HB 0491 2003
1	A bill to be entitled
2	An act relating to an exemption from public records and
3	public meetings requirements for certain information held
4	by the Florida Institute of Human and Machine Cognition;
5	creating an exemption from public records requirements for
6	specified materials, actual and potential trade secrets,
7	potentially patentable material, proprietary information,
8	information identifying donors to the institute, audit
9	information, attorney-client communications, bids and
10	contractual data, credit agreements, information relating
11	to private contractual data, and information relating to
12	corporate officers and employee personnel held by the
13	institute; providing for specified access to certain
14	information by governmental entities; creating an
15	exemption from public meetings requirements for specified
16	meetings of the governing board of the not-for-profit
17	corporation organized to govern and operate the institute
18	and subsidiaries of the not-for-profit corporation;
19	providing for future review and repeal; providing a
20	statement of public necessity; providing a contingent
21	effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1. Florida Institute of Human and Machine
26	Cognition; public records exemption; public meetings exemption.-
27	-
28	(1) The following information is confidential and exempt
29	from the provisions of s. 119.07(1), Florida Statutes, and s.
30	24, Art. I of the State Constitution:
31	(a) Materials that relate to methods of manufacture or
32	production, potential trade secrets, potentially patentable
33	material, actual trade secrets as defined in s. 688.002, Florida
34	Statutes, or proprietary information received, generated,
35	ascertained, or discovered during the course of research
36	conducted by or through the Florida Institute of Human and
37	Machine Cognition and business transactions resulting from such
38	research.
39	(b) The identity of a donor or prospective donor to the
40	Florida Institute of Human and Machine Cognition who wishes to
41	remain anonymous and all information identifying such donor or
42	prospective donor.
43	(c) Any information received by the institute in the
44	performance of its duties and responsibilities which is
45	otherwise confidential and exempt by law.
46	(d) Any information received by the institute from a
47	person from another state or nation or the Federal Government
48	which is otherwise confidential or exempt pursuant to that
49	state's or nation's laws or pursuant to federal law.
50	(e) Internal auditing controls and reports of internal
51	auditors.
52	(f) Matters reasonably encompassed in privileged attorney-
53	client communications.
54	(g) Bids or other contractual data, banking records, and
55	credit agreements the disclosure of which would impair the
56	efforts of the not-for-profit corporation or its subsidiaries to
57	contract for goods and services on favorable terms.
58	(h) Information relating to private contractual data the
59	disclosure of which would impair the competitive interest of the
60	provider of the information.
61	(i) Corporate officer and employee personnel information.
62	(2) Any governmental entity that demonstrates a need to
63	access any confidential and exempt information or materials set
64	forth in subsection (1) in order to perform its duties and
65	responsibilities shall have access to such information and shall
66	otherwise keep such information confidential and exempt.
67	(3) All information and materials described in subsection
68	(1) owned, controlled, or acquired by the Florida Institute of
69	Human and Machine Cognition are not subject to subpoena,
70	discovery, or introduction into evidence in any civil
71	proceeding, except that such information and materials otherwise
72	available from other sources are not immune from subpoena,
73	discovery, or introduction into evidence from those sources
74	solely because they were presented to the Florida Institute of
75	Human and Machine Cognition.
76	(4) Meetings of the governing board of the not-for-profit
77	corporation and meetings of the subsidiaries of the not-for-
78	profit corporation at which the expenditure of funds
79	appropriated to the not-for-profit corporation by the state are
80	discussed or reported must remain open to the public in
81	accordance with s. 286.011, Florida Statutes, and s. 24(b), Art.
82	I of the State Constitution unless made confidential or exempt
83	by law. Other meetings of the governing board of the not-for-
84	profit corporation and of the subsidiaries of the not-for-profit
85	corporation are exempt from s. 286.011, Florida Statutes, and s.
86	24(b), Art. I of the State Constitution.
87
88	This section is subject to the Open Government Sunset Review Act
89	of 1995 in accordance with s. 119.15, Florida Statutes, and
90	shall stand repealed on October 2, 2008, unless reviewed and
91	saved from repeal through reenactment by the Legislature.
92	Section 2. The Legislature finds that the public records
93	and meetings exemption provided in section 1 of this act for
94	specified information held by and specified meetings of the
95	Florida Institute of Human and Machine Cognition is a public
96	necessity because unrestricted public access to information,
97	proceedings, and hearings relating to the institute's scientific
98	research, reports, and contract and grant activity related
99	thereto might damage the success and intellectual property
100	development of the institute if made available to its
101	competitors and could substantially affect the willingness of
102	federal and foreign agencies to contract with the institute.
103	Furthermore, public access to such information would not serve a
104	public interest in that such information will be released in
105	publications and news releases as soon as trademark and patent
106	proceedings are initiated. The Legislature also finds that
107	reports and research of the institute may constitute trade
108	secrets that give the institute a competitive advantage in the
109	private market. Public access to such information could affect
110	the institute's ability to secure federal and international
111	business. The Legislature finds that the ability of the
112	institute to secure outside contract and grant activity is a
113	public benefit. Providing confidentiality for such records and
114	proceedings enables the institute to be more open and frank in
115	the information so provided without the attendant fear that
116	honest and truthful exchange of information will result in the
117	public dissemination of information that could be used to harm
118	the institute and its members. Therefore, it is a public
119	necessity to maintain the confidentiality of this information
120	and these proceedings and reports. Finally, the Legislature
121	finds that the public has access through other means to
122	information regarding the work of the institute through public
123	distribution of research articles and news media events.
124	Section 3. This act shall take effect July 1, 2003, if HB
125	315 or similar legislation is adopted in the same legislative
126	session or an extension thereof and becomes law.