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
    18-1171-04




 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

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    Florida Senate - 2004                                  SB 2922
    18-1171-04




 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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    Florida Senate - 2004                                  SB 2922
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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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    Florida Senate - 2004                                  SB 2922
    18-1171-04




 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.

13  

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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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