Senate Bill sb0114c1

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    Florida Senate - 2004                            CS for SB 114

    By the Committee on Education; and Senator Clary





    304-1357-04

  1                      A bill to be entitled

  2         An act relating to an exemption from public

  3         records and public meetings requirements for

  4         certain information held by the Florida

  5         Institute for Human and Machine Cognition,

  6         Inc.; creating an exemption from public records

  7         requirements for specified materials, actual

  8         and potential trade secrets, and information

  9         identifying donors to the institute; providing

10         for specified access to certain information by

11         governmental entities; creating an exemption

12         from public meetings requirements for meetings

13         of the not-for-profit corporation or a

14         subsidiary at which exempt records are

15         discussed; providing for future legislative

16         review and repeal; providing a statement of

17         public necessity; providing an effective date.

18  

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

20  

21         Section 1.  Florida Institute for Human and Machine

22  Cognition, Inc.; public records exemption; public meetings

23  exemption.--

24         (1)  The following information held by the Florida

25  Institute for Human and Machine Cognition, Inc., or an

26  authorized subsidiary of the corporation, is confidential and

27  exempt from Section 24, Article I of the State Constitution

28  and section 119.07(1), Florida Statutes:

29         (a)  Material relating to methods of manufacture or

30  production, potential trade secrets, patentable material,

31  actual trade secrets as defined in section 688.002, Florida

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    Florida Senate - 2004                            CS for SB 114
    304-1357-04




 1  Statutes, or proprietary information received, generated,

 2  ascertained, or discovered during the course of research

 3  conducted by or through the Florida Institute for Human and

 4  Machine Cognition, Inc., and its not-for-profit corporation

 5  and subsidiaries, and business transactions resulting from

 6  such research.

 7         (b)  Any information received by the corporation or a

 8  subsidiary from a person from another state or nation or the

 9  Federal Government which is otherwise confidential or exempt

10  pursuant to that state's or nation's laws or pursuant to

11  federal law.

12         (c)  Any information received by the corporation or a

13  subsidiary in the performance of its duties and

14  responsibilities which is otherwise confidential and exempt by

15  law.

16         (d)  All identifying information of a donor or

17  prospective donor to the corporation or a subsidiary who

18  wishes to remain anonymous.

19         (2)  The corporation or its subsidiary shall permit any

20  governmental entity to inspect or copy confidential or exempt

21  information held by the corporation or its subsidiary which is

22  necessary for that governmental entity to perform its duties

23  and responsibilities. Any governmental entity that is

24  permitted to inspect or copy confidential and exempt

25  information held by the corporation or a subsidiary shall

26  maintain the confidential and exempt status of that

27  information.

28         (3)  That portion of a meeting of the corporation, or a

29  subsidiary at which information is presented or discussed

30  which is confidential and exempt pursuant to subsection (1) is

31  

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    Florida Senate - 2004                            CS for SB 114
    304-1357-04




 1  exempt from Section 24(b), Article I of the State Constitution

 2  and section 286.011, Florida Statutes.

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

 4  Sunset Review Act of 1995 in accordance with section 119.15,

 5  Florida Statutes, and shall stand repealed on October 2, 2009,

 6  unless reviewed and saved from repeal through reenactment by

 7  the Legislature.

 8         Section 2.  The Legislature finds that it is a public

 9  necessity that certain records of the Florida Institute for

10  Human and Machine Cognition, Inc., or a subsidiary of the

11  corporation, which records contain proprietary confidential

12  business information be made confidential and exempt.

13  Materials that relate to methods of manufacture or production,

14  actual or potential trade secrets, patentable materials,

15  business transactions, or proprietary information received,

16  generated, ascertained, or discovered during the course of

17  research conducted by the corporation or a subsidiary of the

18  corporation must be confidential and exempt because the

19  disclosure of such information would create an unfair

20  competitive advantage for persons receiving such information,

21  which would adversely impact the corporation or its

22  subsidiaries. If such information regarding research in

23  progress were released pursuant to a request for public

24  records, others would be allowed to take the benefit of the

25  research without compensation or reimbursement to the

26  corporation. The Legislature further finds that information

27  received by the corporation or its subsidiaries from a person

28  in another state or nation or the Federal Government which is

29  otherwise confidential or exempt pursuant to the laws of that

30  state or nation or federal law should remain confidential or

31  exempt because the highly confidential nature of research

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    Florida Senate - 2004                            CS for SB 114
    304-1357-04




 1  necessitates that the corporation or its subsidiaries be

 2  authorized to maintain the status of confidential or exempt

 3  information it receives from the sponsors of research. Without

 4  the exemptions, the disclosure of confidential and exempt

 5  information would place the corporation in an unequal footing

 6  in the marketplace as compared with its private research

 7  competitors that are not required to disclose confidential and

 8  exempt information. The Legislature finds that the disclosure

 9  of such information would adversely impact the corporation or

10  a subsidiary from fulfilling the mission of research and

11  education. It is further a public necessity that the

12  institute, its not-for-profit corporation, and subsidiaries

13  have the same confidential protections for other information

14  received in the performance of its duties and obligations

15  which is confidential and exempt by law to put the institute

16  on an equal footing with other public research institutes and

17  ensure that the institute has similar opportunities for

18  success as its private research competitors. In addition, the

19  Legislature further finds that the identity of a donor or

20  prospective donor who wishes to remain anonymous should be

21  confidential and exempt from public disclosure in the same

22  manner provided to the direct-support organizations at the

23  state universities in section 1004.28(5), Florida Statutes.

24  This exemption is necessary because the disclosure of such

25  information may adversely impact the institute's ability to

26  receive donations from individuals who request anonymity. The

27  Legislature further finds that it is a public necessity that

28  portions of such meetings at which proprietary confidential

29  business information, including materials that relate to

30  methods of manufacture or production, actual or potential

31  trade secrets, patentable materials, business transactions, or

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    Florida Senate - 2004                            CS for SB 114
    304-1357-04




 1  proprietary information received, generated, ascertained, or

 2  discovered during the course of research, are being discussed

 3  are exempt under public meetings laws to allow the

 4  not-for-profit corporation and its subsidiaries to maintain

 5  the confidentiality of this information and prevent an unfair

 6  competitive advantage for the persons receiving this

 7  information.

 8         Section 3.  This act shall take effect July 1, 2004.

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10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                         Senate Bill 114

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