Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2024
                        Barcode 612376
                            CHAMBER ACTION
              Senate                               House
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       04/18/2007 04:36 PM         .                    
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11  The Committee on Communications and Public Utilities (Bennett)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 1, line 29,
16         Delete everything after the enacting clause
17  
18  and insert:  
19         Section 1.  Exemptions from public-records and
20  public-meetings requirements; Florida Alternative Energy
21  Center.--
22         (1)  The following information held by the Florida
23  Alternative Energy Center is confidential and exempt from s.
24  119.07(1), Florida Statutes, and Section 24, Article I of the
25  State Constitution:
26         (a)  The identity of a business that may be recruited
27  and all negotiations to recruit a business to locate in
28  Florida. This information becomes a public record at the
29  conclusion or termination of the recruitment process and shall
30  be made available for inspection and copying at that time.
31         (b)  Proprietary business information obtained from a
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2024 Barcode 612376 1 business entity, the disclosure of which would injure the 2 business in the marketplace, and material relating to methods 3 of manufacture or production, potential trade secrets, 4 patentable material, actual trade secrets as defined in s. 5 668.002, Florida Statutes, or proprietary information 6 received, generated, ascertained, or discovered during the 7 course of research conducted by or through the corporation. 8 (c) The identity of a donor or potential donor who 9 requests to be anonymous. 10 (d) Information received from another person in this 11 state which would be confidential or exempt from disclosure 12 while in that person's possession or information received from 13 a person from another state or nation or the Federal 14 Government which is otherwise exempt or confidential pursuant 15 to the laws of that state or nation or pursuant to federal 16 law. 17 (2) That portion of a meeting of the board of 18 directors of the Florida Alternative Energy Center during 19 which information is presented or discussed which is 20 confidential and exempt from disclosure under subsection (1) 21 is closed to the public and exempt from s. 286.011, Florida 22 Statutes, and Section 24(b), Article I of the State 23 Constitution. 24 (3) Any records generated during that portion of any 25 board meeting which is closed to the public under subsection 26 (2), such as minutes, tape recordings, videotapes, 27 transcriptions, or notes, are confidential and exempt from s. 28 119.07(1), Florida Statutes, and Section 24, Article I of the 29 State Constitution. 30 (4) A public employee may inspect and copy records or 31 information that is made exempt and confidential under this 2 2:11 PM 04/17/07 s2024.cu21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2024 Barcode 612376 1 section exclusively in the performance of public duties. A 2 public employee who receives this exempt and confidential 3 information must maintain the confidentiality of the 4 information. Any public employee receiving confidential 5 information who knowingly and willfully violates this 6 subsection commits a misdemeanor of the first degree, 7 punishable as provided by s. 775.082 or s. 775.083, Florida 8 Statutes. 9 (5) This section is subject to the Open Government 10 Sunset Review Act in accordance with s. 119.15, Florida 11 Statutes, and shall stand repealed on October 2, 2012, unless 12 reviewed and saved from repeal through reenactment by the 13 Legislature. 14 Section 2. (1) The Legislature finds that it is in 15 the public interest to promote, in this state, research on and 16 the use of renewable energy resources, energy conservation, 17 distributed generation, advanced transmission methods, and 18 pollution control. Both Florida and the United States in 19 general are overly dependent upon foreign oil. Renewable 20 electric resources and energy conservation have the potential 21 to decrease this dependency, minimize the volatility of fuel 22 costs, and improve environmental conditions. Distributed 23 generation and enhancements to the transmission of electricity 24 have the potential to make the supply of electricity more 25 secure and decrease the likelihood and severity of blackouts. 26 Research conducted in this state on these subjects can make 27 Florida a leader in new and innovative technologies and 28 encourage investment and economic development within the 29 state. 30 (2) The Legislature finds that in order to achieve 31 these benefits, it is a public necessity that certain records 3 2:11 PM 04/17/07 s2024.cu21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2024 Barcode 612376 1 held by the Florida Alternative Energy Center be made 2 confidential and exempt from public disclosure. If information 3 relating to recruiting, proprietary business information, and 4 research information is not made confidential, businesses 5 participating in these activities will be put at a competitive 6 disadvantage. As a result, these businesses will not be 7 willing to participate in the recruitment and location process 8 or to share information on research needs, ongoing research, 9 or research results. The state will lose the benefits of the 10 economic development of businesses relocating to Florida, of 11 having advanced research into alternative energy conducted in 12 Florida, and of being positioned to make maximum use of new 13 developments in alternative energy. The state university 14 research system will also lose the benefits of a coordinated 15 alternative energy research program involving private 16 companies. Finally, because some donors wish to remain 17 anonymous and will not make donations if their identity is not 18 protected, donor-identity information must be made 19 confidential. 20 Section 3. This act shall take effect on the same date 21 that Senate Bill 996 or similar legislation takes effect, if 22 such legislation is enacted in the same legislative session, 23 or an extension thereof, and becomes law. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, line 1, 29 Delete everything before the enacting clause 30 31 and insert: 4 2:11 PM 04/17/07 s2024.cu21.00a
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 2024 Barcode 612376 1 An act relating to public records and meetings; 2 creating an exemption from public records and 3 public meetings requirements for certain 4 information held by the Florida Alternative 5 Energy Center; exempting specified information 6 relating to the recruitment of a business to 7 locate in Florida and proprietary business 8 information from public records requirements; 9 exempting the identity of donors or potential 10 donors from public records requirements; 11 creating an exemption from disclosure for 12 information that is confidential while in the 13 possession of the person providing it; creating 14 an exemption from public meetings requirements 15 for meetings of the governing board of 16 directors of the Florida Alternative Energy 17 Center at which confidential records are 18 presented or discussed; authorizing access to 19 exempt or confidential information under 20 specified circumstances; providing a penalty; 21 providing for future legislative review and 22 repeal; providing a statement of public 23 necessity; providing a contingent effective 24 date. 25 26 27 28 29 30 31 5 2:11 PM 04/17/07 s2024.cu21.00a