HB 0951

1	A bill to be entitled
2	An act relating to exemptions from public records and
3	public meetings requirements for the Florida Institute for
4	Human and Machine Cognition, Inc.; creating s. 1004.4472,
5	F.S.; creating an exemption from public records
6	requirements for specified materials, actual and potential
7	trade secrets, patentable material, proprietary
8	information received, generated, ascertained, or
9	discovered during the course of research, business
10	transactions resulting from such research, information
11	received by the corporation or a subsidiary from a person
12	from another state or nation or the Federal Government
13	which is otherwise exempt or confidential, information
14	received by the corporation or a subsidiary which is
15	otherwise confidential and exempt, and identifying
16	information of a donor or prospective donor to the
17	corporation or a subsidiary; providing for specified
18	access to certain information by governmental entities;
19	creating an exemption from public meetings requirements
20	for portions of meetings of the corporation or a
21	subsidiary at which confidential and exempt records are
22	discussed; providing for future review and repeal;
23	providing a statement of public necessity; providing an
24	effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 1004.4472, Florida Statutes, is created
29	to read:
30	1004.4472  Florida Institute for Human and Machine
31	Cognition, Inc.; public records exemption; public meetings
32	exemption.--
33	(1)  The following information held by the Florida
34	Institute for Human and Machine Cognition, Inc., or an
35	authorized  subsidiary of the corporation, is confidential and
36	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
37	Constitution:
38	(a)  Material relating to methods of manufacture or
39	production, potential trade secrets, patentable material, actual
40	trade secrets as defined in s. 688.002 or proprietary
41	information received, generated, ascertained, or discovered
42	during the course of research conducted by or through the
43	Florida Institute for Human and Machine Cognition, Inc., and its
44	subsidiaries, and business transactions resulting from such
45	research.
46	(b)  Any information received by the corporation or a
47	subsidiary from a person from another state or nation or the
48	Federal Government which is otherwise exempt or confidential
49	pursuant to the laws of that state or nation or pursuant to
50	federal law.
51	(c)  Any information received by the corporation or a
52	subsidiary in the performance of its duties and responsibilities
53	which is otherwise confidential and exempt by law.
54	(d)  All identifying information of a donor or prospective
55	donor to the corporation or a subsidiary who wishes to remain
56	anonymous.
57	(2)  The corporation or its subsidiary shall permit any
58	governmental entity to inspect or copy confidential and exempt
59	information held by the corporation or its subsidiary which is
60	necessary for that governmental entity to perform its duties and
61	responsibilities. Any governmental entity that is permitted to
62	inspect or copy confidential and exempt information held by the
63	corporation or a subsidiary shall maintain the confidential and
64	exempt status of that information.
65	(3)  That portion of a meeting of the corporation or a
66	subsidiary at which information is presented or discussed which
67	is confidential and exempt pursuant to subsection (1) is exempt
68	from s. 286.011 and s. 24(b), Art. I of the State Constitution.
69	(4)  This section is subject to the Open Government Sunset
70	Review Act of 1995 in accordance with s. 119.15 and shall stand
71	repealed on October 2, 2009, unless reviewed and saved from
72	repeal through reenactment by the Legislature.
73	Section 2.  The Legislature finds that it is a public
74	necessity that certain records of the Florida Institute for
75	Human and Machine Cognition, Inc., or a subsidiary of the
76	corporation, that contain proprietary confidential business
77	information be made confidential and exempt. Material relating
78	to methods of manufacture or production, actual or potential
79	trade secrets, patentable materials, or proprietary information
80	received, generated, ascertained, or discovered during the
81	course of research conducted by or through the corporation or a
82	subsidiary, and business transactions resulting from such
83	research, must be confidential and exempt because the disclosure
84	of such information would create an unfair competitive advantage
85	for persons receiving such information, which would adversely
86	impact the corporation or its subsidiaries. If such confidential
87	and exempt information regarding research in progress were
88	released pursuant to a public records request, others would be
89	allowed to take the benefit of the research without compensation
90	or reimbursement to the corporation. The Legislature further
91	finds that information received by the corporation or its
92	subsidiaries from a person from another state or nation or the
93	Federal Government which is otherwise exempt or confidential
94	pursuant to the laws of that state or nation or pursuant to
95	federal law should remain exempt or confidential because the
96	highly confidential nature of research necessitates that the
97	corporation or its subsidiaries be authorized to maintain the
98	status of exempt or confidential information it receives from
99	the sponsors of research. Without the exemptions provided for in
100	this act, the disclosure of confidential and exempt information
101	would place the corporation in an unequal footing in the
102	marketplace as compared with its private research competitors
103	that are not required to disclose confidential and exempt
104	information. The Legislature finds that the disclosure of such
105	confidential and exempt information would adversely impact the
106	corporation's or subsidiary's ability to fulfill the mission of
107	research and education. It is further a public necessity that
108	the corporation and its subsidiaries have the same confidential
109	protections for other information received in the performance of
110	its duties and obligations which is confidential and exempt by
111	law in order to put the institute on an equal footing with other
112	public research institutes and to ensure that the institute has
113	similar opportunities for success as its private research
114	competitors. In addition, the Legislature further finds that the
115	identity of a donor or prospective donor who wishes to remain
116	anonymous should be confidential and exempt from public
117	disclosure in the same manner provided to the direct-support
118	organizations at the state universities in s. 1004.28(5),
119	Florida Statutes. This exemption is necessary because the
120	disclosure of such confidential and exempt information may
121	adversely impact the institute's ability to receive donations
122	from individuals who request anonymity. The Legislature further
123	finds that it is a public necessity that portions of meetings of
124	the corporation or a subsidiary at which proprietary
125	confidential business information, including material relating
126	to methods of manufacture or production, actual or potential
127	trade secrets, patentable materials, proprietary information
128	received, generated, ascertained, or discovered during the
129	course of research, or business transactions resulting from
130	research, is discussed are exempt from public meetings
131	requirements in order to allow the corporation and its
132	subsidiaries to maintain the confidential and exempt status of
133	this information and to prevent an unfair competitive advantage
134	for persons receiving this information.
135	Section 3.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.