Senate Bill sb0008Ec1

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    Florida Senate - 2003                            CS for SB 8-E

    By the Committee on Governmental Oversight and Productivity;
    and Senators Atwater and Klein




    302-659-04

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 288.9551, F.S.; creating an

  4         exemption from public records and public

  5         meetings requirements for certain information

  6         held by the Scripps Florida Funding Corporation

  7         or the Office of Tourism, Trade, and Economic

  8         Development; creating an exemption from public

  9         records requirements for specified research

10         materials and actual and potential trade

11         secrets; creating an exemption from public

12         records requirements for other proprietary

13         business information; creating an exemption for

14         information made confidential under the laws of

15         other states or nations or pursuant to federal

16         law; creating an exemption from public meetings

17         requirements for meetings of the governing

18         board of directors of the Scripps Florida

19         Funding Corporation at which exempt records are

20         presented or discussed; providing for

21         interagency exchange of confidential

22         information; providing a penalty; providing for

23         future review and repeal; providing a statement

24         of public necessity; providing a contingent

25         effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 288.9551, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2003                            CS for SB 8-E
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 1         288.9551  Exemptions from public records and meetings

 2  requirements; Scripps Florida Funding Corporation, The Scripps

 3  Research Institute or grantee, and the Office of Tourism,

 4  Trade, and Economic Development.--

 5         (1)  As used in this section, the term "grantee" has

 6  the same meaning ascribed in s. 288.955.

 7         (2)  The following information held by the Scripps

 8  Florida Funding Corporation or the Office of Tourism, Trade,

 9  and Economic Development under s. 288.955 is confidential and

10  exempt from s. 24, Art. I of the State Constitution and s.

11  119.07(1):

12         (a)  Materials that relate to methods of manufacture or

13  production, potential trade secrets, patentable material,

14  actual trade secrets as defined in s. 688.002, or proprietary

15  information received, generated, ascertained, or discovered by

16  or through the grantee or The Scripps Research Institute.

17         (b)  Federal employer identification numbers;

18  unemployment account numbers; Florida sales tax registration

19  numbers; agreements and proposals to receive funding,

20  including grant applications, but specifically excluding the

21  agreement by the Scripps Florida Funding Corporation to

22  release funds to The Scripps Research Institute or grantee;

23  materials that relate to the recruitment of personnel; and the

24  identity of donors or potential donors.

25         (c)  Any information received from a person or another

26  state or nation or the Federal Government which is otherwise

27  confidential or exempt pursuant to that state's or nation's

28  laws or pursuant to federal law.

29         (d)  Any information regarding the conduct of the

30  operations of The Scripps Research Institute or grantee which

31  is otherwise confidential and exempt by law.

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    Florida Senate - 2003                            CS for SB 8-E
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 1         (e)  Personal identifying information of individuals

 2  who participate in human trials or experiments.

 3         (f)  Any medical or health records relating to

 4  participants in clinical trials.

 5         (2)  That portion of a meeting of the board of

 6  directors of the Scripps Florida Funding Corporation at which

 7  information is presented or discussed which is confidential

 8  and exempt under subsection (1) is closed to the public and

 9  exempt from s. 24(b), Art. I of the State Constitution and s.

10  286.011.

11         (3)  Any records generated during those portions of the

12  board meetings which are closed to the public under subsection

13  (2), such as minutes, tape recordings, videotapes,

14  transcriptions, or notes are confidential and exempt from s.

15  24, Art. I of the State Constitution and s. 119.07(1).

16         (4)  Information that is made exempt and confidential

17  under this section shall be released to public employees

18  exclusively for the performance of their public duties. Public

19  employees receiving this confidential information must

20  maintain the confidentiality of the information. Any such

21  public employee receiving confidential information who

22  violates this subsection commits a misdemeanor of the first

23  degree, punishable as provided by s. 775.082 or s. 775.083.

24         (5)  The Scripps Research Institute or grantee is

25  defined in s. 288.955, as a private, not-for-profit entity. If

26  a court nonetheless determines that The Scripps Research

27  Institute or grantee is acting on behalf of an agency,

28  pursuant to its contract under s. 288.955, such that it is

29  subject to s. 24(a), Art. I of the State Constitution and s.

