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.

27  

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

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30  

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    Florida Senate - 2003                           CS for SB 1770
    304-2043-03




 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
    304-2043-03




 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.

27  

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
    304-2043-03




 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.

13  

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 1770

16                                 

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.
19  
    Deletes an exemption for certain public records described in
20  the bill from subpoena, discovery, or introduction into
    evidence in civil proceedings.
21  
    States that the Legislature finds that the disclosure of the
22  Institute's donor information could have a chilling effect on
    donations.
23  
    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.
25  
    Includes a technical change.
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