House Bill hb0401

    Florida House of Representatives - 2001                 HB 401

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to a public records exemption

  3         for certain information submitted to the Office

  4         of the Attorney General by members of the

  5         health care community; amending s. 408.185,

  6         F.S., which provides an exemption from public

  7         records requirements for certain documents,

  8         contracts, and proprietary confidential

  9         business information submitted by such entities

10         in connection with a request for an antitrust

11         no-action letter for a specified period;

12         reenacting such exemption and removing the

13         October 2, 2001, repeal thereof scheduled under

14         the Open Government Sunset Review Act of 1995;

15         providing an effective date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Notwithstanding the October 2, 2001, repeal

20  of said section scheduled pursuant to the Open Government

21  Sunset Review Act of 1995, section 408.185, Florida Statutes,

22  is reenacted and amended to read:

23         408.185  Information submitted for review of antitrust

24  issues; confidentiality.--The following information held by

25  the Office of the Attorney General, which is submitted by a

26  member of the health care community pursuant to a request for

27  an antitrust no-action letter shall be confidential and exempt

28  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

29  the State Constitution for 1 year after the date of

30  submission.

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






    Florida House of Representatives - 2001                 HB 401

    688-164-01






  1         (1)  Documents that reveal trade secrets as defined in

  2  s. 688.002.

  3         (2)  Preferred provider organization contracts.

  4         (3)  Health maintenance organization contracts.

  5         (4)  Documents that reveal a health care provider's

  6  marketing plan.

  7         (5)  Proprietary confidential business information as

  8  defined in s. 364.183(3).

  9

10  This section is subject to the Open Government Sunset Review

11  Act of 1995 in accordance with s. 119.15, and shall stand

12  repealed on October 2, 2001, unless reviewed and saved from

13  repeal by reenactment of the Legislature.

14         Section 2.  This act shall take effect October 1, 2001.

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17                          HOUSE SUMMARY

18
      Reenacts the public records exemption for certain
19    documents, contracts, and proprietary confidential
      business information submitted to the Office of the
20    Attorney General by members of the health care community
      in connection with a request for an antitrust no-action
21    letter and removes the October 2, 2001, repeal thereof
      scheduled under the Open Government Sunset Review Act of
22    1995.

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