HB 0029A 2003
1	A bill to be entitled
2	An act relating to public records and public meetings
3	exemptions; amending s. 1004.445, F.S.; creating a public
4	records exemption for proprietary confidential business
5	information owned or controlled by the Florida Alzheimer's
6	Center and Research Institute; categorizing specified
7	types of information as proprietary confidential business
8	information; defining "managed care"; providing for access
9	to proprietary confidential business information by
10	specified agencies; creating a public meetings exemption
11	for specified meetings or portions of meetings of the
12	governing board of the Florida Alzheimer’s Center and
13	Research Institute; providing for future review and repeal
14	of the exemption; providing a statement of public
15	necessity; providing for construction of the act in pari
16	materia with laws enacted during the Regular Session of
17	the Legislature; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Subsection (9) of section 1004.445, Florida
22	Statutes, is amended, and subsection (10) is added to said
23	section, to read:
24	1004.445 Florida Alzheimer's Center and Research
25	Institute.--
26	(9)(a)The following information is confidential and
27	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
28	of the State Constitution:
29	1.(a)Personal identifying information relating to clients
30	of programs created or funded through the Florida Alzheimer's
31	Center and Research Institute which is held by the institute,
32	the University of South Florida, or theState Board of Education
33	or by persons who provide services to clients of programs
34	created or funded through contracts with the Florida Alzheimer's
35	Center and Research Institute;
36	2.(b) Any medical or health records relating to patients
37	heldwhich may be created or received by the institute; and
38	3.(c)Proprietary confidential business information. As
39	used in this subparagraph, the term "proprietary confidential
40	business information” means information, regardless of its form
41	or characteristics, which is owned or controlled by the
42	institute; is intended to be and is treated by the institute as
43	private and the disclosure of which would harm the business
44	operations of the institute; has not been intentionally
45	disclosed by the institute unless pursuant to law, an order of a
46	court or administrative body, a legislative proceeding pursuant
47	to s. 5, Art. III of the State Constitution, or a private
48	agreement that provides that the information may be released to
49	the public; and which is information concerning:
50	a.Materials that relate to methods of manufacture or
51	production, potential trade secrets, potentially patentable
52	material, actual trade secrets as defined in s. 688.002, or
53	proprietary information received, generated, ascertained, or
54	discovered during the course of research conducted by or through
55	the institute and business transactions resulting from such
56	research;
57	b.(d) The identity of a donor or prospective donor to the
58	instituteFlorida Alzheimer's Center and Research Institutewho
59	wishes to remain anonymous, and all information identifying such
60	donor or prospective donor;
61	c.(e)Any information received by the institute in the
62	performance of its duties and responsibilities which is
63	otherwise confidential and exempt by law; and
64	d.(f)Any information received by the institute from a
65	person from this oranother state or nation or the Federal
66	Government which is otherwise exempt or confidential or exempt
67	pursuant to this or anotherthatstate's or nation's laws or
68	pursuant to federal law;
69	e. Internal auditing controls and reports of internal
70	auditors;
71	f. Contracts for managed-care arrangements, including
72	preferred provider organization contracts, health maintenance
73	organization contracts, and exclusive provider organization
74	contracts, and any documents directly relating to the
75	negotiation, performance, and implementation of any such
76	contracts for managed-care arrangements;
77	g. Bids or other contractual data, banking records, and
78	credit agreements the disclosure of which would impair the
79	efforts of the institute to contract for goods or services on
80	favorable terms;
81	h. Information relating to private contractual data, the
82	disclosure of which would impair the competitive interest of the
83	provider of the information;
84	i. Corporate officer and employee personnel information;
85	j. Information relating to the proceedings and records of
86	the credentialing panels and committees and of the governing
87	board of the institute relating to credentialing;
88	k. Minutes of meetings of the governing board of the
89	institute, except minutes of meetings open to the public
90	pursuant to subsection (10); and
91	l. Information that reveals plans for marketing services
92	that the institute reasonably expects to be provided by
93	competitors.
94
95	As used in this subparagraph, the term "managed care” means
96	systems or techniques generally used by third-party payors or
97	their agents to affect access to and control payment for health
98	care services. Managed-care techniques most often include one or
99	more of the following: prior, concurrent, and retrospective
100	review of the medical necessity and appropriateness of services
101	or site of services; contracts with selected health care
102	providers; financial incentives or disincentives related to the
103	use of specific providers, services, or service sites;
104	controlled access to and coordination of services by a case
105	manager; and payor efforts to identify treatment alternatives
106	and modify benefit restrictions for high-cost patient care.
