HOUSE AMENDMENT Bill No. CS/SB 8E
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	On page 1, line 28,
16	remove: everything after the enacting clause,
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18	and insert:
19	Section 1. Section 288.145, Florida Statutes, is created
20	to read:
21	288.145 Scripps Florida Funding Corporation and Scripps
22	Florida; public records exemption; public meetings exemption.--
23	(1) The following information held by Scripps Florida, a
24	not-for-profit entity, or a division, subsidiary, affiliate, or
25	entity formed by The Scripps Research Institute to establish a
26	state-of-the-art biomedical research campus in the state,
27	hereinafter referred to as the "grantee," as defined in s.
28	288.955, or received from the grantee and held by the Scripps
29	Florida Funding Corporation as created by s. 288.955, is
30	confidential and exempt from the provisions of s. 119.07(1) and
31	s. 24(a), Art. I of the State Constitution:
32	(a) Materials that relate to methods of manufacture or
33	production unique to the grantee or Scripps Florida Funding
34	Corporation, potential trade secrets such as patentable material
35	for which a patent is pending, patentable material, actual trade
36	secrets as defined in s. 688.002, or proprietary information
37	which is patented or patentable or trademarked or capable of
38	being trademarked or which constitutes a trade secret, received,
39	generated, ascertained, or discovered during the course of
40	research conducted by or through the grantee, and business
41	transactions resulting from such research that could result in
42	an unfair competitive advantage to others.
43	(b) Any information received from a person from another
44	state or nation or the Federal Government which is otherwise
45	exempt or confidential pursuant to the laws of that state or
46	nation or pursuant to federal law.
47	(2) Any information received by the grantee or Scripps
48	Florida Funding Corporation in the performance of its duties and
49	responsibilities which is otherwise confidential and exempt by
50	law is confidential and exempt from the provisions of s.
51	119.07(1) and s. 24(a), Art. I of the State Constitution.
52	(3) The following information held by the grantee is
53	confidential and exempt from the provisions of s. 119.07(1) and
54	s. 24(a), Art. I of the State Constitution:
55	(a) Personal identifying information relating to
56	individuals who participate in human trials or experiments of
57	programs created or funded through the grantee.
58	(b) Any medical or health records relating to patients.
59	(4) That portion of a meeting of the Scripps Florida
60	Funding Corporation at which information is presented or
61	discussed that is confidential and exempt pursuant to
62	subsections (1) and (2) is exempt from the provisions of s.
63	286.011 and s. 24(b), Art. I of the State Constitution.
64	(5) The Auditor General, the Office of Program Policy
65	Analysis and Government Accountability, and the Office of
66	Tourism, Trade, and Economic Development, pursuant to their
67	oversight and auditing functions, shall be given access to all
68	information made confidential and exempt pursuant to subsections
69	(1), (2), and (3), upon request and without subpoena, and shall
70	maintain the confidential and exempt status of the information
71	so received.
72	(6) Any audit or oversight report generated pursuant to
73	subsection (5), when final, shall be a public record. The audit
74	and oversight workpapers and notes are confidential and exempt
75	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
76	State Constitution; however, those workpapers necessary to
77	support the computations in the final audit report may be made
78	available by a majority vote of the Legislative Auditing
79	Committee after a public hearing showing proper cause. The audit
80	or oversight workpapers and notes shall be retained by the
81	entity generating the report until no longer useful, after which
82	time the workpapers and notes may be destroyed.
83	Section 2. Section 288.145, Florida Statutes, is subject
84	to the Open Government Sunset Review Act of 1995 in accordance
85	with s. 119.15, Florida Statutes, and shall stand repealed on
86	October 2, 2009, unless reviewed and saved from repeal through
87	reenactment by the Legislature.
88	Section 3. The Legislature finds that it is a public
89	necessity that certain information held by Scripps Florida, a
90	not-for-profit entity, or a division, subsidiary, affiliate, or
91	entity formed by The Scripps Research Institute to establish a
92	state-of-the-art biomedical research campus in the state,
93	hereinafter referred to as the "grantee," as defined in s.
94	288.955, Florida Statutes, or received from the grantee and held
95	by the Scripps Florida Funding Corporation as created in s.
