Senate Bill sb2416
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Florida Senate - 2007 SB 2416
By Senator Ring
32-1878-07
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 288.9566, F.S.; creating an
4 exemption from public-records requirements for
5 proprietary confidential business information
6 relating to state university research projects
7 which is held by Sure Ventures
8 Commercialization, Inc.; providing for future
9 legislative review and repeal; providing a
10 statement of public necessity; providing a
11 contingent effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 288.9566, Florida Statutes, is
16 created to read:
17 288.9566 Exemptions from public-records and
18 public-meetings requirements; Sure Ventures Commercialization,
19 Inc.--
20 (1) The following information held by Sure Ventures
21 Commercialization, Inc., is confidential and exempt from s.
22 24, Art. I of the State Constitution and s. 119.07(1):
23 (a) Materials that relate to methods of manufacture or
24 production, potential trade secrets, patentable material,
25 actual trade secrets as defined in s. 688.002, or proprietary
26 information received, generated, ascertained, or discovered by
27 or through the state universities' research projects submitted
28 for funding under the Sure Ventures Commercialization Grant
29 Program.
30 (b) Agreements and proposals to receive funding,
31 including grant applications; however, those portions of such
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Florida Senate - 2007 SB 2416
32-1878-07
1 agreements and proposals, including grant applications, which
2 do not contain information made exempt by paragraph (a), are
3 not confidential and exempt upon issuance of the report that
4 is made after the conclusion of the project for which funding
5 was provided.
6 (c) Materials that relate to the identity of other
7 investors or potential investors in projects reviewed by the
8 corporation.
9 (d) Any information received from a person or another
10 state or nation or the federal government which is otherwise
11 confidential or exempt under that state's or nation's laws or
12 under federal law.
13 (2) That portion of a meeting of the board of
14 directors of Sure Ventures Commercialization, Inc., at which
15 information is presented or discussed which is confidential
16 and exempt under subsection (1) is closed to the public and
17 exempt from s. 24(b), Art. I of the State Constitution and s.
18 286.011.
19 (3) Any records generated during those portions of the
20 board meetings which are closed to the public under subsection
21 (2), such as minutes, tape recordings, videotapes,
22 transcriptions, or notes, are confidential and exempt from s.
23 24, Art. I of the State Constitution and s. 119.07(1).
24 (4) Public employees may inspect and copy records or
25 information that is made exempt and confidential under this
26 section exclusively for the performance of their public
27 duties. Public employees receiving this exempt and
28 confidential information must maintain the confidentiality of
29 the information. Any public employee receiving confidential
30 information who violates this subsection commits a misdemeanor
31
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Florida Senate - 2007 SB 2416
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1 of the first degree, punishable as provided by s. 775.082 or
2 s. 775.083.
3 (5) At the time that any record or information made
4 confidential and exempt by this section, or portion thereof,
5 is legally available or subject to public disclosure for any
6 other reason, that record or information, or portion thereof,
7 is no longer confidential and exempt and shall be made
8 available for inspection and copying.
9 (6) This section is subject to the Open Government
10 Sunset Review Act in accordance with s. 119.15 and shall stand
11 repealed on October 2, 2012, unless reviewed and saved from
12 repeal through reenactment by the Legislature.
13 Section 2. The Legislature finds that it is a public
14 necessity that proprietary, confidential business information
15 held by Sure Ventures Commercialization, Inc., regarding
16 certain funding proposals and proprietary business information
17 of public universities be held confidential and exempt from s.
18 119.07(1), Florida Statutes, and Section 24(a), Article I of
19 the State Constitution. Disclosing proprietary confidential
20 business information derived from university research
21 projects, including trade secrets as defined in s. 688.002,
22 Florida Statutes, would negatively affect the ability of
23 public universities that rely heavily on the information
24 gained from publicly funded research products to generate
25 investment returns, and competitor partnerships could gain an
26 unfair competitive advantage if provided access to such
27 information. The release of university-based proprietary
28 confidential business information, including trade secrets,
29 could result in inadequate returns and ultimately frustrate
30 attainment of the investment objective of the Sure Ventures
31 Commercialization Grant Program. In finding that the
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Florida Senate - 2007 SB 2416
32-1878-07
1 public-records exemption created by this act is a public
2 necessity, the Legislature finds that the public and private
3 harm in disclosing proprietary confidential business
4 information relating to university research projects
5 significantly outweighs any public benefit derived from
6 disclosure; that the exemption created by this act will
7 enhance the ability of the Sure Ventures Commercialization
8 Grant Program to fulfill its duty to support the
9 commercialization of publicly funded research products; and
10 that the public's ability to be informed regarding the
11 university's research projects funded by the grant program is
12 preserved by the disclosure of information excepted from the
13 created exemption.
14 Section 3. This act shall take effect July 1, 2007, if
15 Senate Bill or similar legislation is adopted in the same
16 legislative session or an extension thereof and becomes law.
17
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19 SENATE SUMMARY
20 Creates an exemption from public-records requirements for
proprietary confidential business information developed
21 by state university research and development projects and
held by Sure Ventures Commercialization, Inc. Creates an
22 exemption from open-meetings requirements for meetings at
which confidential proprietary business information is
23 discussed. Provides for future review and repeal.
Provides a statement of public necessity.
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