HB 0147

CS

CHAMBER ACTION

1	The Committee on State Administration recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to public records and public meetings
8	exemptions; amending s. 1004.43, F.S.; expanding the public
9	records exemption for proprietary confidential business
10	information owned or controlled by the H. Lee Moffitt Cancer
11	Center and Research Institute to include information relating to
12	methods of manufacture or production, potential trade secrets,
13	potentially patentable material, and proprietary information
14	received, generated, ascertained, or discovered during the
15	course of research, and business transactions resulting from
16	such research; expanding the public records exemption to include
17	information received from another state or nation or the Federal
18	Government which is otherwise exempt or confidential pursuant to
19	the laws of that state or nation or pursuant to federal law;
20	providing for future review and repeal; providing a statement of
21	public necessity; amending s. 1004.445, F.S.; creating a public
22	records exemption for proprietary confidential business
23	information owned or controlled by the Florida Alzheimer's
24	Center and Research Institute; specifying types of information
25	that are deemed proprietary confidential business information;
26	defining "managed care" for purposes of the act; creating a
27	public meetings exemption for  specified meetings or portions of
28	meetings of the governing board of the Florida Alzheimer?s
29	Center and Research Institute; providing for future review and
30	repeal; providing a statement of public necessity; providing an
31	effective date.
32
33	Be It Enacted by the Legislature of the State of Florida:
34
35	Section 1.  Paragraph (b) of subsection (8) of section
36	1004.43, Florida Statutes, is amended to read:
37	1004.43  H. Lee Moffitt Cancer Center and Research
38	Institute.--There is established the H. Lee Moffitt Cancer
39	Center and Research Institute at the University of South
40	Florida.
41	(8)
42	(b)1.  Proprietary confidential business information is
43	confidential and exempt from the provisions of s. 119.07(1) and
44	s. 24(a), Art. I of the State Constitution. However, the Auditor
45	General, the Office of Program Policy Analysis and Government
46	Accountability, and the State Board of Education, pursuant to
47	their oversight and auditing functions, must be given access to
48	all proprietary confidential business information upon request
49	and without subpoena and must maintain the confidentiality of
50	information so received. As used in this subparagraph paragraph,
51	the term "proprietary confidential business information" means
52	information, regardless of its form or characteristics, which is
53	owned or controlled by the not-for-profit corporation or its
54	subsidiaries; is intended to be and is treated by the not-for-
55	profit corporation or its subsidiaries as private and the
56	disclosure of which would harm the business operations of the
57	not-for-profit corporation or its subsidiaries; has not been
58	intentionally disclosed by the corporation or its subsidiaries
59	unless pursuant to law, an order of a court or administrative
60	body, a legislative proceeding pursuant to s. 5, Art. III of the
61	State Constitution, or a private agreement that provides that
62	the information may be released to the public; and which is
63	information concerning:
64	a.1.  Internal auditing controls and reports of internal
65	auditors;
66	b.2.  Matters reasonably encompassed in privileged
67	attorney-client communications;
68	c.3.  Contracts for managed-care arrangements, including
69	preferred provider organization contracts, health maintenance
70	organization contracts, and exclusive provider organization
71	contracts, and any documents directly relating to the
72	negotiation, performance, and implementation of any such
73	contracts for managed-care arrangements;
74	d.4.  Bids or other contractual data, banking records, and
75	credit agreements the disclosure of which would impair the
76	efforts of the not-for-profit corporation or its subsidiaries to
77	contract for goods or services on favorable terms;
78	e.5.  Information relating to private contractual data, the
79	disclosure of which would impair the competitive interest of the
80	provider of the information;
81	f.6.  Corporate officer and employee personnel information;
82	g.7.  Information relating to the proceedings and records
83	of credentialing panels and committees and of the governing
84	board of the not-for-profit corporation or its subsidiaries
85	relating to credentialing;
86	h.8.  Minutes of meetings of the governing board of the
87	not-for-profit corporation and its subsidiaries, except minutes
88	of meetings open to the public pursuant to subsection (9);
89	i.9.  Information that reveals plans for marketing services
90	that the corporation or its subsidiaries reasonably expect to be
91	provided by competitors;
92	j.10.  Trade secrets as defined in s. 688.002, including
93	information relating to methods of manufacture or production,
94	potential trade secrets, potentially patentable material, or
95	proprietary information received, generated, ascertained, or
96	discovered during the course of research conducted by the not-
97	for-profit corporation or its subsidiaries and business
98	transactions resulting from such research, and reimbursement
99	methodologies or rates; or
100	k.11.  The identity of donors or prospective donors of
101	property who wish to remain anonymous or any information
102	identifying such donors or prospective donors. The anonymity of
103	these donors or prospective donors must be maintained in the
104	auditor's report; or
105	l.  Any information received by the not-for-profit
106	corporation or its subsidiaries from a person in this or another
107	state or nation or the Federal Government which is otherwise
108	exempt or confidential pursuant to the laws of this or another
109	state or nation or pursuant to federal law.
