HB 0387 2003
1	CHAMBER ACTION
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6	The Committee on State Administration recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
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11	A bill to be entitled
12	An act relating to a public records exemption for
13	proprietary confidential business information owned or
14	controlled by the H. Lee Moffitt Cancer Center and
15	Research Institute; amending s. 1004.43, F.S.; expanding
16	the public records exemption for such proprietary
17	confidential business information to include information
18	relating to methods of manufacture or production,
19	potential trade secrets, potentially patentable material,
20	and proprietary information received, generated,
21	ascertained, or discovered during the course of research,
22	and business transactions resulting from such research;
23	expanding the public records exemption to include
24	information received from another state or nation or the
25	Federal Government which is otherwise confidential or
26	exempt pursuant to the laws of that state or nation or
27	pursuant to federal law; providing for future review and
28	repeal of the exemption; providing a statement of public
29	necessity; providing an effective date.
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31	Be It Enacted by the Legislature of the State of Florida:
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33	Section 1. Paragraph (b) of subsection (8) of section
34	1004.43, Florida Statutes, is amended to read:
35	1004.43 H. Lee Moffitt Cancer Center and Research
36	Institute.--There is established the H. Lee Moffitt Cancer
37	Center and Research Institute at the University of South
38	Florida.
39	(8)
40	(b) Proprietary confidential business information is
41	confidential and exempt from the provisions of s. 119.07(1) and
42	s. 24(a), Art. I of the State Constitution. However, the Auditor
43	General, the Office of Program Policy Analysis and Government
44	Accountability, and the State Board of Education, pursuant to
45	their oversight and auditing functions, must be given access to
46	all proprietary confidential business information upon request
47	and without subpoena and must maintain the confidentiality of
48	information so received. As used in this paragraph, the term
49	"proprietary confidential business information" means
50	information, regardless of its form or characteristics, which is
51	owned or controlled by the not-for-profit corporation or its
52	subsidiaries; is intended to be and is treated by the not-for-
53	profit corporation or its subsidiaries as private and the
54	disclosure of which would harm the business operations of the
55	not-for-profit corporation or its subsidiaries; has not been
56	intentionally disclosed by the corporation or its subsidiaries
57	unless pursuant to law, an order of a court or administrative
58	body, a legislative proceeding pursuant to s. 5, Art. III of the
59	State Constitution, or a private agreement that provides that
60	the information may be released to the public; and which is
61	information concerning:
62	1. Internal auditing controls and reports of internal
63	auditors;
64	2. Matters reasonably encompassed in privileged attorney-
65	client communications;
66	3. Contracts for managed-care arrangements, including
67	preferred provider organization contracts, health maintenance
68	organization contracts, and exclusive provider organization
69	contracts, and any documents directly relating to the
70	negotiation, performance, and implementation of any such
71	contracts for managed-care arrangements;
72	4. Bids or other contractual data, banking records, and
73	credit agreements the disclosure of which would impair the
74	efforts of the not-for-profit corporation or its subsidiaries to
75	contract for goods or services on favorable terms;
76	5. Information relating to private contractual data, the
77	disclosure of which would impair the competitive interest of the
78	provider of the information;
79	6. Corporate officer and employee personnel information;
80	7. Information relating to the proceedings and records of
81	credentialing panels and committees and of the governing board
82	of the not-for-profit corporation or its subsidiaries relating
83	to credentialing;
84	8. Minutes of meetings of the governing board of the not-
85	for-profit corporation and its subsidiaries, except minutes of
86	meetings open to the public pursuant to subsection (9);
87	9. Information that reveals plans for marketing services
88	that the corporation or its subsidiaries reasonably expect to be
89	provided by competitors;
90	10. Trade secrets as defined in s. 688.002, including
91	reimbursement methodologies or rates; or
92	11. The identity of donors or prospective donors of
93	property who wish to remain anonymous or any information
94	identifying such donors or prospective donors. The anonymity of
95	these donors or prospective donors must be maintained in the
96	auditor's report;.
97	12. Information relating to methods of manufacture or
98	production, potential trade secrets, potentially patentable
99	material, or proprietary information received, generated,
100	ascertained, or discovered during the course of research
101	conducted by the not-for-profit corporation or its subsidiaries
102	and business transactions resulting from such research; or
103	13. Any information received by the not-for-profit
104	corporation or its subsidiaries from a person in another state
105	or nation or the Federal Government which is otherwise
106	confidential or exempt pursuant to the laws of that state or
107	nation or pursuant to federal law.
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109	As used in this paragraph, the term “managed care” means systems
110	or techniques generally used by third-party payors or their
111	agents to affect access to and control payment for health care
112	services. Managed-care techniques most often include one or
113	more of the following: prior, concurrent, and retrospective
114	review of the medical necessity and appropriateness of services
115	or site of services; contracts with selected health care
116	providers; financial incentives or disincentives related to the
117	use of specific providers, services, or services sites;
118	controlled access to and coordination of services by a case
119	manager; and payor efforts to identify treatment alternatives
120	and modify benefit restrictions for high-cost patient care.
121	Section 2. Subparagraphs 12. and 13. of paragraph (b) of
122	subsection (8) of section 1004.43, Florida Statutes, are subject
123	to the Open Government Sunset Review Act of 1995 in accordance
124	with section 119.15, Florida Statutes, and shall stand repealed
125	on October 2, 2008, unless reviewed and saved from repeal
126	through reenactment by the Legislature.
127	Section 3. The Legislature finds that it is a public
128	necessity that information relating to methods of manufacture or
129	production, potential trade secrets, potentially patentable
130	materials, or proprietary information received, generated,
131	ascertained, or discovered during the course of research
132	conducted by the H. Lee Moffitt Cancer Center and Research
133	Institute or any of its subsidiaries, and business transactions
134	resulting from such research, be made confidential and exempt
135	from public disclosure, because the disclosure of such
136	information would adversely impact the not-for-profit
137	corporation or its subsidiaries and would create an unfair
138	competitive advantage for the persons receiving such
139	information. If such confidential and exempt information
140	regarding research in progress were released pursuant to a
141	public records request, others would be allowed to take the
142	benefit of the research without compensation or reimbursement to
143	the research center. The Legislature further finds that
144	information received by the not-for-profit corporation or its
145	subsidiaries from a person in another state or nation or the
146	Federal Government which is otherwise confidential or exempt
147	pursuant to the laws of that state or nation or pursuant to
148	federal law should remain confidential or exempt because the
149	highly confidential nature of cancer-related research
150	necessitates that the not-for-profit corporation or its
151	subsidiaries be authorized to maintain the status of
152	confidential or exempt information it receives from the sponsors
153	of research. Without the exemptions provided for herein, the
154	disclosure of confidential and exempt information would place
155	the not-for-profit corporation on an unequal footing in the
156	marketplace as compared with its private health care and medical
157	research competitors that are not required to disclose such
158	confidential and exempt information. The Legislature finds that
159	the disclosure of such confidential and exempt information would
160	adversely impact the not-for-profit corporation or its
161	subsidiaries in fulfilling their mission of cancer treatment,
162	research, and education.
163	Section 4. This act shall take effect upon becoming a law.