HB 0147 2004
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 an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1. Paragraph (b) of subsection (8) of section
23	1004.43, Florida Statutes, is amended to read:
24	1004.43 H. Lee Moffitt Cancer Center and Research
25	Institute.--There is established the H. Lee Moffitt Cancer
26	Center and Research Institute at the University of South
27	Florida.
28	(8)
29	(b) Proprietary confidential business information is
30	confidential and exempt from the provisions of s. 119.07(1) and
31	s. 24(a), Art. I of the State Constitution. However, the Auditor
32	General, the Office of Program Policy Analysis and Government
33	Accountability, and the State Board of Education, pursuant to
34	their oversight and auditing functions, must be given access to
35	all proprietary confidential business information upon request
36	and without subpoena and must maintain the confidentiality of
37	information so received. As used in this paragraph, the term
38	"proprietary confidential business information" means
39	information, regardless of its form or characteristics, which is
40	owned or controlled by the not-for-profit corporation or its
41	subsidiaries; is intended to be and is treated by the not-for-
42	profit corporation or its subsidiaries as private and the
43	disclosure of which would harm the business operations of the
44	not-for-profit corporation or its subsidiaries; has not been
45	intentionally disclosed by the corporation or its subsidiaries
46	unless pursuant to law, an order of a court or administrative
47	body, a legislative proceeding pursuant to s. 5, Art. III of the
48	State Constitution, or a private agreement that provides that
49	the information may be released to the public; and which is
50	information concerning:
51	1. Internal auditing controls and reports of internal
52	auditors;
53	2. Matters reasonably encompassed in privileged attorney-
54	client communications;
55	3. Contracts for managed-care arrangements, including
56	preferred provider organization contracts, health maintenance
57	organization contracts, and exclusive provider organization
58	contracts, and any documents directly relating to the
59	negotiation, performance, and implementation of any such
60	contracts for managed-care arrangements;
61	4. Bids or other contractual data, banking records, and
62	credit agreements the disclosure of which would impair the
63	efforts of the not-for-profit corporation or its subsidiaries to
64	contract for goods or services on favorable terms;
65	5. Information relating to private contractual data, the
66	disclosure of which would impair the competitive interest of the
67	provider of the information;
68	6. Corporate officer and employee personnel information;
69	7. Information relating to the proceedings and records of
70	credentialing panels and committees and of the governing board
71	of the not-for-profit corporation or its subsidiaries relating
72	to credentialing;
73	8. Minutes of meetings of the governing board of the not-
74	for-profit corporation and its subsidiaries, except minutes of
75	meetings open to the public pursuant to subsection (9);
76	9. Information that reveals plans for marketing services
77	that the corporation or its subsidiaries reasonably expect to be
78	provided by competitors;
79	10. Trade secrets as defined in s. 688.002, including
80	reimbursement methodologies or rates; or
81	11. The identity of donors or prospective donors of
82	property who wish to remain anonymous or any information
83	identifying such donors or prospective donors. The anonymity of
84	these donors or prospective donors must be maintained in the
85	auditor's report;.
86	12. Information relating to methods of manufacture or
87	production, potential trade secrets, potentially patentable
88	material, or proprietary information received, generated,
89	ascertained, or discovered during the course of research
90	conducted by the not-for-profit corporation or its subsidiaries
91	and business transactions resulting from such research; or
92	13. Any information received by the not-for-profit
93	corporation or its subsidiaries from a person in this or another
94	state or nation or the Federal Government which is otherwise
95	exempt or confidential pursuant to the laws of this or another
96	state or nation or pursuant to federal law.
97
98	As used in this paragraph, the term "managed care" means systems
99	or techniques generally used by third-party payors or their
100	agents to affect access to and control payment for health care
101	services. Managed-care techniques most often include one or
102	more of the following: prior, concurrent, and retrospective
103	review of the medical necessity and appropriateness of services
104	or site of services; contracts with selected health care
105	providers; financial incentives or disincentives related to the
106	use of specific providers, services, or services sites;
107	controlled access to and coordination of services by a case
108	manager; and payor efforts to identify treatment alternatives
109	and modify benefit restrictions for high-cost patient care.
110	Section 2. Subparagraphs 12. and 13. of paragraph (b) of
111	subsection (8) of s. 1004.43, Florida Statutes, are subject to
112	the Open Government Sunset Review Act of 1995 in accordance with
113	s. 119.15, Florida Statutes, and shall stand repealed on October
114	2, 2009, unless reviewed and saved from repeal through
115	reenactment by the Legislature.
116	Section 3. The Legislature finds that it is a public
117	necessity that information relating to methods of manufacture or
118	production, potential trade secrets, potentially patentable
119	materials, or proprietary information received, generated,
120	ascertained, or discovered during the course of research
121	conducted by the H. Lee Moffitt Cancer Center and Research
122	Institute or any of its subsidiaries, and business transactions
123	resulting from such research, be made confidential and exempt
124	from public disclosure, because the disclosure of such
125	information would adversely impact the not-for-profit
126	corporation or its subsidiaries and would create an unfair
127	competitive advantage for the persons receiving such
128	information. If such confidential and exempt information
129	regarding research in progress were released pursuant to a
130	public records request, others would be allowed to take the
131	benefit of the research without compensation or reimbursement to
132	the research center. The Legislature further finds that
133	information received by the not-for-profit corporation or its
134	subsidiaries from a person in this or another state or nation or
135	the Federal Government which is otherwise exempt or confidential
136	pursuant to the laws of this or another state or nation or
137	pursuant to federal law should remain exempt or confidential
138	because the highly confidential nature of cancer-related
139	research necessitates that the not-for-profit corporation or its
140	subsidiaries be authorized to maintain the status of exempt or
141	confidential information it receives from the sponsors of
142	research. Without the exemptions provided for herein, the
143	disclosure of confidential and exempt information would place
144	the not-for-profit corporation on an unequal footing in the
145	marketplace as compared with its private health care and medical
146	research competitors that are not required to disclose such
147	confidential and exempt information. The Legislature finds that
148	the disclosure of such confidential and exempt information would
149	adversely impact the not-for-profit corporation or its
150	subsidiaries in fulfilling their mission of cancer treatment,
151	research, and education.
152	Section 4. This act shall take effect upon becoming a law.