HB 0007B 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 2003 Regular Session
17	or the 2003 Special Session A of the Legislature;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Subsection (9) of section 1004.445, Florida
23	Statutes, is amended, and subsection (10) is added to said
24	section, to read:
25	1004.445 Florida Alzheimer's Center and Research
26	Institute.--
27	(9)(a)The following information is confidential and
28	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
29	of the State Constitution:
30	1.(a)Personal identifying information relating to clients
31	of programs created or funded through the Florida Alzheimer's
32	Center and Research Institute which is held by the institute,
33	the University of South Florida, or theState Board of Education
34	or by persons who provide services to clients of programs
35	created or funded through contracts with the Florida Alzheimer's
36	Center and Research Institute;
37	2.(b) Any medical or health records relating to patients
38	heldwhich may be created or received by the institute; and
39	3.(c)Proprietary confidential business information. As
40	used in this subparagraph, the term "proprietary confidential
41	business information” means information, regardless of its form
42	or characteristics, which is owned or controlled by the
43	institute; is intended to be and is treated by the institute as
44	private and the disclosure of which would harm the business
45	operations of the institute; has not been intentionally
46	disclosed by the institute unless pursuant to law, an order of a
47	court or administrative body, a legislative proceeding pursuant
48	to s. 5, Art. III of the State Constitution, or a private
49	agreement that provides that the information may be released to
50	the public; and which is information concerning:
51	a.Materials that relate to methods of manufacture or
52	production, potential trade secrets, potentially patentable
53	material, actual trade secrets as defined in s. 688.002, or
54	proprietary information received, generated, ascertained, or
55	discovered during the course of research conducted by or through
56	the institute and business transactions resulting from such
57	research;
58	b.(d) The identity of a donor or prospective donor to the
59	instituteFlorida Alzheimer's Center and Research Institutewho
60	wishes to remain anonymous, and all information identifying such
61	donor or prospective donor;
62	c.(e)Any information received by the institute in the
63	performance of its duties and responsibilities which is
64	otherwise confidential and exempt by law; and
65	d.(f)Any information received by the institute from a
66	person from this oranother state or nation or the Federal
67	Government which is otherwise exempt or confidential or exempt
68	pursuant to this or anotherthatstate's or nation's laws or
69	pursuant to federal law;
70	e. Internal auditing controls and reports of internal
71	auditors;
72	f. Contracts for managed-care arrangements, including
73	preferred provider organization contracts, health maintenance
74	organization contracts, and exclusive provider organization
75	contracts, and any documents directly relating to the
76	negotiation, performance, and implementation of any such
77	contracts for managed-care arrangements;
78	g. Bids or other contractual data, banking records, and
79	credit agreements the disclosure of which would impair the
80	efforts of the institute to contract for goods or services on
81	favorable terms;
82	h. Information relating to private contractual data, the
83	disclosure of which would impair the competitive interest of the
84	provider of the information;
85	i. Corporate officer and employee personnel information;
86	j. Information relating to the proceedings and records of
87	the credentialing panels and committees and of the governing
88	board of the institute relating to credentialing;
89	k. Minutes of meetings of the governing board of the
90	institute, except minutes of meetings open to the public
91	pursuant to subsection (10); and
92	l. Information that reveals plans for marketing services
93	that the institute reasonably expects to be provided by
94	competitors.
95
96	As used in this subparagraph, the term "managed care” means
97	systems or techniques generally used by third-party payors or
98	their agents to affect access to and control payment for health
99	care services. Managed-care techniques most often include one or
100	more of the following: prior, concurrent, and retrospective
101	review of the medical necessity and appropriateness of services
102	or site of services; contracts with selected health care
103	providers; financial incentives or disincentives related to the
104	use of specific providers, services, or service sites;
105	controlled access to and coordination of services by a case
106	manager; and payor efforts to identify treatment alternatives
107	and modify benefit restrictions for high-cost patient care.
108	(b) The Auditor General, the Office of Program Policy
109	Analysis and Government Accountability, and the State Board of
110	Education, pursuant to their oversight and auditing functions,
111	must be given access to all proprietary confidential business
112	information upon request and without subpoena and must maintain
113	the confidentiality of information so received.
