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 public records and public meetings
13	exemptions; amending s. 1004.43, F.S.; expanding the
14	public records exemption for proprietary confidential
15	business information owned or controlled by the H. Lee
16	Moffitt Cancer Center and Research Institute to include
17	information relating to methods of manufacture or
18	production, potential trade secrets, potentially
19	patentable material, and proprietary information received,
20	generated, ascertained, or discovered during the course of
21	research, and business transactions resulting from such
22	research; expanding the public records exemption to
23	include information received from this or another state or
24	nation or the Federal Government which is otherwise exempt
25	or confidential pursuant to the laws of this or another
26	state or nation or pursuant to federal law; providing for
27	future review and repeal; providing a statement of public
28	necessity; amending s. 1004.445, F.S.; creating a public
29	records exemption for proprietary confidential business
30	information owned or controlled by the Florida Alzheimer's
31	Center and Research Institute; categorizing specified
32	types of information as proprietary confidential business
33	information; defining "managed care"; providing for access
34	to proprietary confidential business information by
35	specified agencies; creating a public meetings exemption
36	for specified meetings of the governing board of the
37	Florida Alzheimer’s Center and Research Institute;
38	providing for future review and repeal of the exemption;
39	providing a statement of public necessity; providing an
40	effective date.
41
42	Be It Enacted by the Legislature of the State of Florida:
43
44	Section 1. Paragraph (b) of subsection (8) of section
45	1004.43, Florida Statutes, is amended to read:
46	1004.43 H. Lee Moffitt Cancer Center and Research
47	Institute.--There is established the H. Lee Moffitt Cancer
48	Center and Research Institute at the University of South
49	Florida.
50	(8)
51	(b) Proprietary confidential business information is
52	confidential and exempt from the provisions of s. 119.07(1) and
53	s. 24(a), Art. I of the State Constitution. However, the Auditor
54	General, the Office of Program Policy Analysis and Government
55	Accountability, and the State Board of Education, pursuant to
56	their oversight and auditing functions, must be given access to
57	all proprietary confidential business information upon request
58	and without subpoena and must maintain the confidentiality of
59	information so received. As used in this paragraph, the term
60	"proprietary confidential business information" means
61	information, regardless of its form or characteristics, which is
62	owned or controlled by the not-for-profit corporation or its
63	subsidiaries; is intended to be and is treated by the not-for-
64	profit corporation or its subsidiaries as private and the
65	disclosure of which would harm the business operations of the
66	not-for-profit corporation or its subsidiaries; has not been
67	intentionally disclosed by the corporation or its subsidiaries
68	unless pursuant to law, an order of a court or administrative
69	body, a legislative proceeding pursuant to s. 5, Art. III of the
70	State Constitution, or a private agreement that provides that
71	the information may be released to the public; and which is
72	information concerning:
73	1. Internal auditing controls and reports of internal
74	auditors;
75	2. Matters reasonably encompassed in privileged attorney-
76	client communications;
77	3. Contracts for managed-care arrangements, including
78	preferred provider organization contracts, health maintenance
79	organization contracts, and exclusive provider organization
80	contracts, and any documents directly relating to the
81	negotiation, performance, and implementation of any such
82	contracts for managed-care arrangements;
83	4. Bids or other contractual data, banking records, and
84	credit agreements the disclosure of which would impair the
85	efforts of the not-for-profit corporation or its subsidiaries to
86	contract for goods or services on favorable terms;
87	5. Information relating to private contractual data, the
88	disclosure of which would impair the competitive interest of the
89	provider of the information;
90	6. Corporate officer and employee personnel information;
91	7. Information relating to the proceedings and records of
92	credentialing panels and committees and of the governing board
93	of the not-for-profit corporation or its subsidiaries relating
94	to credentialing;
95	8. Minutes of meetings of the governing board of the not-
96	for-profit corporation and its subsidiaries, except minutes of
97	meetings open to the public pursuant to subsection (9);
98	9. Information that reveals plans for marketing services
99	that the corporation or its subsidiaries reasonably expect to be
100	provided by competitors;
101	10. Trade secrets as defined in s. 688.002, including
102	reimbursement methodologies or rates; or
103	11. The identity of donors or prospective donors of
104	property who wish to remain anonymous or any information
105	identifying such donors or prospective donors. The anonymity of
106	these donors or prospective donors must be maintained in the
107	auditor's report;.
