HB 0115A, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to public records exemptions; amending s.
3	1004.43, F.S.; expanding the public records exemption for
4	proprietary confidential business information owned or
5	controlled by the H. Lee Moffitt Cancer Center and
6	Research Institute to include information relating to
7	methods of manufacture or production, potential trade
8	secrets, potentially patentable material, and proprietary
9	information received, generated, ascertained, or
10	discovered during the course of research, and business
11	transactions resulting from such research; expanding the
12	public records exemption to include information received
13	from this or another state or nation or the Federal
14	Government which is otherwise exempt or confidential
15	pursuant to the laws of this or another state or nation or
16	pursuant to federal law; providing for future review and
17	repeal; providing a statement of public necessity;
18	amending s. 1004.445, F.S.; creating a public records
19	exemption for proprietary confidential business
20	information owned or controlled by the Florida Alzheimer's
21	Center and Research Institute; categorizing specified
22	types of information as proprietary confidential business
23	information; defining "managed care"; providing for access
24	to proprietary confidential business information by
25	specified agencies; providing for future review and repeal
26	of the exemption; providing a statement of public
27	necessity; providing an effective date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1. Paragraph (b) of subsection (8) of section
32	1004.43, Florida Statutes, is amended to read:
33	1004.43 H. Lee Moffitt Cancer Center and Research
34	Institute.--There is established the H. Lee Moffitt Cancer
35	Center and Research Institute at the University of South
36	Florida.
37	(8)
38	(b) Proprietary confidential business information is
39	confidential and exempt from the provisions of s. 119.07(1) and
40	s. 24(a), Art. I of the State Constitution. However, the Auditor
41	General, the Office of Program Policy Analysis and Government
42	Accountability, and the State Board of Education, pursuant to
43	their oversight and auditing functions, must be given access to
44	all proprietary confidential business information upon request
45	and without subpoena and must maintain the confidentiality of
46	information so received. As used in this paragraph, the term
47	"proprietary confidential business information" means
48	information, regardless of its form or characteristics, which is
49	owned or controlled by the not-for-profit corporation or its
50	subsidiaries; is intended to be and is treated by the not-for-
51	profit corporation or its subsidiaries as private and the
52	disclosure of which would harm the business operations of the
53	not-for-profit corporation or its subsidiaries; has not been
54	intentionally disclosed by the corporation or its subsidiaries
55	unless pursuant to law, an order of a court or administrative
56	body, a legislative proceeding pursuant to s. 5, Art. III of the
57	State Constitution, or a private agreement that provides that
58	the information may be released to the public; and which is
59	information concerning:
60	1. Internal auditing controls and reports of internal
61	auditors;
62	2. Matters reasonably encompassed in privileged attorney-
63	client communications;
64	3. Contracts for managed-care arrangements, including
65	preferred provider organization contracts, health maintenance
66	organization contracts, and exclusive provider organization
67	contracts, and any documents directly relating to the
68	negotiation, performance, and implementation of any such
69	contracts for managed-care arrangements;
70	4. Bids or other contractual data, banking records, and
71	credit agreements the disclosure of which would impair the
72	efforts of the not-for-profit corporation or its subsidiaries to
73	contract for goods or services on favorable terms;
74	5. Information relating to private contractual data, the
75	disclosure of which would impair the competitive interest of the
76	provider of the information;
77	6. Corporate officer and employee personnel information;
78	7. Information relating to the proceedings and records of
79	credentialing panels and committees and of the governing board
80	of the not-for-profit corporation or its subsidiaries relating
81	to credentialing;
82	8. Minutes of meetings of the governing board of the not-
83	for-profit corporation and its subsidiaries, except minutes of
84	meetings open to the public pursuant to subsection (9);
85	9. Information that reveals plans for marketing services
86	that the corporation or its subsidiaries reasonably expect to be
87	provided by competitors;
88	10. Trade secrets as defined in s. 688.002, including
89	reimbursement methodologies or rates; or
90	11. The identity of donors or prospective donors of
91	property who wish to remain anonymous or any information
92	identifying such donors or prospective donors. The anonymity of
93	these donors or prospective donors must be maintained in the
94	auditor's report;.
95	12. Information relating to methods of manufacture or
96	production, potential trade secrets, potentially patentable
97	material, or proprietary information received, generated,
98	ascertained, or discovered during the course of research
99	conducted by the not-for-profit corporation or its subsidiaries
100	and business transactions resulting from such research; or
101	13. Any information received by the not-for-profit
102	corporation or its subsidiaries from a person in this or another
103	state or nation or the Federal Government which is otherwise
104	exempt or confidential pursuant to the laws of this or another
105	state or nation or pursuant to federal law.
