HOUSE AMENDMENT Bill No. HB 7E
1	CHAMBER ACTION
2	Senate House
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12	Representative Seiler 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 288.145, Florida Statutes, is created to
18	read:
19	288.145 Scripps Florida Funding Corporation and Scripps
20	Florida; public records exemption; public meetings exemption.--
21	(1) The following information held by Scripps Florida, a
22	not-for-profit entity, or a division, subsidiary, affiliate, or
23	entity formed by the Scripps Research Institute to establish a
24	state-of-the-art biomedical research campus in the state,
25	hereinafter referred to as the "grantee," as defined in s.
26	288.955, or received from the grantee and held by the Scripps
27	Florida Funding Corporation as created by s. 288.955, is
28	confidential and exempt from the provisions of s. 119.07(1) and
29	s. 24(a), Art. I of the State Constitution:
30	(a) Materials that relate to methods of manufacture or
31	production unique to the grantee or Scripps Florida Funding
32	Corporation, potential trade secrets such as patentable material
33	for which a patent is pending, patentable material, actual trade
34	secrets as defined in s. 688.002, or proprietary information
35	which is patented or patentable or trademarked or capable of
36	being trademarked or which constitutes a trade secret, received,
37	generated, ascertained, or discovered during the course of
38	research conducted by or through the grantee, and business
39	transactions resulting from such research that could result in
40	an unfair competitive advantage to others.
41	(b) Any information received from a person from another
42	state or nation or the Federal Government which is otherwise
43	exempt or confidential pursuant to the laws of that state or
44	nation or pursuant to federal law.
45	(2) Any information received by the grantee or Scripps
46	Florida Funding Corporation in the performance of its duties and
47	responsibilities which is otherwise confidential and exempt by
48	law is confidential and exempt from the provisions of s.
49	119.07(1) and s. 24(a), Art. I of the State Constitution.
50	(3) The following information held by the grantee is
51	confidential and exempt from the provisions of s. 119.07(1) and
52	s. 24(a), Art. I of the State Constitution:
53	(a) Personal identifying information relating to
54	individuals who participate in human trials or experiments of
55	programs created or funded through the grantee.
56	(b) Any medical or health records relating to patients.
57	(4) That portion of a meeting of the Scripps Florida
58	Funding Corporation at which information is presented or
59	discussed that is confidential and exempt pursuant to
60	subsections (1) and (2) is exempt from the provisions of s.
61	286.011 and s. 24(b), Art. I of the State Constitution.
62	(5) The Auditor General, the Office of Program Policy
63	Analysis and Government Accountability, and the Office of
64	Tourism, Trade, and Economic Development, pursuant to their
65	oversight and auditing functions, shall be given access to all
66	information made confidential and exempt pursuant to subsections
67	(1), (2), and (3), upon request and without subpoena, and shall
68	maintain the confidential and exempt status of the information
69	so received.
70	(6) Any audit or oversight report generated pursuant to
71	subsection (5), when final, shall be a public record. The audit
72	and oversight workpapers and notes are confidential and exempt
73	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
74	State Constitution; however, those workpapers necessary to
75	support the computations in the final audit report may be made
76	available by a majority vote of the Legislative Auditing
77	Committee after a public hearing showing proper cause. The audit
78	or oversight workpapers and notes shall be retained by the
79	entity generating the report until no longer useful, after which
80	time the workpapers and notes may be destroyed.
81	Section 2. Section 288.145, Florida Statutes, is subject
82	to the Open Government Sunset Review Act of 1995 in accordance
83	with s. 119.15, Florida Statutes, and shall stand repealed on
84	October 2, 2009, unless reviewed and saved from repeal through
85	reenactment by the Legislature.
86	Section 3. The Legislature finds that it is a public
87	necessity that certain information held by Scripps Florida, a
88	not-for-profit entity, or a division, subsidiary, affiliate, or
89	entity formed by the Scripps Research Institute to establish a
90	state-of-the-art biomedical research campus in the state,
91	hereinafter referred to as the "grantee," as defined in s.
92	288.955, Florida Statutes, or received from the grantee and held
93	by the Scripps Florida Funding Corporation as created in s.
