Senate Bill sb1770e1

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    CS for CS for SB 1770                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         creating exemptions for trade secret

  4         information; creating an exemption from public

  5         records and public meetings requirements for

  6         certain information held by the Florida

  7         Institute of Human and Machine Cognition;

  8         creating an exemption from public records

  9         requirements for specified materials, actual

10         and potential trade secrets, information

11         identifying donors to the institute; providing

12         for specified access to certain information by

13         governmental entities; creating an exemption

14         from public meetings requirements for meetings

15         of the governing board of the not-for-profit

16         corporation at which exempt records are

17         discussed; providing for future review and

18         repeal; providing a statement of public

19         necessity; creating s. 627.9742, F.S.; creating

20         a public records exemption for credit scoring

21         methodologies and related data and information

22         that are trade secrets filed with the Office of

23         Insurance Regulation; providing for future

24         review and repeal; providing a statement of

25         public necessity; providing a contingent

26         effective date.

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

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    CS for CS for SB 1770                          First Engrossed



 1         Section 1.  Florida Institute for Human and Machine

 2  Cognition, Inc.; public records exemption; public meetings

 3  exemption.--

 4         (1)  The following information held by the Florida

 5  Institution for Human and Machine Cognition, Inc., or an

 6  authorized subsidiary of the corporation, is confidential and

 7  exempt from the provisions of section 24, Article I of the

 8  State Constitution and section 119.07(1), Florida Statutes:

 9         (a)  Material that relate to methods of manufacturer or

10  production, potential trade secrets, patentable material,

11  actual trade secrets as defined in section 688.002, Florida

12  Statutes, or proprietary information received, generated,

13  ascertained, or discovered during the course of research

14  conducted by or through the Florida Institute for Human and

15  Machine Cognition and its not-for-profit corporation and

16  subsidiaries and business transactions resulting from such

17  research.

18         (b)  Any information received by the corporation or a

19  subsidiary from a person from another state or nation or the

20  Federal Government which is otherwise confidential or exempt

21  pursuant to that state's or nation's laws or pursuant to

22  federal law.

23         (c)  Any information received by the corporation or a

24  subsidiary in the performance of its duties and

25  responsibilities which is otherwise confidential and exempt by

26  law.

27         (d)  All identifying information of a donor or

28  prospective donor to the corporation or a subsidiary who

29  wishes to remain anonymous.

30         (2)  The corporation or its subsidiary shall permit any

31  governmental entity to inspect or copy confidential or exempt


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    CS for CS for SB 1770                          First Engrossed



 1  information held by the corporation or its subsidiary that is

 2  necessary for that governmental entity to perform its duties

 3  and responsibilities. Any governmental entity that is

 4  permitted to inspect or copy confidential and exempt

 5  information held by the corporation or a subsidiary shall

 6  maintain the confidential and exempt status of that

 7  information.

 8         (3)  That portion of a meeting of the corporation, or a

 9  subsidiary at which information is presented or discussed that

10  is confidential and exempt pursuant to subsection (1) is

11  exempt from section 24(b), Article I of the State Constitution

12  and section 286.011, Florida Statutes.

13         (4)  This section is subject to the Open Government

14  Sunset Review Act of 1995 in accordance with section 119.15,

15  Florida Statutes, and shall stand repealed on October 2, 2008,

16  unless reviewed and saved from repeal through reenactment by

17  the Legislature.

18         Section 2.  The Legislature finds that it is a public

19  necessity that certain records of the Institute for Human and

20  Machine Cognition, or a subsidiary, which records contain

21  proprietary confidential business information be made

22  confidential and exempt. Materials that relate to methods of

23  manufacture or production, actual or potential trade secrets,

24  patentable materials, business transactions, or proprietary

25  information received, generated, ascertained, or discovered

26  during the course of research conducted by the corporation or

27  a subsidiary must be confidential and exempt because the

28  disclosure of such information would create an unfair

29  competitive advantage for persons receiving such information,

30  which would adversely impact the corporation or its

31  subsidiaries. If such information regarding research in


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    CS for CS for SB 1770                          First Engrossed