106
107	As used in this paragraph, the term "managed care” means systems
108	or techniques generally used by third-party payors or their
109	agents to affect access to and control payment for health care
110	services. Managed-care techniques most often include one or
111	more of the following: prior, concurrent, and retrospective
112	review of the medical necessity and appropriateness of services
113	or site of services; contracts with selected health care
114	providers; financial incentives or disincentives related to the
115	use of specific providers, services, or services sites;
116	controlled access to and coordination of services by a case
117	manager; and payor efforts to identify treatment alternatives
118	and modify benefit restrictions for high-cost patient care.
119	Section 2. Subparagraphs 12. and 13. of paragraph (b) of
120	subsection (8) of s. 1004.43, Florida Statutes, are subject to
121	the Open Government Sunset Review Act of 1995 in accordance with
122	s. 119.15, Florida Statutes, and shall stand repealed on October
123	2, 2008, unless reviewed and saved from repeal through
124	reenactment by the Legislature.
125	Section 3. The Legislature finds that it is a public
126	necessity that information relating to methods of manufacture or
127	production, potential trade secrets, potentially patentable
128	materials, or proprietary information received, generated,
129	ascertained, or discovered during the course of research
130	conducted by the H. Lee Moffitt Cancer Center and Research
131	Institute or any of its subsidiaries, and business transactions
132	resulting from such research, be made confidential and exempt
133	from public disclosure, because the disclosure of such
134	information would adversely impact the not-for-profit
135	corporation or its subsidiaries and would create an unfair
136	competitive advantage for the persons receiving such
137	information. If such confidential and exempt information
138	regarding research in progress were released pursuant to a
139	public records request, others would be allowed to take the
140	benefit of the research without compensation or reimbursement to
141	the research center. The Legislature further finds that
142	information received by the not-for-profit corporation or its
143	subsidiaries from a person in this or another state or nation or
144	the Federal Government which is otherwise exempt or confidential
145	pursuant to the laws of this or another state or nation or
146	pursuant to federal law should remain exempt or confidential
147	because the highly confidential nature of cancer-related
148	research necessitates that the not-for-profit corporation or its
149	subsidiaries be authorized to maintain the status of exempt or
150	confidential information it receives from the sponsors of
151	research. Without the exemptions provided for herein, the
152	disclosure of confidential and exempt information would place
153	the not-for-profit corporation on an unequal footing in the
154	marketplace as compared with its private health care and medical
155	research competitors that are not required to disclose such
156	confidential and exempt information. The Legislature finds that
157	the disclosure of such confidential and exempt information would
158	adversely impact the not-for-profit corporation or its
159	subsidiaries in fulfilling their mission of cancer treatment,
160	research, and education.
161	Section 4. Subsection (9) of section 1004.445, Florida
162	Statutes, is amended to read:
163	1004.445 Florida Alzheimer's Center and Research
164	Institute.--
165	(9)(a)The following information is confidential and
166	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
167	of the State Constitution:
168	1.(a)Personal identifying information relating to clients
169	of programs created or funded through the Florida Alzheimer's
170	Center and Research Institute which is held by the institute,
171	the University of South Florida, or theState Board of Education
172	or by persons who provide services to clients of programs
173	created or funded through contracts with the Florida Alzheimer's
174	Center and Research Institute;
175	2.(b) Any medical or health records relating to patients
176	heldwhich may be created or received by the institute; and
177	3.(c)Proprietary confidential business information. As
178	used in this subparagraph, the term "proprietary confidential
179	business information” means information, regardless of its form
180	or characteristics, which is owned or controlled by the
181	institute; is intended to be and is treated by the institute as
182	private and the disclosure of which would harm the business
183	operations of the institute; has not been intentionally
184	disclosed by the institute unless pursuant to law, an order of a
185	court or administrative body, a legislative proceeding pursuant
186	to s. 5, Art. III of the State Constitution, or a private
187	agreement that provides that the information may be released to
188	the public; and which is information concerning:
189	a.Materials that relate to methods of manufacture or
190	production, potential trade secrets, potentially patentable
191	material, actual trade secrets as defined in s. 688.002, or
192	proprietary information received, generated, ascertained, or
193	discovered during the course of research conducted by or through
194	the institute and business transactions resulting from such
195	research;
196	b.(d) The identity of a donor or prospective donor to the
197	instituteFlorida Alzheimer's Center and Research Institutewho
198	wishes to remain anonymous, and all information identifying such
199	donor or prospective donor;
200	c.(e)Any information received by the institute in the
201	performance of its duties and responsibilities which is
202	otherwise confidential and exempt by law; and
203	d.(f)Any information received by the institute from a
204	person from this oranother state or nation or the Federal
205	Government which is otherwise exempt or confidential or exempt
206	pursuant to this or anotherthatstate's or nation's laws or
207	pursuant to federal law;
208	e. Internal auditing controls and reports of internal
209	auditors;
210	f. Contracts for managed-care arrangements, including
211	preferred provider organization contracts, health maintenance
212	organization contracts, and exclusive provider organization
213	contracts, and any documents directly relating to the
214	negotiation, performance, and implementation of any such
215	contracts for managed-care arrangements;
216	g. Bids or other contractual data, banking records, and
217	credit agreements the disclosure of which would impair the
218	efforts of the institute to contract for goods or services on
219	favorable terms;
220	h. Information relating to private contractual data, the
221	disclosure of which would impair the competitive interest of the
222	provider of the information;
223	i. Corporate officer and employee personnel information;
224	j. Information relating to the proceedings and records of
225	the credentialing panels and committees and of the governing
226	board of the institute relating to credentialing;
227	k. Minutes of meetings of the governing board of the
228	institute, except minutes of meetings open to the public
229	pursuant to subsection (10); and
230	l. Information that reveals plans for marketing services
231	that the institute reasonably expects to be provided by
232	competitors.
