HB 0147

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

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