Senate Bill sb2416c1
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Florida Senate - 2007 CS for SB 2416
By the Committee on Governmental Operations; and Senator Ring
585-2550-07
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending s. 1004.226, F.S.; creating an
4 exemption from public-records requirements for
5 certain information held by the Florida
6 Technology, Research, and Scholarship Board;
7 creating an exemption from public-meetings
8 requirements for portions of meetings of the
9 board of directors of the Florida Technology,
10 Research, and Scholarship Board at which
11 confidential and exempt records are discussed;
12 providing exceptions to the exemption;
13 providing penalties; providing for future
14 legislative review and repeal; providing a
15 statement of public necessity; providing a
16 contingent effective date.
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18 Be It Enacted by the Legislature of the State of Florida:
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20 Section 1. Subsection (8) of section 1004.226, Florida
21 Statutes, as created by SB 2420, 2007 Regular Session, is
22 renumbered as subsection (9) and a new subsection (8) is added
23 to that section, to read:
24 1004.226 The 21st Century Technology, Research, and
25 Scholarship Enhancement Act.--
26 (8) EXEMPTIONS FROM PUBLIC-RECORDS AND PUBLIC-MEETINGS
27 REQUIREMENTS; STATE UNIVERSITY RESEARCH COMMERCIALIZATION
28 ASSISTANCE GRANT PROGRAM.--
29 (a) The following information held by the Florida
30 Technology, Research, and Scholarship Board, is confidential
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Florida Senate - 2007 CS for SB 2416
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1 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2 Constitution:
3 1. Materials that relate to methods of manufacture or
4 production, potential trade secrets, patentable material,
5 actual trade secrets as defined in s. 688.002, or proprietary
6 information received, generated, ascertained, or discovered by
7 or through the state universities' research projects submitted
8 for funding under the State University Research
9 Commercialization Assistance Grant Program.
10 2. Information that would identify an investor or
11 potential investor in projects reviewed by the Florida
12 Technology, Research, and Scholarship Board who desires to
13 remain anonymous.
14 3. Any information received from a person or another
15 state or nation or the federal government which is otherwise
16 confidential or exempt under the laws of that state or nation
17 or under federal law.
18 (b)1. That portion of a meeting of the Florida
19 Technology, Research, and Scholarship Board at which
20 information is discussed which is confidential and exempt
21 under paragraph (a) is exempt from s. 286.011 and s. 24(b),
22 Art. I of the State Constitution.
23 2. Any records generated during that portion of an
24 exempt meeting are confidential and exempt from s. 119.07(1)
25 and s. 24(a), Art. I of the State Constitution.
26 (c)1. Information made confidential and exempt
27 pursuant to this subsection may be released to a governmental
28 entity in the furtherance of its duties and responsibilities.
29 2. Any public officer or employee who willfully and
30 knowingly releases such confidential and exempt information in
31 violation of this subsection commits a misdemeanor of the
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Florida Senate - 2007 CS for SB 2416
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1 first degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 (d) This subsection is subject to the Open Government
4 Sunset Review Act in accordance with s. 119.15 and shall stand
5 repealed on October 2, 2012, unless reviewed and saved from
6 repeal through reenactment by the Legislature.
7 Section 2. The Legislature finds that it is a public
8 necessity that certain records held by the Florida Technology,
9 Research, and Scholarship Board be made confidential and
10 exempt under s. 119.07(1), Florida Statutes, and section
11 24(a), Article I of the State Constitution. Materials that
12 relate to methods of manufacture or production, actual or
13 potential trade secrets, patentable materials, or proprietary
14 information received, generated, ascertained, or discovered by
15 or through the state universities' research projects submitted
16 for funding under the State University Research
17 Commercialization Assistance Grant Program must be
18 confidential and exempt because the disclosure of such
19 information would create an unfair competitive advantage for
20 persons receiving such information. Disclosing proprietary
21 confidential business information derived from university
22 research projects, including trade secrets as defined in s.
23 688.002, Florida Statutes, would negatively affect the ability
24 of state universities that rely heavily on the information
25 gained from publicly funded research products to generate
26 investment returns, and competitor partnerships could gain an
27 unfair competitive advantage if provided access to such
28 information. The release of university-based proprietary
29 confidential business information could result in inadequate
30 returns and ultimately frustrate attainment of the investment
31 objective of the State University Research Commercialization
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Florida Senate - 2007 CS for SB 2416
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1 Assistance Grant Program. If such confidential and exempt
2 information regarding research in progress were released
3 pursuant to a public-records request, others would be allowed
4 to take the benefit of the research without compensation or
5 reimbursement. The Legislature further finds that information
6 received by the Florida Technology, Research, and Scholarship
7 Board from a person from another state or nation or the
8 Federal Government which is otherwise exempt or confidential
9 pursuant to the laws of that state or nation or pursuant to
10 federal law should remain exempt or confidential because the
11 highly confidential nature of research necessitates that it be
12 protected. Without the exemptions provided by this act, the
13 disclosure of confidential and exempt information would
14 jeopardize the effective and efficient administration of this
15 program. In addition, the Legislature further finds that the
16 identity of an investor or prospective investor who wishes to
17 remain anonymous should be confidential and exempt from public
18 disclosure. This exemption is necessary because the disclosure
19 of investor identities may adversely impact the ability of
20 state universities to attract investors who desire anonymity.
21 The Legislature further finds that it is a public necessity
22 that portions of meetings of the Florida Technology, Research,
23 and Scholarship Board at which information made confidential
24 and exempt by this act is discussed be made exempt from
25 public-meetings requirements in order to allow the Florida
26 Technology, Research, and Scholarship Board to maintain the
27 confidential and exempt status of this information.
28 Section 3. This act shall take effect July 1, 2007, if
29 Senate Bill 2420 or similar legislation is adopted in the same
30 legislative session or an extension thereof and becomes law.
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Florida Senate - 2007 CS for SB 2416
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2416
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4 Creates a public records and meeting exemption for information
held by the Florida Technology, Research, and Scholarship
5 Board.
6 Protects materials that relate to methods of manufacture or
production; potential and actual trade secrets; proprietary
7 information connected with state universities' research
projects submitted for funding under the State University
8 Research Commercialization Assistance Grant Program;
information that would identify an investor or potential
9 investor; and information that is protected under the laws of
another state, nation or the Federal Government.
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The bill also protects that portion of meetings at which such
11 information is discussed.
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