Senate Bill sb0008Ee1

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  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 and the Office of Tourism,

20         Trade and Economic Development at which exempt

21         records are presented or discussed; providing

22         access to exempt or confidential information

23         under specified circumstances; providing a

24         penalty; providing for future review and

25         repeal; providing a statement of public

26         necessity; providing a contingent effective

27         date.

28  

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

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31  


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 1         Section 1.  Section 288.9551, Florida Statutes, is

 2  created to read:

 3         288.9551  Exemptions from public records and meetings

 4  requirements; Scripps Florida Funding Corporation, The Scripps

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

 6  Trade, and Economic Development.--

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

 8  the same meaning ascribed in s. 288.955.

 9         (2)  The following information held by the Scripps

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

11  and Economic Development under s. 288.955 is confidential and

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

13  119.07(1):

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

15  production, potential trade secrets, patentable material,

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

17  information received, generated, ascertained, or discovered by

18  or through the grantee or The Scripps Research Institute.

19         (b)  Agreements and proposals to receive funding,

20  including grant applications; however, those portions of such

21  agreements and proposals to receive funding, including grant

22  applications, that do not contain information made exempt by

23  paragraph (a) of this subsection, shall not be confidential

24  and exempt upon issuance of the report that is made after the

25  conclusion of the project for which funding was provided. The

26  exemption created in this paragraph specifically excludes any

27  agreement by the Scripps Florida Funding Corporation to

28  release funds to The Scripps Research Institute or grantee.

29         (c)  Materials that relate to the recruitment of

30  scientists and researchers; and the identity of donors or

31  potential donors.


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 1         (d)  Any information received from a person or another

 2  state or nation or the Federal Government which is otherwise

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

 4  laws or pursuant to federal law.

 5         (e)  Personal identifying information of individuals

 6  who participate in human trials or experiments.

 7         (f)  Any medical or health records relating to

 8  participants in clinical trials.

 9         (3)  That portion of a meeting of the board of

10  directors of the Scripps Florida Funding Corporation or the

11  Office of Tourism, Trade and Economic Development at which

12  information is presented or discussed which is confidential

13  and exempt under subsection (2) is closed to the public and

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

15  286.011.

16         (4)  Any records generated during those portions of the

17  board meetings which are closed to the public under subsection

18  (3), such as minutes, tape recordings, videotapes,

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

20  24, Art. I of the State Constitution and s. 119.07(1).

21         (5)  Public employees shall be permitted to inspect and

22  copy records or information that is made exempt and

23  confidential under this section exclusively for the

24  performance of their public duties. Public employees receiving

25  this exempt and confidential information must maintain the

26  confidentiality of the information. Any such public employee

27  receiving confidential information who violates this

28  subsection commits a misdemeanor of the first degree,

29  punishable as provided by s. 775.082 or s. 775.083.

30         (6)  The Scripps Research Institute or grantee as

31  defined in s. 288.955, is a private, not-for-profit entity and


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 1  as such is not subject to ch. 119 or s. 286.011. If a court

 2  nonetheless determines that The Scripps Research Institute or

 3  grantee is acting on behalf of an agency, by virtue of its

 4  contract under s. 288.955, or otherwise, such that it is

 5  subject to s. 24, Art. I of the State Constitution and s.

 6  119.07(1) and s. 286.011, the exemptions from the public

 7  records and meetings requirements provided by this section

 8  shall apply equally to the same records and meetings when held

 9  by The Scripps Research Institute or grantee.

10         (7)  At the time that any record or information made

11  confidential and exempt by this section, or portion thereof,

12  is legally available or subject to public disclosure for any

13  other reason, that record or information, or portion thereof,

14  shall no longer be confidential and exempt and shall be made

15  available for inspection and copying.

16         (8)  This section is subject to the Open Government

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

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

19  saved from repeal through reenactment by the Legislature.

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

21  public necessity that certain records held by the Scripps

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

23  and Economic Development which contain proprietary business

24  and scientific information be made confidential and exempt

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

26  court determines that The Scripps Research Institute or

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

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

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

30  and meetings when held by The Scripps Research Institute or

31  grantee. The Legislature finds that the economic development


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

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

 3  will greatly benefit the state through economic stimulation,

 4  the diversification of industries in the state, and job

 5  creation, the Legislature has created the Scripps Florida

 6  Funding Corporation to provide a substantial capital

 7  investment to attract and assist a private, nonprofit research

 8  organization that promotes research and development in the

 9  science of biotechnology to develop the means to predict,

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

11  others.

