Florida Senate - 2024 SENATOR AMENDMENT Bill No. SB 7078 Ì412066#Î412066 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . 02/29/2024 10:20 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Harrell moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 37 - 116 4 and insert: 5 (j)1. As used in this paragraph, the term “proprietary 6 business information” means information that: 7 a. Is owned or controlled by the applicant; 8 b. Is intended to be private and is treated by the 9 applicant as private; 10 c. Has not been disclosed except as required by law or a 11 private agreement that provides that the information will not be 12 released to the public; 13 d. Is not readily available or ascertainable through proper 14 means from another source in the same configuration as received 15 by the collaborative; 16 e. Affects competitive interests, and the disclosure of 17 such information would impair the competitive advantage of the 18 applicant; and 19 f. Is explicitly identified or clearly marked as 20 proprietary business information. 21 2. Proprietary business information held by the department 22 or the collaborative is confidential and exempt from s. 23 119.07(1) and s. 24(a), Art. I of the State Constitution. This 24 exemption does not apply to information contained in final 25 recommendations of the collaborative. 26 3. Portions of a meeting of the collaborative during which 27 confidential and exempt proprietary business information is 28 discussed are exempt from s. 286.011 and s. 24(b), Art. I of the 29 State Constitution. The closed portion of a meeting must be 30 recorded, and the recording must be maintained by the 31 collaborative. The recording is confidential and exempt from s. 32 119.07(1) and s. 24(a), Art. I of the State Constitution. 33 4.a. Proprietary business information made confidential and 34 exempt under subparagraph 2. may be disclosed with the express 35 written consent of the applicant to whom the information 36 pertains, or the applicant’s legally authorized representative, 37 or pursuant to a court order upon a showing of good cause. 38 b. Recordings of those portions of exempt meetings which 39 are made confidential and exempt under subparagraph 3. may be 40 disclosed to the department or pursuant to a court order upon a 41 showing of good cause. 42 5. This paragraph is subject to the Open Government Sunset 43 Review Act in accordance with s. 119.15 and shall stand repealed 44 on October 2, 2029, unless reviewed and saved from repeal 45 through reenactment by the Legislature. 46 Section 2. (1) The Legislature finds that it is a public 47 necessity that proprietary business information held by the 48 Department of Health or the Cancer Connect Collaborative be made 49 confidential and exempt from s. 119.07(1), Florida Statutes, and 50 s. 24(a), Article I of the State Constitution. The Legislature 51 recognizes that the public disclosure of proprietary business 52 information could injure an applicant’s business interests and 53 research efforts and stifle scientific innovation. Maintaining 54 confidentiality is a hallmark of scientific peer review when 55 awarding research grants. The Legislature further finds that any 56 public benefit derived from the disclosure of such information 57 is significantly outweighed by the public and private harm that 58 could result from the disclosure of such proprietary business 59 information. Further, release of such information could impair 60 the effective and efficient administration of the grant program. 61 (2) The Legislature also finds that it is a public 62 necessity that the portions of meetings of the Cancer Connect 63 Collaborative during which confidential and exempt proprietary 64 business information is discussed be made exempt from s. 65 286.011, Florida Statutes, and s. 24(b), Article I of the State 66 Constitution. If such portions of meetings are not closed, the 67 public records exemption is negated. Furthermore, closing 68 meetings during such discussions allows for candid exchanges 69 among reviewers critiquing applications. The Legislature further 70 finds that closing access to the portions of meetings of the 71 collaborative during which proprietary business information of 72 grant applications is discussed serves a public good by ensuring 73 that decisions are based upon merit without bias or undue 74 influence. The Legislature also finds that it is a public 75 necessity that recordings of exempt portions of meetings be made 76 confidential and exempt from s. 119.07(1), Florida Statutes, and 77 s. 24(a), Art. I of the State Constitution, because release of 78 such recordings circumvents the protections afforded by the 79 public meeting exemption. 80 81 ================= T I T L E A M E N D M E N T ================ 82 And the title is amended as follows: 83 Delete line 15 84 and insert: 85 collaborative to maintain such recordings; providing 86 an exemption from public records requirements for such 87 recordings; authorizing