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A bill to be entitled

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An act relating to public records; amending s. 377.707,

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F.S.; providing an exemption from public records

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requirements for materials that relate to methods of

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manufacture or production, potential trade secrets,

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potentially patentable material, actual trade secrets,

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business transactions, financial and proprietary

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information, and agreements or proposals to receive

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funding that are received, generated, ascertained, or

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discovered by the Florida Advanced Combustion Center,

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Inc., including its affiliates or subsidiaries and

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partnership participants; providing for future legislative

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review and repeal of the exemption; providing a statement

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of public necessity; providing a contingent effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (8) of section 377.707, Florida

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Statutes, as created by HB ___, 2008 Regular Session, is

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renumbered as subsection (9), and a new subsection (8) is added

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to that section to read:

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     377.707  Florida Advanced Combustion Center, Inc.--

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     (8) PUBLIC-RECORDS EXEMPTION.--

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     (a) Materials that relate to methods of manufacture or

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production, potential trade secrets, potentially patentable

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material, actual trade secrets, business transactions, financial

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and proprietary information, and agreements or proposals to

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receive funding that are received, generated, ascertained, or

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discovered by the Florida Advanced Combustion Center, Inc.,

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including its affiliates or subsidiaries and partnership

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participants, such as private enterprises, educational

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institutions, and other organizations, are confidential and

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exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I

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of the State Constitution.

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     (b) This subsection is subject to the Open Government

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Sunset Review Act in accordance with s. 119.15 and shall stand

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repealed on October 2, 2013, unless reviewed and saved from

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repeal through reenactment by the Legislature.

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     Section 2. The Legislature finds that it is a public

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necessity that materials that relate to methods of manufacture or

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production, potential trade secrets, potentially patentable

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material, actual trade secrets, business transactions, financial

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and proprietary information, and agreements or proposals to

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receive funding that are received, generated, ascertained, or

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discovered by the Florida Advanced Combustion Center, Inc.,

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including its affiliates or subsidiaries and partnership

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participants, such as private enterprises, educational

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institutions, and other organizations, be held confidential and

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exempt from public records requirements. Technology

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commercialization and manufacturing programs must utilize

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materials that relate to methods of manufacture or production,

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potential trade secrets, potentially patentable material, actual

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trade secrets, business transactions, financial and proprietary

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information, and agreements or proposals to be effective. If

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competitors were privy to such information, they could take

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advantage of that information to the financial detriment of the

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corporation submitting the information or proposal, which would

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chill participation in programs of the Florida Advanced

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Combustion Energy Center, Inc., and impede the effectiveness of

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the corporation.

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     Section 3.  This act shall take effect on the same date that

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Senate Bill ___ or similar legislation takes effect, if such

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legislation is adopted in the same legislative session or an

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extension thereof and becomes law.