HOUSE AMENDMENT Bill No. HB 7E
1	CHAMBER ACTION
2	Senate House
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12	Representative Benson offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
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17	Section 1. Section 288.9551, Florida Statutes, is created
18	to read:
19	288.9551 Exemptions from public records and public
20	meetings requirements; Scripps Florida Funding Corporation,
21	Office of Program Policy Analysis and Government Accountability,
22	and Office of Tourism, Trade, and Economic Development.--
23	(1) As used in this section, the term “grantee” has the
24	same meaning ascribed in s. 288.955.
25	(2) The following information held by the Scripps Florida
26	Funding Corporation, the Office of Program Policy Analysis and
27	Government Accountability, or the Office of Tourism, Trade, and
28	Economic Development under s. 288.955 is confidential and exempt
29	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
30	State Constitution:
31	(a) Materials that relate to methods of manufacture or
32	production, potential trade secrets, patentable material, actual
33	trade secrets as defined in s. 688.002, or proprietary
34	information received, generated, ascertained, or discovered
35	during the course of research conducted by or through the
36	grantee, and business transactions resulting from such research.
37	(b) Agreements and proposals to receive funding for
38	projects, including grant applications; however, those portions
39	of such agreements and proposals, including grant applications,
40	are no longer confidential and exempt upon conclusion of the
41	project that was funded, except that information made
42	confidential and exempt pursuant to paragraph (a) shall remain
43	confidential and exempt. This exemption does not apply to any
44	agreement or contract by the Scripps Florida Funding Corporation
45	to release funds to the grantee.
46	(c) Materials that relate to the recruitment of scientists
47	and researchers.
48	(d) Personal identifying information of a donor or
49	prospective donor to the grantee who wishes to remain anonymous.
50	(e) Any record that is exempt or confidential under the
51	laws of another state or under federal law.
52	(f) Personal identifying information of individuals who
53	participate in human trials or experiments.
54	(g) Any medical or health records relating to participants
55	in clinical trials.
56	(3)(a) That portion of a meeting of the board of directors
57	of the Scripps Florida Funding Corporation at which information
58	or records are presented or discussed that are confidential and
59	exempt pursuant to subsection (2) is exempt from the provisions
60	of s. 286.011 and s. 24(b), Art. I of the State Constitution.
61	(b) Any records generated during those portions of board
62	meetings that are exempt pursuant to paragraph (a) are
63	confidential and exempt from the provisions of s. 119.07(1) and
64	s. 24(a), Art. I of the State Constitution.
65	(4) A willful and knowing violation of this section is a
66	misdemeanor of the first degree, punishable as provided in s.
67	775.082 or s. 775.083.
68	(5) The grantee is a private not-for-profit entity and is
69	not subject to s. 119.07(1), s. 286.011, or s. 24, Art. I of the
70	State Constitution. In the event a court nonetheless determines
71	that the grantee is acting on behalf of an agency by virtue of
72	its contract under s. 288.955, or otherwise, such that it is
73	subject to s. 119.07(1), s. 286.011, and s. 24(a), Art. I of the
74	State Constitution, the exemptions created herein shall also
75	apply to the grantee.
76	Section 2. Section 288.9551, Florida Statutes, is subject
77	to the Open Government Sunset Review Act of 1995 in accordance
78	with s. 119.15, Florida Statutes, and shall stand repealed on
79	October 2, 2009, unless reviewed and saved from repeal through
80	reenactment by the Legislature.
81	Section 3. The Legislature finds that it is a public
82	necessity that certain proprietary information held by the
83	Scripps Florida Funding Corporation, the Office of Program
84	Policy Analysis and Government Accountability, or the Office of
85	Tourism, Trade, and Economic Development be made confidential
86	and exempt from public disclosure. The Legislature finds that
87	the economic development of the state is greatly enhanced by the
88	diversification of the industries that are located in the state.
89	In an effort that will greatly benefit the state through
90	economic stimulation, the diversification of industries in the
91	state, and job creation, the Legislature has created the Scripps
92	Florida Funding Corporation to provide a substantial capital
93	investment to attract and assist a private nonprofit research
94	organization that promotes research and development in the
95	science of biotechnology for the purpose of developing the means
96	to predict, prevent, treat, or cure diseases that affect
97	Floridians and others. In particular, the Legislature has, under
98	the terms specified in s. 288.955, Florida Statutes, authorized
99	the release of a significant appropriation to the Scripps
100	Research Institute to establish a new research facility in
101	Florida in order to create new jobs, to reinvest a significant
102	portion of the appropriation from the net proceeds of certain
103	grants for research activities it conducts in Florida in a
104	Florida state trust fund, and, in cooperation with the economic
105	development agencies of the state and the State University
106	System, to seek to create new business and academic
107	opportunities in this state. The Legislature finds that the
108	ability of these entities to conduct meaningful scientific
109	research and meet their obligations will be impaired
110	significantly if certain proprietary information as described in
111	this act is not held confidential and exempt from public
112	disclosure. The Legislature finds that it is a public necessity
113	that materials that relate to methods of manufacture or
114	production, actual or potential trade secrets, patentable
115	materials, or proprietary information received, generated,
116	ascertained, or discovered during the course of research
117	conducted by or through the grantee, and business transactions
118	resulting from such research, be made confidential and exempt
119	from public records requirements because the disclosure of such
120	information would negate the benefit expected by exposing
121	valuable proprietary work to competitors. Disclosure of this
122	information would create an unfair competitive advantage for
123	competitors and others and would adversely impact the grantee by
124	negatively affecting the revenues generated by its research. In
125	turn, this would negatively affect the financial and other
126	substantial interests of the state, its economy, and the
127	academic community. The Legislature also finds that it is a
128	public necessity to make confidential and exempt agreements and
129	proposals to receive funding for projects, including grant
