Senate Bill sb2216c2
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    Florida Senate - 2003                    CS for CS for SB 2216
    By the Committees on Health, Aging, and Long-Term Care;
    Education; and Senator Miller
    317-2249-03
  1                      A bill to be entitled
  2         An act relating to a public-records exemption
  3         for proprietary confidential business
  4         information owned or controlled by the H. Lee
  5         Moffitt Cancer Center and Research Institute;
  6         amending s. 1004.43, F.S.; expanding the
  7         public-records exemption for proprietary
  8         confidential business information to include
  9         specified materials, potential trade secrets,
10         potentially patentable material, or proprietary
11         information received, generated, ascertained,
12         or discovered during the course of research;
13         expanding the public-records exemption to
14         include information received from another state
15         or nation or the Federal Government which is
16         otherwise confidential or exempt pursuant to
17         the laws of that state or nation or pursuant to
18         federal law; providing for future review and
19         repeal of the exemption; providing a statement
20         of public necessity; providing an effective
21         date.
22  
23  Be It Enacted by the Legislature of the State of Florida:
24  
25         Section 1.  Paragraph (b) of subsection (8) of section
26  1004.43, Florida Statutes, is amended to read:
27         1004.43  H. Lee Moffitt Cancer Center and Research
28  Institute.--There is established the H. Lee Moffitt Cancer
29  Center and Research Institute at the University of South
30  Florida.
31         (8)
                                  1
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    Florida Senate - 2003                    CS for CS for SB 2216
    317-2249-03
 1         (b)  Proprietary confidential business information is
 2  confidential and exempt from the provisions of s. 119.07(1)
 3  and s. 24(a), Art. I of the State Constitution. However, the
 4  Auditor General, the Office of Program Policy Analysis and
 5  Government Accountability, and the State Board of Education,
 6  pursuant to their oversight and auditing functions, must be
 7  given access to all proprietary confidential business
 8  information upon request and without subpoena and must
 9  maintain the confidentiality of information so received. As
10  used in this paragraph, the term "proprietary confidential
11  business information" means information, regardless of its
12  form or characteristics, which is owned or controlled by the
13  not-for-profit corporation or its subsidiaries; is intended to
14  be and is treated by the not-for-profit corporation or its
15  subsidiaries as private and the disclosure of which would harm
16  the business operations of the not-for-profit corporation or
17  its subsidiaries; has not been intentionally disclosed by the
18  corporation or its subsidiaries unless pursuant to law, an
19  order of a court or administrative body, a legislative
20  proceeding pursuant to s. 5, Art. III of the State
21  Constitution, or a private agreement that provides that the
22  information may be released to the public; and which is
23  information concerning:
24         1.  Internal auditing controls and reports of internal
25  auditors;
26         2.  Matters reasonably encompassed in privileged
27  attorney-client communications;
28         3.  Contracts for managed-care arrangements, including
29  preferred provider organization contracts, health maintenance
30  organization contracts, and exclusive provider organization
31  contracts, and any documents directly relating to the
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    Florida Senate - 2003                    CS for CS for SB 2216
    317-2249-03
 1  negotiation, performance, and implementation of any such
 2  contracts for managed-care arrangements;
 3         4.  Bids or other contractual data, banking records,
 4  and credit agreements the disclosure of which would impair the
 5  efforts of the not-for-profit corporation or its subsidiaries
 6  to contract for goods or services on favorable terms;
 7         5.  Information relating to private contractual data,
 8  the disclosure of which would impair the competitive interest
 9  of the provider of the information;
10         6.  Corporate officer and employee personnel
11  information;
12         7.  Information relating to the proceedings and records
13  of credentialing panels and committees and of the governing
14  board of the not-for-profit corporation or its subsidiaries
15  relating to credentialing;
16         8.  Minutes of meetings of the governing board of the
17  not-for-profit corporation and its subsidiaries, except
18  minutes of meetings open to the public pursuant to subsection
19  (9);
20         9.  Information that reveals plans for marketing
21  services that the corporation or its subsidiaries reasonably
22  expect to be provided by competitors;
23         10.  Trade secrets as defined in s. 688.002, including
24  reimbursement methodologies or rates; or
25         11.  The identity of donors or prospective donors of
26  property who wish to remain anonymous or any information
27  identifying such donors or prospective donors. The anonymity
28  of these donors or prospective donors must be maintained in
29  the auditor's report;.
