2016 Legislature                                         SB 7020
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 408.910, F.S., relating
    4         to an exemption from public records requirements for
    5         personal identifying information of an enrollee or
    6         participant in the Florida Health Choices Program, for
    7         client and customer lists of a buyer’s representative
    8         held by the Florida Health Choices, Inc., and for
    9         proprietary confidential business information held by
   10         the corporation, and relating to a penalty for
   11         unlawful disclosure of confidential and exempt
   12         information; saving the exemption from repeal under
   13         the Open Government Sunset Review Act; providing an
   14         effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (14) of section 408.910, Florida
   19  Statutes, is amended to read:
   20         408.910 Florida Health Choices Program.—
   22         (a) Definitions.—For purposes of this subsection, the term:
   23         1. “Buyer’s representative” means a participating insurance
   24  agent as described in paragraph (4)(g).
   25         2. “Enrollee” means an employer who is eligible to enroll
   26  in the program pursuant to paragraph (4)(a).
   27         3. “Participant” means an individual who is eligible to
   28  participate in the program pursuant to paragraph (4)(b).
   29         4. “Proprietary confidential business information” means
   30  information, regardless of form or characteristics, that is
   31  owned or controlled by a vendor requesting confidentiality under
   32  this section; that is intended to be and is treated by the
   33  vendor as private in that the disclosure of the information
   34  would cause harm to the business operations of the vendor; that
   35  has not been disclosed unless disclosed pursuant to a statutory
   36  provision, an order of a court or administrative body, or a
   37  private agreement providing that the information may be released
   38  to the public; and that is information concerning:
   39         a. Business plans.
   40         b. Internal auditing controls and reports of internal
   41  auditors.
   42         c. Reports of external auditors for privately held
   43  companies.
   44         d. Client and customer lists.
   45         e. Potentially patentable material.
   46         f. A trade secret as defined in s. 688.002.
   47         5. “Vendor” means a participating insurer or other provider
   48  of services as described in paragraph (4)(d).
   49         (b) Public record exemptions.—
   50         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  held by the corporation are confidential and exempt from s.
   56  119.07(1) and s. 24(a), Art. I of the State Constitution.
   57         3. Proprietary confidential business information held by
   58  the corporation is confidential and exempt from s. 119.07(1) and
   59  s. 24(a), Art. I of the State Constitution.
   60         (c) Retroactive application.—The public record exemptions
   61  provided for in paragraph (b) apply to information held by the
   62  corporation before, on, or after the effective date of this
   63  exemption.
   64         (d) Authorized release.—
   65         1. Upon request, information made confidential and exempt
   66  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
   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) Penalty.—A person who knowingly and willfully violates
   78  this subsection commits a misdemeanor of the second degree,
   79  punishable as provided in s. 775.082 or s. 775.083.
   80         (f) Review and repeal.—This subsection is subject to the
   81  Open Government Sunset Review Act in accordance with s. 119.15,
   82  and shall stand repealed on October 2, 2016, unless reviewed and
   83  saved from repeal through reenactment by the Legislature.
   84         Section 2. This act shall take effect October 1, 2016.