Senate Bill sb1770c1
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Florida Senate - 2003 CS for SB 1770
By the Committee on Education; and Senator Clary
304-2043-03
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 CS for SB 1770
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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 CS for SB 1770
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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 the disclosure of which would impair the ability
8 of the not-for-profit corporation or its subsidiaries to
9 recruit personnel.
10 (2) Any governmental entity that demonstrates a need
11 to access any confidential and exempt information or materials
12 set forth in subsection (1) in order to perform its duties and
13 responsibilities shall have access to such information and
14 shall otherwise keep such information confidential and exempt.
15 (3) Meetings of the governing board of the
16 not-for-profit corporation and meetings of the subsidiaries of
17 the not-for-profit corporation at which the expenditure of
18 funds appropriated to the not-for-profit corporation by the
19 state are discussed or reported must remain open to the public
20 in accordance with section 286.011, Florida Statutes, and
21 Section 24(b), Article I of the State Constitution unless made
22 confidential or exempt by law. Other meetings of the governing
23 board of the not-for-profit corporation and of the
24 subsidiaries of the not-for-profit corporation are exempt from
25 section 286.011, Florida Statutes, and Section 24(b), Article
26 I of the State Constitution.
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28 This section is subject to the Open Government Sunset Review
29 Act of 1995 in accordance with section 119.15, Florida
30 Statutes, and shall stand repealed on October 2, 2008, unless
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Florida Senate - 2003 CS for SB 1770
304-2043-03
1 reviewed and saved from repeal through reenactment by the
2 Legislature.
3 Section 2. The Legislature finds that the public
4 records and meetings exemption provided in section 1 of this
5 act for specified information held by and specified meetings
6 of the Florida Institute of Human and Machine Cognition is a
7 public necessity because unrestricted public access to
8 information, proceedings, and hearings relating to the
9 institute's scientific research, reports, and contract and
10 grant activity related thereto might damage the success and
11 intellectual property development of the institute if made
12 available to its competitors and could substantially affect
13 the willingness of federal and foreign agencies to contract
14 with the institute. Furthermore, public access to such
15 information would not serve a public interest in that such
16 information will be released in publications and news releases
17 as soon as trademark and patent proceedings are initiated. The
18 Legislature also finds that reports and research of the
19 institute may constitute trade secrets that give the institute
20 a competitive advantage in the private market. Public access
21 to such information could affect the institute's ability to
22 secure federal and international business. The Legislature
23 also finds that the disclosure of donor identity information,
24 if not kept confidential, could have a chilling affect on
25 donations. The Legislature finds that the ability of the
26 institute to secure outside contract and grant activity is a
27 public benefit. Providing confidentiality for such records and
28 proceedings enables the institute to be more open and frank in
29 the information so provided without the attendant fear that
30 honest and truthful exchange of information will result in the
31 public dissemination of information that could be used to harm
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Florida Senate - 2003 CS for SB 1770
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1 the institute and its members. Therefore, it is a public
2 necessity to maintain the confidentiality of this information
3 and these proceedings and reports. The Legislature also finds
4 that the disclosure of corporate officer and employee
5 personnel information may have a chilling effect on attracting
6 qualified personnel. Finally, the Legislature finds that the
7 public has access through other means to information regarding
8 the work of the institute through public distribution of
9 research articles and news media events.
10 Section 3. This act shall take effect July 1, 2003, if
11 SB 1414 or similar legislation is adopted in the same
12 legislative session or an extension thereof and becomes law.
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14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 Senate Bill 1770
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17 Provides for an exemption from public records laws for
personnel information the disclosure of which would impair the
18 ability of the Institute's governing body to recruit
personnel.
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Deletes an exemption for certain public records described in
20 the bill from subpoena, discovery, or introduction into
evidence in civil proceedings.
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States that the Legislature finds that the disclosure of the
22 Institute's donor information could have a chilling effect on
donations.
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States that the Legislature finds that the disclosure of
24 corporate officer and employee personnel information could
have a chilling effect on attracting qualified personnel.
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Includes a technical change.
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