Senate Bill sb1770

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    Florida Senate - 2003                                  SB 1770

    By Senator Clary





    4-981-03                                                See HB

  1                      A bill to be entitled

  2         An act relating to an exemption from public

  3         records and public meetings requirements for

  4         certain information held by the Florida

  5         Institute of Human and Machine Cognition;

  6         creating an exemption from public records

  7         requirements for specified materials, actual

  8         and potential trade secrets, potentially

  9         patentable material, proprietary information,

10         information identifying donors to the

11         institute, audit information, attorney-client

12         communications, bids and contractual data,

13         credit agreements, information relating to

14         private contractual data, and information

15         relating to corporate officers and employee

16         personnel held by the institute; providing for

17         specified access to certain information by

18         governmental entities; creating an exemption

19         from public meetings requirements for specified

20         meetings of the governing board of the

21         not-for-profit corporation organized to govern

22         and operate the institute and subsidiaries of

23         the not-for-profit corporation; providing for

24         future review and repeal; providing a statement

25         of public necessity; providing a contingent

26         effective date.

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

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    Florida Senate - 2003                                  SB 1770
    4-981-03                                                See HB




  1         Section 1.  Florida Institute of Human and Machine

  2  Cognition; public records exemption; public meetings

  3  exemption.--

  4           (1)  The following information is confidential and

  5  exempt from the provisions of section 119.07(1), Florida

  6  Statutes, and section 24, Article I of the State Constitution:

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

  8  production, potential trade secrets, potentially patentable

  9  material, actual trade secrets as defined in section 688.002,

10  Florida Statutes, or proprietary information received,

11  generated, ascertained, or discovered during the course of

12  research conducted by or through the Florida Institute of

13  Human and Machine Cognition and business transactions

14  resulting from such research.

15         (b)  The identity of a donor or prospective donor to

16  the Florida Institute of Human and Machine Cognition who

17  wishes to remain anonymous and all information identifying

18  such donor or prospective donor.

19         (c)  Any information received by the institute in the

20  performance of its duties and responsibilities which is

21  otherwise confidential and exempt by law.

22         (d)  Any information received by the institute from a

23  person from another state or nation or the Federal Government

24  which is otherwise confidential or exempt pursuant to that

25  state's or nation's laws or pursuant to federal law.

26         (e)  Internal auditing controls and reports of internal

27  auditors.

28         (f)  Matters reasonably encompassed in privileged

29  attorney-client communications.

30         (g)  Bids or other contractual data, banking records,

31  and credit agreements the disclosure of which would impair the

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    Florida Senate - 2003                                  SB 1770
    4-981-03                                                See HB




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

  2  to contract for goods and services on favorable terms.

  3         (h)  Information relating to private contractual data

  4  the disclosure of which would impair the competitive interest

  5  of the provider of the information.

  6         (i)  Corporate officer and employee personnel

  7  information.

  8         (2)  Any governmental entity that demonstrates a need

  9  to access any confidential and exempt information or materials

10  set forth in subsection (1) in order to perform its duties and

11  responsibilities shall have access to such information and

12  shall otherwise keep such information confidential and exempt.

13         (3)  All information and materials described in

14  subsection (1) owned, controlled, or acquired by the Florida

15  Institute of Human and Machine Cognition are not subject to

16  subpoena, discovery, or introduction into evidence in any

17  civil proceeding, except that such information and materials

18  otherwise available from other sources are not immune from

19  subpoena, discovery, or introduction into evidence from those

20  sources solely because they were presented to the Florida

21  Institute of Human and Machine Cognition.

22         (4)  Meetings of the governing board of the

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

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

25  funds appropriated to the not-for-profit corporation by the

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

27  in accordance with section 286.011, Florida Statutes, and

28  section 24(b), Article I of the State Constitution unless made

29  confidential or exempt by law. Other meetings of the governing

30  board of the not-for-profit corporation and of the

31  subsidiaries of the not-for-profit corporation are exempt from

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    Florida Senate - 2003                                  SB 1770
    4-981-03                                                See HB




  1  section 286.011, Florida Statutes, and section 24(b), Article

  2  I of the State Constitution.

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  4  This section is subject to the Open Government Sunset Review

  5  Act of 1995 in accordance with section 119.15, Florida

  6  Statutes, and shall stand repealed on October 2, 2008, unless

  7  reviewed and saved from repeal through reenactment by the

  8  Legislature.

  9         Section 2.  The Legislature finds that the public

10  records and meetings exemption provided in section 1 of this

11  act for specified information held by and specified meetings

12  of the Florida Institute of Human and Machine Cognition is a

13  public necessity because unrestricted public access to

14  information, proceedings, and hearings relating to the

15  institute's scientific research, reports, and contract and

16  grant activity related thereto might damage the success and

17  intellectual property development of the institute if made

18  available to its competitors and could substantially affect

19  the willingness of federal and foreign agencies to contract

20  with the institute. Furthermore, public access to such

21  information would not serve a public interest in that such

22  information will be released in publications and news releases

23  as soon as trademark and patent proceedings are initiated. The

24  Legislature also finds that reports and research of the

25  institute may constitute trade secrets that give the institute

26  a competitive advantage in the private market. Public access

27  to such information could affect the institute's ability to

28  secure federal and international business. The Legislature

29  finds that the ability of the institute to secure outside

30  contract and grant activity is a public benefit. Providing

31  confidentiality for such records and proceedings enables the

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    Florida Senate - 2003                                  SB 1770
    4-981-03                                                See HB




  1  institute to be more open and frank in the information so

  2  provided without the attendant fear that honest and truthful

  3  exchange of information will result in the public

  4  dissemination of information that could be used to harm the

  5  institute and its members. Therefore, it is a public necessity

  6  to maintain the confidentiality of this information and these

  7  proceedings and reports. Finally, the Legislature finds that

  8  the public has access through other means to information

  9  regarding the work of the institute through public

10  distribution of research articles and news media events.

11         Section 3.  This act shall take effect July 1, 2003, if

12  SB ____ or similar legislation is adopted in the same

13  legislative session or an extension thereof and becomes law.

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