SENATE AMENDMENT
    Bill No. SB 2922
    Amendment No. ___   Barcode 182278
                            CHAMBER ACTION
              Senate                               House
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       04/27/2004 06:05 PM         .                    
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11  Senator Crist moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 6, between lines 10 and 11,
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16  insert:  
17         Section 4.  Subsection (9) of section 1004.445, Florida
18  Statutes, is amended, and subsection (10) is added to that
19  section, to read:
20         1004.445  Florida Alzheimer's Center and Research
21  Institute.--
22         (9)(a)  The following information is confidential and
23  exempt from the provisions of s. 119.07(1) and s. 24, Art. I
24  of the State Constitution:
25         1.(a)  Personal identifying information relating to
26  clients of programs created or funded through the Florida
27  Alzheimer's Center and Research Institute which is held by the
28  institute, the University of South Florida, or the State Board
29  of Education or by persons who provide services to clients of
30  programs created or funded through contracts with the Florida
31  Alzheimer's Center and Research Institute;
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SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 2.(b) Any medical or health records relating to 2 patients which may be created or received by the institute; 3 3. Proprietary confidential business information. As 4 used in this subparagraph, the term "proprietary confidential 5 business information" means information, regardless of its 6 form or characteristics, which is owned or controlled by the 7 institute; is intended to be and is treated by the institute 8 as private and the disclosure of which would harm the business 9 operations of the institute; has not been intentionally 10 disclosed by the institute unless pursuant to law, an order of 11 a court or administrative body, a legislative proceeding 12 pursuant to s. 5, Art. III of the State Constitution, or a 13 private agreement that provides that the information may be 14 released to the public; and which is information concerning: 15 a. Trade secrets as defined in s. 688.002, including 16 information relating 17 (c) Materials that relate to methods of manufacture or 18 production, potential trade secrets, potentially patentable 19 material, actual trade secrets as defined in s. 688.002, or 20 proprietary information received, generated, ascertained, or 21 discovered during the course of research conducted by or 22 through the institute, and reimbursement methodologies or 23 rates. and business transactions resulting from such research; 24 b.(d) The identity of a donor or prospective donor to 25 the Florida Alzheimer's Center and Research institute who 26 wishes to remain anonymous, and all information identifying 27 such donor or prospective donor.; 28 c.(e) Any information received by the institute in the 29 performance of its duties and responsibilities which is 30 otherwise confidential and exempt by law.; and 31 d.(f) Any information received by the institute from a 2 1:58 PM 03/31/04 s2922c-12c3t
SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 person from another state or nation or the Federal Government 2 which is otherwise confidential or exempt pursuant to that 3 state's or nation's laws or pursuant to federal law. 4 e. Systems or techniques used by third-party payors or 5 their agents to access and control health care service 6 payments. 7 f. Financial incentives or disincentives related to 8 the use of specific providers, services, or service sites. 9 g. Methods of access to and coordination of services 10 by a case manager. 11 h. Information relating to private contractual data, 12 upon a determination by the board of directors that the 13 disclosure of that information would impair the competitive 14 interest of the provider of the information. Such 15 determination by the board must be reflected in the minutes of 16 the meeting at which the determination was made. 17 i. That portion of the salary or benefits paid to an 18 employee of the institute who performs scientific research, 19 which salary or benefits are not paid from public funds. 20 Personnel records of such employee shall provide notice that 21 such employee receives a portion of salary or benefits payment 22 from private sources. 23 j. Minutes of those portions of a meeting of the 24 governing board of the institute which are closed pursuant to 25 paragraph (11)(a). 26 (b) Any governmental entity that demonstrates a need 27 to access such confidential and exempt information in order to 28 perform its duties and responsibilities shall have access to 29 such information and shall otherwise keep such information 30 confidential and exempt. 31 (10) Subsection (9) This section is subject to the 3 1:58 PM 03/31/04 s2922c-12c3t
SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 Open Government Sunset Review Act of 1995 in accordance with 2 s. 119.15 and shall stand repealed on October 2, 2009 2006, 3 unless reviewed and saved from repeal through reenactment by 4 the Legislature. 5 (11)(a) That portion of a meeting of the governing 6 board of the Florida Alzheimer's Center and Research Institute 7 at which information is discussed which is made confidential 8 and exempt pursuant to subsection (9) is exempt from s. 9 286.011 and s. 24(b), Art. I of the State Constitution. 10 (b) This subsection is subject to the Open Government 11 Sunset Review Act of 1995 in accordance with s. 119.15 and 12 shall stand repealed on October 2, 2009, unless reviewed and 13 saved from repeal through reenactment by the Legislature. 14 Section 5. The Legislature finds that it is a public 15 necessity that personal identifying information relating to 16 clients of programs created or funded through the Florida 17 Alzheimer's Center and Research Institute, any medical or 18 health records relating to patients, and proprietary 19 confidential business information owned or controlled by the 20 Florida Alzheimer's Center and Research Institute be made 21 confidential and exempt. If information identifying clients of 22 programs created or funded through the institute were made 23 available, the personal privacy of those clients would be 24 invaded. Those clients could be subjected to public 25 embarrassment if their participation in these programs were 26 made known. Without protection for the identity of clients, 27 the ability of the institute to attract clients and perform 28 the duties for which it was created would be adversely 29 affected. Further, the Legislature finds that medical or 30 health records relating to patients of the institute must be 31 confidential and exempt. Medical and health records contain 4 1:58 PM 03/31/04 s2922c-12c3t
SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 sensitive, highly personal information and, without protection 2 for such information, patients might refuse the services of 3 the institute. Further, access to proprietary confidential 4 business information owned or controlled by the institute 5 could be used to create an unfair competitive advantage for 6 persons receiving such information, which would adversely 7 impact the institute, as well as entities whose proprietary 8 confidential business information is controlled by the 9 institute. If trade secrets owned or controlled by the 10 institute could be inspected and copied, other persons could 11 take the benefit of the research performed by the institute, 12 or of its business partners or agents, without compensation or 13 reimbursement to the institute or its business partners or 14 agents. Further, if such information were not protected, other 15 entities would likely decline to enter into partnership or 16 other business arrangements with the institute knowing that 17 their proprietary confidential business information could be 18 publicly available. The Legislature further finds that systems 19 or techniques used by third-party payors or their agents to 20 access and control health care service payments must also be 21 confidential and exempt because these methods or techniques 22 are developed by these third-party payors and if such 23 information were made available when in the possession of the 24 institute, competitors of the third-party payors could obtain 25 an economic advantage over the third-party payors. If that 26 were to occur, third-party payors would refuse to contract 27 with the institute, which would adversely affect the 28 institute. Further, the Legislature finds that financial 29 incentives or disincentives related to the use of specific 30 providers, services, or service sites and methods of access 31 and coordination of services must also be confidential and 5 1:58 PM 03/31/04 s2922c-12c3t
SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 exempt. If this information were obtained by competitors, it 2 could be used to the disadvantage of entities that contract 3 with the institute and these entities might refrain from 4 entering into such contracts on that basis. Further, the 5 Legislature finds that if the identity of a donor or 6 prospective donor who wishes to remain anonymous were not 7 protected, income from donations would be adversely affected, 8 which would cause a negative impact on the institute. The 9 Legislature also finds that information received by the 10 institute from a person in another state or nation or the 11 Federal Government which is otherwise exempt or confidential 12 pursuant to the laws of that state or nation or pursuant to 13 federal law should remain exempt or confidential because the 14 highly confidential nature of research necessitates that the 15 institute be authorized to maintain the status of exempt or 16 confidential information it receives from sponsors of research 17 and other persons. The Legislature finds that the disclosure 18 of such information would adversely impact the institute's 19 ability to fulfill the mission of research for which the 20 institute was created. It is a public necessity that the 21 institute have the same confidential protections for 22 information received in the performance of its duties and 23 obligations which is confidential and exempt by law in order 24 to put it on an equal footing with other public research 25 institutes and to ensure that it has similar opportunities for 26 success as other private research entities. Further, the 27 Legislature finds that it is a public necessity that portions 28 of such meetings of the governing board of the institute at 29 which personal identifying information of clients, medical or 30 health records relating to patients, and proprietary 31 confidential business information that is discussed be made 6 1:58 PM 03/31/04 s2922c-12c3t
SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 confidential and exempt. Further, the Legislature finds that 2 exempting that portion of the salary or benefit of a 3 scientific researcher that is not paid from public funds is a 4 public necessity to enable the institute to attract the most 5 highly competent and qualified researchers as employees, while 6 still maintaining oversight over the expenditure of public 7 funds. If those portions of meetings of the governing board of 8 the institute at which confidential and exempt information is 9 discussed were not exempt, the exemption for that information 10 would be defeated. Further, for the same reason, the 11 Legislature finds that minutes of those portions of meetings 12 at which information made confidential and exempt by this act 13 are discussed must also be made confidential and exempt. 14 Further, the Legislature finds that protecting private 15 contractual data of entities that are in the possession of the 16 institute is a public necessity because those entities might 17 refuse to provide necessary information to the institute if it 18 were to be available to the public. Thus, for the foregoing 19 reasons, the Legislature finds that it is a public necessity 20 that personal identifying information relating to clients of 21 programs created or funded through the Florida Alzheimer's 22 Center and Research Institute, any medical or health records 23 relating to patients, and proprietary confidential business 24 information owned or controlled by the institute must be made 25 confidential and exempt from public disclosure. 26 Section 6. If any provision of this act or its 27 application to any person or circumstance is held invalid, the 28 invalidity does not affect other provisions or applications of 29 the act which can be given effect without the invalid 30 provision or application, and to this end the provisions of 31 this act are declared severable. 7 1:58 PM 03/31/04 s2922c-12c3t
SENATE AMENDMENT Bill No. SB 2922 Amendment No. ___ Barcode 182278 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 1, line 17, after the semicolon, 8 9 insert: 10 amending s. 1004.445, F.S.; creating a public 11 records exemption for proprietary confidential 12 business information owned or controlled by the 13 Florida Alzheimer's Center and Research 14 Institute; specifying types of information that 15 are deemed proprietary confidential business 16 information; creating a public meetings 17 exemption for specified meetings or portions 18 of meetings of the governing board of the 19 Florida Alzheimer's Center and Research 20 Institute; providing for future review and 21 repeal; providing a statement of public 22 necessity; providing severability; 23 24 25 26 27 28 29 30 31 8 1:58 PM 03/31/04 s2922c-12c3t