House Bill hb2019
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Florida House of Representatives - 2002 HB 2019
By the Council for Lifelong Learning and Representative
Melvin
1 A bill to be entitled
2 An act relating to exemption from public
3 records and meeting requirements; creating s.
4 1005.385, F.S.; creating an exemption from
5 public records requirements for specified
6 complaints filed with the Commission for
7 Independent Education and all information
8 obtained pursuant to the investigation of such
9 complaints by the commission; providing a time
10 limitation for the exemption; providing an
11 exception to the exemption; creating an
12 exemption from public meeting requirements for
13 proceedings of the commission's probable-cause
14 panel; providing a time limitation for the
15 exemption; amending s. 1004.43, F.S., as
16 created by HB ___, 2002 Regular Session;
17 providing an exemption from public records
18 requirements for specified proprietary
19 confidential business information concerning
20 materials that relate to methods of manufacture
21 or production, potential trade secrets,
22 potentially patentable materials, or
23 proprietary information received, generated,
24 ascertained, or discovered during the course of
25 research conducted at the H. Lee Moffitt Cancer
26 Center and Research Institute or by the
27 not-for-profit organization of the institute or
28 its subsidiaries; providing for future review
29 and repeal of the exemptions; providing
30 findings of public necessity; providing a
31 conditional effective date.
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Florida House of Representatives - 2002 HB 2019
400-132-02
1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Section 1005.385, Florida Statutes, is
4 created to read:
5 1005.385 Actions against a licensee and other
6 penalties; public records and public meetings exemption.--A
7 complaint filed with the Commission for Independent Education
8 under s. 1005.38 and all information obtained pursuant to the
9 investigation of such complaint by the commission is
10 confidential and exempt from the provisions of s. 119.07(1)
11 and s. 24(a), Art. I of the State Constitution for a period
12 not to exceed 10 days after the probable cause panel
13 established under s. 1005.38 declares a finding of probable
14 cause, at which time the exemption shall expire. The
15 commission may provide information obtained pursuant to s.
16 1005.38 to any law enforcement or regulatory agency. The
17 proceedings of the probable cause panel established under s.
18 1005.38 are exempt from the provisions of s. 286.011 and s.
19 24(b), Art. I of the State Constitution until the panel
20 declares a finding of probable cause, at which time the
21 exemption shall expire. This section is subject to the Open
22 Government Sunset Review Act of 1995 in accordance with s.
23 119.15, and shall stand repealed on October 2, 2007, unless
24 reviewed and saved from repeal through reenactment by the
25 Legislature.
26 Section 2. The Legislature finds that it is a public
27 necessity to make confidential and exempt from public
28 disclosure complaints filed with the Commission for
29 Independent Education under s. 1005.38, Florida Statutes, and
30 all information obtained in the course of an investigation of
31 such complaints by the commission, and to close the
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Florida House of Representatives - 2002 HB 2019
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1 proceedings at which a finding of probable cause under s.
2 1005.38 is determined because the exemption prevents unfounded
3 complaints and investigations from being used to damage the
4 good name of an institution or persons associated with the
5 institution. Because the information made exempt under this
6 act would be released after a finding of probable cause, the
7 public would continue to be protected.
8 Section 3. Subsection (8) of section 1004.43, Florida
9 Statutes, as created by HB___, 2002 Regular Session, is
10 amended to read:
11 1004.43 H. Lee Moffitt Cancer Center and Research
12 Institute.--There is established the H. Lee Moffitt Cancer
13 Center and Research Institute at the University of South
14 Florida.
15 (8)(a) Records of the not-for-profit corporation and
16 of its subsidiaries are public records unless made
17 confidential or exempt by law.
