HB 0491, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to an exemption from public records
3	requirements of certain information held by the Florida
4	Institute for Human and Machine Cognition, Inc.; creating
5	an exemption from public records requirements for
6	specified materials, actual and potential trade secrets,
7	patentable material, proprietary information received,
8	generated, ascertained, or discovered during the course of
9	research conducted by or through the institute and its
10	subsidiaries, business transactions resulting from such
11	research, information received by the corporation or a
12	subsidiary from a person from another state or nation or
13	the Federal Government which is otherwise confidential or
14	exempt, information received by the corporation or a
15	subsidiary in the performance of its duties and
16	responsibilities which is otherwise confidential and
17	exempt, and identifying information of a donor or
18	prospective donor to the corporation or a subsidiary;
19	providing for specified access to certain information by
20	governmental entities; creating an exemption from public
21	meetings requirements for portions of meetings of the
22	corporation or a subsidiary at which confidential or
23	exempt information is presented or discussed; providing
24	for future review and repeal; providing a statement of
25	public necessity; providing a contingent effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Florida Institute for Human and Machine
30	Cognition, Inc.; public records exemption; public meetings
31	exemption.--
32	(1) The following information held by the Florida Institute
33	for Human and Machine Cognition, Inc., or an authorized and
34	approved subsidiary of the corporation, is confidential and
35	exempt from the provisions of s. 24(a), Art. I of the State
36	Constitution and s. 119.07(1), Florida Statutes:
37	(a) Materials that relate to methods of manufacture or
38	production, potential trade secrets, patentable material, actual
39	trade secrets as defined in s. 688.002, Florida Statutes, or
40	proprietary information received, generated, ascertained, or
41	discovered during the course of research conducted by or through
42	the Florida Institute for Human and Machine Cognition, Inc., and
43	its subsidiaries, and business transactions resulting from such
44	research.
45	(b) Any information received by the corporation or a
46	subsidiary from a person from another state or nation or the
47	Federal Government which is otherwise confidential or
48	exempt pursuant to the laws of that state or nation or pursuant
49	to federal law.
50	(c) Any information received by the corporation or a
51	subsidiary in the performance of its duties and responsibilities
52	which is otherwise confidential and exempt by law.
53	(d) All identifying information of a donor or prospective
54	donor to the corporation or a subsidiary who wishes to remain
55	anonymous.
56	(2) The corporation or its subsidiary shall permit any
57	governmental entity to inspect or copy confidential or exempt
58	information held by the corporation or its subsidiary that is
59	necessary for that governmental entity to perform its duties and
60	responsibilities. Any governmental entity that is permitted to
61	inspect or copy confidential and exempt information held by the
62	corporation or a subsidiary shall maintain the confidential and
63	exempt status of that information.
64	(3) That portion of a meeting of the corporation, and that
65	portion of a meeting of a subsidiary, at which information is
66	presented or discussed that is confidential and exempt pursuant
67	to subsection (1) of this section is exempt from s. 24(b), Art.
68	I of the State Constitution and s. 286.011, Florida Statutes.
69	(4) This section is subject to the Open Government Sunset
70	Review Act of 1995 in accordance with s. 119.15, Florida
71	Statutes, and shall stand repealed on October 2, 2008, unless
72	reviewed and saved from repeal through reenactment by the
73	Legislature.
74	Section 2. The Legislature finds that it is a public
75	necessity that certain records of the Institute for Human and
76	Machine Cognition, a not-for-profit corporation, or a
77	subsidiary of that corporation, which records contain
78	proprietary confidential business information be made
79	confidential and exempt. Materials that relate to methods of
80	manufacture or production, actual or potential trade secrets,
81	patentable materials, business transactions, or proprietary
82	information received, generated, ascertained, or discovered
83	during the course of research conducted by the corporation or a
84	subsidiary, and business transactions resulting from such
85	research must be made be confidential and exempt because the
86	disclosure of such information would create an unfair
87	competitive advantage for the persons receiving such
88	information, which would adversely impact the corporation or its
89	subsidiaries. If such confidential and exempt information
90	regarding research in progress were released pursuant to a
91	public records request, others would be allowed to take the
92	benefit of the research without compensation or reimbursement to
93	the institute. The Legislature further finds that information
94	received by the not-for-profit corporation or its subsidiaries
95	from a person in another state or nation or the Federal
96	Government which is otherwise confidential or exempt pursuant to
97	the laws of that state or nation or pursuant to federal law
98	should remain confidential or exempt because the highly
99	confidential nature of research necessitates that the not-for-
100	profit corporation or its subsidiaries be authorized to maintain
101	the status of confidential or exempt information it receives
102	from the sponsors of research. Without the exemptions provided
103	for in this act, the disclosure of confidential and exempt
104	information would place the not-for-profit corporation in an
105	unequal footing in the marketplace as compared with its private
106	research competitors that are not required to disclose
107	confidential and exempt information. The Legislature finds that
108	the disclosure of confidential and exempt information would
109	adversely impact the corporation or a subsidiary from fulfilling
110	the mission of research and education. It is further a public
111	necessity that the institute and its subsidiaries have the same
112	confidential protections for other information received in the
113	performance of its duties and obligations which is confidential
114	and exempt by law in order to put the institute on an equal
115	footing with other public research institutes and to insure that
116	the institute has similar opportunities for success as its
117	private research competitors. In addition, the Legislature
118	further finds that the identity of a donor or prospective donor
119	who wishes to remain anonymous be confidential and exempt from
120	public disclosure in the same manner provided to the direct
121	support organizations at the state universities in section
122	1004.28(5), Florida Statutes. This exemption is necessary,
123	because the disclosure of such information may adversely impact
124	the institute’s ability to receive donations from individuals
125	who request anonymity. Additionally, the Legislature further
126	finds that it is a public necessity that portions of such
127	meetings at which proprietary confidential business information,
128	including materials that relate to methods of manufacture or
129	production, actual or potential trade secrets, patentable
130	materials, business transactions, proprietary information
131	received, generated, ascertained, or discovered during the
132	course of research, or business transactions resulting from such
133	research, is being discussed are exempt under public open
134	meeting laws in order to allow the not-for-profit corporation
135	and its subsidiaries to maintain the confidentiality of this
136	information and to prevent an unfair competitive advantage for
137	the persons receiving this information.
138	Section 3. This act shall take effect July 1, 2003, if HB
139	315 or similar legislation is adopted in the same legislative
140	session or an extension thereof and becomes law.