HB 1337

1	A bill to be entitled
2	An act relating to a public records and public meetings
3	exemption; creating s. 1004.433, F.S.; providing an
4	exemption from public records requirements for records and
5	information in the possession of Boca Raton Community
6	Hospital, Inc., or a subsidiary thereof, in its capacity
7	as lessee of land from Florida Atlantic University
8	pursuant to an agreement for the implementation of a land
9	lease for the development and operation of a community-
10	university affiliated teaching hospital which will serve
11	as the primary teaching hospital for the regional campus
12	of the University of Miami Miller School of Medicine at
13	Florida Atlantic University; providing an exception to the
14	exemption; providing an exemption from public meetings
15	requirements for meetings or portions of meetings of the
16	board of directors of Boca Raton Community hospital, or a
17	subsidiary thereof, in its capacity as lessee; providing
18	an exception to the exemption; providing an exemption from
19	public records requirements for any records generated
20	during those meetings or portions of meetings of the board
21	of directors of Boca Raton Community Hospital, or a
22	subsidiary thereof, which are closed to the public under
23	the act; providing for review and repeal; providing a
24	statement of public necessity; providing an effective
25	date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Section 1004.433, Florida Statutes, is created
30	to read:
31	1004.433  Florida Atlantic University & Boca Raton
32	Community Hospital, Inc., Community-University Affiliated
33	Teaching Hospital; public records exemption; public meetings
34	exemption.--
35	(1)  For purposes of this section, "lessee" means the Boca
36	Raton Community Hospital, Inc., pursuant to the agreement signed
37	June 28, 2006, and approved by the Board of Governors of the
38	State University System, in the implementation of a land lease
39	for the development and operation of a community-university
40	affiliated teaching hospital which will serve as the primary
41	teaching hospital for the regional campus of the University of
42	Miami Miller School of Medicine at Florida Atlantic University.
43	(2)  All records and information in the possession of Boca
44	Raton Community Hospital, Inc., or a subsidiary thereof, in its
45	capacity as lessee as defined in subsection (1) are confidential
46	and exempt from the provisions of s. 119.07(1) and s. 24(a),
47	Art. I of the State Constitution. This exemption does not apply
48	to any records or information that is solely related to the
49	undergraduate medical and graduate medical programs of the
50	University of Miami Miller School of Medicine at Florida
51	Atlantic University, which shall be public records unless made
52	confidential or exempt by law.
53	(3)  A meeting or portion of a meeting of the board of
54	directors of Boca Raton Community Hospital, Inc., or a
55	subsidiary thereof, in its capacity as lessee as defined in
56	subsection (1), at which information is presented or discussed
57	which is confidential and exempt under subsection (2) is closed
58	to the public and exempt from s. 286.011 and s. 24(b), Art. I of
59	the State Constitution. This exemption does not apply to a
60	meeting or portion of a meeting of the board of directors of
61	Boca Raton Community Hospital, Inc., or a subsidiary thereof, in
62	its capacity as lessee as defined in subsection (1), at which
63	information is presented or discussed that is solely related to
64	the undergraduate medical and graduate medical programs of the
65	University of Miami Miller School of Medicine at Florida
66	Atlantic University, which shall be public meetings unless made
67	exempt from public meetings requirements by law.
68	(4)  Any records generated during a meeting or portion of a
69	meeting of the board of directors of Boca Raton Community
70	Hospital, Inc., or a subsidiary thereof, in its capacity as
71	lessee as defined in subsection (1), which are closed to the
72	public under subsection (3), such as minutes, tape recordings,
73	videotapes, transcriptions, or notes, are confidential and
74	exempt from s. 119.07(1) and s. 24, Art. I of the State
75	Constitution.
76	(5)  This section is subject to the Open Government Sunset
77	Review Act in accordance with s. 119.15 and shall stand repealed
78	on October 2, 2012, unless reviewed and saved from repeal
79	through reenactment by the Legislature.
80	Section 2.  It is the finding of the Legislature that it is
81	a public necessity that records and information in the
82	possession of Boca Raton Community Hospital, Inc., or a
83	subsidiary thereof, in its capacity as the lessee of land on the
84	Boca Raton campus of Florida Atlantic University for the
85	development and operation of a community-university affiliated
86	teaching hospital be held confidential and exempt from public
87	records requirements in order for the teaching hospital to
88	fulfill its mission in medical research and education and to
89	ensure that the lessee and its subsidiaries are not placed at a
90	disadvantage in a competitive health care environment. These
91	exemptions are necessary because these records contain
92	information that, if disclosed, would adversely impact the
93	lessee or its subsidiaries in the competitive health care
94	environment. Disclosure of such records and information would
95	place the lessee and its subsidiaries on an unequal footing in
96	the marketplace as compared with private health care providers
97	that are not required to disclose such confidential and exempt
98	information. The Legislature finds that the disclosure of such
99	confidential and exempt information would adversely impact the
100	lessee and its subsidiaries in fulfilling their mission of
101	medical treatment, research, and education. The Legislature
102	further finds that it is a public necessity that meetings of the
103	board of directors of Boca Raton Community Hospital, Inc., or a
104	subsidiary thereof, in its capacity as lessee be held exempt
105	from public meetings requirements in order to protect the
106	competitive interests of the lessee and to guarantee the ability
107	of the lessee to fulfill its medical research and teaching
108	mission for the benefit of the public. Consequently, the
109	Legislature finds that it is a public necessity that any records
110	generated during those meetings or portions of meetings of the
111	board of directors of Boca Raton Community Hospital, Inc., or a
112	subsidiary thereof, in its capacity as lessee which have been
113	made exempt from public meetings requirements under this act,
114	such as minutes, tape recordings, videotapes, transcriptions, or
115	notes, be held confidential and exempt from public records
116	requirements, since failure to grant such an exemption would
117	render the exemption from public meetings requirements
118	meaningless.
119	Section 3.  This act shall take effect July 1, 2007.

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