114	(c)Any governmental entity that demonstrates a need to
115	access such confidential and exempt information in order to
116	perform its duties and responsibilities shall have access to
117	such information and shall otherwise keep such information
118	confidential and exempt. This section is subject to the Open
119	Government Sunset Review Act of 1995 in accordance with s.
120	119.15 and shall stand repealed on October 2, 2006, unless
121	reviewed and saved from repeal through reenactment by the
122	Legislature.
123	(10) Meetings or portions of meetings of the governing
124	board of the Florida Alzheimer’s Center and Research Institute
125	at which information is discussed that is made confidential and
126	exempt pursuant to subsection (9) are exempt from s. 286.011 and
127	s. 24(b), Art. I of the State Constitution.
128	Section 2. Subsections (9) and (10) of s. 1004.445,
129	Florida Statutes, are subject to the Open Government Sunset
130	Review Act of 1995 in accordance with s. 119.15, Florida
131	Statutes, and shall stand repealed on October 2, 2008, unless
132	reviewed and saved from repeal through reenactment by the
133	Legislature.
134	Section 3. The Legislature finds that it is a public
135	necessity that proprietary confidential business information
136	owned or controlled by the Florida Alzheimer's Center and
137	Research Institute; internal auditing controls and reports of
138	internal auditors; contracts for managed-care arrangements and
139	any documents directly relating to the negotiation, performance,
140	and implementation of any such contracts for managed-care
141	arrangements; bids or other contractual data, banking records,
142	and credit agreements; information relating to private
143	contractual data; corporate officer and employee personnel
144	information; information relating to the proceedings and records
145	of the credentialing panels and committees and of the governing
146	board of the Florida Alzheimer's Center and Research Institute
147	relating to credentialing; minutes of meetings of the governing
148	board of the institute; and information that reveals plans for
149	marketing services that the institute reasonably expects to be
150	provided by competitors be made confidential and exempt from
151	public disclosure. The institute must compete directly with its
152	private-sector counterparts. Its economic survival depends on
153	the institute’s ability to so compete. As such, these exemptions
154	are necessary because release of such information and records
155	would adversely impact the institute in the competitive health
156	care and medical research environment. Disclosure of such
157	information and records would place the institute on an unequal
158	footing in the marketplace as compared with private health care
159	providers that are not required to disclose such confidential
160	and exempt information and records. The highly confidential
161	nature of Alzheimer-related research discoveries necessitates
162	that the institute be authorized to maintain confidential
163	information it receives from, or generates for, the sponsors of
164	its research. Accordingly, disclosure of such information and
165	records would impede the effective and efficient administration
166	of the Florida Alzheimer’s Center and Research Institute and
167	would create an unfair competitive advantage for persons or
168	entities receiving such information. Also, such information and
169	records contain information of a sensitive, personal nature
170	regarding corporate officers and employees. Disclosure of such
171	information could be harmful to the officer or employee. It is
172	likewise a public necessity that the meetings of the governing
173	board of the institute be closed in order to protect the
174	competitive interest of the institute and to guarantee the
175	ability of the governing board to fulfill its Alzheimer’s
176	disease research and teaching mission for the benefit of the
177	public. Closing access to such board meetings enables the boards
178	to be more open and frank in the information so provided and
179	discussed without the attendant fear that honest and truthful
180	exchange of information will result in the public dissemination
181	of information discussed that could be used to harm the
182	institute and its members. Furthermore, disclosing information
183	and records made confidential and exempt pursuant to the
184	institute’s public records exemption via an open meeting defeats
185	the purpose of the public records exemption.
186	Section 4. If any law amended by this act was also amended
187	by a law enacted at the 2003 Regular Session of the Legislature
188	or at the 2003 Special Session A of the Legislature, such laws
189	shall be construed as if they had been enacted at the same
190	session of the Legislature, and full effect shall be given to
191	each if possible.
192	Section 5. This act shall take effect upon becoming a law.