HB 1509

1	A bill to be entitled
2	An act relating to public records and public meetings
3	exemptions; creating s. 288.961, F.S.; providing an
4	exemption from public records requirements for proprietary
5	business information of the Florida Vaccine Research
6	Institute and the not-for-profit corporation established
7	to govern and manage the institute; providing an exemption
8	from public meetings requirements for meetings of the not-
9	for-profit corporation; providing for future review and
10	repeal; providing a statement of public necessity;
11	providing a contingent effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 288.961, Florida Statutes, is created
16	to read:
17	288.961  Proprietary business information of the Florida
18	Vaccine Research Institute and the not-for-profit corporation;
19	meetings of the governing board of the not-for-profit
20	corporation.--
21	(1)  Proprietary business information of the Florida
22	Vaccine Research Institute and the not-for-profit corporation
23	established in s. 288.960 is confidential and exempt from the
24	provisions of s. 119.07(1) and s. 24(a), Art. I of the State
25	Constitution; however, the Auditor General, the Office of
26	Program Policy Analysis and Government Accountability, and the
27	Florida Board of Governors, pursuant to their oversight and
28	auditing functions, must be given access to all proprietary
29	confidential business information upon request and without
30	subpoena and must maintain the confidentiality of information so
31	received. As used in this section, the term "proprietary
32	business information" means information, regardless of its form
33	or characteristics, which is owned or controlled by the
34	institute or the not-for-profit corporation or its subsidiaries;
35	is intended to be and is treated by the institute or not-for-
36	profit corporation or its subsidiaries as private and the
37	disclosure of which would harm the business operations of the
38	not-for-profit corporation or its subsidiaries; has not been
39	intentionally disclosed by the institute or corporation or its
40	subsidiaries unless pursuant to law, an order of a court or
41	administrative body, a legislative proceeding pursuant to s. 5,
42	Art. III of the State Constitution, or a private agreement that
43	provides that the information may be released to the public.
44	Such information concerns:
45	(a)  Internal auditing controls and reports of internal
46	auditors;
47	(b)  Matters reasonably encompassed in privileged attorney-
48	client communications;
49	(c)  Bids or other contractual data, banking records, and
50	credit agreements the disclosure of which would impair the
51	efforts of the not-for-profit corporation or its subsidiaries to
52	contract for goods or services on favorable terms;
53	(d)  Information relating to private contractual data, the
54	disclosure of which would impair the competitive interest of the
55	provider of the information;
56	(e)  Corporate officer and employee personnel information;
57	(f)  Information relating to the proceedings and records of
58	credentialing panels and committees and of the governing board
59	of the not-for-profit corporation or its subsidiaries relating
60	to credentialing;
61	(g)  Minutes of meetings of the governing board of the not-
62	for-profit corporation and its subsidiaries, except minutes of
63	meetings open to the public pursuant to s. 288.960(12);
64	(h)  Information that reveals plans for marketing services
65	that the corporation or its subsidiaries reasonably expect to be
66	provided by competitors;
67	(i)  Trade secrets as defined in s. 688.002, including
68	reimbursement methodologies or rates; or
69	(j)  The identity of donors or prospective donors of
70	property who wish to remain anonymous or any information
71	identifying such donors or prospective donors. The anonymity of
72	these donors or prospective donors must be maintained in the
73	auditor's report.
74	(2)  Meetings of the governing board of the not-for-profit
75	corporation and of the subsidiaries of the not-for-profit
76	corporation are exempt from s. 286.011 and s. 24(b), Art. I of
77	the State Constitution.
78	(3)  This section is subject to the Open Government Sunset
79	Review Act of 1995 in accordance with s. 119.15, and shall stand
80	repealed on October 2, 2010, unless reviewed and saved from
81	repeal through reenactment by the Legislature.
