Senate Bill sb1562c2

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    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator Villalobos




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  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         reenacting and amending section 240.213(4),

  4         F.S.; providing that self-insurance programs

  5         adopted by the university or college boards of

  6         trustees may not sue or be sued and their

  7         claims files are exempt from public-disclosure

  8         requirements; reenacting and amending s.

  9         240.237, F.S.; providing that certain

10         university and college student records as

11         prescribed by the university and college board

12         of trustees are exempt from public-disclosure

13         requirements; reenacting and amending s.

14         240.241(2), F.S.; providing that certain

15         records of a division of sponsored research are

16         exempt from public-disclosure requirements;

17         reenacting and amending s. 240.253, F.S.;

18         providing that university and college boards of

19         trustees adopt rules relating to employee

20         records; providing that certain university and

21         college employee records are exempt from

22         public-disclosure requirements; reenacting and

23         amending s. 240.299(5), F.S.; providing that

24         the State Board of Education receive an annual

25         audit report; providing that the State Board of

26         Education may request certain records;

27         providing that the State Board of Education and

28         the university and college boards of trustees

29         may request supplemental data; providing that

30         certain organization records and donor

31         identities are exempt from public-disclosure

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  1         requirements; reenacting and amending s.

  2         240.323, F.S.; providing that the State Board

  3         of Education adopt rules relating to student

  4         records; providing that certain community

  5         college student records are exempt from

  6         public-disclosure requirements; reenacting and

  7         amending s. 240.331(6), F.S.; providing for

  8         receipt of audit report by State Board of

  9         Education; providing that certain community

10         college direct support organization records are

11         exempt from public-disclosure requirements;

12         reenacting s. 240.3315(6), F.S., relating to

13         exemptions for certain donor identities from

14         public-disclosure requirements; reenacting and

15         amending s. 240.337, F.S.; providing that the

16         State Board of Education adopt rules relating

17         to employee records; providing that certain

18         community college employee records are exempt

19         from public-disclosure requirements; reenacting

20         and amending s. 240.512(8) and (9), F.S.;

21         providing that the State Board of Education

22         must be given access to all proprietary

23         confidential business information; providing

24         certain records and meetings of the H. Lee

25         Moffitt Cancer Center and Research Institute

26         and its not-for-profit subsidiaries are exempt

27         from public-disclosure and public-meetings

28         requirements; reenacting and amending s.

29         240.551(14) and (22)(c), F.S.; relating to an

30         exemption for identities of certain purchasers,

31         beneficiaries, and donors, and their account

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  1         records from public-disclosure requirements;

  2         reenacting s. 240.554, F.S., relating to

  3         exemptions from public-disclosure requirements

  4         for certain account information of the Florida

  5         College Savings Program; reenacting and

  6         amending s. 240.711(2)(h), F.S.; conforming a

  7         cross-reference; providing for exemption from

  8         public-disclosure requirements for certain

  9         donor identities; providing findings of public

10         necessity; providing an effective date.

11  

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

13  

14         Section 1.  Notwithstanding subsection (7) of section 3

15  of chapter 2000-321, Laws of Florida, subsection (4) of

16  section 240.213, Florida Statutes, is not repealed on January

17  7, 2003, as provided in that act, but that subsection is

18  reenacted and amended to read:

19         240.213  Board authorized to secure liability

20  insurance.--

21         (4)  No self-insurance program adopted by the

22  university or college board of trustees Board of Regents may

23  sue or be sued.  The Board of Regents shall pay, out of the

24  assets of a trust fund established pursuant to this section,

25  any claim or judgment for which the self-insurance trust funds

26  were created and which is rendered against the board.  The

27  claims files of any such program are privileged and

28  confidential, exempt from the provisions of s. 119.07(1) and

29  s. 24(a), Art. I of the State Constitution, and are only for

30  the use of the program in fulfilling its duties. Any

31  

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  1  self-insurance trust fund and revenues generated by that fund

  2  shall only be used to pay claims and administration expenses.

