HB 0021C 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	providing for construction of the act in pari materia with
19	laws enacted during the 2003 Regular Session, the 2003
20	Special Session A, or the 2003 Special Session B of the
21	Legislature; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Paragraph (b) of subsection (8) of section
26	1004.43, Florida Statutes, is amended to read:
27	1004.43 H. Lee Moffitt Cancer Center and Research
28	Institute.--There is established the H. Lee Moffitt Cancer
29	Center and Research Institute at the University of South
30	Florida.
31	(8)
32	(b) Proprietary confidential business information is
33	confidential and exempt from the provisions of s. 119.07(1) and
34	s. 24(a), Art. I of the State Constitution. However, the Auditor
35	General, the Office of Program Policy Analysis and Government
36	Accountability, and the State Board of Education, pursuant to
37	their oversight and auditing functions, must be given access to
38	all proprietary confidential business information upon request
39	and without subpoena and must maintain the confidentiality of
40	information so received. As used in this paragraph, the term
41	"proprietary confidential business information" means
42	information, regardless of its form or characteristics, which is
43	owned or controlled by the not-for-profit corporation or its
44	subsidiaries; is intended to be and is treated by the not-for-
45	profit corporation or its subsidiaries as private and the
46	disclosure of which would harm the business operations of the
47	not-for-profit corporation or its subsidiaries; has not been
48	intentionally disclosed by the corporation or its subsidiaries
49	unless pursuant to law, an order of a court or administrative
50	body, a legislative proceeding pursuant to s. 5, Art. III of the
51	State Constitution, or a private agreement that provides that
52	the information may be released to the public; and which is
53	information concerning:
54	1. Internal auditing controls and reports of internal
55	auditors;
56	2. Matters reasonably encompassed in privileged attorney-
57	client communications;
58	3. Contracts for managed-care arrangements, including
59	preferred provider organization contracts, health maintenance
60	organization contracts, and exclusive provider organization
61	contracts, and any documents directly relating to the
62	negotiation, performance, and implementation of any such
63	contracts for managed-care arrangements;
64	4. Bids or other contractual data, banking records, and
65	credit agreements the disclosure of which would impair the
66	efforts of the not-for-profit corporation or its subsidiaries to
67	contract for goods or services on favorable terms;
68	5. Information relating to private contractual data, the
69	disclosure of which would impair the competitive interest of the
70	provider of the information;
71	6. Corporate officer and employee personnel information;
72	7. Information relating to the proceedings and records of
73	credentialing panels and committees and of the governing board
74	of the not-for-profit corporation or its subsidiaries relating
75	to credentialing;
76	8. Minutes of meetings of the governing board of the not-
77	for-profit corporation and its subsidiaries, except minutes of
78	meetings open to the public pursuant to subsection (9);
79	9. Information that reveals plans for marketing services
80	that the corporation or its subsidiaries reasonably expect to be
81	provided by competitors;
82	10. Trade secrets as defined in s. 688.002, including
83	reimbursement methodologies or rates; or
84	11. The identity of donors or prospective donors of
85	property who wish to remain anonymous or any information
86	identifying such donors or prospective donors. The anonymity of
87	these donors or prospective donors must be maintained in the
88	auditor's report;.
89	12. Information relating to methods of manufacture or
90	production, potential trade secrets, potentially patentable
91	material, or proprietary information received, generated,
92	ascertained, or discovered during the course of research
93	conducted by the not-for-profit corporation or its subsidiaries
94	and business transactions resulting from such research; or
95	13. Any information received by the not-for-profit
96	corporation or its subsidiaries from a person in this or another
97	state or nation or the Federal Government which is otherwise
98	exempt or confidential pursuant to the laws of this or another
99	state or nation or pursuant to federal law.
100
101	As used in this paragraph, the term "managed care" means systems
102	or techniques generally used by third-party payors or their
103	agents to affect access to and control payment for health care
104	services. Managed-care techniques most often include one or
105	more of the following: prior, concurrent, and retrospective
106	review of the medical necessity and appropriateness of services
107	or site of services; contracts with selected health care
108	providers; financial incentives or disincentives related to the
109	use of specific providers, services, or services sites;
110	controlled access to and coordination of services by a case
111	manager; and payor efforts to identify treatment alternatives
112	and modify benefit restrictions for high-cost patient care.
113	Section 2. Subparagraphs 12. and 13. of paragraph (b) of
114	subsection (8) of s. 1004.43, Florida Statutes, are subject to
115	the Open Government Sunset Review Act of 1995 in accordance with
116	s. 119.15, Florida Statutes, and shall stand repealed on October
117	2, 2008, unless reviewed and saved from repeal through
118	reenactment by the Legislature.
119	Section 3. The Legislature finds that it is a public
120	necessity that information relating to methods of manufacture or
121	production, potential trade secrets, potentially patentable
122	materials, or proprietary information received, generated,
123	ascertained, or discovered during the course of research
124	conducted by the H. Lee Moffitt Cancer Center and Research
125	Institute or any of its subsidiaries, and business transactions
126	resulting from such research, be made confidential and exempt
127	from public disclosure, because the disclosure of such
128	information would adversely impact the not-for-profit
129	corporation or its subsidiaries and would create an unfair
130	competitive advantage for the persons receiving such
131	information. If such confidential and exempt information
132	regarding research in progress were released pursuant to a
133	public records request, others would be allowed to take the
134	benefit of the research without compensation or reimbursement to
135	the research center. The Legislature further finds that
136	information received by the not-for-profit corporation or its
137	subsidiaries from a person in this or another state or nation or
138	the Federal Government which is otherwise exempt or confidential
139	pursuant to the laws of this or another state or nation or
140	pursuant to federal law should remain exempt or confidential
141	because the highly confidential nature of cancer-related
142	research necessitates that the not-for-profit corporation or its
143	subsidiaries be authorized to maintain the status of exempt or
144	confidential information it receives from the sponsors of
145	research. Without the exemptions provided for herein, the
146	disclosure of confidential and exempt information would place
147	the not-for-profit corporation on an unequal footing in the
148	marketplace as compared with its private health care and medical
149	research competitors that are not required to disclose such
150	confidential and exempt information. The Legislature finds that
151	the disclosure of such confidential and exempt information would
152	adversely impact the not-for-profit corporation or its
153	subsidiaries in fulfilling their mission of cancer treatment,
154	research, and education.
155	Section 4. If any law amended by this act was also amended
156	by a law enacted at the 2003 Regular Session, the 2003 Special
157	Session A, or the 2003 Special Session B of the Legislature,
158	such laws shall be construed as if they had been enacted at the
159	same session of the Legislature, and full effect shall be given
160	to each if possible.
161	Section 5. This act shall take effect upon becoming a law.