Senate Bill sb1770e1
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    CS for CS for SB 1770                          First Engrossed
  1                      A bill to be entitled
  2         An act relating to public records exemptions;
  3         creating exemptions for trade secret
  4         information; creating an exemption from public
  5         records and public meetings requirements for
  6         certain information held by the Florida
  7         Institute of Human and Machine Cognition;
  8         creating an exemption from public records
  9         requirements for specified materials, actual
10         and potential trade secrets, information
11         identifying donors to the institute; providing
12         for specified access to certain information by
13         governmental entities; creating an exemption
14         from public meetings requirements for meetings
15         of the governing board of the not-for-profit
16         corporation at which exempt records are
17         discussed; providing for future review and
18         repeal; providing a statement of public
19         necessity; creating s. 627.9742, F.S.; creating
20         a public records exemption for credit scoring
21         methodologies and related data and information
22         that are trade secrets filed with the Office of
23         Insurance Regulation; providing for future
24         review and repeal; providing a statement of
25         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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    CS for CS for SB 1770                          First Engrossed
 1         Section 1.  Florida Institute for Human and Machine
 2  Cognition, Inc.; public records exemption; public meetings
 3  exemption.--
 4         (1)  The following information held by the Florida
 5  Institution for Human and Machine Cognition, Inc., or an
 6  authorized subsidiary of the corporation, is confidential and
 7  exempt from the provisions of section 24, Article I of the
 8  State Constitution and section 119.07(1), Florida Statutes:
 9         (a)  Material that relate to methods of manufacturer or
10  production, potential trade secrets, patentable material,
11  actual trade secrets as defined in section 688.002, Florida
12  Statutes, or proprietary information received, generated,
13  ascertained, or discovered during the course of research
14  conducted by or through the Florida Institute for Human and
15  Machine Cognition and its not-for-profit corporation and
16  subsidiaries and business transactions resulting from such
17  research.
18         (b)  Any information received by the corporation or a
19  subsidiary from a person from another state or nation or the
20  Federal Government which is otherwise confidential or exempt
21  pursuant to that state's or nation's laws or pursuant to
22  federal law.
23         (c)  Any information received by the corporation or a
24  subsidiary in the performance of its duties and
25  responsibilities which is otherwise confidential and exempt by
26  law.
27         (d)  All identifying information of a donor or
28  prospective donor to the corporation or a subsidiary who
29  wishes to remain anonymous.
30         (2)  The corporation or its subsidiary shall permit any
31  governmental entity to inspect or copy confidential or exempt
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    CS for CS for SB 1770                          First Engrossed
 1  information held by the corporation or its subsidiary that is
 2  necessary for that governmental entity to perform its duties
 3  and responsibilities. Any governmental entity that is
 4  permitted to inspect or copy confidential and exempt
 5  information held by the corporation or a subsidiary shall
 6  maintain the confidential and exempt status of that
 7  information.
 8         (3)  That portion of a meeting of the corporation, or a
 9  subsidiary at which information is presented or discussed that
10  is confidential and exempt pursuant to subsection (1) is
11  exempt from section 24(b), Article I of the State Constitution
12  and section 286.011, Florida Statutes.
13         (4)  This section is subject to the Open Government
14  Sunset Review Act of 1995 in accordance with section 119.15,
15  Florida Statutes, and shall stand repealed on October 2, 2008,
16  unless reviewed and saved from repeal through reenactment by
17  the Legislature.