82	Section 2.  (1)  The Legislature finds that it is a public
83	necessity that information relating to methods of manufacture or
84	production, potential trade secrets, potentially patentable
85	materials, or proprietary information received, generated,
86	ascertained, or discovered during the course of research
87	conducted by the not-for-profit corporation organized solely for
88	the purpose of governing and operating the Florida Vaccine
89	Research Institute or its subsidiaries, and business
90	transactions resulting from such research, be held confidential
91	and exempt from public disclosure because the disclosure of such
92	information would adversely impact the not-for-profit
93	corporation or its subsidiaries and would create an unfair
94	competitive advantage for persons receiving such information. If
95	such confidential and exempt information regarding research in
96	progress were released pursuant to a public records request,
97	others would be allowed to take the benefit of the research
98	without compensation or reimbursement to the corporation or
99	institute. The Legislature further finds that information
100	received by the not-for-profit corporation or its subsidiaries
101	from a person in this or another state or nation or the Federal
102	Government which is otherwise exempt or confidential pursuant to
103	the laws of this or another state or nation or pursuant to
104	federal law should remain exempt or confidential because the
105	highly confidential nature of vaccine related research
106	necessitates that the not-for-profit corporation or its
107	subsidiaries be authorized to maintain the status of exempt or
108	confidential information it receives from the sponsors of
109	research. Without the exemptions provided for herein, the
110	disclosure of confidential and exempt information would place
111	the not-for-profit corporation on an unequal footing in the
112	marketplace as compared with its private health care and medical
113	research competitors who are not required to disclose such
114	confidential and exempt information. The Legislature finds that
115	the disclosure of such confidential and exempt information would
116	adversely impact the not-for-profit corporation or its
117	subsidiaries in fulfilling their mission of vaccine research and
118	production.
119	(2)  The Legislature finds that it is in the public
120	interest to enhance education and research, promote economic
121	development and diversity, explore novel approaches to vaccine
122	development, explore the uses of plant and animal cell culture
123	microbes, and develop a cleaner and faster approach to
124	production of flu vaccines and biodefense mechanisms, other
125	vaccines, and other related products. The Legislature also finds
126	that it is in the public interest to facilitate and oversee the
127	state goal and public purpose of providing expanded economic
128	development and diversity in the amount and prominence of
129	biomedical research conducted in this state, provide an
130	inducement for high-technology businesses and employees to
131	locate and stay in this state, create educational opportunities
132	through access to and partnerships with businesses, and promote
133	improved health care through the scientific outcomes of the
134	vaccine research. Research conducted in this state on these
135	subjects can make Florida a leader in new and innovative
136	technologies and encourage investment and economic development
137	within the state.
138	(3)  The Legislature finds that in order to achieve these
139	benefits, it is a public necessity that certain proprietary
140	business information owned or controlled by the Florida Vaccine
141	Research Institute and the not-for-profit corporation
142	established to govern and manage the institute be made
143	confidential and exempt from public disclosure. If information
144	relating to recruiting, proprietary business information, and
145	research information is not made confidential, businesses
146	participating in these activities will be put at a competitive
147	disadvantage. As a result, these businesses will not be willing
148	to participate in the recruitment and location process or to
149	share information on research needs, ongoing research, or
150	research results. The state will lose the benefits of the
151	economic development of businesses relocating to Florida, of
152	having advanced research into vaccines conducted in Florida, and
153	of being positioned to make maximum use of new developments in
154	vaccine production and distribution. The state university
155	research system will also lose the benefits of a coordinated
156	vaccine research program involving private companies. Finally,
157	because some donors wish to remain anonymous and will not make
158	donations if their identity is not protected, donor-identity
159	information must be made confidential.
160	(4)  It is likewise a public necessity that certain
161	meetings or portions of meetings of the governing board of the
162	institute be closed in order to protect the competitive interest
163	of the institute and the not-for-profit corporation and to
164	guarantee the ability of the governing board to fulfill its
165	vaccine research and education mission for the benefit of the
166	public. Furthermore, disclosing information made confidential
167	and exempt pursuant to the institute's public records exemption
168	via an open meeting defeats the purpose of the public records
169	exemption.
170	Section 3.  This act shall take effect July 1, 2005, only
171	if HB 1507 or similar legislation is enacted during the same
172	legislative session or an extension thereof and becomes a law.

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