96	288.955, Florida Statutes, which information is proprietary
97	confidential business information, be held confidential and
98	exempt from public records requirements. Materials and
99	information held by the grantee or obtained from the grantee and
100	held by the corporation concerning methods of manufacture or
101	production unique to the grantee or Scripps Florida Funding
102	Corporation, actual trade secrets, potential trade secrets such
103	as patentable material for which a patent is pending, patentable
104	materials, or proprietary information which is patented or
105	patentable or trademarked or capable of being trademarked or
106	which constitutes a trade secret, received, generated,
107	ascertained, or discovered during the course of research
108	conducted by or through the grantee, and business transactions
109	resulting from such research that could result in an unfair
110	competitive advantage to others must be held confidential and
111	exempt from public records requirements because the disclosure
112	of such information would create an unfair competitive advantage
113	for the person receiving such information. Such an advantage
114	would adversely impact the grantee. If confidential and exempt
115	information regarding research in progress were released
116	pursuant to a public records request, others would be allowed to
117	derive benefit from the research without compensation or
118	reimbursement to the grantee. The Legislature further finds that
119	information obtained by the grantee or the corporation from a
120	person in another state or nation or the Federal Government
121	which is otherwise exempt or confidential pursuant to the laws
122	of that state or nation or pursuant to federal law should remain
123	exempt or confidential because the highly confidential nature of
124	research necessitates that the grantee or corporation be
125	authorized to maintain the status of such information it
126	receives. Without the exemptions provided for in this act, the
127	disclosure of confidential and exempt information would place
128	the grantee on an unequal footing in the marketplace as compared
129	with other research competitors whose information is kept
130	confidential and exempt. The Legislature finds that disclosure
131	of confidential and exempt information would adversely impact
132	the grantee's fulfilling the mission of research. It is further
133	a public necessity that the grantee and the corporation have the
134	same confidential protections for other information received in
135	the performance of their duties and responsibilities, which is
136	otherwise confidential and exempt by law, in order to put the
137	grantee on an equal footing with other public research
138	institutes and to ensure that the grantee has similar
139	opportunities for success as its other research competitors. The
140	Legislature further finds that it is a public necessity that
141	personal, medical, or health information held by the grantee
142	concerning individuals who participate in human trials or
143	experiments of programs created or funded through the grantee or
144	patients of the grantee be made confidential and exempt from
145	public disclosure because access to such information would be an
146	unwarranted invasion of the individual’s or patient’s right to
147	privacy. Also, misuse of such sensitive personal, medical, or
148	health information could be detrimental to the health, safety,
149	or welfare of the individual or patient. The Legislature further
150	finds that it is a public necessity that portions of meetings of
151	the corporation at which confidential and exempt information is
152	presented or discussed be exempt from public meetings
153	requirements in order to allow the corporation to maintain the
154	confidential and exempt status of that information and to
155	prevent an unfair competitive advantage for the persons
156	receiving this information. Moreover, disclosing information
157	made confidential and exempt pursuant to the corporation’s
158	public records exemption via an open meeting defeats the purpose
159	of the public records exemption. The Legislature also finds that
160	it is a public necessity that information obtained from the
161	grantee and the corporation and held by the Auditor General, the
162	Office of Program Policy Analysis and Government Accountability,
163	and the Office of Tourism, Trade, and Economic Development be
164	confidential and exempt from public disclosure because of the
165	highly confidential nature of research. Release of such
166	information would place the grantee on an unequal footing in the
167	marketplace as compared with other private research competitors
168	whose information is kept confidential and exempt. Finally, the
169	Legislature finds that it is a public necessity that audit or
170	oversight workpapers and notes obtained by the grantee and held
171	by the Auditor General, the Office of Program Policy Analysis
172	and Government Accountability, and the Office of Tourism, Trade,
173	and Economic Development be confidential and exempt from public
174	disclosure because such workpapers and notes are incomplete and
175	could be misleading. Release of inaccurate or incomplete
176	information could be detrimental to the grantee or the Scripps
177	Florida Funding Corporation.
178	Section 4. This act shall take effect upon becoming a law
179	if HB 1-E or similar legislation is adopted in the same
180	legislative session or an extension thereof and becomes law.
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182	================= T I T L E A M E N D M E N T =================
183	On page 1, lines 2 through 25,
184	remove: all of said lines,
185
186	and insert:
187	An act relating to public records and public meetings
188	exemptions; creating s. 288.145, F.S.; creating an
189	exemption from public records requirements for specified
190	materials, actual and potential trade secrets, patentable
191	material, specified proprietary information received,
192	generated, ascertained, or discovered during the course
193	of research conducted by or through Scripps Florida, a
194	not-for-profit entity, or a division, subsidiary,
195	affiliate, or entity formed by The Scripps Research
196	Institute to establish a state-of-the-art biomedical
197	research campus in the state, hereinafter referred to as
198	the "grantee," specified business transactions resulting
199	from such research, and information received from a
200	person from another state or nation or the Federal
201	Government which is otherwise exempt or confidential,
202	held by the grantee or received from the grantee and held
203	by the Scripps Florida Funding Corporation; creating an
204	exemption from public records requirements for
205	information received by the grantee or Scripps Florida
206	Funding Corporation in the performance of its duties and
207	responsibilities and which is otherwise confidential and
208	exempt; creating an exemption from public records
209	requirements for personal identifying information held by
210	the grantee relating to individuals who participate in
211	human trials or experiments of programs created or funded
212	through the grantee and medical or health records
213	relating to patients; creating an exemption from public
214	meetings requirements for portions of meetings of the
215	Scripps Florida Funding Corporation at which confidential
216	and exempt information is presented or discussed;
217	providing for access to confidential and exempt
218	information by specified agencies; providing that
219	specified audits or oversight reports are public records
220	when final; creating a public records exemption for audit
221	and oversight workpapers and notes; providing for
222	retention of workpapers and notes for a specified period;
223	providing for future review and repeal; providing a
224	statement of public necessity; providing a contingent
225	effective date.