  3         Section 2.  Notwithstanding subsection (7) of section 3

  4  of chapter 2000-321, Laws of Florida, section 240.237, Florida

  5  Statutes, is not repealed on January 7, 2003, as provided in

  6  that act, but that section is reenacted and amended to read:

  7         240.237  Student records.--The university and college

  8  boards of trustees may prescribe the content and custody of

  9  records and reports which the university or college may

10  maintain on its students.  Such records are confidential and

11  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

12  I of the State Constitution, and are open to inspection only

13  as provided in s. 228.093.

14         Section 3.  Notwithstanding subsection (7) of section 3

15  of chapter 2000-321, Laws of Florida, subsection (2) of

16  section 240.241, Florida Statutes, is not repealed on January

17  7, 2003, as provided in that act, but that subsection is

18  reenacted and amended to read:

19         240.241  Divisions of sponsored research at state

20  universities.--

21         (2)  The university shall set such policies to regulate

22  the activities of the divisions of sponsored research as it

23  may consider necessary to effectuate the purposes of this act

24  and to administer the research programs in a manner which

25  assures efficiency and effectiveness, producing the maximum

26  benefit for the educational programs and maximum service to

27  the state.  To this end, materials that relate to methods of

28  manufacture or production, potential trade secrets,

29  potentially patentable material, actual trade secrets,

30  business transactions, or proprietary information received,

31  generated, ascertained, or discovered during the course of

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  1  research conducted within the state universities shall be

  2  confidential and exempt from the provisions of s. 119.07(1)

  3  and s. 24(a), Art. I of the State Constitution, except that a

  4  division of sponsored research shall make available upon

  5  request the title and description of a research project, the

  6  name of the researcher, and the amount and source of funding

  7  provided for such project.

  8         Section 4.  Notwithstanding subsection (7) of section 3

  9  of chapter 2000-321, Laws of Florida, section 240.253, Florida

10  Statutes, is not repealed on January 7, 2003, as provided in

11  that act, but that section is reenacted and amended to read:

12         240.253  Personnel records.--

13         (1)  Each university and college board of trustees

14  shall adopt rules prescribing the content and custody of

15  limited-access records that the university or college may

16  maintain on its employees.  Such limited-access records are

17  confidential and exempt from the provisions of s. 119.07(1)

18  and s. 24(a), Art. I of the State Constitution.  Such records

19  are limited to the following:

20         (a)  Records containing information reflecting academic

21  evaluations of employee performance shall be open to

22  inspection only by the employee and by officials of the

23  university or college responsible for supervision of the

24  employee.

25         (b)  Records maintained for the purposes of any

26  investigation of employee misconduct, including but not

27  limited to a complaint against an employee and all information

28  obtained pursuant to the investigation of such complaint,

29  shall be confidential until the investigation ceases to be

30  active or until the university or college provides written

31  

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  1  notice to the employee who is the subject of the complaint

  2  that the university or college has either:

  3         1.  Concluded the investigation with a finding not to

  4  proceed with disciplinary action;

  5         2.  Concluded the investigation with a finding to

  6  proceed with disciplinary action; or

  7         3.  Issued a letter of discipline.

  8  

  9  For the purpose of this paragraph, an investigation shall be

10  considered active as long as it is continuing with a

11  reasonable, good-faith good faith anticipation that a finding

12  will be made in the foreseeable future.  An investigation

13  shall be presumed to be inactive if no finding is made within

14  90 days after the complaint is filed.

15         (c)  Records maintained for the purposes of any

16  disciplinary proceeding brought against an employee shall be

17  confidential until a final decision is made in the proceeding.

18  The record of any disciplinary proceeding, including any

19  evidence presented, shall be open to inspection by the

20  employee at all times.

21         (d)  Records maintained for the purposes of any

22  grievance proceeding brought by an employee for enforcement of

23  a collective bargaining agreement or contract shall be

24  confidential and shall be open to inspection only by the

25  employee and by officials of the university or college

26  conducting the grievance proceeding until a final decision is

27  made in the proceeding.

