Senate Bill sb2922
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Florida Senate - 2004 SB 2922
By Senator Miller
18-1171-04
1 A bill to be entitled
2 An act relating to public records exemptions;
3 amending s. 1004.43, F.S.; clarifying the
4 public records exemption for proprietary
5 confidential business information owned or
6 controlled by the not-for-profit corporation
7 operating the H. Lee Moffitt Cancer Center and
8 Research Institute and its subsidiaries
9 relating to trade secrets; expanding the public
10 records exemption to include information
11 received from a person in this or another state
12 or nation or the Federal Government which is
13 otherwise exempt or confidential pursuant to
14 the laws of this or another state or nation or
15 pursuant to federal law; providing for future
16 review and repeal; providing a statement of
17 public necessity; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraph (b) of subsection (8) of section
22 1004.43, Florida Statutes, is amended to read:
23 1004.43 H. Lee Moffitt Cancer Center and Research
24 Institute.--There is established the H. Lee Moffitt Cancer
25 Center and Research Institute at the University of South
26 Florida.
27 (8)
28 (b) Proprietary confidential business information is
29 confidential and exempt from the provisions of s. 119.07(1)
30 and s. 24(a), Art. I of the State Constitution. However, the
31 Auditor General, the Office of Program Policy Analysis and
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Florida Senate - 2004 SB 2922
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1 Government Accountability, and the State Board of Education,
2 pursuant to their oversight and auditing functions, must be
3 given access to all proprietary confidential business
4 information upon request and without subpoena and must
5 maintain the confidentiality of information so received. As
6 used in this paragraph, the term "proprietary confidential
7 business information" means information, regardless of its
8 form or characteristics, which is owned or controlled by the
9 not-for-profit corporation or its subsidiaries; is intended to
10 be and is treated by the not-for-profit corporation or its
11 subsidiaries as private and the disclosure of which would harm
12 the business operations of the not-for-profit corporation or
13 its subsidiaries; has not been intentionally disclosed by the
14 corporation or its subsidiaries unless pursuant to law, an
15 order of a court or administrative body, a legislative
16 proceeding pursuant to s. 5, Art. III of the State
17 Constitution, or a private agreement that provides that the
18 information may be released to the public; and which is
19 information concerning:
20 1. Internal auditing controls and reports of internal
21 auditors;
22 2. Matters reasonably encompassed in privileged
23 attorney-client communications;
24 3. Contracts for managed-care arrangements, including
25 preferred provider organization contracts, health maintenance
26 organization contracts, and exclusive provider organization
27 contracts, and any documents directly relating to the
28 negotiation, performance, and implementation of any such
29 contracts for managed-care arrangements;
30 4. Bids or other contractual data, banking records,
31 and credit agreements the disclosure of which would impair the
2
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Florida Senate - 2004 SB 2922
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1 efforts of the not-for-profit corporation or its subsidiaries
2 to contract for goods or services on favorable terms;
3 5. Information relating to private contractual data,
4 the disclosure of which would impair the competitive interest
5 of the provider of the information;
6 6. Corporate officer and employee personnel
7 information;
8 7. Information relating to the proceedings and records
9 of credentialing panels and committees and of the governing
10 board of the not-for-profit corporation or its subsidiaries
11 relating to credentialing;
12 8. Minutes of meetings of the governing board of the
13 not-for-profit corporation and its subsidiaries, except
14 minutes of meetings open to the public pursuant to subsection
15 (9);
16 9. Information that reveals plans for marketing
17 services that the corporation or its subsidiaries reasonably
18 expect to be provided by competitors;
19 10. Trade secrets as defined in s. 688.002, including
20 information relating to methods of manufacture or production,
21 potential trade secrets, potentially patentable materials, or
22 proprietary information received, generated, ascertained, or
23 discovered during the course of research conducted by the
24 not-for-profit corporation or its subsidiaries and business
25 transactions resulting from such research, and reimbursement
26 methodologies or rates; or
27 11. The identity of donors or prospective donors of
28 property who wish to remain anonymous or any information
29 identifying such donors or prospective donors. The anonymity
30 of these donors or prospective donors must be maintained in
31 the auditor's report; or.
