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A bill to be entitled

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An act relating to public records and meetings; creating

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an exemption from public-records and public-meetings

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requirements for certain information held by the Florida

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Alternative Energy Center; exempting specified information

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relating to the recruitment of a business to locate in

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Florida and proprietary business information from public-

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records requirements; exempting the identity of donors or

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potential donors from public-records requirements;

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creating an exemption from disclosure for information that

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is confidential while in the possession of the person

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providing it; creating an exemption from public-meetings

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requirements for meetings of the governing board of

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directors of the Florida Alternative Energy Center at

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which confidential records are presented or discussed;

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authorizing access to exempt or confidential information

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under specified circumstances; providing a penalty;

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providing for future legislative review and repeal under

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the Open Government Sunset Review Act; providing a

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statement of public necessity; providing a contingent

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effective date.

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

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     Section 1. Exemptions from public-records and public-

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meetings requirements; Florida Alternative Energy Center.--

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     (1) The following information held by the Florida

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Alternative Energy Center is confidential and exempt from s.

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119.07(1), Florida Statutes, and Section 24, Article I of the

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State Constitution:

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     (a) The identity of a business that may be recruited and

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all negotiations to recruit a business to locate in this state.

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This information becomes a public record at the conclusion or

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termination of the recruitment process and shall be made

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available for inspection and copying at that time.

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     (b) Proprietary business information obtained from a

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business entity, the disclosure of which would injure the

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business in the marketplace, and material relating to methods of

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manufacture or production, potential trade secrets, patentable

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material, actual trade secrets as defined in s. 668.002, Florida

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Statutes, or proprietary information received, generated,

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ascertained, or discovered during the course of research

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conducted by or through the corporation.

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     (c) The identity of a donor or potential donor who requests

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to be anonymous.

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     (d) Information received from another person in this state

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which would be confidential or exempt from disclosure while in

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that person's possession or information received from a person

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from another state or nation or the Federal Government which is

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otherwise exempt or confidential pursuant to the laws of that

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state or nation or pursuant to federal law.

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     (2) That portion of a meeting of the board of directors of

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the Florida Alternative Energy Center during which information is

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presented or discussed which is confidential and exempt from

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disclosure under subsection (1) is closed to the public and

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exempt from s. 286.011, Florida Statutes, and Section 24(b),

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Article I of the State Constitution.

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     (3) Any records generated during that portion of any board

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meeting which is closed to the public under subsection (2), such

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as minutes, tape recordings, videotapes, transcriptions, or

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notes, are confidential and exempt from s. 119.07(1), Florida

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Statutes, and Section 24, Article I of the State Constitution.

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     (4) A public employee may inspect and copy records or

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information that is made exempt and confidential under this

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section exclusively in the performance of public duties. A public

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employee who receives this exempt and confidential information

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must maintain the confidentiality of the information. Any public

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employee receiving confidential information who knowingly and

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willfully violates this subsection commits a misdemeanor of the

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first degree, punishable as provided by s. 775.082 or s. 775.083,

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Florida Statutes.

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     (5) This section is subject to the Open Government Sunset

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Review Act in accordance with s. 119.15, Florida Statutes, and

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shall stand repealed on October 2, 2013, unless reviewed and

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saved from repeal through reenactment by the Legislature.

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     Section 2. (1) The Legislature finds that it is in the

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public interest to promote in this state research on and the use

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of renewable energy resources, energy conservation, distributed

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generation, advanced transmission methods, and pollution control.

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Both Florida and the United States in general are overly

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dependent upon foreign oil. Renewable electric resources and

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energy conservation have the potential to decrease this

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dependency, minimize the volatility of fuel costs, and improve

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environmental conditions. Distributed generation and enhancements

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to the transmission of electricity have the potential to make the

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supply of electricity more secure and decrease the likelihood and

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severity of blackouts. Research conducted in this state on these

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subjects can make Florida a leader in new and innovative

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technologies and encourage investment and economic development

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within the state.

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     (2) The Legislature finds that in order to achieve these

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benefits, it is a public necessity that certain records held by

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the Florida Alternative Energy Center be made confidential and

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exempt from public disclosure. If information relating to

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recruiting, proprietary business information, and research

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information is not made confidential, businesses participating in

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these activities will be put at a competitive disadvantage. As a

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result, these businesses will not be willing to participate in

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the recruitment and location process or to share information

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concerning research needs, ongoing research, or research results.

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The state will lose the benefits of the economic development of

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businesses relocating to Florida, of having advanced research

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into alternative energy conducted in Florida, and of being in the

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position to make maximum use of new developments in alternative

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energy. The state university research system will also lose the

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benefits of a coordinated alternative energy research program

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involving private companies. Finally, because some donors wish to

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remain anonymous and will not make donations if their identity is

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not protected, donor-identity information must be made

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confidential.

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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 enacted in the same legislative session, or an

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extension thereof, and becomes law.