233
234	As used in this subparagraph, the term "managed care” means
235	systems or techniques generally used by third-party payors or
236	their agents to affect access to and control payment for health
237	care services. Managed-care techniques most often include one or
238	more of the following: prior, concurrent, and retrospective
239	review of the medical necessity and appropriateness of services
240	or site of services; contracts with selected health care
241	providers; financial incentives or disincentives related to the
242	use of specific providers, services, or service sites;
243	controlled access to and coordination of services by a case
244	manager; and payor efforts to identify treatment alternatives
245	and modify benefit restrictions for high-cost patient care.
246	(b) The Auditor General, the Office of Program Policy
247	Analysis and Government Accountability, and the State Board of
248	Education, pursuant to their oversight and auditing functions,
249	must be given access to all proprietary confidential business
250	information upon request and without subpoena and must maintain
251	the confidentiality of information so received.
252	(c)Any governmental entity that demonstrates a need to
253	access such confidential and exempt information in order to
254	perform its duties and responsibilities shall have access to
255	such information and shall otherwise keep such information
256	confidential and exempt. This section is subject to the Open
257	Government Sunset Review Act of 1995 in accordance with s.
258	119.15 and shall stand repealed on October 2, 2006, unless
259	reviewed and saved from repeal through reenactment by the
260	Legislature.
261	Section 5. Subsection (9) of s. 1004.445, Florida
262	Statutes, is subject to the Open Government Sunset Review Act of
263	1995 in accordance with s. 119.15, Florida Statutes, and shall
264	stand repealed on October 2, 2008, unless reviewed and saved
265	from repeal through reenactment by the Legislature.
266	Section 6. The Legislature finds that it is a public
267	necessity that proprietary confidential business information
268	owned or controlled by the Florida Alzheimer's Center and
269	Research Institute; internal auditing controls and reports of
270	internal auditors; contracts for managed-care arrangements and
271	any documents directly relating to the negotiation, performance,
272	and implementation of any such contracts for managed-care
273	arrangements; bids or other contractual data, banking records,
274	and credit agreements; information relating to private
275	contractual data; corporate officer and employee personnel
276	information; information relating to the proceedings and records
277	of the credentialing panels and committees and of the governing
278	board of the Florida Alzheimer's Center and Research Institute
279	relating to credentialing; minutes of meetings of the governing
280	board of the institute; and information that reveals plans for
281	marketing services that the institute reasonably expects to be
282	provided by competitors be made confidential and exempt from
283	public disclosure. The institute must compete directly with its
284	private-sector counterparts. Its economic survival depends on
285	the institute’s ability to so compete. As such, these exemptions
286	are necessary because release of such information and records
287	would adversely impact the institute in the competitive health
288	care and medical research environment. Disclosure of such
289	information and records would place the institute on an unequal
290	footing in the marketplace as compared with private health care
291	providers that are not required to disclose such confidential
292	and exempt information and records. The highly confidential
293	nature of Alzheimer-related research discoveries necessitates
294	that the institute be authorized to maintain confidential
295	information it receives from, or generates for, the sponsors of
296	its research. Accordingly, disclosure of such information and
297	records would impede the effective and efficient administration
298	of the Florida Alzheimer’s Center and Research Institute and
299	would create an unfair competitive advantage for persons or
300	entities receiving such information. Also, such information and
301	records contain information of a sensitive, personal nature
302	regarding corporate officers and employees. Disclosure of such
303	information could be harmful to the officer or employee.
304	Section 7. This act shall take effect upon becoming a law.