28         (2)  Notwithstanding the foregoing, any records or

29  portions thereof which are otherwise confidential by law shall

30  continue to be exempt from the provisions of s. 119.07(1) and

31  s. 24(a), Art. I of the State Constitution.  In addition, for

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  1  sexual harassment investigations, portions of such records

  2  which identify the complainant, a witness, or information

  3  which could reasonably lead to the identification of the

  4  complainant or a witness are limited-access records.

  5         (3)  Except as required for use by the president in the

  6  discharge of his or her official responsibilities, the

  7  custodian of limited-access records may release information

  8  from such records only upon authorization in writing from the

  9  employee or upon order of a court of competent jurisdiction.

10         (4)  Notwithstanding the provisions of subsection (1),

11  records comprising the common core items contained in the

12  State University System Student Assessment of Instruction

13  instrument may not be prescribed as limited-access records.

14         (5)  This act shall apply to records created after July

15  1, 1995.

16         Section 5.  Notwithstanding subsection (7) of section 3

17  of chapter 2000-321, Laws of Florida, subsection (5) of

18  section 240.299, Florida Statutes, is not repealed on January

19  7, 2003, as provided in that act, but that subsection is

20  reenacted and amended to read:

21         240.299  Direct-support organizations; use of property;

22  board of directors; activities; audit; facilities.--

23         (5)  ANNUAL AUDIT.--Each direct-support organization

24  shall provide for an annual financial audit of its accounts

25  and records to be conducted by an independent certified public

26  accountant in accordance with rules adopted by the Auditor

27  General pursuant to s. 11.45(8) and by the Board of Regents.

28  The annual audit report shall be submitted, within 9 months

29  after the end of the fiscal year, to the Auditor General and

30  the State Board of Education Board of Regents for review.  The

31  State Board of Education, the university and college boards of

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  1  trustees Board of Regents, the Auditor General, and the Office

  2  of Program Policy Analysis and Government Accountability shall

  3  have the authority to require and receive from the

  4  organization or from its independent auditor any records

  5  relative to the operation of the organization. The identity of

  6  donors who desire to remain anonymous shall be protected, and

  7  that anonymity shall be maintained in the auditor's report.

  8  All records of the organization other than the auditor's

  9  report, management letter, and any supplemental data requested

10  by the State Board of Education, the university and college

11  boards of trustees Board of Regents, the Auditor General, and

12  the Office of Program Policy Analysis and Government

13  Accountability shall be confidential and exempt from the

14  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

15  Constitution.

16         Section 6.  Notwithstanding subsection (7) of section 3

17  of chapter 2000-321, Laws of Florida, section 240.323, Florida

18  Statutes, is not repealed on January 7, 2003, as provided in

19  that act, but that section is reenacted and amended to read:

20         240.323  Student records.--Rules of the State Board of

21  Education Community Colleges may prescribe the content and

22  custody of records and reports which a community college may

23  maintain on its students. Such records are confidential and

24  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

25  Constitution, and are open to inspection only as provided in

26  s. 228.093.

27         Section 7.  Notwithstanding subsection (7) of section 3

28  of chapter 2000-321, Laws of Florida, subsection (6) of

29  section 240.331, Florida Statutes, is not repealed on January

30  7, 2003, as provided in that act, but that subsection is

31  reenacted and amended to read:

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  1         240.331  Community college direct-support

  2  organizations.--

  3         (6)  ANNUAL AUDIT.--Each direct-support organization

  4  shall provide for an annual financial audit in accordance with

  5  rules adopted by the Auditor General pursuant to s. 11.45(8).

