HB 1527

1
A bill to be entitled
2An act relating to public records and meetings; creating
3s. 288.9629, F.S.; creating an exemption from public
4records requirements for proprietary confidential business
5information derived from state-supported research projects
6held by the SURE Venture Capital Fund or the Institute for
7the Commercialization of Public Research; providing an
8exemption from public meetings requirements for portions
9of meetings of the board of directors of the SURE Venture
10Capital Fund at which confidential information is
11presented or discussed; providing for future legislative
12review and repeal; providing a statement of public
13necessity; providing a contingent effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 288.9629, Florida Statutes, is created
18to read:
19     288.9629  Exemptions from public records and public
20meetings requirements; SURE Venture Capital Fund and the
21Institute for the Commercialization of Public Research.--
22     (1)  The following information held by the SURE Venture
23Capital Fund or the Institute for the Commercialization of
24Public Research is confidential and exempt from s. 24(a), Art. I
25of the State Constitution and s. 119.07(1):
26     (a)  Materials that relate to methods of manufacture or
27production, potential trade secrets, patentable material, actual
28trade secrets as defined in s. 688.002, or proprietary
29information received, generated, ascertained, or discovered by
30or through research projects conducted by universities and other
31publicly supported organizations in this state and held by the
32SURE Venture Capital Fund or the Institute for the
33Commercialization of Public Research.
34     (b)  Agreements and proposals to receive grants or funding,
35including funding and grant applications; however, those
36portions of such agreements and proposals, including grant
37applications, which do not contain information made exempt by
38paragraph (a) are not confidential and exempt upon issuance of
39the report that is made after the conclusion of the project for
40which funding was provided.
41     (c)  Materials that relate to the identity of other
42investors or potential investors in projects reviewed by the
43fund.
44     (d)  Any information received from a person or another
45state or nation or the Federal Government which is otherwise
46confidential or exempt under that state's or nation's laws or
47under federal law.
48     (2)  That portion of a meeting of the board of directors of
49SURE Venture Capital Fund or a meeting of the Institute for the
50Commercialization of Public Research at which information is
51presented or discussed which is confidential and exempt under
52subsection (1) is closed to the public and exempt from s. 24(b),
53Art. I of the State Constitution and s. 286.011.
54     (3)  Any records generated during those portions of the
55board meetings which are closed to the public under subsection
56(2), such as minutes, tape recordings, videotapes,
57transcriptions, or notes, are confidential and exempt from s.
5824(a), Art. I of the State Constitution and s. 119.07(1).
59     (4)  Public employees may inspect and copy records or
60information that is made exempt and confidential under this
61section exclusively for the performance of their public duties.
62Public employees receiving this exempt and confidential
63information must maintain the confidentiality of the
64information. Any public employee receiving confidential
65information who violates this subsection commits a misdemeanor
66of the first degree, punishable as provided in s. 775.082 or s.
67775.083.
68     (5)  At the time that any record or information made
69confidential and exempt by this section, or portion thereof, is
70legally available or subject to public disclosure for any other
71reason, that record or information, or portion thereof, shall no
72longer be confidential and exempt and shall be made available
73for inspection and copying.
74     (6)  This section is subject to the Open Government Sunset
75Review Act in accordance with s. 119.15 and shall stand repealed
76on October 2, 2012, unless reviewed and saved from repeal
77through reenactment by the Legislature.
78     Section 2.  The Legislature finds that it is a public
79necessity that proprietary and confidential business information
80held by the SURE Venture Capital Fund or the Institute for the
81Commercialization of Public Research regarding certain funding
82and coinvestment proposals and proprietary business information
83of public universities or other state-supported entities be held
84confidential and exempt from s. 119.07(1), Florida Statutes, and
85s. 24(a), Art. I of the State Constitution. Disclosing
86proprietary and confidential business information derived from
87university or other research projects, including trade secrets
88as defined in s. 688.002, Florida Statutes, would negatively
89affect the ability of universities and certain other entities in
90this state which conduct publicly funded research to use the
91information gained from the research to generate investment
92returns on viable products, and competitor partnerships could
93gain an unfair competitive advantage if provided access to such
94product information. The release of proprietary and confidential
95business information, including trade secrets, could result in
96inadequate returns and ultimately frustrate attainment of the
97investment objective of the SURE Venture Capital Fund and the
98Institute for the Commercialization of Public Research. In
99finding that the public records exemption created by this act is
100a public necessity, the Legislature finds that the public and
101private harm in disclosing proprietary and confidential business
102information relating to the state-supported research projects
103significantly outweighs any public benefit derived from
104disclosure; that the exemption created by this act will enhance
105the ability of the SURE Venture Capital Fund and the Institute
106for the Commercialization of Public Research to fulfill their
107duty to support the commercialization of publicly funded
108research products; and that the public's ability to be informed
109regarding the state-supported research projects is preserved by
110the disclosure of information excepted from the created
111exemption.
112     Section 3.  This act shall take effect July 1, 2007, if
113House Bill 1521 or similar legislation is adopted in the same
114legislative session or an extension thereof and becomes law.


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