108	12. Information relating to methods of manufacture or
109	production, potential trade secrets, potentially patentable
110	material, or proprietary information received, generated,
111	ascertained, or discovered during the course of research
112	conducted by the not-for-profit corporation or its subsidiaries
113	and business transactions resulting from such research; or
114	13. Any information received by the not-for-profit
115	corporation or its subsidiaries from a person in this or another
116	state or nation or the Federal Government which is otherwise
117	exempt or confidential pursuant to the laws of this or another
118	state or nation or pursuant to federal law.
119
120	As used in this paragraph, the term “managed care” means systems
121	or techniques generally used by third-party payors or their
122	agents to affect access to and control payment for health care
123	services. Managed-care techniques most often include one or
124	more of the following: prior, concurrent, and retrospective
125	review of the medical necessity and appropriateness of services
126	or site of services; contracts with selected health care
127	providers; financial incentives or disincentives related to the
128	use of specific providers, services, or services sites;
129	controlled access to and coordination of services by a case
130	manager; and payor efforts to identify treatment alternatives
131	and modify benefit restrictions for high-cost patient care.
132	Section 2. Subparagraphs 12. and 13. of paragraph (b) of
133	subsection (8) of s. 1004.43, Florida Statutes, are subject to
134	the Open Government Sunset Review Act of 1995 in accordance with
135	s. 119.15, Florida Statutes, and shall stand repealed on October
136	2, 2008, unless reviewed and saved from repeal through
137	reenactment by the Legislature.
138	Section 3. The Legislature finds that it is a public
139	necessity that information relating to methods of manufacture or
140	production, potential trade secrets, potentially patentable
141	materials, or proprietary information received, generated,
142	ascertained, or discovered during the course of research
143	conducted by the H. Lee Moffitt Cancer Center and Research
144	Institute or any of its subsidiaries, and business transactions
145	resulting from such research, be made confidential and exempt
146	from public disclosure, because the disclosure of such
147	information would adversely impact the not-for-profit
148	corporation or its subsidiaries and would create an unfair
149	competitive advantage for the persons receiving such
150	information. If such confidential and exempt information
151	regarding research in progress were released pursuant to a
152	public records request, others would be allowed to take the
153	benefit of the research without compensation or reimbursement to
154	the research center. The Legislature further finds that
155	information received by the not-for-profit corporation or its
156	subsidiaries from a person in this or another state or nation or
157	the Federal Government which is otherwise exempt or confidential
158	pursuant to the laws of this or another state or nation or
159	pursuant to federal law should remain exempt or confidential
160	because the highly confidential nature of cancer-related
161	research necessitates that the not-for-profit corporation or its
162	subsidiaries be authorized to maintain the status of exempt or
163	confidential information it receives from the sponsors of
164	research. Without the exemptions provided for herein, the
165	disclosure of confidential and exempt information would place
166	the not-for-profit corporation on an unequal footing in the
167	marketplace as compared with its private health care and medical
168	research competitors that are not required to disclose such
169	confidential and exempt information. The Legislature finds that
170	the disclosure of such confidential and exempt information would
171	adversely impact the not-for-profit corporation or its
172	subsidiaries in fulfilling their mission of cancer treatment,
173	research, and education.