  6  The annual audit report must be submitted, within 9 months

  7  after the end of the fiscal year, to the Auditor General, the

  8  State Board of Education Community Colleges, and the board of

  9  trustees for review.  The board of trustees, the Auditor

10  General, and the Office of Program Policy Analysis and

11  Government Accountability may require and receive from the

12  organization or from its independent auditor any detail or

13  supplemental data relative to the operation of the

14  organization.  The identity of donors who desire to remain

15  anonymous shall be protected, and that anonymity shall be

16  maintained in the auditor's report. All records of the

17  organization, other than the auditor's report, any information

18  necessary for the auditor's report, any information related to

19  the expenditure of funds, and any supplemental data requested

20  by the board of trustees, the Auditor General, and the Office

21  of Program Policy Analysis and Government Accountability,

22  shall be confidential and exempt from the provisions of s.

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

24         Section 8.  Notwithstanding subsection (7) of section 3

25  of chapter 2000-321, Laws of Florida, subsection (6) of

26  section 240.3315, Florida Statutes, is not repealed on January

27  7, 2003, as provided in that act, but that subsection is

28  reenacted to read:

29         240.3315  Statewide community college direct-support

30  organizations.--

31  

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  1         (6)  ANNUAL AUDIT.--A statewide community college

  2  direct-support organization shall provide for an annual

  3  financial audit in accordance with s. 240.331. The identity of

  4  a donor or prospective donor who desires to remain anonymous

  5  and all information identifying such donor or prospective

  6  donor are confidential and exempt from the provisions of s.

  7  119.07(1) and s. 24(a), Art. I of the State Constitution. Such

  8  anonymity shall be maintained in the auditor's report.

  9         Section 9.  Notwithstanding subsection (7) of section 3

10  of chapter 2000-321, Laws of Florida, section 240.337, Florida

11  Statutes, is not repealed on January 7, 2003, as provided in

12  that act, but that section is reenacted and amended to read:

13         240.337  Records of personnel.--Rules of the State

14  Board of Education Community Colleges shall prescribe the

15  content and custody of limited-access records which a

16  community college may maintain on its employees.  Such records

17  shall be limited to information reflecting evaluations of

18  employee performance and shall be open to inspection only by

19  the employee and by officials of the community college who are

20  responsible for supervision of the employee.  Such limited

21  access employee records are confidential and exempt from the

22  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

23  Constitution. Except as required for use by the president in

24  the discharge of his or her official responsibilities, the

25  custodian of limited access employee records may release

26  information from such records only upon authorization in

27  writing from the employee or the president or upon order of a

28  court of competent jurisdiction.

29         Section 10.  Notwithstanding subsection (7) of section

30  3 of chapter 2000-321, Laws of Florida, subsections (8) and

31  (9) of section 240.512, Florida Statutes, are not repealed on

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  1  January 7, 2003, as provided in that act, but those

  2  subsections (8) and (9) are reenacted and amended to read:

  3         240.512  H. Lee Moffitt Cancer Center and Research

  4  Institute.--There is established the H. Lee Moffitt Cancer

  5  Center and Research Institute at the University of South

  6  Florida.

  7         (8)(a)  Records of the not-for-profit corporation and

  8  of its subsidiaries are public records unless made

  9  confidential or exempt by law.

10         (b)  Proprietary confidential business information is

11  confidential and exempt from the provisions of s. 119.07(1)

12  and s. 24(a), Art. I of the State Constitution.  However, the

13  Auditor General, the Office of Program Policy Analysis and

14  Government Accountability, and the State Board of Education

15  Regents, pursuant to their oversight and auditing functions,

16  must be given access to all proprietary confidential business

17  information upon request and without subpoena and must

18  maintain the confidentiality of information so received. As

19  used in this paragraph, the term "proprietary confidential

20  business information" means information, regardless of its

21  form or characteristics, which is owned or controlled by the

22  not-for-profit corporation or its subsidiaries; is intended to

23  be and is treated by the not-for-profit corporation or its

24  subsidiaries as private and the disclosure of which would harm

25  the business operations of the not-for-profit corporation or

26  its subsidiaries; has not been intentionally disclosed by the

27  corporation or its subsidiaries unless pursuant to law, an

28  order of a court or administrative body, a legislative

29  proceeding pursuant to s. 5, Art. III of the State

30  Constitution, or a private agreement that provides that the

31  

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  1  information may be released to the public; and which is

