Florida Senate - 2011 SENATOR AMENDMENT Bill No. CS for CS for SB 1456 Barcode 412004 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 05/03/2011 04:07 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (14) is added to section 408.910, 6 Florida Statutes, to read: 7 408.910 Florida Health Choices Program.— 8 (14) EXEMPTION FROM PUBLIC-RECORDS REQUIREMENTS.— 9 (a) Definitions.—For purposes of this subsection, the term: 10 1. “Buyer’s representative” means a participating insurance 11 agent as described in paragraph (4)(g). 12 2. “Enrollee” means an employer who is eligible to enroll 13 in the program pursuant to paragraph (4)(a). 14 3. “Participant” means an individual who is eligible to 15 participate in the program pursuant to paragraph (4)(b). 16 4. “Proprietary confidential business information” means 17 information, regardless of form or characteristics, that is 18 owned or controlled by a vendor requesting confidentiality under 19 this section; that is intended to be and is treated by the 20 vendor as private in that the disclosure of the information 21 would cause harm to the business operations of the vendor; that 22 has not been disclosed unless disclosed pursuant to a statutory 23 provision, an order of a court or administrative body, or a 24 private agreement providing that the information may be released 25 to the public; and that is information concerning: 26 a. Business plans. 27 b. Internal auditing controls and reports of internal 28 auditors. 29 c. Reports of external auditors for privately held 30 companies. 31 d. Client and customer lists. 32 e. Potentially patentable material. 33 f. A trade secret as defined in s. 688.002. 34 5. “Vendor” means a participating insurer or other provider 35 of services as described in paragraph (4)(d). 36 (b) Public-record exemptions.— 37 1. Personal identifying information of an enrollee or 38 participant who has applied for or participates in the Florida 39 Health Choices Program is confidential and exempt from s. 40 119.07(1) and s. 24(a), Art. I of the State Constitution. 41 2. Client and customer lists of a buyer’s representative 42 held by the corporation are confidential and exempt from s. 43 119.07(1) and s. 24(a), Art. I of the State Constitution. 44 3. Proprietary confidential business information held by 45 the corporation is confidential and exempt from s. 119.07(1) and 46 s. 24(a), Art. I of the State Constitution. 47 (c) Retroactive application.—The public-record exemptions 48 provided for in paragraph (b) apply to information held by the 49 corporation before, on, or after the effective date of this 50 exemption. 51 (d) Authorized release.— 52 1. Upon request, information made confidential and exempt 53 pursuant to this subsection shall be disclosed to: 54 a. Another governmental entity in the performance of its 55 official duties and responsibilities. 56 b. Any person who has the written consent of the program 57 applicant. 58 c. The Florida Kidcare program for the purpose of 59 administering the program authorized in ss. 409.810-409.821. 60 2. Paragraph (b) does not prohibit a participant’s legal 61 guardian from obtaining confirmation of coverage, dates of 62 coverage, the name of the participant’s health plan, and the 63 amount of premium being paid. 64 (e) Penalty.—A person who knowingly and willfully violates 65 this subsection commits a misdemeanor of the second degree, 66 punishable as provided in s. 775.082 or s. 775.083. 67 (f) Review and repeal.—This subsection is subject to the 68 Open Government Sunset Review Act in accordance with s. 119.15, 69 and shall stand repealed on October 2, 2016, unless reviewed and 70 saved from repeal through reenactment by the Legislature. 71 Section 2. (1) The Legislature finds that it is a public 72 necessity that any information identifying an enrollee or 73 participant in the Florida Health Choices Program, including 74 information received during the program application process, be 75 held confidential and exempt from public-records requirements. 76 The harm caused by releasing such personal and sensitive 77 information outweighs any public benefit from releasing that 78 information. If such information is not held confidential, the 79 administration of the program could be significantly impaired 80 because businesses and individuals would be less inclined to 81 apply, participate, or enroll in the program, thereby 82 significantly decreasing the number of program participants or 83 enrollees. Therefore, it is a public necessity that any 84 information identifying a participant or enrollee in the Florida 85 Health Choices Program, including such information received 86 during the program application process, be held confidential and 87 exempt from public-records requirements. 88 (2) The Legislature finds that it is a public necessity 89 that proprietary confidential business information of a vendor 90 and the customer and client lists of a buyer’s representative be 91 made confidential and exempt from public-records requirements. 92 The disclosure of a vendor’s proprietary confidential business 93 information or a customer and client list of a program buyer’s 94 representative could cause injury in the marketplace by 95 providing competitors with detailed insights into confidential 96 business information, strategies, methodologies, plans, or 97 client lists, thereby diminishing the advantage that the program 98 vendor or program buyer’s representative maintains over those 99 that do not possess such information. Without these exemptions, 100 private-sector vendors or buyer’s representatives whose business 101 records generally are not required to be open to the public 102 might refrain from participating in Florida Health Choices 103 Program and not offer affordable, quality health insurance, 104 health services, and benefits products through the program. The 105 harm to program vendors or program buyer’s representatives in 106 the marketplace and harm to the effective administration of the 107 Florida Health Choices Program caused by the public disclosure 108 of such information far outweigh the public benefits derived 109 from the release of the information. Therefore, it is a public 110 necessity that proprietary confidential business information of 111 program vendors and client lists of program buyer’s 112 representatives be held confidential and exempt from public 113 records requirements. 114 Section 3. This act shall take effect October 1, 2011. 115 116 ================= T I T L E A M E N D M E N T ================ 117 And the title is amended as follows: 118 Delete everything before the enacting clause 119 and insert: 120 A bill to be entitled 121 An act relating to public records; amending s. 122 408.910, F.S.; providing definitions; creating an 123 exemption from public-records requirements for 124 personal identifying information of an enrollee or 125 participant in the Florida Health Choices Program; 126 creating an exemption from public-records requirements 127 for proprietary confidential business information of a 128 vendor; creating an exemption from public-records 129 requirements for client and customer lists of a 130 program buyer’s representative; providing exceptions; 131 authorizing an enrollee’s legal guardian to obtain 132 confirmation of certain information about the 133 enrollee’s health plan; providing for retroactive 134 application; providing a penalty for unlawful 135 disclosure of confidential and exempt information; 136 providing for future legislative review and repeal of 137 the exemption under the Open Government Sunset Review 138 Act; providing a statement of public necessity; 139 providing an effective date.