107	(b) The Auditor General, the Office of Program Policy
108	Analysis and Government Accountability, and the State Board of
109	Education, pursuant to their oversight and auditing functions,
110	must be given access to all proprietary confidential business
111	information upon request and without subpoena and must maintain
112	the confidentiality of information so received.
113	(c)Any governmental entity that demonstrates a need to
114	access such confidential and exempt information in order to
115	perform its duties and responsibilities shall have access to
116	such information and shall otherwise keep such information
117	confidential and exempt. This section is subject to the Open
118	Government Sunset Review Act of 1995 in accordance with s.
119	119.15 and shall stand repealed on October 2, 2006, unless
120	reviewed and saved from repeal through reenactment by the
121	Legislature.
122	(10) Meetings or portions of meetings of the governing
123	board of the Florida Alzheimer’s Center and Research Institute
124	at which information is discussed that is made confidential and
125	exempt pursuant to subsection (9) are exempt from s. 286.011 and
126	s. 24(b), Art. I of the State Constitution.
127	Section 2. Subsections (9) and (10) of s. 1004.445,
128	Florida Statutes, are subject to the Open Government Sunset
129	Review Act of 1995 in accordance with s. 119.15, Florida
130	Statutes, and shall stand repealed on October 2, 2008, unless
131	reviewed and saved from repeal through reenactment by the
132	Legislature.
133	Section 3. The Legislature finds that it is a public
134	necessity that proprietary confidential business information
135	owned or controlled by the Florida Alzheimer's Center and
136	Research Institute; internal auditing controls and reports of
137	internal auditors; contracts for managed-care arrangements and
138	any documents directly relating to the negotiation, performance,
139	and implementation of any such contracts for managed-care
140	arrangements; bids or other contractual data, banking records,
141	and credit agreements; information relating to private
142	contractual data; corporate officer and employee personnel
143	information; information relating to the proceedings and records
144	of the credentialing panels and committees and of the governing
145	board of the Florida Alzheimer's Center and Research Institute
146	relating to credentialing; minutes of meetings of the governing
147	board of the institute; and information that reveals plans for
148	marketing services that the institute reasonably expects to be
149	provided by competitors be made confidential and exempt from
150	public disclosure. The institute must compete directly with its
151	private-sector counterparts. Its economic survival depends on
152	the institute’s ability to so compete. As such, these exemptions
153	are necessary because release of such information and records
154	would adversely impact the institute in the competitive health
155	care and medical research environment. Disclosure of such
156	information and records would place the institute on an unequal
157	footing in the marketplace as compared with private health care
158	providers that are not required to disclose such confidential
159	and exempt information and records. The highly confidential
160	nature of Alzheimer-related research discoveries necessitates
161	that the institute be authorized to maintain confidential
162	information it receives from, or generates for, the sponsors of
163	its research. Accordingly, disclosure of such information and
164	records would impede the effective and efficient administration
165	of the Florida Alzheimer’s Center and Research Institute and
166	would create an unfair competitive advantage for persons or
167	entities receiving such information. Also, such information and
168	records contain information of a sensitive, personal nature
169	regarding corporate officers and employees. Disclosure of such
170	information could be harmful to the officer or employee. It is
171	likewise a public necessity that the meetings of the governing
172	board of the institute be closed in order to protect the
173	competitive interest of the institute and to guarantee the
174	ability of the governing board to fulfill its Alzheimer’s
175	disease research and teaching mission for the benefit of the
176	public. Closing access to such board meetings enables the boards
177	to be more open and frank in the information so provided and
178	discussed without the attendant fear that honest and truthful
179	exchange of information will result in the public dissemination
180	of information discussed that could be used to harm the
181	institute and its members. Furthermore, disclosing information
182	and records made confidential and exempt pursuant to the
183	institute’s public records exemption via an open meeting defeats
184	the purpose of the public records exemption.
185	Section 4. If any law amended by this act was also amended
186	by a law enacted at the 2003 Regular Session of the Legislature,
187	such laws shall be construed as if they had been enacted at the
188	same session of the Legislature, and full effect shall be given
189	to each if possible.
190	Section 5. This act shall take effect upon becoming a law.