  2  information concerning:

  3         1.  Internal auditing controls and reports of internal

  4  auditors;

  5         2.  Matters reasonably encompassed in privileged

  6  attorney-client communications;

  7         3.  Contracts for managed-care arrangements, including

  8  preferred provider organization contracts, health maintenance

  9  organization contracts, and exclusive provider organization

10  contracts, and any documents directly relating to the

11  negotiation, performance, and implementation of any such

12  contracts for managed-care arrangements;

13         4.  Bids or other contractual data, banking records,

14  and credit agreements the disclosure of which would impair the

15  efforts of the not-for-profit corporation or its subsidiaries

16  to contract for goods or services on favorable terms;

17         5.  Information relating to private contractual data,

18  the disclosure of which would impair the competitive interest

19  of the provider of the information;

20         6.  Corporate officer and employee personnel

21  information;

22         7.  Information relating to the proceedings and records

23  of credentialing panels and committees and of the governing

24  board of the not-for-profit corporation or its subsidiaries

25  relating to credentialing;

26         8.  Minutes of meetings of the governing board of the

27  not-for-profit corporation and its subsidiaries, except

28  minutes of meetings open to the public pursuant to subsection

29  (9);

30  

31  

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  1         9.  Information that reveals plans for marketing

  2  services that the corporation or its subsidiaries reasonably

  3  expect to be provided by competitors;

  4         10.  Trade secrets as defined in s. 688.002, including

  5  reimbursement methodologies or rates; or

  6         11.  The identity of donors or prospective donors of

  7  property who wish to remain anonymous or any information

  8  identifying such donors or prospective donors.  The anonymity

  9  of these donors or prospective donors must be maintained in

10  the auditor's report.

11  

12  As used in this paragraph, the term "managed care" means

13  systems or techniques generally used by third-party payors or

14  their agents to affect access to and control payment for

15  health care services. Managed-care techniques most often

16  include one or more of the following:  prior, concurrent, and

17  retrospective review of the medical necessity and

18  appropriateness of services or site of services; contracts

19  with selected health care providers; financial incentives or

20  disincentives related to the use of specific providers,

21  services, or service sites; controlled access to and

22  coordination of services by a case manager; and payor efforts

23  to identify treatment alternatives and modify benefit

24  restrictions for high-cost patient care.

25         (9)  Meetings of the governing board of the

26  not-for-profit corporation and meetings of the subsidiaries of

27  the not-for-profit corporation at which the expenditure of

28  dollars appropriated to the not-for-profit corporation by the

29  state are discussed or reported must remain open to the public

30  in accordance with s. 286.011 and s. 24(b), Art. I of the

31  State Constitution, unless made confidential or exempt by law.

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  1  Other meetings of the governing board of the not-for-profit

  2  corporation and of the subsidiaries of the not-for-profit

  3  corporation are exempt from s. 286.011 and s. 24(b), Art. I of

  4  the State Constitution.

  5         Section 11.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, subsection (14) and

  7  paragraph (c) of subsection (22) of section 240.551, Florida

  8  Statutes, are not repealed on January 7, 2003, as provided in

  9  that act, but subsection (14) and paragraph (c) of subsection

10  (22) of section 240.551, Florida Statutes, are reenacted and

11  amended to read:

12         240.551  Florida Prepaid College Program.--

13         (14)  CONFIDENTIALITY OF ACCOUNT

14  INFORMATION.--Information that identifies the purchasers or

15  beneficiaries of any plan promulgated under this section and

16  their advance payment account activities is exempt from the

17  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

18  Constitution. However, the board may authorize the program's

19  records administrator to release such information to a

20  community college, college, or university in which a

21  beneficiary may enroll or is enrolled. Community colleges,

22  colleges, and universities shall maintain such information as

23  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

24  I of the State Constitution.

25         (22)  DIRECT-SUPPORT ORGANIZATION; AUTHORITY.--

26         (c)  The identity of donors who desire to remain

27  anonymous shall be confidential and exempt from the provisions

28  of s. 119.07(1) and s. 24(a), Art. I of the State

29  Constitution, and such anonymity shall be maintained in the

30  auditor's report. Information received by the organization

31  that is otherwise confidential or exempt by law shall retain

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  1  such status. Any sensitive, personal information regarding

  2  contract beneficiaries, including their identities, is exempt

  3  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

  4  the State Constitution.