174	Section 4. Subsection (9) of section 1004.445, Florida
175	Statutes, is amended, and subsection (10) is added to said
176	section, to read:
177	1004.445 Florida Alzheimer's Center and Research
178	Institute.—
179	(9)(a)The following information is confidential and
180	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
181	of the State Constitution:
182	1.(a)Personal identifying information relating to clients
183	of programs created or funded through the Florida Alzheimer's
184	Center and Research Institute which is held by the institute,
185	the University of South Florida, or theState Board of Education
186	or by persons who provide services to clients of programs
187	created or funded through contracts with the Florida Alzheimer's
188	Center and Research Institute;
189	2.(b) Any medical or health records relating to patients
190	heldwhich may be created or received by the institute; and
191	3.(c)Proprietary confidential business information. As
192	used in this subparagraph, the term “proprietary confidential
193	business information” means information, regardless of its form
194	or characteristics, which is owned or controlled by the
195	institute; is intended to be and is treated by the institute as
196	private and the disclosure of which would harm the business
197	operations of the institute; has not been intentionally
198	disclosed by the institute unless pursuant to law, an order of a
199	court or administrative body, a legislative proceeding pursuant
200	to s. 5, Art. III of the State Constitution, or a private
201	agreement that provides that the information may be released to
202	the public; and which is information concerning:
203	a.Materials that relate to methods of manufacture or
204	production, potential trade secrets, potentially patentable
205	material, actual trade secrets as defined in s. 688.002, or
206	proprietary information received, generated, ascertained, or
207	discovered during the course of research conducted by or through
208	the institute and business transactions resulting from such
209	research;
210	b.(d) The identity of a donor or prospective donor to the
211	instituteFlorida Alzheimer's Center and Research Institutewho
212	wishes to remain anonymous, and all information identifying such
213	donor or prospective donor;
214	c.(e)Any information received by the institute in the
215	performance of its duties and responsibilities which is
216	otherwise confidential and exempt by law; and
217	d.(f)Any information received by the institute from a
218	person from this oranother state or nation or the Federal
219	Government which is otherwise exempt or confidential or exempt
220	pursuant to this or anotherthatstate's or nation's laws or
221	pursuant to federal law;
222	e. Internal auditing controls and reports of internal
223	auditors;
224	f. Contracts for managed-care arrangements, including
225	preferred provider organization contracts, health maintenance
226	organization contracts, and exclusive provider organization
227	contracts, and any documents directly relating to the
228	negotiation, performance, and implementation of any such
229	contracts for managed-care arrangements;
230	g. Bids or other contractual data, banking records, and
231	credit agreements the disclosure of which would impair the
232	efforts of the institute to contract for goods or services on
233	favorable terms;
234	h. Information relating to private contractual data, the
235	disclosure of which would impair the competitive interest of the
236	provider of the information;
237	i. Corporate officer and employee personnel information;
238	j. Information relating to the proceedings and records of
239	the credentialing panels and committees and of the governing
240	board of the institute relating to credentialing;
241	k. Minutes of meetings of the governing board of the
242	institute, except minutes of meetings open to the public
243	pursuant to subsection (10); and
244	l. Information that reveals plans for marketing services
245	that the institute reasonably expects to be provided by
246	competitors.
247
248	As used in this subparagraph, the term “managed care” means
249	systems or techniques generally used by third-party payors or
250	their agents to affect access to and control payment for health
251	care services. Managed-care techniques most often include one or
252	more of the following: prior, concurrent, and retrospective
253	review of the medical necessity and appropriateness of services
254	or site of services; contracts with selected health care
255	providers; financial incentives or disincentives related to the
256	use of specific providers, services, or service sites;
257	controlled access to and coordination of services by a case
258	manager; and payor efforts to identify treatment alternatives
259	and modify benefit restrictions for high-cost patient care.
260	(b) The Auditor General, the Office of Program Policy
261	Analysis and Government Accountability, and the State Board of
262	Education, pursuant to their oversight and auditing functions,
263	must be given access to all proprietary confidential business
264	information upon request and without subpoena and must maintain
265	the confidentiality of information so received.
