Senate Bill sb1770c2

    Florida Senate - 2003                    CS for CS for SB 1770

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




    302-2398-03

  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, information

  9         identifying donors to the institute; providing

10         for specified access to certain information by

11         governmental entities; creating an exemption

12         from public meetings requirements for meetings

13         of the governing board of the not-for-profit

14         corporation at which exempt records are

15         discussed; providing for future review and

16         repeal; providing a statement of public

17         necessity; providing a contingent effective

18         date.

19  

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

21  

22         Section 1.  Florida Institute for Human and Machine

23  Cognition, Inc.; public records exemption; public meetings

24  exemption.--

25         (1)  The following information held by the Florida

26  Institution for Human and Machine Cognition, Inc., or an

27  authorized subsidiary of the corporation, is confidential and

28  exempt from the provisions of section 24, Article I of the

29  State Constitution and section 119.07(1), Florida Statutes:

30         (a)  Material that relate to methods of manufacturer or

31  production, potential trade secrets, patentable material,

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    Florida Senate - 2003                    CS for CS for SB 1770
    302-2398-03




 1  actual trade secrets as defined in section 688.002, Florida

 2  Statutes, or proprietary information received, generated,

 3  ascertained, or discovered during the course of research

 4  conducted by or through the Florida Institute for Human and

 5  Machine Cognition and its not-for-profit corporation and

 6  subsidiaries and business transactions resulting from such

 7  research.

 8         (b)  Any information received by the corporation or a

 9  subsidiary from a person from another state or nation or the

10  Federal Government which is otherwise confidential or exempt

11  pursuant to that state's or nation's laws or pursuant to

12  federal law.

13         (c)  Any information received by the corporation or a

14  subsidiary in the performance of its duties and

15  responsibilities which is otherwise confidential and exempt by

16  law.

17         (d)  All identifying information of a donor or

18  prospective donor to the corporation or a subsidiary who

19  wishes to remain anonymous.

20         (2)  The corporation or its subsidiary shall permit any

21  governmental entity to inspect or copy confidential or exempt

22  information held by the corporation or its subsidiary that is

23  necessary for that governmental entity to perform its duties

24  and responsibilities. Any governmental entity that is

25  permitted to inspect or copy confidential and exempt

26  information held by the corporation or a subsidiary shall

27  maintain the confidential and exempt status of that

28  information.

29         (3)  That portion of a meeting of the corporation, or a

30  subsidiary at which information is presented or discussed that

31  is confidential and exempt pursuant to subsection (1) is

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    Florida Senate - 2003                    CS for CS for SB 1770
    302-2398-03




 1  exempt from section 24(b), Article I of the State Constitution

 2  and section 286.011, Florida Statutes.

 3         (4)  This section is subject to the Open Government

 4  Sunset Review Act of 1995 in accordance with section 119.15,

 5  Florida Statutes, and shall stand repealed on October 2, 2008,

 6  unless reviewed and saved from repeal through reenactment by

 7  the Legislature.

 8         Section 2.  The Legislature finds that it is a public

 9  necessity that certain records of the Institute for Human and

10  Machine Cognition, or a subsidiary, which records contain

11  proprietary confidential business information be made

12  confidential and exempt. Materials that relate to methods of

13  manufacture or production, actual or potential trade secrets,

14  patentable materials, business transactions, or proprietary

15  information received, generated, ascertained, or discovered

16  during the course of research conducted by the corporation or

17  a subsidiary must be confidential and exempt because the

18  disclosure of such information would create an unfair

19  competitive advantage for persons receiving such information,

20  which would adversely impact the corporation or its

21  subsidiaries. If such information regarding research in

22  progress were released pursuant to a public records request,

23  others would be allowed to take the benefit of the research

24  without compensation or reimbursement to the institute. The

25  Legislature further finds that information received by the

26  corporation or its subsidiaries from a person in another state

27  or nation or the Federal Government which is otherwise

28  confidential or exempt pursuant to the laws of that state or

29  nation or federal law should remain confidential or exempt

30  because the highly confidential nature of research

31  necessitates that the corporation or its subsidiaries be

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    Florida Senate - 2003                    CS for CS for SB 1770
    302-2398-03




 1  authorized to maintain the status of confidential or exempt

 2  information it receives from the sponsors of research. Without

 3  the exemptions, the disclosure of confidential and exempt

 4  information would place the corporation in an unequal footing

 5  in the marketplace as compared with its private research

 6  competitors that are not required to disclose confidential and

 7  exempt information. The Legislature finds that the disclosure

 8  of such information would adversely impact the corporation or

 9  a subsidiary from fulfilling the mission of research and

10  education. It is further a public necessity that the

11  institute, its not-for-profit corporation, and subsidiaries

12  have the same confidential protections for other information

13  received in the performance of its duties and obligations

14  which is confidential and exempt by law to put the institute

15  on an equal footing with other public research institutes and

16  ensure that the institute has similar opportunities for

17  success as its private research competitors. In addition, the

18  Legislature further finds that the identity of a donor or

19  prospective donor who wishes to remain anonymous should be

20  confidential and exempt from public disclosure in the same

21  manner provided to the direct support organizations at the

22  state universities in section 1004.28(5), Florida Statutes.

23  This exemption is necessary because the disclosure of such

24  information may adversely impact the institute's ability to

25  receive donations from individuals who request anonymity. The

26  Legislature further finds that it is a public necessity that

27  portions of such meetings at which proprietary confidential

28  business information, including materials that relate to

29  methods of manufacture or production, actual or potential

30  trade secrets, patentable materials, business transactions, or

31  proprietary information received, generated, ascertained, or

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    Florida Senate - 2003                    CS for CS for SB 1770
    302-2398-03




 1  discovered during the course of research, are being discussed

 2  are exempt under public open meeting laws to allow the

 3  not-for-profit corporation and its subsidiaries to maintain

 4  the confidentiality of this information and prevent an unfair

 5  competitive advantage for the persons receiving this

 6  information.

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

 8  SB 1414 or similar legislation is adopted in the same

 9  legislative session or an extension thereof and becomes law.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                            CS/SB 1770

13                                 

14  Narrows the public records exemption to meet constitutional
    standards.
15  
    Removes reference to attorney-client communications, bids or
16  other contractual data, corporate officer and employee
    personnel information.
17  
    Removes provision making only meetings at which corporate
18  expenditures are made open. Provides that all meetings are
    open except for those portions at which records that are
19  exempt are discussed.

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