130	applications. If this information is not protected, it could
131	adversely affect the ability of the grantee to operate. Without
132	the exemption, the disclosure of confidential and exempt
133	information would place the grantee on an unequal footing in the
134	marketplace as compared with other research competitors whose
135	information is kept confidential and exempt. Furthermore, upon
136	completion of a project, such agreements and proposals, less any
137	confidential and exempt information, are to be available for
138	public inspection. The Legislature finds that it is a public
139	necessity to make confidential and exempt the materials that
140	relate to the recruitment of scientists and researchers. If this
141	information is not protected, it could adversely affect the
142	ability of the grantee to attract the highest quality scientists
143	and researchers by permitting competitors to determine the terms
144	of employment negotiations, thereby enabling a competitor to
145	outbid the grantee. The Legislature also finds that it is a
146	public necessity to protect the personal identifying information
147	of donors or prospective donors to the grantee who wish to
148	remain anonymous. If such information is not protected from
149	public disclosure, donors could be less likely to make donations
150	to the grantee. Such donations provide additional funding for
151	research. As such, such information must be protected in order
152	to enhance and ensure the continuation of donations. The
153	Legislature further finds that any record that is exempt or
154	confidential under the laws of another state or under federal
155	law should be held confidential and exempt from public
156	disclosure. Failure to protect such records would inhibit
157	scientific research by the grantee because other states or the
158	Federal Government could be unwilling to share information and
159	research if such records could be released. Without the
160	exemption, the disclosure of confidential and exempt records
161	would place the grantee on an unequal footing in the marketplace
162	as compared with other research competitors whose records are
163	kept confidential and exempt. The Legislature further finds that
164	disclosure of confidential and exempt records would adversely
165	impact the grantee's fulfilling the mission of research. The
166	Legislature finds that it is a public necessity to make
167	confidential and exempt personal identifying information of
168	individuals who participate in human trials or experiments and
169	any medical or health records relating to participants in
170	clinical trials. Compilation of this information is necessary to
171	conduct scientific research but could be damaging to those
172	persons who have volunteered or otherwise agreed to participate.
173	Such persons might be denied health insurance, suffer employment
174	discrimination, and experience other social problems if this
175	information is not made confidential and exempt. If potential
176	participants feared that such consequences could be suffered by
177	participating in human trials or other scientific research, they
178	might refuse to participate, which would adversely impact
179	biomedical research by the grantee. The Legislature further
180	finds that it is a public necessity that portions of meetings of
181	the corporation at which confidential and exempt information and
182	records are presented or discussed be made exempt from public
183	meetings requirements in order to allow the corporation to
184	maintain the confidential and exempt status of such information
185	and records and to prevent an unfair competitive advantage for
186	the persons receiving the information and records. Moreover,
187	disclosing information and records made confidential and exempt
188	pursuant to this act via open meetings defeats the purpose of
189	the public records exemption. Furthermore, the Legislature finds
190	that it is a public necessity that records generated during
191	those portions of closed meetings of the corporation at which
192	confidential and exempt information and records are presented or
193	discussed be made confidential and exempt from public disclosure
194	for the reasons set forth in this section to justify the closing
195	of such portions of meetings.
196	Section 4. This act shall take effect upon becoming a law
197	if HB 1E or similar legislation is adopted in the same
198	legislative session or an extension thereof and becomes law.
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201	================= T I T L E A M E N D M E N T =================
202	Remove the entire title, and insert:
203
204	A bill to be entitled
205	An act relating to public records and public meetings
206	exemptions; creating s. 288.9551, F.S.; creating an exemption
207	from public records requirements for specified materials, actual
208	and potential trade secrets, patentable material, and
209	proprietary information received, generated, ascertained, or
210	discovered during the course of research conducted by or through
211	the Scripps Research Institute, a not-for-profit public benefit
212	corporation, or a division, subsidiary, affiliate, or entity
213	formed by the Scripps Research Institute to establish a state-
214	of-the-art biomedical research institution and campus in the
215	state, hereinafter referred to as the "grantee," and business
216	transactions resulting from such research; creating an exemption
217	from public records requirements for agreements and proposals to
218	receive funding; providing for cessation of the exemption;
219	clarifying that the exemption does not apply to an agreement or
220	contract by the Scripps Florida Funding Corporation to release
221	funds to the grantee; creating an exemption from public records
222	requirements for materials that relate to the recruitment of
223	scientists and researchers; creating an exemption from public
224	records requirements for personal identifying information of a
225	donor or prospective donor to the grantee; creating an exemption
226	from public records requirements for any record that is exempt
227	or confidential under the laws of another state or under federal
228	law; creating an exemption from public records requirements for
229	personal identifying information of individuals who participate
230	in human trials or experiments and for medical or health records
231	of participants in clinical trials; creating an exemption from
232	public meetings and records requirements for portions of
233	meetings of the board of directors of the Scripps Florida
234	Funding Corporation at which confidential and exempt information
235	or records are presented or discussed and for records generated
236	during such exempt portions of meetings; providing a penalty;
237	providing for applicability of exemption under specified
238	circumstances; providing for future review and repeal; providing
239	a statement of public necessity; providing a contingent
240	effective date.