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

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

14  Statutes, of an appropriation of $310 million to The Scripps

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

16  Florida Statutes, to establish a new research facility in

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

18  state trust fund a significant portion of the foregoing

19  appropriation from the net proceeds of certain grants to

20  research activities it conducts in Florida, and, in

21  cooperation with the economic development agencies of the

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

23  business and academic opportunities in this state. The

24  Legislature finds that the ability of these entities to

25  conduct meaningful scientific research and meet their

26  obligations will be significantly impaired if certain

27  proprietary business information or scientific research as

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

29  exempt from public disclosure. Specifically, the Legislature

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

31  confidential proprietary business information or scientific


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 1  research that relates to methods of manufacture or production,

 2  potential trade secrets, patentable material, actual trade

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

 4  proprietary information received, generated, ascertained, or

 5  discovered by or through The Scripps Research Institute or the

 6  grantee because the disclosure of this information would

 7  negate the benefit expected by exposing valuable proprietary

 8  work to competitors. Disclosure of this information would

 9  create an unfair competitive advantage for competitors and

10  others in receipt of the information and would adversely

11  impact The Scripps Research Institute or grantee by negatively

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

13  this would negatively affect the financial and other

14  substantial interests of the state, its economy, and the

15  academic community.

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

17  necessity to make exempt and confidential agreements and

18  proposals to receive funding, including grant applications,

19  until after the conclusion of the project and the issuance of

20  a report, while maintaining the exemption for proprietary

21  information provided for in s. 288.9551(2)(a) in those

22  agreements and grant applications. If these records are not

23  protected during the application process and during the time

24  work on the project is ongoing, the grantee would be at a

25  competitive disadvantage in competing for those funds.

26  Further, it is a public necessity to make exempt and

27  confidential materials that relate to the recruitment of

28  scientists and researchers. If this information is not

29  protected, it could adversely affect the ability of the

30  grantee to attract the highest quality scientists and

31  researchers to The Scripps Research Institute or grantee by


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 1  permitting competitors to determine what the terms of

 2  employment negotiations for scientists and researchers are and

 3  to outbid The Scripps Research Institute or grantee. This

 4  would adversely affect the program and defeat its purpose.

 5  Furthermore, oversight and accountability for hiring of

 6  scientists and researchers is maintained through the

 7  requirement in s. 288.955 that reports on average

 8  compensation, numbers and types of personnel be provided to

 9  the Scripps Florida Funding Corporation or the Office of

10  Tourism, Trade and Economic Development.

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

12  necessity to protect the identity of donors and potential

13  donors to The Scripps Research Institute or grantee because

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

15  not protected they would not make donations. Such donations

16  provide additional funding for research and may provide

17  additional reinvestment funds to the state. Thus, the identity

18  of the donors must be protected in order to enhance and ensure

19  the continuation of such funding and donations.

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

21  necessity to make confidential and exempt from public

22  disclosure any information received from a person, another

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

24  confidential or exempt from disclosure pursuant to the laws of

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

26  protect such information would inhibit scientific research by

27  The Scripps Research Institute or grantee because other

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

29  unwilling to share information and research if it could be

30  released. Without protecting such information, The Scripps

31  Research Institute or grantee would be on an unequal footing


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 1  in the biomedical industry as compared with research

 2  competitors that are not required to disclose confidential and

 3  exempt information, and thus operate to the economic detriment

 4  of the State.

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

 6  necessity to make confidential and exempt from public

 7  disclosure personal identifying information of individuals who

 8  participate in human trials or experiments and any medical or

 9  health records relating to patients, participants, or clients

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

11  Scripps Research Institute or grantee, or the Office of

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

13  information is necessary to conduct scientific research but

14  could be damaging to those persons who have volunteered or

15  otherwise agreed to participate. Such persons might be denied

16  health insurance, suffer employment discrimination, and

17  experience other personal problems and embarrassment if this

18  highly sensitive and personal information were to be made

19  public. If potential volunteers, patients, or clients feared

20  that such consequences could be suffered by participating in

21  human trials and other scientific research, they might refuse

22  to participate, which would adversely affect biomedical

23  research by The Scripps Research Institute or grantee and

24  place those entities on an unequal footing with other research

25  institutes that protect this information, and thus operate to

26  the economic detriment of the state.

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

28  of The Scripps Research Institute or grantee to conduct

29  meaningful scientific research and meet its obligations under

30  section 288.955, Florida Statutes, will be impaired

31  significantly if meetings held by the Scripps Florida Funding


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

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

 3  the records and information made confidential and exempt from

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

 5  Failure to protect that portion of meetings during which such

 6  protected records and information are discussed would defeat

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

 8  finds that records generated during those portions of meetings

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

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

11  the same reasons that those portions of the meetings are

12  closed.

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

14  the appropriation made to facilitate this program, the state

15  has a substantial financial interest in the success of this

16  program.

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

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

19  such legislation is enacted in the same legislative session,

20  or an extension thereof, and becomes law.

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