18         Section 2.  The Legislature finds that it is a public
19  necessity that certain records of the Institute for Human and
20  Machine Cognition, or a subsidiary, which records contain
21  proprietary confidential business information be made
22  confidential and exempt. Materials that relate to methods of
23  manufacture or production, actual or potential trade secrets,
24  patentable materials, business transactions, or proprietary
25  information received, generated, ascertained, or discovered
26  during the course of research conducted by the corporation or
27  a subsidiary must be confidential and exempt because the
28  disclosure of such information would create an unfair
29  competitive advantage for persons receiving such information,
30  which would adversely impact the corporation or its
31  subsidiaries. If such information regarding research in
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    CS for CS for SB 1770                          First Engrossed
 1  progress were released pursuant to a public records request,
 2  others would be allowed to take the benefit of the research
 3  without compensation or reimbursement to the institute. The
 4  Legislature further finds that information received by the
 5  corporation or its subsidiaries from a person in another state
 6  or nation or the Federal Government which is otherwise
 7  confidential or exempt pursuant to the laws of that state or
 8  nation or federal law should remain confidential or exempt
 9  because the highly confidential nature of research
10  necessitates that the corporation or its subsidiaries be
11  authorized to maintain the status of confidential or exempt
12  information it receives from the sponsors of research. Without
13  the exemptions, the disclosure of confidential and exempt
14  information would place the corporation in an unequal footing
15  in the marketplace as compared with its private research
16  competitors that are not required to disclose confidential and
17  exempt information. The Legislature finds that the disclosure
18  of such information would adversely impact the corporation or
19  a subsidiary from fulfilling the mission of research and
20  education. It is further a public necessity that the
21  institute, its not-for-profit corporation, and subsidiaries
22  have the same confidential protections for other information
23  received in the performance of its duties and obligations
24  which is confidential and exempt by law to put the institute
25  on an equal footing with other public research institutes and
26  ensure that the institute has similar opportunities for
27  success as its private research competitors. In addition, the
28  Legislature further finds that the identity of a donor or
29  prospective donor who wishes to remain anonymous should be
30  confidential and exempt from public disclosure in the same
31  manner provided to the direct support organizations at the
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    CS for CS for SB 1770                          First Engrossed
 1  state universities in section 1004.28(5), Florida Statutes.
 2  This exemption is necessary because the disclosure of such
 3  information may adversely impact the institute's ability to
 4  receive donations from individuals who request anonymity. The
 5  Legislature further finds that it is a public necessity that
 6  portions of such meetings at which proprietary confidential
 7  business information, including materials that relate to
 8  methods of manufacture or production, actual or potential
 9  trade secrets, patentable materials, business transactions, or
10  proprietary information received, generated, ascertained, or
11  discovered during the course of research, are being discussed
12  are exempt under public open meeting laws to allow the
13  not-for-profit corporation and its subsidiaries to maintain
14  the confidentiality of this information and prevent an unfair
15  competitive advantage for the persons receiving this
16  information.
17         Section 3.  Section 627.9742, Florida Statutes, is
18  created to read:
19         627.9742  Public records exemption for the Office of
20  Insurance Regulation.--Credit scoring methodologies and
21  related data and information that are trade secrets as defined
22  in s. 688.002 and that are filed with the Office of Insurance
23  Regulation pursuant to a rate filing or other filing required
24  by law are confidential and exempt from the provisions of s.
25  119.07(1) and s. 24(a), Art. I of the State Constitution.
26         Section 4.  Section 627.9742, Florida Statutes, is
27  subject to the Open Government Sunset Review Act of 1995 in
28  accordance with section 119.15, Florida Statutes, and shall
29  stand repealed on October 2, 2008, unless reviewed and saved
30  from repeal through reenactment by the Legislature.
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    CS for CS for SB 1770                          First Engrossed
 1         Section 5.  The Legislature finds that it is a public
 2  necessity that credit scoring methodologies and related data
 3  and information that are trade secrets, filed with the Office
 4  of Insurance Regulation pursuant to a rate filing or other
 5  filing required by law, be made confidential and exempt from
 6  public records requirements. Such information could harm the
 7  business of an insurance company, as it contains proprietary
 8  confidential business information that has economic value
 9  derived from not being disclosed to competitors. The
10  Legislature further finds that it is a public necessity to
11  make such information confidential and exempt from public
12  disclosure because release of such information would likely
13  result in an insurer's not providing the Office of Insurance
14  Regulation with adequate information on which to base a
15  determination as to whether a filing meets the requirements of
16  law, resulting in increased administrative and legal disputes
17  with regard to the filing.
18         Section 6.  Sections 1 and 2 of this act shall take
19  effect July 1, 2003, if SB 1414 or similar legislation is
20  adopted in the same legislative session or an extension
21  thereof and becomes law. Sections 3, 4, and 5 of this act
22  shall take effect January 1, 2004 if SB 204 or similar
23  legislation adopted in the same legislative session or an
24  extension thereof and becomes a law.
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