Senate Bill sb2390c1
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Florida Senate - 2007 CS for SB 2390
By the Committee on Higher Education; and Senator Atwater
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1 A bill to be entitled
2 An act relating to public records and public
3 meetings; creating s. 1004.433, F.S.; providing
4 an exemption from public-records requirements
5 for records and information in the possession
6 of Boca Raton Community Hospital, Inc., or a
7 subsidiary thereof, in its capacity as lessee
8 of land from Florida Atlantic University
9 pursuant to an agreement for the implementation
10 of a land lease for the development and
11 operation of a community-university affiliated
12 teaching hospital which will serve as the
13 primary teaching hospital for the regional
14 campus of the University of Miami Miller School
15 of Medicine at Florida Atlantic University;
16 providing an exception to the exemption;
17 providing an exemption from public-meetings
18 requirements for meetings or portions of
19 meetings of the board of directors of Boca
20 Raton Community hospital, or a subsidiary
21 thereof, in its capacity as lessee; providing
22 an exception to the exemption; providing an
23 exemption from public-records requirements for
24 any records generated during those meetings or
25 portions of meetings of the board of directors
26 of Boca Raton Community Hospital, or a
27 subsidiary thereof, which are closed to the
28 public under the act; providing for review and
29 repeal; providing a statement of public
30 necessity; providing an effective date.
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Florida Senate - 2007 CS for SB 2390
589-2248-07
1 Be It Enacted by the Legislature of the State of Florida:
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3 Section 1. Section 1004.433, Florida Statutes, is
4 created to read:
5 1004.433 Florida Atlantic University & Boca Raton
6 Community Hospital, Inc., Community-University Affiliated
7 Teaching Hospital; public-records exemption; public-meetings
8 exemption.--
9 (1) For purposes of this section, "lessee" means the
10 Boca Raton Community Hospital, Inc., pursuant to the agreement
11 signed June 28, 2006, and approved by the Board of Governors
12 of the State University System, in the implementation of a
13 land lease for the development and operation of a
14 community-university affiliated teaching hospital which will
15 serve as the primary teaching hospital for the regional campus
16 of the University of Miami Miller School of Medicine at
17 Florida Atlantic University.
18 (2) All records and information in the possession of
19 Boca Raton Community Hospital, Inc., or a subsidiary thereof,
20 in its capacity as lessee as defined in subsection (1) are
21 confidential and exempt from the provisions of s. 119.07(1)
22 and s. 24(a), Art. I of the State Constitution. This exemption
23 does not apply to any records or information that is solely
24 related to the undergraduate medical and graduate medical
25 programs of the University of Miami Miller School of Medicine
26 at Florida Atlantic University, which shall be public records
27 unless made confidential or exempt by law.
28 (3) A meeting or portion of a meeting of the board of
29 directors of Boca Raton Community Hospital, Inc., or a
30 subsidiary thereof, in its capacity as lessee as defined in
31 subsection (1), at which information is presented or discussed
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Florida Senate - 2007 CS for SB 2390
589-2248-07
1 which is confidential and exempt under subsection (2) is
2 closed to the public and exempt from s. 286.011 and s. 24(b),
3 Art. I of the State Constitution. This exemption does not
4 apply to a meeting or portion of a meeting of the board of
5 directors of Boca Raton Community Hospital, Inc., or a
6 subsidiary thereof, in its capacity as lessee as defined in
7 subsection (1), at which information is presented or discussed
8 that is solely related to the undergraduate medical and
9 graduate medical programs of the University of Miami Miller
10 School of Medicine at Florida Atlantic University, which shall
11 be public meetings unless made exempt from public-meetings
12 requirements by law.
13 (4) Any records generated during a meeting or portion
14 of a meeting of the board of directors of Boca Raton Community
15 Hospital, Inc., or a subsidiary thereof, in its capacity as
16 lessee as defined in subsection (1), which are closed to the
17 public under subsection (3), such as minutes, tape recordings,
18 videotapes, transcriptions, or notes, are confidential and
19 exempt from s. 119.07(1) and s. 24, Art. I of the State
20 Constitution.
21 (5) This section is subject to the Open Government
22 Sunset Review Act in accordance with s. 119.15 and shall stand
23 repealed on October 2, 2012, unless reviewed and saved from
24 repeal through reenactment by the Legislature.
25 Section 2. It is the finding of the Legislature that
26 it is a public necessity that records and information in the
27 possession of Boca Raton Community Hospital, Inc., or a
28 subsidiary thereof, in its capacity as the lessee of land on
29 the Boca Raton campus of Florida Atlantic University for the
30 development and operation of a community-university affiliated
31 teaching hospital be held confidential and exempt from
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Florida Senate - 2007 CS for SB 2390
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1 public-records requirements in order for the teaching hospital
2 to fulfill its mission in medical research and education and
3 to ensure that the lessee and its subsidiaries are not placed
4 at a disadvantage in a competitive health care environment.
5 These exemptions are necessary because these records contain
6 information that, if disclosed, would adversely affect the
7 lessee or its subsidiaries in the competitive health care
8 environment. Disclosure of such records and information would
9 place the lessee and its subsidiaries on an unequal footing in
10 the marketplace as compared with private health care providers
11 that are not required to disclose such confidential and exempt
12 information. The Legislature finds that the disclosure of such
13 confidential and exempt information would adversely affect the
14 lessee and its subsidiaries in fulfilling their mission of
15 medical treatment, research, and education. The Legislature
16 further finds that it is a public necessity that meetings of
17 the board of directors of Boca Raton Community Hospital, Inc.,
18 or a subsidiary thereof, in its capacity as lessee be held
19 exempt from public-meetings requirements in order to protect
20 the competitive interests of the lessee and to guarantee the
21 ability of the lessee to fulfill its medical research and
22 teaching mission for the benefit of the public. Consequently,
23 the Legislature finds that it is a public necessity that any
24 records generated during those meetings or portions of
25 meetings of the board of directors of Boca Raton Community
26 Hospital, Inc., or a subsidiary thereof, in its capacity as
27 lessee which have been made exempt from public-meetings
28 requirements under this act, such as minutes, tape recordings,
29 videotapes, transcriptions, or notes, be held confidential and
30 exempt from public-records requirements, since failure to
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Florida Senate - 2007 CS for SB 2390
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1 grant such an exemption would render the exemption from
2 public-meetings requirements meaningless.
3 Section 3. This act shall take effect July 1, 2007.
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5 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
6 SB 2390
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8 The Committee Substitute creates public records and meetings
exemptions in the School Code for records and meetings of the
9 board of directors of Boca Raton Community Hospital, Inc., and
its subsidiaries.
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Records and information in the possession of the hospital are
11 confidential and exempt from public records requirements
except those records that pertain to medical education at the
12 University of Miami Miller School of Medicine at Florida
Atlantic University.
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Meetings of the hospital board are exempt from public meetings
14 requirements except those meetings or portions of meetings
where medical education at the University of Miami Miller
15 School of Medicine at Florida Atlantic University is
discussed.
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