Senate Bill sb1082c1

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    Florida Senate - 2005                           CS for SB 1082

    By the Committee on Governmental Oversight and Productivity;
    and Senators Miller and Atwater




    585-2022-05

  1                      A bill to be entitled

  2         An act relating to a public-records exemption;

  3         amending s. 1004.43, F.S.; expanding 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

10         exemption to include information received from

11         an agency in this or another state or nation or

12         the Federal Government which is otherwise

13         exempt or confidential pursuant to the laws of

14         this or another state or nation or pursuant to

15         federal law; providing for future review and

16         repeal under the Open Government Sunset Review

17         Act; providing a statement of public necessity;

18         providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  Paragraph (b) of subsection (8) of section

23  1004.43, Florida Statutes, is amended, and paragraph (c) is

24  added to that subsection, to read:

25         1004.43  H. Lee Moffitt Cancer Center and Research

26  Institute.--There is established the H. Lee Moffitt Cancer

27  Center and Research Institute at the University of South

28  Florida.

29         (8)

30         (b)  Proprietary confidential business information is

31  confidential and exempt from the provisions of s. 119.07(1)

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    Florida Senate - 2005                           CS for SB 1082
    585-2022-05




 1  and s. 24(a), Art. I of the State Constitution. However, the

 2  Auditor General, the Office of Program Policy Analysis and

 3  Government Accountability, and the State Board of Education,

 4  pursuant to their oversight and auditing functions, must be

 5  given access to all proprietary confidential business

 6  information upon request and without subpoena and must

 7  maintain the confidentiality of information so received. As

 8  used in this paragraph, the term "proprietary confidential

 9  business information" means information, regardless of its

10  form or characteristics, which is owned or controlled by the

11  not-for-profit corporation or its subsidiaries; is intended to

12  be and is treated by the not-for-profit corporation or its

13  subsidiaries as private and the disclosure of which would harm

14  the business operations of the not-for-profit corporation or

15  its subsidiaries; has not been intentionally disclosed by the

16  corporation or its subsidiaries unless pursuant to law, an

17  order of a court or administrative body, a legislative

18  proceeding pursuant to s. 5, Art. III of the State

19  Constitution, or a private agreement that provides that the

20  information may be released to the public; and which is

21  information concerning:

22         1.  Internal auditing controls and reports of internal

23  auditors;

24         2.  Matters reasonably encompassed in privileged

25  attorney-client communications;

26         3.  Contracts for managed-care arrangements, including

27  preferred provider organization contracts, health maintenance

28  organization contracts, and exclusive provider organization

29  contracts, and any documents directly relating to the

30  negotiation, performance, and implementation of any such

31  contracts for managed-care arrangements;

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    Florida Senate - 2005                           CS for SB 1082
    585-2022-05




 1         4.  Bids or other contractual data, banking records,

 2  and credit agreements the disclosure of which would impair the

 3  efforts of the not-for-profit corporation or its subsidiaries

 4  to contract for goods or services on favorable terms;

 5         5.  Information relating to private contractual data,

 6  the disclosure of which would impair the competitive interest

 7  of the provider of the information;

 8         6.  Corporate officer and employee personnel

 9  information;

10         7.  Information relating to the proceedings and records

11  of credentialing panels and committees and of the governing

12  board of the not-for-profit corporation or its subsidiaries

13  relating to credentialing;

14         8.  Minutes of meetings of the governing board of the

15  not-for-profit corporation and its subsidiaries, except

16  minutes of meetings open to the public pursuant to subsection

17  (9);

18         9.  Information that reveals plans for marketing

19  services that the corporation or its subsidiaries reasonably

20  expect to be provided by competitors;

21         10.  Trade secrets as defined in s. 688.002, including:

22         a.  Information relating to methods of manufacture or

23  production, potential trade secrets, potentially patentable

24  materials, or proprietary information received, generated,

25  ascertained, or discovered during the course of research

26  conducted by the not-for-profit corporation or its

27  subsidiaries; and

28         b.  Reimbursement methodologies or rates; or

29         11.  The identity of donors or prospective donors of

30  property who wish to remain anonymous or any information

31  identifying such donors or prospective donors. The anonymity

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    Florida Senate - 2005                           CS for SB 1082
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 1  of these donors or prospective donors must be maintained in

 2  the auditor's report; or.

 3         12.  Any information received by the not-for-profit

 4  corporation or its subsidiaries from an agency in this or

 5  another state or nation or the Federal Government which is

 6  otherwise exempt or confidential pursuant to the laws of this

 7  or another state or nation or pursuant to federal law.

 8  

 9  As used in this paragraph, the term "managed care" means

10  systems or techniques generally used by third-party payors or

11  their agents to affect access to and control payment for

12  health care services. Managed-care techniques most often

13  include one or more of the following: prior, concurrent, and

14  retrospective review of the medical necessity and

15  appropriateness of services or site of services; contracts

16  with selected health care providers; financial incentives or

17  disincentives related to the use of specific providers,

18  services, or service sites; controlled access to and

19  coordination of services by a case manager; and payor efforts

20  to identify treatment alternatives and modify benefit

21  restrictions for high-cost patient care.

22         (c)  Subparagraphs 10. and 12. of paragraph (b) are

23  subject to the Open Government Sunset Review Act of 1995 in

24  accordance with s. 119.15 and shall stand repealed on October

25  2, 2010, unless reviewed and saved from repeal through

26  reenactment by the Legislature.

27         Section 2.  The Legislature finds that it is a public

28  necessity that information relating to methods of manufacture

29  or production, potential trade secrets, potentially patentable

30  materials, or proprietary information received, generated,

31  ascertained, or discovered during the course of research

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    Florida Senate - 2005                           CS for SB 1082
    585-2022-05




 1  conducted by the not-for-profit corporation organized solely

 2  for the purpose of governing and operating the H. Lee Moffitt

 3  Cancer Center and Research Institute or its subsidiaries be

 4  held confidential and exempt from public disclosure because

 5  the disclosure of such information would adversely impact the

 6  not-for-profit corporation or its subsidiaries and would

 7  create an unfair competitive advantage for persons receiving

 8  such information. If such confidential and exempt information

 9  regarding research in progress were released pursuant to a

10  public-records request, others would be allowed to take the

11  benefit of the research without compensation or reimbursement

12  to the research center. The Legislature further finds that it

13  is a public necessity that information received by the

14  not-for-profit corporation or its subsidiaries from an agency

15  in this or another state or nation or the Federal Government

16  which is otherwise exempt or confidential from public

17  disclosure pursuant to the laws of this or another state or

18  nation or pursuant to federal law should remain exempt or

19  confidential from public-records requirements because the

20  highly confidential nature of cancer-related research

21  necessitates that the not-for-profit corporation or its

22  subsidiaries be authorized to maintain the status of the

23  exempt or confidential information it receives.  Without the

24  exemptions provided for in this act, the disclosure of

25  confidential and exempt information would place the

26  not-for-profit corporation on an unequal footing in the

27  marketplace as compared with its private health care and

28  medical research competitors that are not required to disclose

29  such confidential and exempt information. The Legislature

30  finds that the disclosure of such confidential and exempt

31  information would adversely impact the not-for-profit

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    Florida Senate - 2005                           CS for SB 1082
    585-2022-05




 1  corporation or its subsidiaries in fulfilling their mission of

 2  cancer treatment, research, and education.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 1082

 8                                 

 9  Removes proprietary and confidential information relating to
    business transactions resulting from research from the bill.
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    Modifies statement of public necessity to reflect this change.
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