HOUSE AMENDMENT Bill No. CS/CS/SB 2216
1	CHAMBER ACTION
2	Senate House
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12	Representative Ambler offered the following:
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14	Amendment (with title amendment)
15	On page 6, lines 4 and 5,
16	remove: all of said lines
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18	and insert:
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20	Section 4. Subsection (9) is amended and subsection (10)
21	of section 1004.445, Florida Statutes, is created to read:
22	1004.445 Florida Alzheimer's Center and Research
23	Institute.--
24	(9)(a)The following information is confidential and
25	exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
26	of the State Constitution:
27	1.(a)Personal identifying information relating to clients
28	of programs created or funded through the Florida Alzheimer's
29	Center and Research Institute which is held by the institute,
30	the University of South Florida, or the State Board of Education
31	or by persons who provide services to clients of programs
32	created or funded through contracts with the Florida Alzheimer's
33	Center and Research Institute;
34	2.(b) Any medical or health records relating to patients
35	heldwhich may be created or received by the institute; and
36	3.(c)Proprietary confidential business information. As
37	used in this subparagraph, the term “proprietary confidential
38	business information” means information, regardless of its form
39	or characteristics, which is owned or controlled by the
40	institute; is intended to be and is treated by the institute as
41	private and the disclosure of which would harm the business
42	operations of the institute; has not been intentionally
43	disclosed by the institute unless pursuant to law, an order of a
44	court or administrative body, a legislative proceeding pursuant
45	to s. 5, Art. III of the State Constitution, or a private
46	agreement that provides that the information may be released to
47	the public; and which is information concerning:
48	a.Materials that relate to methods of manufacture or
49	production, potential trade secrets, potentially patentable
50	material, actual trade secrets as defined in s. 688.002, or
51	proprietary information received, generated, ascertained, or
52	discovered during the course of research conducted by or through
53	the institute and business transactions resulting from such
54	research;
55	b.(d) The identity of a donor or prospective donor to the
56	instituteFlorida Alzheimer's Center and Research Institutewho
57	wishes to remain anonymous, and all information identifying such
58	donor or prospective donor;
59	c.(e)Any information received by the institute in the
60	performance of its duties and responsibilities which is
61	otherwise confidential and exempt by law; and
62	d.(f)Any information received by the institute from a
63	person from this oranother state or nation or the Federal
64	Government which is otherwise exempt or confidential or exempt
65	pursuant to this or another thatstate's or nation's laws or
66	pursuant to federal law.
67	e. Internal auditing controls and reports of internal
68	auditors;
69	f. Contracts for managed-care arrangements, including
70	preferred provider organization contracts, health maintenance
71	organization contracts, and exclusive provider organization
72	contracts, and any documents directly relating to the
73	negotiation, performance, and implementation of any such
74	contracts for managed-care arrangements;
75	g. Bids or other contractual data, banking records, and
76	credit agreements the disclosure of which would impair the
77	efforts of the institute to contract for goods or services on
78	favorable terms;
79	h. Information relating to private contractual data, the
80	disclosure of which would impair the competitive interest of the
81	provider of the information;
82	i. Corporate officer and employee personnel information;
83	j. Information relating to the proceedings and records of
84	the credentialing panels and committees and of the governing
85	board of the institute relating to credentialing;
86	k. Minutes of meetings of the governing board of the
87	institute, except minutes of meetings open to the public
88	pursuant to subsection (10); and
89	l. Information that reveals plans for marketing services
90	that the institute reasonably expects to be provided by
91	competitors.
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93	As used in this subparagraph, the term “managed care” means
94	systems or techniques generally used by third-party payors or
95	their agents to affect access to and control payment for health
96	care services. Managed-care techniques most often include one
97	or more of the following: prior, concurrent, and retrospective
98	review of the medical necessity and appropriateness of services
99	or site of services; contracts with selected health care
100	providers; financial incentives or disincentives related to the
101	use of specific providers, services, or service sites;
102	controlled access to and coordination of services by a case
103	manager; and payor efforts to identify treatment alternatives
104	and modify benefit restrictions for high-cost patient care.
105	(b) The Auditor General, the Office of Program Policy
106	Analysis and Government Accountability, and the State Board of
107	Education, pursuant to their oversight and auditing functions,
108	must be given access to all proprietary confidential business
109	information upon request and without subpoena and must maintain
110	the confidentiality of information so received.