266	(c)Any governmental entity that demonstrates a need to
267	access such confidential and exempt information in order to
268	perform its duties and responsibilities shall have access to
269	such information and shall otherwise keep such information
270	confidential and exempt. This section is subject to the Open
271	Government Sunset Review Act of 1995 in accordance with s.
272	119.15 and shall stand repealed on October 2, 2006, unless
273	reviewed and saved from repeal through reenactment by the
274	Legislature.
275	(10) Meetings of the governing board of the Florida
276	Alzheimer's Center and Research Institute at which the
277	expenditure of funds appropriated to the not-for-profit
278	corporation by the state are discussed or reported must remain
279	open to the public in accordance with s. 286.011 and s. 24(b),
280	Art. I of the State Constitution, unless made exempt by law.
281	Other meetings of the governing board of the institute are
282	exempt from s. 286.011 and s. 24(b), Art. I of the State
283	Constitution.
284	Section 5. Subsections (9) and (10) of s. 1004.445,
285	Florida Statutes, are subject to the Open Government Sunset
286	Review Act of 1995 in accordance with s. 119.15, Florida
287	Statutes, and shall stand repealed on October 2, 2008, unless
288	reviewed and saved from repeal through reenactment by the
289	Legislature.
290	Section 6. The Legislature finds that it is a public
291	necessity that proprietary confidential business information
292	owned or controlled by the Florida Alzheimer's Center and
293	Research Institute; internal auditing controls and reports of
294	internal auditors; contracts for managed-care arrangements and
295	any documents directly relating to the negotiation, performance,
296	and implementation of any such contracts for managed-care
297	arrangements; bids or other contractual data, banking records,
298	and credit agreements; information relating to private
299	contractual data; corporate officer and employee personnel
300	information; information relating to the proceedings and records
301	of the credentialing panels and committees and of the governing
302	board of the Florida Alzheimer's Center and Research Institute
303	relating to credentialing; minutes of meetings of the governing
304	board of the institute; and information that reveals plans for
305	marketing services that the institute reasonably expects to be
306	provided by competitors be made confidential and exempt from
307	public disclosure. The institute must compete directly with its
308	private-sector counterparts. Its economic survival depends on
309	the institute’s ability to so compete. As such, these exemptions
310	are necessary because release of such information and records
311	would adversely impact the institute in the competitive health
312	care and medical research environment. Disclosure of such
313	information and records would place the institute on an unequal
314	footing in the marketplace as compared with private health care
315	providers that are not required to disclose such confidential
316	and exempt information and records. The highly confidential
317	nature of Alzheimer-related research discoveries necessitates
318	that the institute be authorized to maintain confidential
319	information it receives from, or generates for, the sponsors of
320	its research. Accordingly, disclosure of such information and
321	records would impede the effective and efficient administration
322	of the Florida Alzheimer’s Center and Research Institute and
323	would create an unfair competitive advantage for persons or
324	entities receiving such information. Also, such information and
325	records contain information of a sensitive, personal nature
326	regarding corporate officers and employees. Disclosure of such
327	information could be harmful to the officer or employee. It is
328	likewise a public necessity that the meetings of the governing
329	board of the institute be closed in order to protect the
330	competitive interest of the institute and to guarantee the
331	ability of the governing board to fulfill its Alzheimer’s
332	disease research and teaching mission for the benefit of the
333	public. Closing access to such board meetings enables the boards
334	to be more open and frank in the information so provided and
335	discussed without the attendant fear that honest and truthful
336	exchange of information will result in the public dissemination
337	of information discussed that could be used to harm the
338	institute and its members. Furthermore, disclosing information
339	and records made confidential and exempt pursuant to the
340	institute’s public records exemption via an open meeting defeats
341	the purpose of the public records exemption.
342	Section 7. This act shall take effect upon becoming a law.