  5         Section 12.  Notwithstanding subsection (7) of section

  6  3 of chapter 2000-321, Laws of Florida, section 240.554,

  7  Florida Statutes, is not repealed on January 7, 2003, as

  8  provided in that act, but is reenacted to read:

  9         240.554  Florida College Savings Program;

10  confidentiality of account information.--Information that

11  identifies the benefactors or the designated beneficiary of

12  any account initiated under s. 240.553 and information

13  regarding individual account activities conducted through the

14  program established in s. 240.553 are confidential and exempt

15  from the provisions of s. 119.07(1) and s. 24(a), Art. I of

16  the State Constitution. However, the board may authorize the

17  release of such information to a community college, college,

18  or university in which a designated beneficiary may enroll or

19  is enrolled. Community colleges, colleges, and universities

20  shall maintain the confidentiality of such information. This

21  section is subject to the Open Government Sunset Review Act of

22  1995 in accordance with s. 119.15, and shall stand repealed on

23  October 2, 2005, unless reviewed and saved from repeal through

24  reenactment by the Legislature.

25         Section 13.  Notwithstanding subsection (7) of section

26  3 of chapter 2000-321, Laws of Florida, paragraph (h) of

27  subsection (2) of section 240.711, Florida Statutes, is not

28  repealed on January 7, 2003, as provided in that act, but that

29  paragraph is reenacted and amended to read:

30         240.711  Ringling Center for Cultural Arts.--

31         (2)

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  1         (h)  The John and Mable Ringling Museum of Art

  2  direct-support organization shall provide for an annual

  3  financial audit in accordance with s. 240.299(5) s.

  4  240.299(4). Florida State University is authorized to require

  5  and receive from the direct-support organization, or from its

  6  independent auditor, any detail or supplemental data relative

  7  to the operation of such organization. Information that, if

  8  released, would identify donors who desire to remain

  9  anonymous, is confidential and exempt from the provisions of

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

11  Information that, if released, would identify prospective

12  donors is confidential and exempt from the provisions of s.

13  119.07(1) and s. 24(a), Art. I of the State Constitution, when

14  the direct-support organization has identified the prospective

15  donor itself and has not obtained the name of the prospective

16  donor by copying, purchasing, or borrowing names from another

17  organization or source. Identities of such donors and

18  prospective donors shall not be revealed in the auditor's

19  report.

20         Section 14.  (1)  The Legislature finds it is a public

21  necessity to exempt the claims files of self-insurance

22  programs under section 240.213, Florida Statutes, from

23  disclosure because the disclosure of confidential business

24  information would injure the affected entity in the

25  marketplace by reducing its business advantage by providing

26  competitors and claimants with detailed insight into the

27  management of claims.

28         (2)  The Legislature finds it is a public necessity to

29  exempt certain student records under sections 240.237 and

30  240.323, Florida Statutes, from disclosure because the

31  confidential information is of a sensitive personal nature.

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  1  The exemption is necessary to protect student safety and a

  2  student's expectation of privacy. The records are open to

  3  inspection only as provided in section 228.093, Florida

  4  Statutes.

  5         (3)  The Legislature finds it is a public necessity to

  6  exempt certain employee records under sections 240.253 and

  7  240.337, Florida Statutes, from disclosure because the

  8  confidential information is of a sensitive personal nature.

  9  The exemption is necessary to protect employee safety and to

10  protect an employee's expectation of privacy.