110
111	As used in this subparagraph paragraph, the term "managed care"
112	means systems or techniques generally used by third-party payors
113	or their agents to affect access to and control payment for
114	health care services. Managed-care techniques most often include
115	one or more of the following: prior, concurrent, and
116	retrospective review of the medical necessity and
117	appropriateness of services or site of services; contracts with
118	selected health care providers; financial incentives or
119	disincentives related to the use of specific providers,
120	services, or service sites; controlled access to and
121	coordination of services by a case manager; and payor efforts to
122	identify treatment alternatives and modify benefit restrictions
123	for high-cost patient care.
124	2.  Sub-subparagraphs j. and l. of subparagraph 1. are
125	subject to the Open Government Sunset Review Act of 1995 in
126	accordance with s. 119.15 and shall stand repealed on October 2,
127	2009, unless reviewed and saved from repeal through reenactment
128	by the Legislature.
129	Section 2.  The Legislature finds that it is a public
130	necessity that information relating to methods of manufacture or
131	production, potential trade secrets, potentially patentable
132	materials, or proprietary information received, generated,
133	ascertained, or discovered during the course of research
134	conducted by the not-for-profit corporation organized solely for
135	the purpose of governing and operating the H. Lee Moffitt Cancer
136	Center and Research Institute or its subsidiaries, and business
137	transactions resulting from such research, be held confidential
138	and exempt from public disclosure because the disclosure of such
139	information would adversely impact the not-for-profit
140	corporation or its subsidiaries and would create an unfair
141	competitive advantage for persons receiving such information.
142	If such confidential and exempt information regarding research
143	in progress were released pursuant to a public records request,
144	others would be allowed to take the benefit of the research
145	without compensation or reimbursement to the research center.
146	The Legislature further finds that information received by the
147	not-for-profit corporation or its subsidiaries from a person in
148	this or another state or nation or the Federal Government which
149	is otherwise exempt or confidential pursuant to the laws of this
150	or another state or nation or pursuant to federal law should
151	remain exempt or confidential because the highly confidential
152	nature of cancer-related research necessitates that the not-for-
153	profit corporation or its subsidiaries be authorized to maintain
154	the status of exempt or confidential information it receives
155	from the sponsors of research.  Without the exemptions provided
156	for herein, the disclosure of confidential and exempt
157	information would place the not-for-profit corporation on an
158	unequal footing in the marketplace as compared with its private
159	health care and medical research competitors who are not
160	required to disclose such confidential and exempt information.
161	The Legislature finds that the disclosure of such confidential
162	and exempt information would adversely impact the not-for-profit
163	corporation or its subsidiaries in fulfilling their mission of
164	cancer treatment, research, and education.
165	Section 3.  Subsection (9) of section 1004.445, Florida
166	Statutes, is amended, and subsection (10) is added to said
167	section, to read:
168	1004.445  Florida Alzheimer's Center and Research
169	Institute.--
170	(9)(a)  The following information is confidential and
171	exempt from the provisions of s. 119.07(1) and s. 24, Art. I of
172	the State Constitution:
173	1.(a)  Personal identifying information relating to clients
174	of programs created or funded through the Florida Alzheimer's
175	Center and Research Institute which is held by the institute,
176	the University of South Florida, or the State Board of Education
177	or by persons who provide services to clients of programs
178	created or funded through contracts with the Florida Alzheimer's
179	Center and Research Institute;
180	2.(b)  Any medical or health records relating to patients
181	which may be created or received by the institute;
182	3.  Proprietary confidential business information.  As used
183	in this subparagraph, the term ?proprietary confidential
184	business information? means information, regardless of its form
185	or characteristics, which is owned or controlled by the
186	institute; is intended to be and is treated by the institute as
187	private and the disclosure of which would harm the business
188	operations of the institute; has not been intentionally
189	disclosed by the institute unless pursuant to law, an order of a
190	court or administrative body, a legislative proceeding pursuant
191	to s. 5, Art. III of the State Constitution, or a private
192	agreement that provides that the information may be released to
193	the public; and which is information concerning:
194	a.  Trade secrets as defined in s. 688.002, including
195	information relating
196	(c)  Materials that relate to methods of manufacture or
197	production, potential trade secrets, potentially patentable
198	material, actual trade secrets as defined in s. 688.002, or
199	proprietary information received, generated, ascertained, or
200	discovered during the course of research conducted by or through
201	the institute and business transactions resulting from such
202	research, and reimbursement methodologies or rates.;
203	b.(d)  The identity of a donor or prospective donor to the
204	Florida Alzheimer's Center and Research institute who wishes to
205	remain anonymous, and all information identifying such donor or
206	prospective donor.;
207	c.(e)  Any information received by the institute in the
208	performance of its duties and responsibilities which is
209	otherwise confidential and exempt by law.; and
210	d.(f)  Any information received by the institute from a
211	person from another state or nation or the Federal Government
212	which is otherwise confidential or exempt pursuant to that
213	state's or nation's laws or pursuant to federal law.
214	e.  Internal auditing controls and reports of internal
215	auditors.
