Florida Senate - 2009                             CS for SB 2032
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Commerce
       
       
       
       585-05756-09                                          20092032c1
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act regarding Scripps Florida Funding
    4         Corporation; amending s. 288.955, F.S.; clarifying the
    5         definition of “grantee”; amending s. 288.9551, F.S.;
    6         narrowing the public-records exemption for specified
    7         information held by the Scripps Florida Funding
    8         Corporation and the public-meetings exemption for
    9         portions of meetings of the board of directors of the
   10         corporation at which confidential and exempt
   11         information is discussed; removing the application of
   12         the exemptions with respect to the Office of Tourism,
   13         Trade, and Economic Development; reorganizing and
   14         conforming provisions; making editorial changes and
   15         removing superfluous provisions; providing a penalty;
   16         delaying the scheduled repeal of the exemption;
   17         providing an effective date.
   18  
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraph (c) of subsection (1) of section
   22  288.955, Florida Statutes, is amended to read:
   23         288.955 Scripps Florida Funding Corporation.—
   24         (1) DEFINITIONS.—As used in this section, the term:
   25         (c) “Grantee” means The Scripps Research Institute, a not
   26  for-profit public benefit corporation, or a division,
   27  subsidiary, affiliate, or entity formed by The Scripps Research
   28  Institute to establish a state-of-the-art biomedical research
   29  institution and campus in this state. The grantee is neither an
   30  agency nor an entity acting on behalf of an agency for purposes
   31  of chapter 119 and s. 286.011.
   32         Section 2. Section 288.9551, Florida Statutes, is amended
   33  to read:
   34         288.9551 Exemptions from public records and meetings
   35  requirements; Scripps Florida Funding Corporation, The Scripps
   36  Research Institute or grantee, and the Office of Tourism, Trade,
   37  and Economic Development.—
   38         (1) As used in this section, the term “grantee” has the
   39  same meaning ascribed in s. 288.955.
   40         (2) The following information held by the Scripps Florida
   41  Funding Corporation or the Office of Tourism, Trade, and
   42  Economic Development under s. 288.955 is confidential and exempt
   43  from s. 119.07(1) and s. 24(a) s. 24, Art. I of the State
   44  Constitution and s. 119.07(1):
   45         (a) Materials that relate to methods of manufacture or
   46  production, potential trade secrets, patentable material, actual
   47  trade secrets as defined in s. 688.002, or proprietary
   48  information received, generated, ascertained, or discovered by
   49  or through the grantee or The Scripps Research Institute.
   50         (b) Agreements and proposals to receive funding, including
   51  grant applications; however, those portions of such agreements
   52  and proposals to receive funding, including grant applications,
   53  which that do not contain information made confidential and
   54  exempt by paragraph (a) of this subsection, shall not be
   55  confidential and exempt upon issuance of the report that is made
   56  after the conclusion of the project for which funding was
   57  provided. The exemption created in this paragraph specifically
   58  excludes any agreement by the Scripps Florida Funding
   59  Corporation to release funds to the Scripps Research Institute
   60  or grantee.
   61         (c) Materials that relate to the recruitment of scientists
   62  and researchers.; and
   63         (d) The identity of donors or potential donors to the
   64  grantee who wish to remain anonymous.
   65         (e)(d)Any Information received from a person from or
   66  another state or nation or the Federal Government which is
   67  otherwise confidential or exempt pursuant to the laws of that
   68  state state’s or nation nation’s laws or pursuant to federal
   69  law.
   70         (f)(e) Personal identifying information of individuals who
   71  participate in human trials or experiments.
   72         (g)(f)Any Medical or health records relating to
   73  participants in clinical trials.
   74         (3)(a) That portion of a meeting of the board of directors
   75  of the Scripps Florida Funding Corporation or the Office of
   76  Tourism, Trade, and Economic Development at which information is
   77  presented or discussed which is confidential and exempt under
   78  subsection (2) is closed to the public and exempt from s.
   79  286.011 and s. 24(b), Art. I of the State Constitution and s.
   80  286.011.
   81         (b)(4) Any records generated during any portion of an
   82  exempt meeting those portions of the board meetings which are
   83  closed to the public under subsection (3), such as minutes, tape
   84  recordings, videotapes, transcriptions, or notes are
   85  confidential and exempt from s. 119.07(1) and s. 24(a) s. 24,
   86  Art. I of the State Constitution and s. 119.07(1).
   87         (4)(5) Public employees shall be permitted to inspect and
   88  copy records or information that is made confidential and exempt
   89  and confidential under this section exclusively for the
   90  performance of their public duties. Public employees receiving
   91  this exempt and confidential information must maintain the
   92  confidentiality of the information. Any such public employee
   93  receiving confidential information who violates this subsection
   94  commits a misdemeanor of the first degree, punishable as
   95  provided by s. 775.082 or s. 775.083.
   96         (5)Any person who willfully and knowingly violates the
   97  provisions of this section commits a misdemeanor of the second
   98  degree, punishable as provided in s. 775.082 or s. 775.083.
   99         (6)The Scripps Research Institute or grantee as defined in
  100  s. 288.955, is a private, not-for-profit entity and as such is
  101  not subject to chapter 119 or s. 286.011. If a court nonetheless
  102  determines that The Scripps Research Institute or grantee is
  103  acting on behalf of an agency, by virtue of its contract under
  104  s. 288.955, or otherwise, such that it is subject to s. 24, Art.
  105  I of the State Constitution and ss. 119.07(1) and 286.011, the
  106  exemptions from the public records and meetings requirements
  107  provided by this section shall apply equally to the same records
  108  and meetings when held by The Scripps Research Institute or
  109  grantee.
  110         (7)At the time that any record or information made
  111  confidential and exempt by this section, or portion thereof, is
  112  legally available or subject to public disclosure for any other
  113  reason, that record or information, or portion thereof, shall no
  114  longer be confidential and exempt and shall be made available
  115  for inspection and copying.
  116         (6)(8) This section is subject to the Open Government
  117  Sunset Review Act in accordance with s. 119.15 and shall stand
  118  repealed on October 2, 2014 2009, unless reviewed and saved from
  119  repeal through reenactment by the Legislature.
  120         Section 3. This act shall take effect October 1, 2009.