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Florida Senate - 2004 SB 2922
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1 12. Any information received by the not-for-profit
2 corporation or its subsidiaries from a person in this or
3 another state or nation or the Federal Government which is
4 otherwise exempt or confidential pursuant to the laws of this
5 or another state or nation or pursuant to federal law.
6
7 As used in this paragraph, the term "managed care" means
8 systems or techniques generally used by third-party payors or
9 their agents to affect access to and control payment for
10 health care services. Managed-care techniques most often
11 include one or more of the following: prior, concurrent, and
12 retrospective review of the medical necessity and
13 appropriateness of services or site of services; contracts
14 with selected health care providers; financial incentives or
15 disincentives related to the use of specific providers,
16 services, or service sites; controlled access to and
17 coordination of services by a case manager; and payor efforts
18 to identify treatment alternatives and modify benefit
19 restrictions for high-cost patient care.
20 Section 2. Subparagraph 1004.43(8)(b)12., Florida
21 Statutes, is subject to the Open Government Sunset Review Act
22 of 1995 in accordance with section 119.15, Florida Statutes,
23 and shall stand repealed on October 2, 2009, unless reviewed
24 and saved from repeal through reenactment by the Legislature.
25 Section 3. (1) The Legislature finds that it is a
26 public necessity that trade secrets of the H. Lee Moffitt
27 Cancer Center or its subsidiaries, as defined in section
28 688.002, Florida Statutes, be confidential and exempt from
29 public disclosure. In accordance with that definition, a
30 "trade secret" consists of information that derives economic
31 value, actual or potential, from not being readily
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1 ascertainable by others and that is the subject of reasonable
2 efforts to maintain its secrecy. The Legislature has
3 determined that the disclosure of such information would
4 adversely affect the H. Lee Moffitt Cancer Center and Research
5 Institute and its subsidiaries, which are resources of the
6 State of Florida, and would create an unfair competitive
7 advantage to a person receiving such information.
8 (2) Pursuant to section 119.15, Florida Statutes, the
9 Legislature finds that the amendment to subparagraph
10 1004.43(8)(b)10., Florida Statutes, referencing information
11 relating to methods of manufacture or production, potential
12 trade secrets, potentially patentable materials, or
13 proprietary information received, generated, ascertained, or
14 discovered during the course of research conducted by the H.
15 Lee Moffit Cancer Center and Research Institute or any of its
16 subsidiaries, and business transactions resulting from such
17 research, does not substantially amend the existing exemption.
18 The Legislature finds and declares that each of the classes of
19 information specified meets the test of being a "trade secret"
20 within the meaning of term as defined in section 688.002,
21 Florida Statutes.
22 (3) The Legislature further finds that information
23 received by the not-for-profit corporation or its subsidiaries
24 from a person in this or another state or nation or the
25 Federal Government which is otherwise exempt or confidential
26 pursuant to the laws of this or another state or nation or
27 pursuant to federal law should remain exempt or confidential
28 because the highly confidential nature of cancer-related
29 research necessitates that the not-for-profit corporation or
30 its subsidiaries be authorized to maintain the status of
31 exempt or confidential information it receives from the
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1 sponsors of research. Without the exemptions provided for in
2 this act, the disclosure of exempt and confidential
3 information would place the not-for-profit corporation on an
4 unequal footing in the marketplace as compared with its
5 private health care and medical research competitors that are
6 not required to disclose such exempt and confidential
7 information. The Legislature finds that the disclosure of such
8 exempt and confidential information would adversely impact the
9 not-for-profit corporation or its subsidiaries in fulfilling
10 their mission of cancer treatment, research, and education.
11 Section 4. This act shall take effect upon becoming a
12 law.
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15 SENATE SUMMARY
16 Exempts certain information that constitutes "trade
secrets" of the corporation that operates the H. Lee
17 Moffitt Cancer Center and Research Institute and the
corporation's subsidiaries and information received which
18 is already made confidential by the laws of this or
another state or nation or under federal law from
19 public-records disclosure. Provides for future review and
repeal of the exemption.
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