Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1456
Barcode 184416
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/05/2011 .
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The Committee on Children, Families, and Elder Affairs (Hays)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (14) is added to section 408.910,
6 Florida Statutes, to read:
7 408.910 Florida Health Choices Program.—
8 (14) EXEMPTIONS.—
9 (a) As used in this subsection, the term:
10 1. “Buyer’s representative” means a participating health
11 insurance agent as described in paragraph (4)(g).
12 2. “Enrollee” means an employer who is eligible to enroll
13 in the program pursuant to paragraph (4)(a).
14 3. “Participant” means an individual who is eligible to
15 participate in the program pursuant to paragraph (4)(b).
16 4. “Proprietary confidential business information” means
17 information, regardless of its form or characteristics, which
18 relates to business plans, internal auditing controls, reports
19 of internal auditors, reports of external auditors of privately
20 held companies, potentially patentable material, or trade
21 secrets as defined in s. 688.002, and such information:
22 a. Is owned or controlled by a vendor requesting
23 confidentiality under this subsection;
24 b. Is intended to be and is treated by the vendor as
25 private in that the disclosure of the information would cause
26 harm to the business operations of the vendor; and
27 c. Has not been disclosed unless disclosed pursuant to a
28 statutory provision, an order of a court or administrative body,
29 or a private agreement that provides that the information may be
30 released to the public.
31 5. “Vendor” means a participating insurer or other provider
32 of services as described in paragraph (4)(d).
33 (b)1. Personal identifying information of an enrollee or
34 participant who has applied for or participates in the Florida
35 Health Choices Program is confidential and exempt from s.
36 119.07(1) and s. 24(a), Art. I of the State Constitution.
37 2. Client and customer lists of a buyer’s representative
38 which is held by the corporation is confidential and exempt from
39 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
40 3. Proprietary confidential business information of a
41 vendor which is held by the corporation is confidential and
42 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
43 Constitution.
44 (c) The public-record exemptions in paragraph (b) apply to
45 information held by the corporation before, on, or after October
46 1, 2011.
47 (d)1. Upon request, information made confidential and
48 exempt pursuant to this subsection shall be disclosed to:
49 a. Another governmental entity in the performance of its
50 official duties and responsibilities.
51 b. Any person who has the written consent of the program’s
52 applicant.
53 c. The Florida Kidcare program for the purpose of
54 administering the program authorized in ss. 409.810-409.821.
55 2. Paragraph (b) does not prohibit a participant’s legal
56 guardian from obtaining confirmation of coverage, dates of
57 coverage, the name of the participant’s health plan, and the
58 amount of premium being paid.
59 (e) A person who knowingly and willfully violates this
60 subsection commits a misdemeanor of the second degree,
61 punishable as provided in s. 775.082 or s. 775.083.
62 (f) This subsection is subject to the Open Government
63 Sunset Review Act in accordance with s. 119.15, and shall stand
64 repealed on October 2, 2016, unless reviewed and saved from
65 repeal through reenactment by the Legislature.
66 Section 2. (1) The Legislature finds that it is a public
67 necessity that any information identifying an enrollee or
68 participant in the Florida Health Choices Program, including
69 such information received during the application process, be
70 held confidential and exempt from public-records requirements.
71 The harm caused by releasing such personal and sensitive
72 information outweighs any public benefit from releasing it. If
73 such information is not held confidential, the administration of
74 the program could be significantly impaired because businesses
75 and individuals would be less inclined to apply, participate, or
76 enroll in the Florida Health Choices Program. This lack of
77 participation would significantly decrease the number of the
78 program’s participants or enrollees. Therefore, it is a public
79 necessity that any information identifying a participant or
80 enrollee in the Florida Health Choices Program, including such
81 information received during the application process, be held
82 confidential and exempt from public-records requirements.
83 (2) The Legislature finds that it is a public necessity
84 that proprietary confidential business information of a vendor
85 and the customer and client lists of a buyer’s representative be
86 made confidential and exempt from public-records requirements.
87 The disclosure of a vendor’s proprietary confidential business
88 information or a customer and client list of a buyer’s
89 representative could cause injury in the marketplace by
90 providing competitors with detailed insights into confidential
91 business information, strategies, methodologies, plans, or
92 client lists which would diminish the advantage that the vendor
93 or the buyer’s representative maintains over those that do not
94 possess such information. Without these exemptions, private
95 sector vendors or buyer’s representatives, whose business
96 records generally are not required to be open to the public,
97 might refrain from participating in the Florida Health Choices
98 Program and not offer affordable, quality health insurance,
99 health services, and benefits’ products through the program. The
100 harm to the vendors or the buyer’s representatives in the
101 marketplace and harm to the effective administration of the
102 Florida Health Choices Program caused by the public disclosure
103 of such information far outweighs the public benefits derived
104 from the release of the information. Therefore, it is a public
105 necessity that proprietary confidential business information of
106 the vendors and customer and client lists of the buyer’s
107 representatives be held confidential and exempt from public
108 records requirements.
109 Section 3. This act shall take effect October 1, 2011.
110
111 ================= T I T L E A M E N D M E N T ================
112 And the title is amended as follows:
113 Delete everything before the enacting clause
114 and insert:
115 A bill to be entitled
116 An act relating to public records; amending s.
117 408.910, F.S.; providing definitions; providing
118 exemptions from public-records requirements for
119 personal identifying information of an enrollee or
120 participant in the Florida Health Choices Program,
121 client and customer lists of buyers’ representatives
122 which are held by Florida Health Choices, Inc., and
123 proprietary confidential business information of
124 vendors which is held by Florida Health Choices, Inc.;
125 providing for disclosure of such confidential and
126 exempt information to certain persons and entities
127 upon written request; providing that the guardian of a
128 participant in the program is not prohibited from
129 obtaining certain information; providing a criminal
130 penalty; providing for future legislative review and
131 repeal of the exemptions; providing findings of public
132 necessity; providing an effective date.