 1  progress were released pursuant to a public records request,

 2  others would be allowed to take the benefit of the research

 3  without compensation or reimbursement to the institute. The

 4  Legislature further finds that information received by the

 5  corporation or its subsidiaries from a person in another state

 6  or nation or the Federal Government which is otherwise

 7  confidential or exempt pursuant to the laws of that state or

 8  nation or federal law should remain confidential or exempt

 9  because the highly confidential nature of research

10  necessitates that the corporation or its subsidiaries be

11  authorized to maintain the status of confidential or exempt

12  information it receives from the sponsors of research. Without

13  the exemptions, the disclosure of confidential and exempt

14  information would place the corporation in an unequal footing

15  in the marketplace as compared with its private research

16  competitors that are not required to disclose confidential and

17  exempt information. The Legislature finds that the disclosure

18  of such information would adversely impact the corporation or

19  a subsidiary from fulfilling the mission of research and

20  education. It is further a public necessity that the

21  institute, its not-for-profit corporation, and subsidiaries

22  have the same confidential protections for other information

23  received in the performance of its duties and obligations

24  which is confidential and exempt by law to put the institute

25  on an equal footing with other public research institutes and

26  ensure that the institute has similar opportunities for

27  success as its private research competitors. In addition, the

28  Legislature further finds that the identity of a donor or

29  prospective donor who wishes to remain anonymous should be

30  confidential and exempt from public disclosure in the same

31  manner provided to the direct support organizations at the


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    CS for CS for SB 1770                          First Engrossed



 1  state universities in section 1004.28(5), Florida Statutes.

 2  This exemption is necessary because the disclosure of such

 3  information may adversely impact the institute's ability to

 4  receive donations from individuals who request anonymity. The

 5  Legislature further finds that it is a public necessity that

 6  portions of such meetings at which proprietary confidential

 7  business information, including materials that relate to

 8  methods of manufacture or production, actual or potential

 9  trade secrets, patentable materials, business transactions, or

10  proprietary information received, generated, ascertained, or

11  discovered during the course of research, are being discussed

12  are exempt under public open meeting laws to allow the

13  not-for-profit corporation and its subsidiaries to maintain

14  the confidentiality of this information and prevent an unfair

15  competitive advantage for the persons receiving this

16  information.

17         Section 3.  Section 627.9742, Florida Statutes, is

18  created to read:

19         627.9742  Public records exemption for the Office of

20  Insurance Regulation.--Credit scoring methodologies and

21  related data and information that are trade secrets as defined

22  in s. 688.002 and that are filed with the Office of Insurance

23  Regulation pursuant to a rate filing or other filing required

24  by law are confidential and exempt from the provisions of s.

25  119.07(1) and s. 24(a), Art. I of the State Constitution.

26         Section 4.  Section 627.9742, Florida Statutes, is

27  subject to the Open Government Sunset Review Act of 1995 in

28  accordance with section 119.15, Florida Statutes, and shall

29  stand repealed on October 2, 2008, unless reviewed and saved

30  from repeal through reenactment by the Legislature.

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    CS for CS for SB 1770                          First Engrossed



 1         Section 5.  The Legislature finds that it is a public

 2  necessity that credit scoring methodologies and related data

 3  and information that are trade secrets, filed with the Office

 4  of Insurance Regulation pursuant to a rate filing or other

 5  filing required by law, be made confidential and exempt from

 6  public records requirements. Such information could harm the

 7  business of an insurance company, as it contains proprietary

 8  confidential business information that has economic value

 9  derived from not being disclosed to competitors. The

10  Legislature further finds that it is a public necessity to

11  make such information confidential and exempt from public

12  disclosure because release of such information would likely

13  result in an insurer's not providing the Office of Insurance

14  Regulation with adequate information on which to base a

15  determination as to whether a filing meets the requirements of

16  law, resulting in increased administrative and legal disputes

17  with regard to the filing.

18         Section 6.  Sections 1 and 2 of this act shall take

19  effect July 1, 2003, if SB 1414 or similar legislation is

20  adopted in the same legislative session or an extension

21  thereof and becomes law. Sections 3, 4, and 5 of this act

22  shall take effect January 1, 2004 if SB 204 or similar

23  legislation adopted in the same legislative session or an

24  extension thereof and becomes a law.

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