30  119.07(1), the exemptions from the public records and meetings

31  requirements provided by this section shall apply to the same

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    Florida Senate - 2003                            CS for SB 8-E
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 1  documents and meetings when held by The Scripps Research

 2  Institute or grantee.

 3         (6)  This section is subject to the Open Government

 4  Sunset Review Act of 1995 in accordance with s. 119.15 and

 5  shall stand repealed on October 2, 2009, unless reviewed and

 6  saved from repeal through reenactment by the Legislature.

 7         Section 2.  (1)  The Legislature finds that it is a

 8  public necessity that certain records held by the Scripps

 9  Florida Funding Corporation or the Office of Tourism, Trade,

10  and Economic Development which contain proprietary business

11  and scientific information be made confidential and exempt

12  from public disclosure. The Legislature also finds that, if a

13  court determines that The Scripps Research Institute or

14  grantee, which are private, not-for-profit entities, are

15  acting on behalf of an agency, it is a public necessity that

16  the exemptions created in this act apply to the same documents

17  and meetings when held by The Scripps Research Institute or

18  grantee. The Legislature finds that the economic development

19  of the state is greatly enhanced by the diversification of the

20  industries that are located in the state. In an effort that

21  will greatly benefit the state through economic stimulation,

22  the diversification of industries in the state, and job

23  creation, the Legislature has created the Scripps Florida

24  Funding Corporation to provide a substantial capital

25  investment to attract and assist a private, nonprofit research

26  organization that promotes research and development in the

27  science of biotechnology to develop the means to predict,

28  prevent, treat, or cure diseases that affect Floridians and

29  others.

30         (2)  In particular, the Legislature has authorized the

31  release, under the terms specified in section 288.955, Florida

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    Florida Senate - 2003                            CS for SB 8-E
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 1  Statutes, of an appropriation of $310 million to The Scripps

 2  Research Institute or a grantee as defined in section 288.955,

 3  Florida Statutes, to establish a new research facility in

 4  Florida, to create new jobs, and to reinvest in a Florida

 5  state trust fund a significant portion of the foregoing

 6  appropriation from the net proceeds of certain grants to

 7  research activities it conducts in Florida, and, in

 8  cooperation with the economic development agencies of the

 9  state and the state university system, to seek to create new

10  business and academic opportunities in this state. The

11  Legislature finds that the ability of these entities to

12  conduct meaningful scientific research and meet their

13  obligations will be significantly impaired if certain

14  proprietary business information or scientific research as

15  discussed and defined in this act is not made confidential and

16  exempt from public disclosure. Specifically, the Legislature

17  finds that it is a public necessity to make exempt and

18  confidential proprietary business information or scientific

19  research that relates to methods of manufacture or production,

20  potential trade secrets, patentable material, actual trade

21  secrets as defined in section 688.002, Florida Statutes, or

22  proprietary information received, generated, ascertained, or

23  discovered by or through The Scripps Research Institute or the

24  grantee because the disclosure of this information would

25  negate the benefit expected by exposing valuable proprietary

26  work to competitors. Disclosure of this information would

27  create an unfair competitive advantage for competitors and

28  others in receipt of the information and would adversely

29  impact The Scripps Research Institute or grantee by negatively

30  affecting the revenues generated by its research. In turn,

31  this would negatively affect the financial and other

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    Florida Senate - 2003                            CS for SB 8-E
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 1  substantial interests of the state, its economy, and the

 2  academic community.

 3         (3)  The Legislature also finds that it is a public

 4  necessity to make exempt and confidential federal employer

 5  identification numbers; unemployment account numbers; Florida

 6  sales tax registration numbers; agreements and proposals to

 7  receive funding, including grant applications; and materials

 8  that relate to the recruitment of personnel. If this

 9  information is not protected, it could adversely affect the

10  ability to attract the highest quality scientists and

11  researchers to The Scripps Research Institute or grantee by

12  permitting competitors to determine what the terms of

13  employment negotiations for scientists and researchers are and

14  to outbid The Scripps Research Institute or grantee. This

15  would adversely affect the program and defeat its purpose.

