HB 0449

CS

CHAMBER ACTION

1	The Governmental Operations Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act relating to a public records exemption; amending s.
8	1004.43, F.S.; expanding the public records exemption for
9	proprietary confidential business information owned or
10	controlled by the not-for-profit corporation operating the
11	H. Lee Moffitt Cancer Center and Research Institute and
12	its subsidiaries relating to trade secrets; expanding the
13	exemption to include information received from an agency
14	in this or another state or nation or the Federal
15	Government which is otherwise exempt or confidential
16	pursuant to the laws of this or another state or nation or
17	pursuant to federal law; providing for future review and
18	repeal; providing a statement of public necessity;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (b) of subsection (8) of section
24	1004.43, Florida Statutes, is amended, and paragraph (c) is
25	added to said subsection, to read:
26	1004.43  H. Lee Moffitt Cancer Center and Research
27	Institute.--There is established the H. Lee Moffitt Cancer
28	Center and Research Institute at the University of South
29	Florida.
30	(8)
31	(b)  Proprietary confidential business information is
32	confidential and exempt from the provisions of s. 119.07(1) and
33	s. 24(a), Art. I of the State Constitution. However, the Auditor
34	General, the Office of Program Policy Analysis and Government
35	Accountability, and the State Board of Education, pursuant to
36	their oversight and auditing functions, must be given access to
37	all proprietary confidential business information upon request
38	and without subpoena and must maintain the confidentiality of
39	information so received. As used in this paragraph, the term
40	"proprietary confidential business information" means
41	information, regardless of its form or characteristics, which is
42	owned or controlled by the not-for-profit corporation or its
43	subsidiaries; is intended to be and is treated by the not-for-
44	profit corporation or its subsidiaries as private and the
45	disclosure of which would harm the business operations of the
46	not-for-profit corporation or its subsidiaries; has not been
47	intentionally disclosed by the corporation or its subsidiaries
48	unless pursuant to law, an order of a court or administrative
49	body, a legislative proceeding pursuant to s. 5, Art. III of the
50	State Constitution, or a private agreement that provides that
51	the information may be released to the public; and which is
52	information concerning:
53	1.  Internal auditing controls and reports of internal
54	auditors;
55	2.  Matters reasonably encompassed in privileged attorney-
56	client communications;
57	3.  Contracts for managed-care arrangements, including
58	preferred provider organization contracts, health maintenance
59	organization contracts, and exclusive provider organization
60	contracts, and any documents directly relating to the
61	negotiation, performance, and implementation of any such
62	contracts for managed-care arrangements;
63	4.  Bids or other contractual data, banking records, and
64	credit agreements the disclosure of which would impair the
65	efforts of the not-for-profit corporation or its subsidiaries to
66	contract for goods or services on favorable terms;
67	5.  Information relating to private contractual data, the
68	disclosure of which would impair the competitive interest of the
69	provider of the information;
70	6.  Corporate officer and employee personnel information;
71	7.  Information relating to the proceedings and records of
72	credentialing panels and committees and of the governing board
73	of the not-for-profit corporation or its subsidiaries relating
74	to credentialing;
75	8.  Minutes of meetings of the governing board of the not-
76	for-profit corporation and its subsidiaries, except minutes of
77	meetings open to the public pursuant to subsection (9);
78	9.  Information that reveals plans for marketing services
79	that the corporation or its subsidiaries reasonably expect to be
80	provided by competitors;
81	10.  Trade secrets as defined in s. 688.002, including:
82	a.  Information relating to methods of manufacture or
83	production, potential trade secrets, potentially patentable
84	materials, or proprietary information received, generated,
85	ascertained, or discovered during the course of research
86	conducted by the not-for-profit corporation or its subsidiaries;
87	and
88	b.  Reimbursement methodologies or rates; or
89	11.  The identity of donors or prospective donors of
90	property who wish to remain anonymous or any information
91	identifying such donors or prospective donors. The anonymity of
92	these donors or prospective donors must be maintained in the
93	auditor's report; or.
94	12.  Any information received by the not-for-profit
95	corporation or its subsidiaries from an agency in this or
96	another state or nation or the Federal Government which is
97	otherwise exempt or confidential pursuant to the laws of this or
98	another state or nation or pursuant to federal law.
99
100	As used in this paragraph, the term "managed care" means systems
101	or techniques generally used by third-party payors or their
102	agents to affect access to and control payment for health care
103	services. Managed-care techniques most often include one or more
104	of the following: prior, concurrent, and retrospective review of
105	the medical necessity and appropriateness of services or site of
106	services; contracts with selected health care providers;
107	financial incentives or disincentives related to the use of
108	specific providers, services, or service sites; controlled
109	access to and coordination of services by a case manager; and
110	payor efforts to identify treatment alternatives and modify
111	benefit restrictions for high-cost patient care.
112	(c)  Subparagraphs 10. and 12. of paragraph (b) are subject
113	to the Open Government Sunset Review Act of 1995 in accordance
114	with s. 119.15 and shall stand repealed on October 2, 2010,
115	unless reviewed and saved from repeal through reenactment by the
116	Legislature.
117	Section 2.  The Legislature finds that it is a public
118	necessity that information relating to methods of manufacture or
119	production, potential trade secrets, potentially patentable
120	materials, or proprietary information received, generated,
121	ascertained, or discovered during the course of research
122	conducted by the not-for-profit corporation organized solely for
123	the purpose of governing and operating the H. Lee Moffitt Cancer
124	Center and Research Institute or its subsidiaries be held
125	confidential and exempt from public disclosure because the
126	disclosure of such information would adversely impact the not-
127	for-profit corporation or its subsidiaries and would create an
128	unfair competitive advantage for persons receiving such
129	information. If such confidential and exempt information
130	regarding research in progress were released pursuant to a
131	public records request, others would be allowed to take the
132	benefit of the research without compensation or reimbursement to
133	the research center. The Legislature further finds that it is a
134	public necessity that information received by the not-for-profit
135	corporation or its subsidiaries from an agency in this or
136	another state or nation or the Federal Government which is
137	otherwise exempt or confidential from public disclosure pursuant
138	to the laws of this or another state or nation or pursuant to
139	federal law should remain exempt or confidential from public
140	records requirements because the highly confidential nature of
141	cancer-related research necessitates that the not-for-profit
142	corporation or its subsidiaries be authorized to maintain the
143	status of the exempt or confidential information it receives.
144	Without the exemptions provided for in this act, the disclosure
145	of confidential and exempt information would place the not-for-
146	profit corporation on an unequal footing in the marketplace as
147	compared with its private health care and medical research
148	competitors that are not required to disclose such confidential
149	and exempt information. The Legislature finds that the
150	disclosure of such confidential and exempt information would
151	adversely impact the not-for-profit corporation or its
152	subsidiaries in fulfilling their mission of cancer treatment,
153	research, and education.
154	Section 3.  This act shall take effect upon becoming a law.

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