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
    579-2523-07




 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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