Senate Bill sb1088c1

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    Florida Senate - 2003                           CS for SB 1088

    By the Committee on Military and Veterans' Affairs, Base
    Protection, and Spaceports; and Senator Fasano




    301-2070-03

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating s. 331.421, F.S., relating to

  4         exemptions from public-records requirements and

  5         public-meetings requirements for the Florida

  6         Commercial Space Finance Corporation;

  7         clarifying that the corporation is subject to

  8         the provisions of ss. 288.075 and 331.326,

  9         F.S., which provide for the confidentiality of

10         certain information; providing that certain

11         closed meetings of the corporation's board of

12         directors are confidential and exempt from

13         public-meetings requirements; providing that

14         records generated during closed meetings are

15         confidential and exempt from disclosure;

16         providing an effective date.

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

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20         Section 1.  Section 331.421, Florida Statutes, is

21  created to read:

22         331.421  Confidential information.--

23         (1)  The Legislature has determined that, as this

24  corporation is an investment and financing organization,

25  protecting the confidential information of the corporation,

26  its applicants, and clients is a public necessity critical to

27  expanding and supporting the aerospace industry in Florida.

28  Therefore, in addition to the protections afforded the records

29  of the corporation under s. 288.075, and in accordance with s.

30  331.326, which section is hereby deemed to also apply to the

31  corporation, any meeting or portion of a meeting of the

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    Florida Senate - 2003                           CS for SB 1088
    301-2070-03




 1  corporation's board of directors is exempt from the provisions

 2  of s. 286.011 and s. 24(b), Art. I of the State Constitution

 3  when the board is discussing methods of manufacture or

 4  production, potential trade secrets, potentially patentable

 5  material, actual trade secrets, actual patented material,

 6  proprietary information, business transactions, financial and

 7  proprietary information, and agreements or proposals to

 8  receive funding, which discussions relate to applications or

 9  clients of the corporation, or which relate to the

10  corporation, its affiliates, subsidiaries, or partnership

11  participants, such as private enterprises, educational

12  institutions, or other organizations.

13         (2)  Any public record generated during the closed

14  portions of such meetings, such as minutes, tape recordings,

15  videotapes, transcriptions, or notes, is confidential and

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

17  of the State Constitution to the extent provided in ss.

18  288.075 and 331.326.

19         Section 2.  This act shall take effect upon becoming a

20  law.

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    Florida Senate - 2003                           CS for SB 1088
    301-2070-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1088

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 4  The bill provided the Legislature intended to support
    space-related economic growth.  The committee substitute
 5  amended the bill to:

 6  Provide that certain records of the Florida Commercial Space
    Financing Corporation are subject to the public records
 7  exemptions afforded under s. 288.075, F.S. (limited public
    record exemption granted to economic development agencies) and
 8  s. 331.326, F.S. (Florida Space Authority's exemption for
    trade secrets).
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    Provide that meetings of the corporation's board of directors
10  are exempt from public meetings requirements when the board is
    meeting in closed executive session where specified
11  confidential information is being discussed.

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