18 (b) Proprietary confidential business information is
19 confidential and exempt from the provisions of s. 119.07(1)
20 and s. 24(a), Art. I of the State Constitution. However, the
21 Auditor General, the Office of Program Policy Analysis and
22 Government Accountability, and the State Board of Education,
23 pursuant to their oversight and auditing functions, must be
24 given access to all proprietary confidential business
25 information upon request and without subpoena and must
26 maintain the confidentiality of information so received. As
27 used in this paragraph, the term "proprietary confidential
28 business information" means information, regardless of its
29 form or characteristics, which is owned or controlled by the
30 not-for-profit corporation or its subsidiaries; is intended to
31 be and is treated by the not-for-profit corporation or its
3
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Florida House of Representatives - 2002 HB 2019
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1 subsidiaries as private and the disclosure of which would harm
2 the business operations of the not-for-profit corporation or
3 its subsidiaries; has not been intentionally disclosed by the
4 corporation or its subsidiaries unless pursuant to law, an
5 order of a court or administrative body, a legislative
6 proceeding pursuant to s. 5, Art. III of the State
7 Constitution, or a private agreement that provides that the
8 information may be released to the public; and which is
9 information concerning:
10 1. Internal auditing controls and reports of internal
11 auditors;
12 2. Matters reasonably encompassed in privileged
13 attorney-client communications;
14 3. Contracts for managed-care arrangements, including
15 preferred provider organization contracts, health maintenance
16 organization contracts, and exclusive provider organization
17 contracts, and any documents directly relating to the
18 negotiation, performance, and implementation of any such
19 contracts for managed-care arrangements;
20 4. Bids or other contractual data, banking records,
21 and credit agreements the disclosure of which would impair the
22 efforts of the not-for-profit corporation or its subsidiaries
23 to contract for goods or services on favorable terms;
24 5. Information relating to private contractual data,
25 the disclosure of which would impair the competitive interest
26 of the provider of the information;
27 6. Corporate officer and employee personnel
28 information;
29 7. Information relating to the proceedings and records
30 of credentialing panels and committees and of the governing
31
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1 board of the not-for-profit corporation or its subsidiaries
2 relating to the credentialing;
3 8. Minutes of meetings of the governing board of the
4 not-for-profit corporation and its subsidiaries, except
5 minutes of meetings open to the public pursuant to subsection
6 (9);
7 9. Information that reveals plans for marketing
8 services that the corporation or its subsidiaries reasonably
9 expect to be provided by competitors;
10 10. Trade secrets as defined in s. 688.002, including
11 reimbursement methodologies or rates;
12 11. The identity of donors or prospective donors of
13 property who wish to remain anonymous or any information
14 identifying such donors or prospective donors. The anonymity
15 of these donors or prospective donors must be maintained in
16 the auditor's report.
17 12. Materials that relate to methods of manufacture or
18 production, potential trade secrets, potentially patentable
19 materials, or proprietary information received, generated,
20 ascertained, or discovered during the course of research
21 conducted at the institute or by the not-for-profit
22 corporation or its subsidiaries.
23
24 As used in this paragraph, the term "managed care" means
25 systems or techniques generally used by third-party payors or
26 their agents to affect access to and control payment for
27 health care services. Managed-care techniques most often
28 include one or more of the following: prior, concurrent, and
29 retrospective review of the medical necessity and
30 appropriateness of services or site of services; contracts
31 with selected health care providers; financial incentives or
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1 disincentives related to the use of specific providers,
2 services, or service sites; controlled access to and
3 coordination of services by a case manager; and payor efforts
4 to identify treatment alternatives and modify benefit
5 restrictions for high-cost patient care.
6 Section 4. The Legislature finds that it is a public
7 necessity that records of the not-for-profit corporation of
8 the H. Lee Moffitt Cancer Center and Research Institute or its
9 subsidiaries, which contain proprietary confidential business
10 information regarding trade secrets and other information
11 relating to research, including, materials that relate to
12 methods of manufacture or production, potential trade secrets,
13 potentially patentable materials, or proprietary information
14 received, generated, ascertained or discovered during the
15 course of research conducted at the institute or by the
16 not-for-profit corporation or its subsidiaries, be made
17 confidential and exempt from disclosure. This exemption is
18 necessary because these records contain information that, if
19 disclosed, would adversely impact the not-for-profit
20 corporation or its subsidiaries in the competitive health care
21 and medical research environment. The highly confidential
22 nature of proprietary pharmaceutical and other cancer-related
23 research necessitates that the not-for-profit corporation and
24 its subsidiaries be authorized to maintain confidential
25 information it receives from, or generates for, the sponsors
26 of its research. Disclosure of confidential information would
27 place the not-for-profit corporation and its subsidiaries on
28 an unequal footing in the marketplace as compared with its
29 private health care and medical research competitors that are
30 not required to disclose such proprietary and confidential
31 information. The Legislature finds that disclosure of such
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1 proprietary and confidential information would effectively
2 prevent the not-for-profit corporation and its subsidiaries
3 from expeditiously fulfilling the H. Lee Moffitt Cancer Center
4 and Research Institute's mission of cancer treatment,
5 research, and education.
6 Section 5. This act shall take effect on January 7,
7 2003, if HB _____ or similar legislation is adopted in the
8 same legislative session or an extension thereof.
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11 HOUSE SUMMARY
12
Creates an exemption from public records requirements for
13 specified complaints filed with the Commission for
Independent Education and all information obtained
14 pursuant to the investigation of such complaints by the
commission. Provides a time limitation for the
15 exemption. Provides an exception to the exemption.
Creates an exemption from public meeting requirements for
16 proceedings of the commission's probable-cause panel.
Provides a time limitation for the exemption.
17
18 Provides an exemption from public records requirements
for specified proprietary confidential business
19 information concerning materials that relate to methods
of manufacture or production, potential trade secrets,
20 potentially patentable materials, or proprietary
information received, generated, ascertained, or
21 discovered during the course of research conducted at the
H. Lee Moffitt Cancer Center and Research Institute or by
22 the not-for-profit organization of the institute or its
subsidiaries.
23
24 Provides for future review and repeal of the exemptions.
Provides findings of public necessity. Provides that the
25 act is effective conditional upon the passage of HB
_____, 2002 Regular Session.
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