Senate Bill sb0114c2

    Florida Senate - 2004                     CS for CS for SB 114

    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator Clary




    302-1743-04

  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 s. 1004.4472, F.S.; creating an

  7         exemption from public records requirements for

  8         specified materials, actual and potential trade

  9         secrets, and information identifying donors to

10         the institute; providing for specified access

11         to certain information by governmental

12         entities; creating an exemption from public

13         meetings requirements for meetings of the

14         not-for-profit corporation or a subsidiary at

15         which exempt records are discussed; providing

16         for future legislative review and repeal;

17         providing a statement of public necessity;

18         providing an effective date.

19  

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

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22         Section 1.  Section 1004.4472, Florida Statutes, is

23  created to read:

24         1004.4472  Florida Institute for Human and Machine

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

26  exemption.--

27         (1)  The following information held by the Florida

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

29  authorized subsidiary of the corporation, is confidential and

30  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

31  Constitution:

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    Florida Senate - 2004                     CS for CS for SB 114
    302-1743-04




 1         (a)  Material relating to methods of manufacture or

 2  production, potential trade secrets, patentable material,

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

 4  information received, generated, ascertained, or discovered

 5  during the course of research conducted by or through the

 6  Florida Institute for Human and Machine Cognition, Inc., and

 7  its subsidiaries, and business transactions resulting from

 8  such research.

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

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

11  Federal Government which is otherwise exempt or confidential

12  pursuant to the laws of that state or nation or pursuant to

13  federal law.

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

15  subsidiary in the performance of its duties and

16  responsibilities which is otherwise confidential and exempt by

17  law.

18         (d)  All identifying information of a donor or

19  prospective donor to the corporation or a subsidiary who

20  wishes to remain anonymous.

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

22  governmental entity to inspect or copy confidential and exempt

23  information held by the corporation or its subsidiary which is

24  necessary for that governmental entity to perform its duties

25  and responsibilities. Any governmental entity that is

26  permitted to inspect or copy confidential and exempt

27  information held by the corporation or a subsidiary shall

28  maintain the confidential and exempt status of that

29  information.

30         (3)  That portion of a meeting of the corporation or a

31  subsidiary at which information is presented or discussed

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    Florida Senate - 2004                     CS for CS for SB 114
    302-1743-04




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

 2  exempt from s. 286.011 and s. 24(b), Art. I of the State

 3  Constitution.

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

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

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

 7  saved from repeal through reenactment by 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 contain proprietary confidential business

12  information be made confidential and exempt. Materials

13  relating to methods of manufacture or production, actual or

14  potential trade secrets, patentable materials, or proprietary

15  information received, generated, ascertained, or discovered

16  during the course of research conducted by or through the

17  corporation or a subsidiary, and business transactions

18  relating from such research, must be confidential and exempt

19  because the disclosure of such information would create an

20  unfair competitive advantage for persons receiving such

21  information, which would adversely impact the corporation or

22  its subsidiaries. If such confidential and exempt information

23  regarding research in progress were released pursuant to a

24  public-records request, others would be allowed to take the

25  benefit of the research without compensation or reimbursement

26  to the corporation. The Legislature further finds that

27  information received by the corporation or its subsidiaries

28  from a person in another state or nation or the Federal

29  Government which is otherwise exempt or confidential pursuant

30  to the laws of that state or nation or pursuant to federal law

31  should remain exempt or confidential because the highly

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    Florida Senate - 2004                     CS for CS for SB 114
    302-1743-04




 1  confidential nature of research necessitates that the

 2  corporation or its subsidiaries be authorized to maintain the

 3  status of exempt or confidential information it receives from

 4  the sponsors of research. Without the exemptions provided for

 5  in this act, the disclosure of confidential and exempt

 6  information would place the corporation in an unequal footing

 7  in the marketplace as compared with its private research

 8  competitors that are not required to disclose confidential and

 9  exempt information. The Legislature finds that the disclosure

10  of such information would adversely impact the corporation's

11  or a subsidiary's ability to fulfill the mission of research

12  and education. It is further a public necessity that the

13  corporation and its subsidiaries have the same confidential

14  protections for other information received in the performance

15  of its duties and obligations which is confidential and exempt

16  by law in order to put the institute on an equal footing with

17  other public research institutes and to ensure that the

18  institute has similar opportunities for success as its private

19  research competitors. In addition, the Legislature further

20  finds that the identity of a donor or prospective donor who

21  wishes to remain anonymous should be confidential and exempt

22  from public disclosure in the same manner provided to the

23  direct-support organizations at the state universities in

24  section 1004.28(5), Florida Statutes. This exemption is

25  necessary because the disclosure of such confidential and

26  exempt information may adversely impact the institute's

27  ability to receive donations from individuals who request

28  anonymity. The Legislature further finds that it is a public

29  necessity that portions of such meetings of the corporation or

30  a subsidiary at which proprietary confidential business

31  information, including material that relates to methods of

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    Florida Senate - 2004                     CS for CS for SB 114
    302-1743-04




 1  manufacture or production, actual or potential trade secrets,

 2  patentable materials, proprietary information received,

 3  generated, ascertained, or discovered during the course of

 4  research, or business transactions resulting from research, is

 5  discussed be exempt from public meetings requirements to allow

 6  the corporation and its subsidiaries to maintain the

 7  confidential and exempt status of this information and to

 8  prevent an unfair competitive advantage for the persons

 9  receiving this information.

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

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12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                            CS/SB 114

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