111	(c)Any governmental entity that demonstrates a need to
112	access such confidential and exempt information in order to
113	perform its duties and responsibilities shall have access to
114	such information and shall otherwise keep such information
115	confidential and exempt. This section is subject to the Open
116	Government Sunset Review Act of 1995 in accordance with s.
117	119.15 and shall stand repealed on October 2, 2006, unless
118	reviewed and saved from repeal through reenactment by the
119	Legislature.
120	(10) Meetings or portions of meetings of the governing
121	board of the Florida Alzheimer’s Center and Research Institute
122	at which information is discussed that is made confidential and
123	exempt pursuant to subsection (9) of this section is exempt from
124	s. 286.011 and s. 24(b), Art. I of the State Constitution.
125	Section 5. Subsections (9) and (10) of s. 1004.445, F.S.,
126	are subject to the Open Government Sunset Review Act of 1995 in
127	accordance with s. 119.15, F.S., and shall stand repealed on
128	October 2, 2008, unless reviewed and saved from repeal through
129	reenactment by the Legislature.
130	Section 6. The Legislature finds that it is a public
131	necessity that internal auditing controls and reports of
132	internal auditors; contracts for managed-care arrangements and
133	any documents directly relating to the negotiation, performance,
134	and implementation of any such contracts for managed-care
135	arrangements; bids or other contractual data, banking records,
136	and credit agreements; information relating to private
137	contractual data; corporate officer and employee personnel
138	information; information relating to the proceedings and records
139	of the credentialing panels and committees and of the governing
140	board of the Florida Alzheimer's Center and Research Institute
141	relating to credentialing; minutes of meetings of the governing
142	board of the institute; and information that reveals plans for
143	marketing services that the institute reasonably expects to be
144	provided by competitors be made confidential and exempt from
145	public disclosure. The institute must compete directly with its
146	private-sector counterparts. Its economic survival depends on
147	the institute’s ability to so compete. As such, these
148	exemptions are necessary because release of such information and
149	records would adversely impact the institute in the competitive
150	health care and medical research environment. Disclosure of
151	such information and records would place the institute on an
152	unequal footing in the marketplace as compared with private
153	health care providers that are not required to disclose such
154	confidential information and records. The highly confidential
155	nature of Alzheimer-related research discoveries necessitates
156	that the institute be authorized to maintain confidential
157	information it receives from, or generates for, the sponsors of
158	its research. Accordingly, disclosure of such information and
159	records would impede the effective and efficient administration
160	of the Florida Alzheimer’s Center and Research Institute and
161	would create an unfair competitive advantage for persons or
162	entities receiving such information. Also, such information and
163	records contain information of a sensitive, personal nature
164	regarding corporate officers and employees. Disclosure of such
165	information could be harmful to the officer or employee. It is
166	likewise a public necessity that the meetings of the governing
167	board of the institute be closed in order to protect the
168	competitive interest of the institute and to guarantee the
169	ability of the governing board to fulfill its Alzheimer’s
170	disease research and teaching mission for the benefit of the
171	public. Closing access to such board meetings enables the
172	boards to be more open and frank in the information so provided
173	and discussed without the attendant fear that honest and
174	truthful exchange of information will result in the public
175	dissemination of information discussed that could be used to
176	harm the institute and its members. Furthermore, disclosing
177	information and records made confidential and exempt pursuant to
178	the institute’s public records exemption via an open meeting
179	defeats the purpose of the public records exemption.
180	Section 7. This act shall take effect upon becoming a law.
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183	================= T I T L E A M E N D M E N T =================
184	On page 1, lines 2 through 18,
185	remove: all of said lines
186
187	and insert:
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189	An act relating to public records and public meetings
190	exemptions; amending s. 1004.43, F.S.; expanding the
191	public records exemption for proprietary confidential
192	business information owned or controlled by the H. Lee
193	Moffitt Cancer Center and Research Institute to include
194	information relating to methods of manufacture or
195	production, potential trade secrets, potentially
196	patentable material, and proprietary information received,
197	generated, ascertained, or discovered during the course of
198	research, and business transactions resulting from such
199	research; expanding the public records exemption to
200	include information received from this or another state or
201	nation or the Federal Government which is otherwise exempt
202	or confidential pursuant to the laws of this or another
203	state or nation or pursuant to federal law; providing for
204	future review and repeal; providing a statement of public
205	necessity; amending s. 1004.445, F.S.; creating a public
206	records exemption for proprietary confidential business
207	information; providing types of information that is deemed
208	proprietary confidential business information; providing a
209	definition of managed care; creating a public meetings
210	exemption for the governing board of the Florida
211	Alzheimer’s Center and Research Institute; providing for
212	future review and