Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1456
       
       
       
       
       
       
                                Barcode 412004                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             05/03/2011 04:07 PM       .                                
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       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.