HB 449

1	A bill to be entitled
2	An act relating to a public records exemption; amending s.
3	1004.43, F.S.; expanding the public records exemption for
4	proprietary confidential business information owned or
5	controlled by the not-for-profit corporation operating the
6	H. Lee Moffitt Cancer Center and Research Institute and
7	its subsidiaries relating to trade secrets; expanding the
8	exemption to include information received from an agency
9	in this or another state or nation or the Federal
10	Government which is otherwise exempt or confidential
11	pursuant to the laws of this or another state or nation or
12	pursuant to federal law; providing for future review and
13	repeal; providing a statement of public necessity;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Paragraph (b) of subsection (8) of section
19	1004.43, Florida Statutes, is amended, and paragraph (c) is
20	added to said subsection, to read:
21	1004.43  H. Lee Moffitt Cancer Center and Research
22	Institute.--There is established the H. Lee Moffitt Cancer
23	Center and Research Institute at the University of South
24	Florida.
25	(8)
26	(b)  Proprietary confidential business information is
27	confidential and exempt from the provisions of s. 119.07(1) and
28	s. 24(a), Art. I of the State Constitution. However, the Auditor
29	General, the Office of Program Policy Analysis and Government
30	Accountability, and the State Board of Education, pursuant to
31	their oversight and auditing functions, must be given access to
32	all proprietary confidential business information upon request
33	and without subpoena and must maintain the confidentiality of
34	information so received. As used in this paragraph, the term
35	"proprietary confidential business information" means
36	information, regardless of its form or characteristics, which is
37	owned or controlled by the not-for-profit corporation or its
38	subsidiaries; is intended to be and is treated by the not-for-
39	profit corporation or its subsidiaries as private and the
40	disclosure of which would harm the business operations of the
41	not-for-profit corporation or its subsidiaries; has not been
42	intentionally disclosed by the corporation or its subsidiaries
43	unless pursuant to law, an order of a court or administrative
44	body, a legislative proceeding pursuant to s. 5, Art. III of the
45	State Constitution, or a private agreement that provides that
46	the information may be released to the public; and which is
47	information concerning:
48	1.  Internal auditing controls and reports of internal
49	auditors;
50	2.  Matters reasonably encompassed in privileged attorney-
51	client communications;
52	3.  Contracts for managed-care arrangements, including
53	preferred provider organization contracts, health maintenance
54	organization contracts, and exclusive provider organization
55	contracts, and any documents directly relating to the
56	negotiation, performance, and implementation of any such
57	contracts for managed-care arrangements;
58	4.  Bids or other contractual data, banking records, and
59	credit agreements the disclosure of which would impair the
60	efforts of the not-for-profit corporation or its subsidiaries to
61	contract for goods or services on favorable terms;
62	5.  Information relating to private contractual data, the
63	disclosure of which would impair the competitive interest of the
64	provider of the information;
65	6.  Corporate officer and employee personnel information;
66	7.  Information relating to the proceedings and records of
67	credentialing panels and committees and of the governing board
68	of the not-for-profit corporation or its subsidiaries relating
69	to credentialing;
70	8.  Minutes of meetings of the governing board of the not-
71	for-profit corporation and its subsidiaries, except minutes of
72	meetings open to the public pursuant to subsection (9);
73	9.  Information that reveals plans for marketing services
74	that the corporation or its subsidiaries reasonably expect to be
75	provided by competitors;
76	10.  Trade secrets as defined in s. 688.002, including:
77	a.  Information relating to methods of manufacture or
78	production, potential trade secrets, potentially patentable
79	materials, or proprietary information received, generated,
80	ascertained, or discovered during the course of research
81	conducted by the not-for-profit corporation or its subsidiaries;
82	and
83	b.  Reimbursement methodologies or rates; or
84	11.  The identity of donors or prospective donors of
85	property who wish to remain anonymous or any information
86	identifying such donors or prospective donors. The anonymity of
87	these donors or prospective donors must be maintained in the
88	auditor's report; or.
89	12.  Any information received by the not-for-profit
90	corporation or its subsidiaries from an agency in this or
91	another state or nation or the Federal Government which is
92	otherwise exempt or confidential pursuant to the laws of this or
93	another state or nation or pursuant to federal law.
94
95	As used in this paragraph, the term "managed care" means systems
96	or techniques generally used by third-party payors or their
97	agents to affect access to and control payment for health care
98	services. Managed-care techniques most often include one or more
99	of the following: prior, concurrent, and retrospective review of
100	the medical necessity and appropriateness of services or site of
101	services; contracts with selected health care providers;
102	financial incentives or disincentives related to the use of
103	specific providers, services, or service sites; controlled
104	access to and coordination of services by a case manager; and
105	payor efforts to identify treatment alternatives and modify
106	benefit restrictions for high-cost patient care.
107	(c)  Subparagraphs 10. and 12. of paragraph (b) are subject
108	to the Open Government Sunset Review Act of 1995 in accordance
109	with s. 119.15 and shall stand repealed on October 2, 2010,
110	unless reviewed and saved from repeal through reenactment by the
111	Legislature.
112	Section 2.  The Legislature finds that it is a public
113	necessity that information relating to methods of manufacture or
114	production, potential trade secrets, potentially patentable
115	materials, or proprietary information received, generated,
116	ascertained, or discovered during the course of research
117	conducted by the not-for-profit corporation organized solely for
118	the purpose of governing and operating the H. Lee Moffitt Cancer
119	Center and Research Institute or its subsidiaries be held
120	confidential and exempt from public disclosure because the
121	disclosure of such information would adversely impact the not-
122	for-profit corporation or its subsidiaries and would create an
123	unfair competitive advantage for persons receiving such
124	information. If such confidential and exempt information
125	regarding research in progress were released pursuant to a
126	public records request, others would be allowed to take the
127	benefit of the research without compensation or reimbursement to
128	the research center. The Legislature further finds that it is a
129	public necessity that information received by the not-for-profit
130	corporation or its subsidiaries from an agency in this or
131	another state or nation or the Federal Government which is
132	otherwise exempt or confidential from public disclosure pursuant
133	to the laws of this or another state or nation or pursuant to
134	federal law should remain exempt or confidential from public
135	records requirements because the highly confidential nature of
136	cancer-related research necessitates that the not-for-profit
137	corporation or its subsidiaries be authorized to maintain the
138	status of the exempt or confidential information it receives.
139	Without the exemptions provided for in this act, the disclosure
140	of confidential and exempt information would place the not-for-
141	profit corporation on an unequal footing in the marketplace as
142	compared with its private health care and medical research
143	competitors that are not required to disclose such confidential
144	and exempt information. The Legislature finds that the
145	disclosure of such confidential and exempt information would
146	adversely impact the not-for-profit corporation or its
147	subsidiaries in fulfilling their mission of cancer treatment,
148	research, and education.
149	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.