16         (4)  The Legislature also finds that it is a public

17  necessity to protect the identity of donors and potential

18  donors to The Scripps Research Institute or grantee because

19  some donors wish to remain anonymous and if their identity is

20  not protected they would not make donations. Such donations

21  provide additional funding for research and the identity of

22  the donors must be protected in order to enhance and ensure

23  the continuation of such funding and donations.

24         (5)  The Legislature also finds that it is a public

25  necessity to make confidential and exempt from public

26  disclosure any information received from a person, another

27  state, the Federal Government, or another nation which is

28  confidential or exempt from disclosure pursuant to the laws of

29  that state, nation, or the Federal Government. Failure to

30  protect such information would inhibit scientific research by

31  The Scripps Research Institute or grantee because other

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 1  persons, states, the Federal Government, or nations could be

 2  unwilling to share information and research if it could be

 3  released. Without protecting such information, The Scripps

 4  Research Institute or grantee would be on an unequal footing

 5  in the biomedical industry as compared with research

 6  competitors that are not required to disclose confidential and

 7  exempt information. Further, the Legislature also finds that

 8  it is a public necessity to make exempt and confidential any

 9  information regarding the operation of The Scripps Research

10  Institute or grantee which is exempt from public disclosure or

11  confidential by law for the same reasons as stated in this

12  act.

13         (6)  The Legislature also finds that it is a public

14  necessity to make confidential and exempt from public

15  disclosure personal identifying information of individuals who

16  participate in human trials or experiments and any medical or

17  health records relating to patients, participants, or clients

18  which are held by the Scripps Florida Funding Corporation, The

19  Scripps Research Institute or grantee, or the Office of

20  Tourism, Trade, and Economic Development. Compilation of this

21  information is necessary to conduct scientific research but

22  could be damaging to those persons who have volunteered or

23  otherwise agreed to participate. Such persons might be denied

24  health insurance, suffer employment discrimination, and

25  experience other social problems if this information were to

26  be made public. If potential volunteers, patients, or clients

27  feared that such consequences could be suffered by

28  participating in human trials and other scientific research,

29  they might refuse to participate, which would adversely affect

30  biomedical research by The Scripps Research Institute or

31  

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    Florida Senate - 2003                            CS for SB 8-E
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 1  grantee and place those entities on an unequal footing with

 2  other research institutes that protect this information.

 3         (7)  Similarly, the Legislature finds that the ability

 4  of The Scripps Research Institute or grantee to conduct

 5  meaningful scientific research and meet its obligations under

 6  section 288.955, Florida Statutes, will be impaired

 7  significantly if meetings held by the Scripps Florida Funding

 8  Corporation, The Scripps Research Institute or grantee, or the

 9  Office of Tourism, Trade, and Economic Development at which

10  the records and information made confidential and exempt from

11  public disclosure by this act are discussed are not closed.

12  Failure to protect that portion of meetings during which such

13  protected records and information are discussed would defeat

14  the exemption created by this act. Further, the Legislature

15  finds that records generated during those portions of meetings

16  which are closed, and the minutes, tape recordings,

17  videotapes, transcriptions, or notes, must be protected for

18  the same reasons that those portions of the meetings are

19  closed.

20         (8)  The Legislature also finds that, given the size of

21  the appropriation made to facilitate this program, the state

22  has a substantial financial interest in the success of this

23  program.

24         Section 3.  This act shall take effect on the same date

25  that Senate Bill 6-E, or similar legislation takes effect, if

26  such legislation is enacted in the same legislative session,

27  or an extension thereof, and becomes law.

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    Florida Senate - 2003                            CS for SB 8-E
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 8-E

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 4  Ties the exemptions and the stated bases for the exemptions
    more closely together.
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    Exempts personal identifying information and medical and
 6  health records of volunteers and other participants in human
    trials.
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    Clarifies that the agreement to release funds to The Scripps
 8  Research Institute or grantee is not exempt.

 9  Includes The Scripps Research Institute within the exemption
    in the event that a court determines it is acting on behalf of
10  the State.

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