CS/HB 1473

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

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