30         12.  Information relating to methods of manufacture or
31  production, potential trade secrets, potentially patentable
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    Florida Senate - 2003                    CS for CS for SB 2216
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 1  material, or proprietary information received, generated,
 2  ascertained, or discovered during the course of research
 3  conducted by the not-for-profit corporation or its
 4  subsidiaries and business transactions resulting from such
 5  research; or
 6         13.  Any information received by the not-for-profit
 7  corporation or its subsidiaries from a person in this or
 8  another state or nation or the Federal Government which is
 9  otherwise confidential or exempt pursuant to the laws of this
10  or another state or nation or pursuant to federal law.
11  
12  As used in this paragraph, the term "managed care" means
13  systems or techniques generally used by third-party payors or
14  their agents to affect access to and control payment for
15  health care services. Managed-care techniques most often
16  include one or more of the following:  prior, concurrent, and
17  retrospective review of the medical necessity and
18  appropriateness of services or site of services; contracts
19  with selected health care providers; financial incentives or
20  disincentives related to the use of specific providers,
21  services, or service sites; controlled access to and
22  coordination of services by a case manager; and payor efforts
23  to identify treatment alternatives and modify benefit
24  restrictions for high-cost patient care.
25         Section 2.  Section 1004.43(8)(b)12. and 13., Florida
26  Statutes, are subject to the Open Government Sunset Review Act
27  of 1995 in accordance with section 119.15, Florida Statutes,
28  and shall stand repealed on October 2, 2008, unless reviewed
29  and saved from repeal through reenactment by the Legislature.
30         Section 3.  The Legislature finds that it is a public
31  necessity that information relating to methods of manufacture
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    Florida Senate - 2003                    CS for CS for SB 2216
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 1  or production, potential trade secrets, potentially patentable
 2  materials, or proprietary information received, generated,
 3  ascertained, or discovered during the course of research
 4  conducted by the H. Lee Moffitt Cancer Center and Research
 5  Institute or any of its subsidiaries and business transactions
 6  resulting from such research, be made confidential and exempt
 7  from public disclosure because the disclosure of such
 8  information would adversely impact the not-for-profit
 9  corporation or its subsidiaries and would create an unfair
10  competitive advantage for the persons receiving such
11  information. If such confidential and exempt information
12  regarding research in progress were released pursuant to a
13  public records request, others would be allowed to take the
14  benefit of the research without compensation or reimbursement
15  to the research center. The Legislature further finds that
16  information received by the not-for-profit corporation or its
17  subsidiaries from a person in this or another state or nation
18  or the Federal Government which is otherwise confidential or
19  exempt pursuant to the laws of this or another state or nation
20  or pursuant to federal law should remain confidential or
21  exempt because the highly confidential nature of
22  cancer-related research necessitates that the not-for-profit
23  corporation or its subsidiaries be authorized to maintain the
24  status of confidential or exempt information it receives from
25  the sponsors of research. Without the exemptions provided for
26  herein, the disclosure of confidential and exempt information
27  would place the not-for-profit corporation in an unequal
28  footing in the marketplace as compared with its private health
29  care and medical research competitors that are not required to
30  disclose such confidential and exempt information. The
31  Legislature finds that the disclosure of such confidential and
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    Florida Senate - 2003                    CS for CS for SB 2216
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 1  exempt information would adversely impact the not-for-profit
 2  corporation or its subsidiaries from fulfilling their mission
 3  of cancer treatment, research, and education.
 4         Section 4.  This act shall take effect upon becoming a
 5  law.
 6  
 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                       CS/Senate Bill 2216
 9                                 
10  The Committee Substitute for CS/SB 2216 provides a public
    records exemption for information received from a person in
11  this state as well as from a person in another state.
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