Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1082
                        Barcode 223656
                            CHAMBER ACTION
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11  The Committee on Governmental Oversight and Productivity
12  (Margolis) recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (b) of subsection (8) of section
19  1004.43, Florida Statutes, is amended, and paragraph (c) is
20  added to that subsection, to read:
21         1004.43  H. Lee Moffitt Cancer Center and Research
22  Institute.--There is established the H. Lee Moffitt Cancer
23  Center and Research Institute at the University of South
24  Florida.
25         (8)
26         (b)  Proprietary confidential business information is
27  confidential and exempt from the provisions of s. 119.07(1)
28  and s. 24(a), Art. I of the State Constitution. However, the
29  Auditor General, the Office of Program Policy Analysis and
30  Government Accountability, and the State Board of Education,
31  pursuant to their oversight and auditing functions, must be
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1082 Barcode 223656 1 given access to all proprietary confidential business 2 information upon request and without subpoena and must 3 maintain the confidentiality of information so received. As 4 used in this paragraph, the term "proprietary confidential 5 business information" means information, regardless of its 6 form or characteristics, which is owned or controlled by the 7 not-for-profit corporation or its subsidiaries; is intended to 8 be and is treated by the not-for-profit corporation or its 9 subsidiaries as private and the disclosure of which would harm 10 the business operations of the not-for-profit corporation or 11 its subsidiaries; has not been intentionally disclosed by the 12 corporation or its subsidiaries unless pursuant to law, an 13 order of a court or administrative body, a legislative 14 proceeding pursuant to s. 5, Art. III of the State 15 Constitution, or a private agreement that provides that the 16 information may be released to the public; and which is 17 information concerning: 18 1. Internal auditing controls and reports of internal 19 auditors; 20 2. Matters reasonably encompassed in privileged 21 attorney-client communications; 22 3. Contracts for managed-care arrangements, including 23 preferred provider organization contracts, health maintenance 24 organization contracts, and exclusive provider organization 25 contracts, and any documents directly relating to the 26 negotiation, performance, and implementation of any such 27 contracts for managed-care arrangements; 28 4. Bids or other contractual data, banking records, 29 and credit agreements the disclosure of which would impair the 30 efforts of the not-for-profit corporation or its subsidiaries 31 to contract for goods or services on favorable terms; 2 10:42 AM 04/08/05 s1082d-go35-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1082 Barcode 223656 1 5. Information relating to private contractual data, 2 the disclosure of which would impair the competitive interest 3 of the provider of the information; 4 6. Corporate officer and employee personnel 5 information; 6 7. Information relating to the proceedings and records 7 of credentialing panels and committees and of the governing 8 board of the not-for-profit corporation or its subsidiaries 9 relating to credentialing; 10 8. Minutes of meetings of the governing board of the 11 not-for-profit corporation and its subsidiaries, except 12 minutes of meetings open to the public pursuant to subsection 13 (9); 14 9. Information that reveals plans for marketing 15 services that the corporation or its subsidiaries reasonably 16 expect to be provided by competitors; 17 10. Trade secrets as defined in s. 688.002, including: 18 a. Information relating to methods of manufacture or 19 production, potential trade secrets, potentially patentable 20 materials, or proprietary information received, generated, 21 ascertained, or discovered during the course of research 22 conducted by the not-for-profit corporation or its 23 subsidiaries; and 24 b. Reimbursement methodologies or rates; or 25 11. The identity of donors or prospective donors of 26 property who wish to remain anonymous or any information 27 identifying such donors or prospective donors. The anonymity 28 of these donors or prospective donors must be maintained in 29 the auditor's report; or. 30 12. Any information received by the not-for-profit 31 corporation or its subsidiaries from an agency in this or 3 10:42 AM 04/08/05 s1082d-go35-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1082 Barcode 223656 1 another state or nation or the Federal Government which is 2 otherwise exempt or confidential pursuant to the laws of this 3 or another state or nation or pursuant to federal law. 4 5 As used in this paragraph, the term "managed care" means 6 systems or techniques generally used by third-party payors or 7 their agents to affect access to and control payment for 8 health care services. Managed-care techniques most often 9 include one or more of the following: prior, concurrent, and 10 retrospective review of the medical necessity and 11 appropriateness of services or site of services; contracts 12 with selected health care providers; financial incentives or 13 disincentives related to the use of specific providers, 14 services, or service sites; controlled access to and 15 coordination of services by a case manager; and payor efforts 16 to identify treatment alternatives and modify benefit 17 restrictions for high-cost patient care. 18 (c) Subparagraphs 10. and 12. of paragraph (b) are 19 subject to the Open Government Sunset Review Act of 1995 in 20 accordance with s. 119.15 and shall stand repealed on October 21 2, 2010, unless reviewed and saved from repeal through 22 reenactment by the Legislature. 23 Section 2. The Legislature finds that it is a public 24 necessity that information relating to methods of manufacture 25 or production, potential trade secrets, potentially patentable 26 materials, or proprietary information received, generated, 27 ascertained, or discovered during the course of research 28 conducted by the not-for-profit corporation organized solely 29 for the purpose of governing and operating the H. Lee Moffitt 30 Cancer Center and Research Institute or its subsidiaries be 31 held confidential and exempt from public disclosure because 4 10:42 AM 04/08/05 s1082d-go35-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1082 Barcode 223656 1 the disclosure of such information would adversely impact the 2 not-for-profit corporation or its subsidiaries and would 3 create an unfair competitive advantage for persons receiving 4 such information. If such confidential and exempt information 5 regarding research in progress were released pursuant to a 6 public records request, others would be allowed to take the 7 benefit of the research without compensation or reimbursement 8 to the research center. The Legislature further finds that it 9 is a public necessity that information received by the 10 not-for-profit corporation or its subsidiaries from an agency 11 in this or another state or nation or the Federal Government 12 which is otherwise exempt or confidential from public 13 disclosure pursuant to the laws of this or another state or 14 nation or pursuant to federal law should remain exempt or 15 confidential from public records requirements because the 16 highly confidential nature of cancer-related research 17 necessitates that the not-for-profit corporation or its 18 subsidiaries be authorized to maintain the status of the 19 exempt or confidential information it receives. Without the 20 exemptions provided for in this act, the disclosure of 21 confidential and exempt information would place the 22 not-for-profit corporation on an unequal footing in the 23 marketplace as compared with its private health care and 24 medical research competitors that are not required to disclose 25 such confidential and exempt information. The Legislature 26 finds that the disclosure of such confidential and exempt 27 information would adversely impact the not-for-profit 28 corporation or its subsidiaries in fulfilling their mission of 29 cancer treatment, research, and education. 30 Section 3. This act shall take effect upon becoming a 31 law. 5 10:42 AM 04/08/05 s1082d-go35-t01
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1082 Barcode 223656 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 A bill to be entitled 7 An act relating to a public records exemption; 8 amending s. 1004.43, F.S.; expanding the public 9 records exemption for proprietary confidential 10 business information owned or controlled by the 11 not-for-profit corporation operating the H. Lee 12 Moffitt Cancer Center and Research Institute 13 and its subsidiaries relating to trade secrets; 14 expanding the exemption to include information 15 received from an agency in this or another 16 state or nation or the Federal Government which 17 is otherwise exempt or confidential pursuant to 18 the laws of this or another state or nation or 19 pursuant to federal law; providing for future 20 review and repeal; providing a statement of 21 public necessity; providing an effective date. 22 23 24 25 26 27 28 29 30 31 6 10:42 AM 04/08/05 s1082d-go35-t01