11         (4)  The Legislature finds it is a public necessity to

12  exempt certain materials related to methods of manufacture and

13  production, potential and actual trade secrets, potentially

14  patentable material, business transactions, and proprietary

15  information under section 240.241(2), Florida Statutes, from

16  disclosure because the business advantage would be reduced by

17  allowing competitors with detailed insights into the research

18  conducted by the university, injuring the university in the

19  marketplace if disclosed. Disclosure would impair the

20  administrative effectiveness and efficiency of a government

21  program because certain entities would not cooperate with the

22  university for fear that their work product would be

23  disclosed. A division of sponsored research shall make

24  available upon request the title and description of a research

25  project, the name of the researcher, and the amount and source

26  of the funding provided for such project.

27         (5)  The Legislature finds it is a public necessity to

28  exempt donor and prospective donor identities under sections

29  240.299(5), 240.331(6), 240.3315(6), 240.551(22)(c), and

30  240.711(2)(h), Florida Statutes, from disclosure to protect

31  confidential information of a sensitive personal nature. The

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  1  exemption is necessary to protect the donor's expectation of

  2  privacy.

  3         (6)  The Legislature finds it is a public necessity to

  4  exempt all records of a direct-support organization, under

  5  sections 240.299(5) and 240.311(6), Florida Statutes, other

  6  than the auditor's report, management letter, and supplemental

  7  data requested by certain governmental entities, from

  8  disclosure to protect a business advantage over competitors.

  9  Disclosure would provide competitors with detailed insights

10  into the financial status and strategic plans of the

11  direct-support organization thereby impairing the business

12  advantage and causing injury to the direct-support

13  organization in the marketplace.

14         (7)  The Legislature finds it is a public necessity to

15  exempt proprietary confidential business information of the

16  not-for-profit corporation and its subsidiaries under section

17  240.512(8), Florida Statutes, from disclosure to protect a

18  business advantage over competitors.  Disclosure would provide

19  competitors with detailed insight into the research conducted

20  by the cancer center thereby diminishing the business

21  advantage and causing injury in the marketplace. The

22  Legislature finds it is a public necessity to exempt the

23  meetings of the governing board of the not-for-profit

24  corporation and its subsidiaries from disclosure. Providing

25  open meetings for the not-for-profit corporation and its

26  subsidiaries would provide competitors with detailed insight

27  into the status of research conducted by the cancer center

28  thereby diminishing the business advantage and causing injury

29  to the cancer center in the marketplace. The meeting of the

30  not-for-profit corporation and its subsidiaries at which the

31  expenditure of dollars appropriated to the not-for-profit

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  1  corporation and its subsidiaries by the state are discussed or

  2  reported must remain open to the public in accordance with

  3  section 286.011, Florida Statutes, and Section 24(b), Article

  4  I of the State Constitution.

  5         (8)  The Legislature finds it is a public necessity to

  6  exempt information that identifies the purchasers or

  7  beneficiaries of any plan and their advance payment account

  8  activities under sections 240.551(14) and 240.554, Florida

  9  Statutes, from disclosure to protect confidential information

10  of a sensitive personal nature. The exemption is necessary to

11  protect the purchaser or beneficiary's expectation of privacy.

12  The records identifying the purchasers, beneficiaries, and

13  their advance payment account activities may be released to a

14  community college, college, or university in which a

15  beneficiary may enroll or is enrolled, provided that the

16  community colleges, colleges, and universities shall maintain

17  such information as exempt from section 119.07(1), Florida

18  Statutes, and Section 24(a), Article I of the State

19  Constitution.

20         Section 15.  This act shall take effect January 7,

21  2003.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                            CS/SB 1562

25                                 

26  Removes two exemptions from bill.

27  Removes s. 240.2996, F.S., which expands an exemption for
    university health services support organizations by adding
28  community college health services support organizations.

29  Removes section creating s. 246.1112, F.S., which creates an
    exemption for certain investigatory and complaint records.
30  
    Removes language avoiding review of remaining exemptions in
31  bill under s. 119.15, F.S.

                                  19

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