94	288.955, Florida Statutes, which information is proprietary
95	confidential business information, be held confidential and
96	exempt from public records requirements. Materials and
97	information held by the grantee or obtained from the grantee and
98	held by the corporation concerning methods of manufacture or
99	production unique to the grantee or Scripps Florida Funding
100	Corporation, actual trade secrets, potential trade secrets such
101	as patentable material for which a patent is pending, patentable
102	materials, or proprietary information which is patented or
103	patentable or trademarked or capable of being trademarked or
104	which constitutes a trade secret, received, generated,
105	ascertained, or discovered during the course of research
106	conducted by or through the grantee, and business transactions
107	resulting from such research that could result in an unfair
108	competitive advantage to others must be held confidential and
109	exempt from public records requirements because the disclosure
110	of such information would create an unfair competitive advantage
111	for the person receiving such information. Such an advantage
112	would adversely impact the grantee. If confidential and exempt
113	information regarding research in progress were released
114	pursuant to a public records request, others would be allowed to
115	derive benefit from the research without compensation or
116	reimbursement to the grantee. The Legislature further finds that
117	information obtained by the grantee or the corporation from a
118	person in another state or nation or the Federal Government
119	which is otherwise exempt or confidential pursuant to the laws
120	of that state or nation or pursuant to federal law should remain
121	exempt or confidential because the highly confidential nature of
122	research necessitates that the grantee or corporation be
123	authorized to maintain the status of such information it
124	receives. Without the exemptions provided for in this act, the
125	disclosure of confidential and exempt information would place
126	the grantee on an unequal footing in the marketplace as compared
127	with other research competitors whose information is kept
128	confidential and exempt. The Legislature finds that disclosure
129	of confidential and exempt information would adversely impact
130	the grantee's fulfilling the mission of research. It is further
131	a public necessity that the grantee and the corporation have the
132	same confidential protections for other information received in
133	the performance of their duties and responsibilities, which is
134	otherwise confidential and exempt by law, in order to put the
135	grantee on an equal footing with other public research
136	institutes and to ensure that the grantee has similar
137	opportunities for success as its other research competitors. The
138	Legislature further finds that it is a public necessity that
139	personal, medical, or health information held by the grantee
140	concerning individuals who participate in human trials or
141	experiments of programs created or funded through the grantee or
142	patients of the grantee be made confidential and exempt from
143	public disclosure because access to such information would be an
144	unwarranted invasion of the individual’s or patient’s right to
145	privacy. Also, misuse of such sensitive personal, medical, or
146	health information could be detrimental to the health, safety,
147	or welfare of the individual or patient. The Legislature further
148	finds that it is a public necessity that portions of meetings of
149	the corporation at which confidential and exempt information is
150	presented or discussed be exempt from public meetings
151	requirements in order to allow the corporation to maintain the
152	confidential and exempt status of that information and to
153	prevent an unfair competitive advantage for the persons
154	receiving this information. Moreover, disclosing information
155	made confidential and exempt pursuant to the corporation’s
156	public records exemption via an open meeting defeats the purpose
157	of the public records exemption. The Legislature also finds that
158	it is a public necessity that information obtained from the
159	grantee and the corporation and held by the Auditor General, the
160	Office of Program Policy Analysis and Government Accountability,
161	and the Office of Tourism, Trade, and Economic Development be
162	confidential and exempt from public disclosure because of the
163	highly confidential nature of research. Release of such
164	information would place the grantee on an unequal footing in the
165	marketplace as compared with other private research competitors
166	whose information is kept confidential and exempt. Finally, the
167	Legislature finds that it is a public necessity that audit or
168	oversight workpapers and notes obtained by the grantee and held
169	by the Auditor General, the Office of Program Policy Analysis
170	and Government Accountability, and the Office of Tourism, Trade,
171	and Economic Development be confidential and exempt from public
172	disclosure because such workpapers and notes are incomplete and
173	could be misleading. Release of inaccurate or incomplete
174	information could be detrimental to the grantee or the Scripps
175	Florida Funding Corporation.
176	Section 4. This act shall take effect upon becoming a law
177	if HB 1-E or similar legislation is adopted in the same
178	legislative session or an extension thereof and becomes law.
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181	================= T I T L E A M E N D M E N T =================
182	Remove the entire title, and insert:
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184
185	A bill to be entitled
186	An act relating to public records and public meetings
187	exemptions; creating s. 288.145, F.S.; creating an exemption
188	from public records requirements for specified materials, actual
189	and potential trade secrets, patentable material, specified
190	proprietary information received, generated, ascertained, or
191	discovered during the course of research conducted by or through
192	Scripps Florida, a not-for-profit entity, or a division,
193	subsidiary, affiliate, or entity formed by the Scripps Research
194	Institute to establish a state-of-the-art biomedical research
195	campus in the state, hereinafter referred to as the "grantee,"
196	specified business transactions resulting from such research,
197	and information received from a person from another state or
198	nation or the Federal Government which is otherwise exempt or
199	confidential, held by the grantee or received from the grantee
200	and held by the Scripps Florida Funding Corporation; creating an
201	exemption from public records requirements for information
202	received by the grantee or Scripps Florida Funding Corporation
203	in the performance of its duties and responsibilities and which
204	is otherwise confidential and exempt; creating an exemption from
205	public records requirements for personal identifying information
206	held by the grantee relating to individuals who participate in
207	human trials or experiments of programs created or funded
208	through the grantee and medical or health records relating to
209	patients; creating an exemption from public meetings
210	requirements for portions of meetings of the Scripps Florida
211	Funding Corporation at which confidential and exempt information
212	is presented or discussed; providing for access to confidential
213	and exempt information by specified agencies; providing that
214	specified audits or oversight reports are public records when
215	final; creating a public records exemption for audit and
216	oversight workpapers and notes; providing for retention of
217	workpapers and notes for a specified period; providing for
218	future review and repeal; providing a statement of public
219	necessity; providing a contingent effective date.