Senate Bill sb2416

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    Florida Senate - 2007                                  SB 2416

    By Senator Ring





    32-1878-07

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 288.9566, F.S.; creating an

  4         exemption from public-records requirements for

  5         proprietary confidential business information

  6         relating to state university research projects

  7         which is held by Sure Ventures

  8         Commercialization, Inc.; providing for future

  9         legislative review and repeal; providing a

10         statement of public necessity; providing a

11         contingent effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 288.9566, Florida Statutes, is

16  created to read:

17         288.9566  Exemptions from public-records and

18  public-meetings requirements; Sure Ventures Commercialization,

19  Inc.--

20         (1)  The following information held by Sure Ventures

21  Commercialization, Inc., is confidential and exempt from s.

22  24, Art. I of the State Constitution and s. 119.07(1):

23         (a)  Materials that relate to methods of manufacture or

24  production, potential trade secrets, patentable material,

25  actual trade secrets as defined in s. 688.002, or proprietary

26  information received, generated, ascertained, or discovered by

27  or through the state universities' research projects submitted

28  for funding under the Sure Ventures Commercialization Grant

29  Program.

30         (b)  Agreements and proposals to receive funding,

31  including grant applications; however, those portions of such

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    Florida Senate - 2007                                  SB 2416
    32-1878-07




 1  agreements and proposals, including grant applications, which

 2  do not contain information made exempt by paragraph (a), are

 3  not confidential and exempt upon issuance of the report that

 4  is made after the conclusion of the project for which funding

 5  was provided.

 6         (c)  Materials that relate to the identity of other

 7  investors or potential investors in projects reviewed by the

 8  corporation.

 9         (d)  Any information received from a person or another

10  state or nation or the federal government which is otherwise

11  confidential or exempt under that state's or nation's laws or

12  under federal law.

13         (2)  That portion of a meeting of the board of

14  directors of Sure Ventures Commercialization, Inc., at which

15  information is presented or discussed which is confidential

16  and exempt under subsection (1) is closed to the public and

17  exempt from s. 24(b), Art. I of the State Constitution and s.

18  286.011.

19         (3)  Any records generated during those portions of the

20  board meetings which are closed to the public under subsection

21  (2), such as minutes, tape recordings, videotapes,

22  transcriptions, or notes, are confidential and exempt from s.

23  24, Art. I of the State Constitution and s. 119.07(1).

24         (4)  Public employees may inspect and copy records or

25  information that is made exempt and confidential under this

26  section exclusively for the performance of their public

27  duties. Public employees receiving this exempt and

28  confidential information must maintain the confidentiality of

29  the information. Any public employee receiving confidential

30  information who violates this subsection commits a misdemeanor

31  

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    Florida Senate - 2007                                  SB 2416
    32-1878-07




 1  of the first degree, punishable as provided by s. 775.082 or

 2  s. 775.083.

 3         (5)  At the time that any record or information made

 4  confidential and exempt by this section, or portion thereof,

 5  is legally available or subject to public disclosure for any

 6  other reason, that record or information, or portion thereof,

 7  is no longer confidential and exempt and shall be made

 8  available for inspection and copying.

 9         (6)  This section is subject to the Open Government

10  Sunset Review Act in accordance with s. 119.15 and shall stand

11  repealed on October 2, 2012, unless reviewed and saved from

12  repeal through reenactment by the Legislature.

13         Section 2.  The Legislature finds that it is a public

14  necessity that proprietary, confidential business information

15  held by Sure Ventures Commercialization, Inc., regarding

16  certain funding proposals and proprietary business information

17  of public universities be held confidential and exempt from s.

18  119.07(1), Florida Statutes, and Section 24(a), Article I of

19  the State Constitution. Disclosing proprietary confidential

20  business information derived from university research

21  projects, including trade secrets as defined in s. 688.002,

22  Florida Statutes, would negatively affect the ability of

23  public universities that rely heavily on the information

24  gained from publicly funded research products to generate

25  investment returns, and competitor partnerships could gain an

26  unfair competitive advantage if provided access to such

27  information. The release of university-based proprietary

28  confidential business information, including trade secrets,

29  could result in inadequate returns and ultimately frustrate

30  attainment of the investment objective of the Sure Ventures

31  Commercialization Grant Program. In finding that the

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    Florida Senate - 2007                                  SB 2416
    32-1878-07




 1  public-records exemption created by this act is a public

 2  necessity, the Legislature finds that the public and private

 3  harm in disclosing proprietary confidential business

 4  information relating to university research projects

 5  significantly outweighs any public benefit derived from

 6  disclosure; that the exemption created by this act will

 7  enhance the ability of the Sure Ventures Commercialization

 8  Grant Program to fulfill its duty to support the

 9  commercialization of publicly funded research products; and

10  that the public's ability to be informed regarding the

11  university's research projects funded by the grant program is

12  preserved by the disclosure of information excepted from the

13  created exemption.

14         Section 3.  This act shall take effect July 1, 2007, if

15  Senate Bill   or similar legislation is adopted in the same

16  legislative session or an extension thereof and becomes law.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Creates an exemption from public-records requirements for
      proprietary confidential business information developed
21    by state university research and development projects and
      held by Sure Ventures Commercialization, Inc. Creates an
22    exemption from open-meetings requirements for meetings at
      which confidential proprietary business information is
23    discussed. Provides for future review and repeal.
      Provides a statement of public necessity.
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