1 | A bill to be entitled |
2 | An act relating to public records and meetings; creating |
3 | s. 288.9629, F.S.; creating an exemption from public |
4 | records requirements for proprietary confidential business |
5 | information derived from state-supported research projects |
6 | held by the SURE Venture Capital Fund or the Institute for |
7 | the Commercialization of Public Research; providing an |
8 | exemption from public meetings requirements for portions |
9 | of meetings of the board of directors of the SURE Venture |
10 | Capital Fund at which confidential information is |
11 | presented or discussed; providing for future legislative |
12 | review and repeal; providing a statement of public |
13 | necessity; providing a contingent effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Section 288.9629, Florida Statutes, is created |
18 | to read: |
19 | 288.9629 Exemptions from public records and public |
20 | meetings requirements; SURE Venture Capital Fund and the |
21 | Institute for the Commercialization of Public Research.-- |
22 | (1) The following information held by the SURE Venture |
23 | Capital Fund or the Institute for the Commercialization of |
24 | Public Research is confidential and exempt from s. 24(a), Art. I |
25 | of the State Constitution and s. 119.07(1): |
26 | (a) Materials that relate to methods of manufacture or |
27 | production, potential trade secrets, patentable material, actual |
28 | trade secrets as defined in s. 688.002, or proprietary |
29 | information received, generated, ascertained, or discovered by |
30 | or through research projects conducted by universities and other |
31 | publicly supported organizations in this state and held by the |
32 | SURE Venture Capital Fund or the Institute for the |
33 | Commercialization of Public Research. |
34 | (b) Agreements and proposals to receive grants or funding, |
35 | including funding and grant applications; however, those |
36 | portions of such agreements and proposals, including grant |
37 | applications, which do not contain information made exempt by |
38 | paragraph (a) are not confidential and exempt upon issuance of |
39 | the report that is made after the conclusion of the project for |
40 | which funding was provided. |
41 | (c) Materials that relate to the identity of other |
42 | investors or potential investors in projects reviewed by the |
43 | fund. |
44 | (d) Any information received from a person or another |
45 | state or nation or the Federal Government which is otherwise |
46 | confidential or exempt under that state's or nation's laws or |
47 | under federal law. |
48 | (2) That portion of a meeting of the board of directors of |
49 | SURE Venture Capital Fund or a meeting of the Institute for the |
50 | Commercialization of Public Research at which information is |
51 | presented or discussed which is confidential and exempt under |
52 | subsection (1) is closed to the public and exempt from s. 24(b), |
53 | Art. I of the State Constitution and s. 286.011. |
54 | (3) Any records generated during those portions of the |
55 | board meetings which are closed to the public under subsection |
56 | (2), such as minutes, tape recordings, videotapes, |
57 | transcriptions, or notes, are confidential and exempt from s. |
58 | 24(a), Art. I of the State Constitution and s. 119.07(1). |
59 | (4) Public employees may inspect and copy records or |
60 | information that is made exempt and confidential under this |
61 | section exclusively for the performance of their public duties. |
62 | Public employees receiving this exempt and confidential |
63 | information must maintain the confidentiality of the |
64 | information. Any public employee receiving confidential |
65 | information who violates this subsection commits a misdemeanor |
66 | of the first degree, punishable as provided in s. 775.082 or s. |
67 | 775.083. |
68 | (5) At the time that any record or information made |
69 | confidential and exempt by this section, or portion thereof, is |
70 | legally available or subject to public disclosure for any other |
71 | reason, that record or information, or portion thereof, shall no |
72 | longer be confidential and exempt and shall be made available |
73 | for inspection and copying. |
74 | (6) This section is subject to the Open Government Sunset |
75 | Review Act in accordance with s. 119.15 and shall stand repealed |
76 | on October 2, 2012, unless reviewed and saved from repeal |
77 | through reenactment by the Legislature. |
78 | Section 2. The Legislature finds that it is a public |
79 | necessity that proprietary and confidential business information |
80 | held by the SURE Venture Capital Fund or the Institute for the |
81 | Commercialization of Public Research regarding certain funding |
82 | and coinvestment proposals and proprietary business information |
83 | of public universities or other state-supported entities be held |
84 | confidential and exempt from s. 119.07(1), Florida Statutes, and |
85 | s. 24(a), Art. I of the State Constitution. Disclosing |
86 | proprietary and confidential business information derived from |
87 | university or other research projects, including trade secrets |
88 | as defined in s. 688.002, Florida Statutes, would negatively |
89 | affect the ability of universities and certain other entities in |
90 | this state which conduct publicly funded research to use the |
91 | information gained from the research to generate investment |
92 | returns on viable products, and competitor partnerships could |
93 | gain an unfair competitive advantage if provided access to such |
94 | product information. The release of proprietary and confidential |
95 | business information, including trade secrets, could result in |
96 | inadequate returns and ultimately frustrate attainment of the |
97 | investment objective of the SURE Venture Capital Fund and the |
98 | Institute for the Commercialization of Public Research. In |
99 | finding that the public records exemption created by this act is |
100 | a public necessity, the Legislature finds that the public and |
101 | private harm in disclosing proprietary and confidential business |
102 | information relating to the state-supported research projects |
103 | significantly outweighs any public benefit derived from |
104 | disclosure; that the exemption created by this act will enhance |
105 | the ability of the SURE Venture Capital Fund and the Institute |
106 | for the Commercialization of Public Research to fulfill their |
107 | duty to support the commercialization of publicly funded |
108 | research products; and that the public's ability to be informed |
109 | regarding the state-supported research projects is preserved by |
110 | the disclosure of information excepted from the created |
111 | exemption. |
112 | Section 3. This act shall take effect July 1, 2007, if |
113 | House Bill 1521 or similar legislation is adopted in the same |
114 | legislative session or an extension thereof and becomes law. |