Florida Senate - 2009              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1902
       
       
       
       
       
                                Barcode 705766                          
       
       585-04157-09                                                    
       Proposed Committee Substitute by the Committee on Governmental
       Oversight and Accountability
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 1004.4472, F.S.,
    4         relating to an exemption from the public-records law
    5         provided for records held by the Florida Institute for
    6         Human and Machine Cognition, Inc., or its subsidiary,
    7         and an exemption from the public-meetings law provided
    8         for portions of meetings of the institute or its
    9         subsidiary at which confidential information is
   10         presented or discussed; saving the exemptions from
   11         repeal under the Open Government Sunset Review Act;
   12         deleting provisions that provide for repeal of the
   13         exemptions; providing an effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 1004.4472, Florida Statutes, is amended
   18  to read:
   19         1004.4472 Florida Institute for Human and Machine
   20  Cognition, Inc.; public records exemption; public meetings
   21  exemption.—
   22         (1) For purposes of this section, the term:
   23         (a)“Corporation” means the Florida Institute for Human and
   24  Machine Cognition, Inc.
   25         (b)“Subsidiary” means a subsidiary authorized and approved
   26  by the corporation.
   27         (2) The following information held by the corporation
   28  Florida Institute for Human and Machine Cognition, Inc., or its
   29  an authorized subsidiary of the corporation, is confidential and
   30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   31  Constitution:
   32         (a) Material relating to methods of manufacture or
   33  production, potential trade secrets, patentable material, actual
   34  trade secrets as defined in s. 688.002 or proprietary
   35  information received, generated, ascertained, or discovered
   36  during the course of research conducted by or through the
   37  corporation or a subsidiary Florida Institute for Human and
   38  Machine Cognition, Inc., and its subsidiaries, and business
   39  transactions resulting from such research.
   40         (b) Any information received by the corporation or a
   41  subsidiary from a person from another state or nation or the
   42  Federal Government which is otherwise exempt or confidential
   43  pursuant to the laws of that state or nation or pursuant to
   44  federal law.
   45         (c) Any information received by the corporation or a
   46  subsidiary in the performance of its duties and responsibilities
   47  which is otherwise confidential and exempt by law.
   48         (d) All identifying information of a donor or prospective
   49  donor to the corporation or a subsidiary who wishes to remain
   50  anonymous.
   51         (3)(2) The corporation or its subsidiary shall permit any
   52  governmental entity to inspect or copy confidential and exempt
   53  information held by the corporation or its subsidiary which is
   54  necessary for that governmental entity to perform its duties and
   55  responsibilities. Any governmental entity that is permitted to
   56  inspect or copy confidential and exempt information held by the
   57  corporation or a subsidiary shall maintain the confidential and
   58  exempt status of that information.
   59         (4)(3) That portion of a meeting of the corporation or a
   60  subsidiary at which information is presented or discussed which
   61  is confidential and exempt pursuant to subsection (1) is exempt
   62  from s. 286.011 and s. 24(b), Art. I of the State Constitution.
   63         (4)This section is subject to the Open Government Sunset
   64  Review Act in accordance with s. 119.15 and shall stand repealed
   65  on October 2, 2009, unless reviewed and saved from repeal
   66  through reenactment by the Legislature.
   67         Section 2. This act shall take effect October 1, 2009.