Florida Senate - 2011                      CS for CS for SB 1456
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Children, Families, and Elder Affairs; and Senator Garcia
       
       
       
       585-04608-11                                          20111456c2
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         408.910, F.S.; providing definitions; providing
    4         exemptions from public-records requirements for
    5         personal identifying information of an enrollee or
    6         participant in the Florida Health Choices Program,
    7         client and customer lists of buyers’ representatives
    8         which are held by Florida Health Choices, Inc., and
    9         proprietary confidential business information of
   10         vendors which is held by Florida Health Choices, Inc.;
   11         providing for disclosure of such confidential and
   12         exempt information to certain persons and entities
   13         upon written request; providing that the guardian of a
   14         participant in the program is not prohibited from
   15         obtaining certain information; providing a criminal
   16         penalty; providing for future legislative review and
   17         repeal of the exemptions; providing findings of public
   18         necessity; providing an effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (14) is added to section 408.910,
   23  Florida Statutes, to read:
   24         408.910 Florida Health Choices Program.—
   25         (14) EXEMPTIONS.—
   26         (a) As used in this subsection, the term:
   27         1. “Buyer’s representative” means a participating health
   28  insurance agent as described in paragraph (4)(g).
   29         2. “Enrollee” means an employer who is eligible to enroll
   30  in the program pursuant to paragraph (4)(a).
   31         3. “Participant” means an individual who is eligible to
   32  participate in the program pursuant to paragraph (4)(b).
   33         4. “Proprietary confidential business information” means
   34  information, regardless of its form or characteristics, which
   35  relates to business plans, internal auditing controls, reports
   36  of internal auditors, reports of external auditors of privately
   37  held companies, potentially patentable material, or trade
   38  secrets as defined in s. 688.002, and such information:
   39         a. Is owned or controlled by a vendor requesting
   40  confidentiality under this subsection;
   41         b. Is intended to be and is treated by the vendor as
   42  private in that the disclosure of the information would cause
   43  harm to the business operations of the vendor; and
   44         c. Has not been disclosed unless disclosed pursuant to a
   45  statutory provision, an order of a court or administrative body,
   46  or a private agreement that provides that the information may be
   47  released to the public.
   48         5. “Vendor” means a participating insurer or other provider
   49  of services as described in paragraph (4)(d).
   50         (b)1. Personal identifying information of an enrollee or
   51  participant who has applied for or participates in the Florida
   52  Health Choices Program is confidential and exempt from s.
   53  119.07(1) and s. 24(a), Art. I of the State Constitution.
   54         2. Client and customer lists of a buyer’s representative
   55  which are held by the corporation are confidential and exempt
   56  from s. 119.07(1) and s. 24(a), Art. I of the State
   57  Constitution.
   58         3. Proprietary confidential business information of a
   59  vendor which is held by the corporation is confidential and
   60  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   61  Constitution.
   62         (c) The public-record exemptions in paragraph (b) apply to
   63  information held by the corporation before, on, or after October
   64  1, 2011.
   65         (d)1. Upon request, information made confidential and
   66  exempt pursuant to this subsection shall be disclosed to:
   67         a. Another governmental entity in the performance of its
   68  official duties and responsibilities.
   69         b. Any person who has the written consent of the program’s
   70  applicant.
   71         c. The Florida Kidcare program for the purpose of
   72  administering the program authorized in ss. 409.810-409.821.
   73         2. Paragraph (b) does not prohibit a participant’s legal
   74  guardian from obtaining confirmation of coverage, dates of
   75  coverage, the name of the participant’s health plan, and the
   76  amount of premium being paid.
   77         (e) A person who knowingly and willfully violates this
   78  subsection commits a misdemeanor of the second degree,
   79  punishable as provided in s. 775.082 or s. 775.083.
   80         (f) This subsection is subject to the Open Government
   81  Sunset Review Act in accordance with s. 119.15, and shall stand
   82  repealed on October 2, 2016, unless reviewed and saved from
   83  repeal through reenactment by the Legislature.
   84         Section 2. (1)The Legislature finds that it is a public
   85  necessity that any information identifying an enrollee or
   86  participant in the Florida Health Choices Program, including
   87  such information received during the application process, be
   88  held confidential and exempt from public-records requirements.
   89  The harm caused by releasing such personal and sensitive
   90  information outweighs any public benefit from releasing it. If
   91  such information is not held confidential, the administration of
   92  the program could be significantly impaired because businesses
   93  and individuals would be less inclined to apply, participate, or
   94  enroll in the Florida Health Choices Program. This lack of
   95  participation would significantly decrease the number of the
   96  program’s participants or enrollees. Therefore, it is a public
   97  necessity that any information identifying a participant or
   98  enrollee in the Florida Health Choices Program, including such
   99  information received during the application process, be held
  100  confidential and exempt from public-records requirements.
  101         (2)The Legislature finds that it is a public necessity
  102  that proprietary confidential business information of a vendor
  103  and the customer and client lists of a buyer’s representative be
  104  made confidential and exempt from public-records requirements.
  105  The disclosure of a vendor’s proprietary confidential business
  106  information or a customer and client list of a buyer’s
  107  representative could cause injury in the marketplace by
  108  providing competitors with detailed insights into confidential
  109  business information, strategies, methodologies, plans, or
  110  client lists which would diminish the advantage that the vendor
  111  or the buyer’s representative maintains over those that do not
  112  possess such information. Without these exemptions, private
  113  sector vendors or buyer’s representatives, whose business
  114  records generally are not required to be open to the public,
  115  might refrain from participating in the Florida Health Choices
  116  Program and not offer affordable, quality health insurance,
  117  health services, and benefits’ products through the program. The
  118  harm to the vendors or the buyer’s representatives in the
  119  marketplace and harm to the effective administration of the
  120  Florida Health Choices Program caused by the public disclosure
  121  of such information far outweighs the public benefits derived
  122  from the release of the information. Therefore, it is a public
  123  necessity that proprietary confidential business information of
  124  the vendors and customer and client lists of the buyer’s
  125  representatives be held confidential and exempt from public
  126  records requirements.
  127         Section 3. This act shall take effect October 1, 2011.