If a discrete part of a

 5  strategic plan has been publicly disclosed by the hospital or

 6  has been implemented to the extent that confidentiality of

 7  that portion of the plan is no longer necessary, then the

 8  hospital shall redact the transcript and release only that

 9  part which records discussion of the nonconfidential part of

10  the strategic plan, unless such disclosure would divulge any

11  part of the strategic plan that remains confidential.

12         (c)  This subsection does not allow the boards of two

13  separate public entities to meet together in a closed meeting

14  to discuss, report on, modify, or approve the implementation

15  of a strategic plan that affects both public entities.

16         (6)  For purposes of this section, the term "strategic

17  plan" means any record which describes actions or activities

18  to:

19         (a)  Initiate or acquire a new health service;

20         (b)  Materially expand an existing health service;

21         (c)  Acquire additional facilities by purchase or by

22  lease;

23         (d)  Materially expand existing facilities;

24         (e)  Change all or a material part of the use of an

25  existing facility or a newly acquired facility;

26         (f)  Acquire another health care facility or health

27  care provider;

28         (g)  Merge or consolidate with another health care

29  facility when the surviving entity is an entity that is

30  subject to s. 24, Art. I of the State Constitution;

31         (h)  Enter into a shared service arrangement with

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                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    





 1  another health care provider; or

 2         (i)  Any combination of paragraphs (a)-(h).

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 4  The term "strategic plan" does not include records that

 5  describe the existing operations of a hospital or other health

 6  care facility which implement or execute the provisions of a

 7  strategic plan, unless disclosure of any such document would

 8  divulge any part of a strategic plan which has not been fully

 9  implemented or is a record that is otherwise exempt from the

10  public records laws. Such existing operations include, without

11  limitation, the hiring of employees, the purchase of

12  equipment, the placement of advertisements, and the entering

13  into contracts with physicians to perform medical services.

14  Records that describe operations are not exempt, except as

15  specifically provided in this section.

16         (7)  If the governing board of the hospital closes a

17  portion of any board meeting pursuant to subsection (4) before

18  placing the strategic plan or any separate component of the

19  strategic plan into operation, the governing board must give

20  notice of an open meeting in accordance with s. 286.011, and

21  conduct the meeting to inform the public, in general terms, of

22  the business activity that is to be implemented. If a

23  strategic plan involves a substantial reduction in the level

24  of medical services provided to the public, the meeting notice

25  must be given at least 30 days prior to the meeting at which

26  the governing board considers the decision to implement the

27  strategic plan.

28         (8)  A hospital may not approve a binding agreement to

29  implement a strategic plan at any closed meeting of the board.

30  Any such approval must be made at a meeting open to the public

31  and noticed in accordance with s. 286.011.

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                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    





 1         Section 2.  The Legislature finds that community

 2  hospitals in this state are often the safety-net providers of

 3  health care to our less advantaged residents and visitors. Yet

 4  community hospitals that are subject to the public records and

 5  open meeting laws of the state, unlike most agencies that

 6  provide services to the public, must compete directly with

 7  their private-sector counterparts. The economic survival of

 8  Florida's community hospitals depends on their ability to

 9  obtain revenues from services they provide in competition with

10  their private-sector counterparts. The Legislature further

11  finds that the governing boards of these hospitals do not

12  discuss, debate, or participate in the modification or

13  approval of their written strategic plans because the

14  governing boards' discussions and the records are open to the

15  public, thereby giving private-sector competitor hospitals

16  advance disclosure of the hospitals' planned strategic moves.

17  The Legislature finds that it is a public necessity that the

18  governing boards of these hospitals be involved in the

19  discussion, modification, and approval of the hospitals'

20  strategic plans. Consequently, the Legislature finds that it

21  is a public necessity that the written strategic plan of any

22  hospital which is subject to the public records laws of the

23  state, and notes and transcripts that are recorded pursuant to

24  section 395.3035(4)(c), Florida Statutes, be confidential and

25  exempt from the public records laws of this state as provided

26  in this act. The Legislature also finds that it is a public

27  necessity that those portions of a hospital's governing board

28  meeting during which one or more written strategic plans which

29  are exempt from the open records laws are discussed, reported

30  on, modified, or approved shall be confidential and exempt

31  from the public meeting laws of this state. The Legislature

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                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    





 1  further finds that it is a public necessity to clarify that

 2  the records and meetings of any privately operated hospital

 3  which are subject to the public records law and open meetings

 4  law of this state are exempt from both in the same manner and

 5  to the same extent as are records and meetings of publicly

 6  operated hospitals and as otherwise provided by law.

 7         Section 3.  This act shall take effect upon becoming a

 8  law.

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10

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

12  And the title is amended as follows:

13         Delete everything before the enacting clause

14

15  and insert:

16                      A bill to be entitled

17         An act relating to hospital meetings and

18         records; amending s. 395.3035, F.S.; defining

19         the term "strategic plan" for purposes of

20         provisions which provide for the

21         confidentiality of such plans and of meetings

22         relating thereto; providing an exemption from

23         open meetings requirements for meetings at

24         which such plans are modified or approved by

25         the hospital's governing board; providing for

26         future review and repeal; providing conditions

27         for the early release of transcripts of

28         meetings at which such plans are discussed;

29         prohibiting public hospitals from taking

30         certain specified actions at closed meetings;

31         requiring certain notice; providing a finding

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                                                  SENATE AMENDMENT

    Bill No. HB 357, 1st Eng.

    Amendment No.    





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