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SB 7078 — Public Records and Meetings/Cancer Research Grant Applications
by Fiscal Policy Committee and Senator Harrell
This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.
Prepared by: Fiscal Policy Committee (FP)
The bill, which is linked to SB 7072, creates a public records exemption for proprietary business information related to the receipt and review of research grant applications that is held by the Department of Health or the Cancer Connect Collaborative (collaborative). Proprietary business information is defined as information that:
- Is owned by or controlled by the applicant;
- Is intended to be private and is treated as private by the applicant as private;
- Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public;
- Is not readily available or ascertainable through proper means from another source in the same configuration as received by the collaborative;
- Affects competitive interests, and the disclosure of such information would impair the competitive advantage of the applicant; and
- Is explicitly identified or clearly marked as proprietary business information.
Proprietary business information is designated confidential and exempt, but may be disclosed under certain circumstances. The bill also exempts from the public meetings requirements, those portions of the collaborative’s meetings during which proprietary business information is discussed. The bill requires that closed meetings be recorded and disclosed under specific circumstances.
The exemptions are subject to the Open Government Sunset Review Act and will stand repealed on October 2, 2029, and unless reviewed and saved from repeal by the Legislature. The bill contains a statement of public necessity, as required by the Florida Constitution.
If approved by the Governor, or allowed to become law without the Governor's signature, these provisions take effect on the same date that SB 7072 or similar legislation takes effect, if such legislation is adopted in this legislative session and becomes a law.
Vote: Senate 38-0; House 114-0