216	f.  Contracts for managed-care arrangements, including
217	preferred provider organization contracts, health maintenance
218	organization contracts, and exclusive provider organization
219	contracts, and any documents directly relating to the
220	negotiation, performance, and implementation of any such
221	contracts for managed-care arrangements.
222	g.  Bids or other contractual data, banking records, and
223	credit agreements the disclosure of which would impair the
224	efforts of the institute to contract for goods or services on
225	favorable terms.
226	h.  Information relating to private contractual data, the
227	disclosure of which would impair the competitive interest of the
228	provider of the information.
229	i.  Corporate officer and employee personnel information.
230	j.  Information relating to the proceedings and records of
231	the credentialing panels and committees and of the governing
232	board of the institute relating to credentialing.
233	k.  Minutes of exempt meetings of the governing board of
234	the institute.
235	l.  Information that reveals plans for marketing services
236	that the institute reasonably expects to be provided by
237	competitors.
238
239	As used in this subparagraph, the term ?managed care? means
240	systems or techniques generally used by third-party payors or
241	their agents to affect access to and control payment for health
242	care services.  Managed-care techniques most often include one
243	or more of the following: prior, concurrent, and retrospective
244	review of the medical necessity and appropriateness of services
245	or site of services; contracts with selected health care
246	providers; financial incentives or disincentives related to the
247	use of specific providers, services, or service sites;
248	controlled access to and coordination of services by a case
249	manager; and payor efforts to identify treatment alternatives
250	and modify benefit restrictions for high-cost patient care.
251	(b)  The Auditor General, the Office of Program Policy
252	Analysis and Government Accountability, and the State Board of
253	Education, pursuant to their oversight and auditing functions,
254	shall be given access to all proprietary confidential business
255	information upon request and without subpoena and must maintain
256	the confidentiality of information so received.
257	(c)  Any governmental entity that demonstrates a need to
258	access such confidential and exempt information in order to
259	perform its duties and responsibilities shall have access to
260	such information and shall otherwise keep such information
261	confidential and exempt.
262	(d)  This subsection section is subject to the Open
263	Government Sunset Review Act of 1995 in accordance with s.
264	119.15 and shall stand repealed on October 2, 2009 2006, unless
265	reviewed and saved from repeal through reenactment by the
266	Legislature.
267	(10)(a)  Meetings or portions of meetings of the governing
268	board of the Florida Alzheimer?s Center and Research Institute
269	at which information is discussed that is made confidential and
270	exempt pursuant to subsection (9) are exempt from s. 286.011 and
271	s. 24(b), Art. I of the State Constitution.
272	(b)  This subsection is subject to the Open Government
273	Sunset Review Act of 1995 in accordance with s. 119.15 and shall
274	stand repealed on October 2, 2009, unless reviewed and saved
275	from repeal through reenactment by the Legislature.
276	Section 4.  The Legislature finds that it is a public
277	necessity that proprietary confidential business information
278	owned or controlled by the Florida Alzheimer's Center and
279	Research Institute, which includes reimbursement methodologies
280	or rates; internal auditing controls and reports of internal
281	auditors; contracts for managed-care arrangements and any
282	documents directly relating to the negotiation, performance, and
283	implementation of any such contracts for managed-care
284	arrangements; bids or other contractual data, banking records,
285	and credit agreements; information relating to private
286	contractual data; corporate officer and employee personnel
287	information; information relating to the proceedings and records
288	of the credentialing panels and committees and of the governing
289	board of the institute relating to credentialing; minutes of
290	meetings of the governing board of the institute; and
291	information that reveals plans for marketing services that the
292	institute reasonably expects to be provided by competitors be
293	held confidential and exempt from public disclosure. The
294	institute must compete directly with its private-sector
295	counterparts. Its economic survival depends on the institute?s
296	ability to so compete. As such, these exemptions are necessary
297	because release of this information would adversely impact the
298	institute in the competitive health care and medical research
299	environment. Disclosure of such information would place the
300	institute on an unequal footing in the marketplace as compared
301	with private health care providers that are not required to
302	disclose such confidential and exempt information. The highly
303	confidential nature of Alzheimer-related research discoveries
304	necessitates that the institute be authorized to maintain
305	confidential information it receives from, or generates for, the
306	sponsors of its research. Accordingly, disclosure of such
307	information would impede the effective and efficient
308	administration of the Florida Alzheimer?s Center and Research
309	Institute and would create an unfair competitive advantage for
310	persons or entities receiving such information. Also, such
311	information is of a sensitive, personal nature regarding
312	corporate officers and employees. Disclosure of such information
313	could be harmful to the officer or employee. It is likewise a
314	public necessity that certain meetings or portions of meetings
315	of the governing board of the institute be closed in order to
316	protect the competitive interest of the institute and to
317	guarantee the ability of the governing board to fulfill its
318	Alzheimer?s disease research and teaching mission for the
319	benefit of the public. Furthermore, disclosing information made
320	confidential and exempt pursuant to the institute?s public
321	records exemption via an open meeting defeats the purpose of the
322	public records exemption.
323	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.