Senate Bill sb2024c1
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Florida Senate - 2007 CS for SB 2024
By the Committee on Communications and Public Utilities; and
Senator Bennett
579-2523-07
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating an exemption from public records and
4 public meetings requirements for certain
5 information held by the Florida Alternative
6 Energy Center; exempting specified information
7 relating to the recruitment of a business to
8 locate in Florida and proprietary business
9 information from public records requirements;
10 exempting the identity of donors or potential
11 donors from public records requirements;
12 creating an exemption from disclosure for
13 information that is confidential while in the
14 possession of the person providing it; creating
15 an exemption from public meetings requirements
16 for meetings of the governing board of
17 directors of the Florida Alternative Energy
18 Center at which confidential records are
19 presented or discussed; authorizing access to
20 exempt or confidential information under
21 specified circumstances; providing a penalty;
22 providing for future legislative review and
23 repeal; providing a statement of public
24 necessity; providing a contingent effective
25 date.
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27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Exemptions from public-records and
30 public-meetings requirements; Florida Alternative Energy
31 Center.--
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Florida Senate - 2007 CS for SB 2024
579-2523-07
1 (1) The following information held by the Florida
2 Alternative Energy Center is confidential and exempt from s.
3 119.07(1), Florida Statutes, and Section 24, Article I of the
4 State Constitution:
5 (a) The identity of a business that may be recruited
6 and all negotiations to recruit a business to locate in
7 Florida. This information becomes a public record at the
8 conclusion or termination of the recruitment process and shall
9 be made available for inspection and copying at that time.
10 (b) Proprietary business information obtained from a
11 business entity, the disclosure of which would injure the
12 business in the marketplace, and material relating to methods
13 of manufacture or production, potential trade secrets,
14 patentable material, actual trade secrets as defined in s.
15 668.002, Florida Statutes, or proprietary information
16 received, generated, ascertained, or discovered during the
17 course of research conducted by or through the corporation.
18 (c) The identity of a donor or potential donor who
19 requests to be anonymous.
20 (d) Information received from another person in this
21 state which would be confidential or exempt from disclosure
22 while in that person's possession or information received from
23 a person from another state or nation or the Federal
24 Government which is otherwise exempt or confidential pursuant
25 to the laws of that state or nation or pursuant to federal
26 law.
27 (2) That portion of a meeting of the board of
28 directors of the Florida Alternative Energy Center during
29 which information is presented or discussed which is
30 confidential and exempt from disclosure under subsection (1)
31 is closed to the public and exempt from s. 286.011, Florida
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Florida Senate - 2007 CS for SB 2024
579-2523-07
1 Statutes, and Section 24(b), Article I of the State
2 Constitution.
3 (3) Any records generated during that portion of any
4 board meeting which is closed to the public under subsection
5 (2), such as minutes, tape recordings, videotapes,
6 transcriptions, or notes, are confidential and exempt from s.
7 119.07(1), Florida Statutes, and Section 24, Article I of the
8 State Constitution.
9 (4) A public employee may inspect and copy records or
10 information that is made exempt and confidential under this
11 section exclusively in the performance of public duties. A
12 public employee who receives this exempt and confidential
13 information must maintain the confidentiality of the
14 information. Any public employee receiving confidential
15 information who knowingly and willfully violates this
16 subsection commits a misdemeanor of the first degree,
17 punishable as provided by s. 775.082 or s. 775.083, Florida
18 Statutes.
19 (5) This section is subject to the Open Government
20 Sunset Review Act in accordance with s. 119.15, Florida
21 Statutes, and shall stand repealed on October 2, 2012, unless
22 reviewed and saved from repeal through reenactment by the
23 Legislature.
24 Section 2. (1) The Legislature finds that it is in
25 the public interest to promote, in this state, research on and
26 the use of renewable energy resources, energy conservation,
27 distributed generation, advanced transmission methods, and
28 pollution control. Both Florida and the United States in
29 general are overly dependent upon foreign oil. Renewable
30 electric resources and energy conservation have the potential
31 to decrease this dependency, minimize the volatility of fuel
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Florida Senate - 2007 CS for SB 2024
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1 costs, and improve environmental conditions. Distributed
2 generation and enhancements to the transmission of electricity
3 have the potential to make the supply of electricity more
4 secure and decrease the likelihood and severity of blackouts.
5 Research conducted in this state on these subjects can make
6 Florida a leader in new and innovative technologies and
7 encourage investment and economic development within the
8 state.
9 (2) The Legislature finds that in order to achieve
10 these benefits, it is a public necessity that certain records
11 held by the Florida Alternative Energy Center be made
12 confidential and exempt from public disclosure. If information
13 relating to recruiting, proprietary business information, and
14 research information is not made confidential, businesses
15 participating in these activities will be put at a competitive
16 disadvantage. As a result, these businesses will not be
17 willing to participate in the recruitment and location process
18 or to share information on research needs, ongoing research,
19 or research results. The state will lose the benefits of the
20 economic development of businesses relocating to Florida, of
21 having advanced research into alternative energy conducted in
22 Florida, and of being positioned to make maximum use of new
23 developments in alternative energy. The state university
24 research system will also lose the benefits of a coordinated
25 alternative energy research program involving private
26 companies. Finally, because some donors wish to remain
27 anonymous and will not make donations if their identity is not
28 protected, donor-identity information must be made
29 confidential.
30 Section 3. This act shall take effect on the same date
31 that Senate Bill 996 or similar legislation takes effect, if
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Florida Senate - 2007 CS for SB 2024
579-2523-07
1 such legislation is enacted in the same legislative session,
2 or an extension thereof, and becomes law.
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4 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
5 Senate Bill 2024
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7 Committee Substitute for Senate Bill 2024 changes the name of
the alternative-energy-development entity and specifies that
8 the bill is tied to SB 996.
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