HOUSE AMENDMENT
Bill No. HB 7E
   
1 CHAMBER ACTION
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Senate House
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12          Representative Benson offered the following:
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14          Amendment (with title amendment)
15          Remove everything after the enacting clause, and insert:
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17          Section 1. Section 288.9551, Florida Statutes, is created
18    to read:
19          288.9551 Exemptions from public records and public
20    meetings requirements; Scripps Florida Funding Corporation,
21    Office of Program Policy Analysis and Government Accountability,
22    and Office of Tourism, Trade, and Economic Development.--
23          (1) As used in this section, the term “grantee” has the
24    same meaning ascribed in s. 288.955.
25          (2) The following information held by the Scripps Florida
26    Funding Corporation, the Office of Program Policy Analysis and
27    Government Accountability, or the Office of Tourism, Trade, and
28    Economic Development under s. 288.955 is confidential and exempt
29    from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
30    State Constitution:
31          (a) Materials that relate to methods of manufacture or
32    production, potential trade secrets, patentable material, actual
33    trade secrets as defined in s. 688.002, or proprietary
34    information received, generated, ascertained, or discovered
35    during the course of research conducted by or through the
36    grantee, and business transactions resulting from such research.
37          (b) Agreements and proposals to receive funding for
38    projects, including grant applications; however, those portions
39    of such agreements and proposals, including grant applications,
40    are no longer confidential and exempt upon conclusion of the
41    project that was funded, except that information made
42    confidential and exempt pursuant to paragraph (a) shall remain
43    confidential and exempt. This exemption does not apply to any
44    agreement or contract by the Scripps Florida Funding Corporation
45    to release funds to the grantee.
46          (c) Materials that relate to the recruitment of scientists
47    and researchers.
48          (d) Personal identifying information of a donor or
49    prospective donor to the grantee who wishes to remain anonymous.
50          (e) Any record that is exempt or confidential under the
51    laws of another state or under federal law.
52          (f) Personal identifying information of individuals who
53    participate in human trials or experiments.
54          (g) Any medical or health records relating to participants
55    in clinical trials.
56          (3)(a) That portion of a meeting of the board of directors
57    of the Scripps Florida Funding Corporation at which information
58    or records are presented or discussed that are confidential and
59    exempt pursuant to subsection (2) is exempt from the provisions
60    of s. 286.011 and s. 24(b), Art. I of the State Constitution.
61          (b) Any records generated during those portions of board
62    meetings that are exempt pursuant to paragraph (a) are
63    confidential and exempt from the provisions of s. 119.07(1) and
64    s. 24(a), Art. I of the State Constitution.
65          (4) A willful and knowing violation of this section is a
66    misdemeanor of the first degree, punishable as provided in s.
67    775.082 or s. 775.083.
68          (5) The grantee is a private not-for-profit entity and is
69    not subject to s. 119.07(1), s. 286.011, or s. 24, Art. I of the
70    State Constitution. In the event a court nonetheless determines
71    that the grantee is acting on behalf of an agency by virtue of
72    its contract under s. 288.955, or otherwise, such that it is
73    subject to s. 119.07(1), s. 286.011, and s. 24(a), Art. I of the
74    State Constitution, the exemptions created herein shall also
75    apply to the grantee.
76          Section 2. Section 288.9551, Florida Statutes, is subject
77    to the Open Government Sunset Review Act of 1995 in accordance
78    with s. 119.15, Florida Statutes, and shall stand repealed on
79    October 2, 2009, unless reviewed and saved from repeal through
80    reenactment by the Legislature.
81          Section 3. The Legislature finds that it is a public
82    necessity that certain proprietary information held by the
83    Scripps Florida Funding Corporation, the Office of Program
84    Policy Analysis and Government Accountability, or the Office of
85    Tourism, Trade, and Economic Development be made confidential
86    and exempt from public disclosure. The Legislature finds that
87    the economic development of the state is greatly enhanced by the
88    diversification of the industries that are located in the state.
89    In an effort that will greatly benefit the state through
90    economic stimulation, the diversification of industries in the
91    state, and job creation, the Legislature has created the Scripps
92    Florida Funding Corporation to provide a substantial capital
93    investment to attract and assist a private nonprofit research
94    organization that promotes research and development in the
95    science of biotechnology for the purpose of developing the means
96    to predict, prevent, treat, or cure diseases that affect
97    Floridians and others. In particular, the Legislature has, under
98    the terms specified in s. 288.955, Florida Statutes, authorized
99    the release of a significant appropriation to the Scripps
100    Research Institute to establish a new research facility in
101    Florida in order to create new jobs, to reinvest a significant
102    portion of the appropriation from the net proceeds of certain
103    grants for research activities it conducts in Florida in a
104    Florida state trust fund, and, in cooperation with the economic
105    development agencies of the state and the State University
106    System, to seek to create new business and academic
107    opportunities in this state. The Legislature finds that the
108    ability of these entities to conduct meaningful scientific
109    research and meet their obligations will be impaired
110    significantly if certain proprietary information as described in
111    this act is not held confidential and exempt from public
112    disclosure. The Legislature finds that it is a public necessity
113    that materials that relate to methods of manufacture or
114    production, actual or potential trade secrets, patentable
115    materials, or proprietary information received, generated,
116    ascertained, or discovered during the course of research
117    conducted by or through the grantee, and business transactions
118    resulting from such research, be made confidential and exempt
119    from public records requirements because the disclosure of such
120    information would negate the benefit expected by exposing
121    valuable proprietary work to competitors. Disclosure of this
122    information would create an unfair competitive advantage for
123    competitors and others and would adversely impact the grantee by
124    negatively affecting the revenues generated by its research. In
125    turn, this would negatively affect the financial and other
126    substantial interests of the state, its economy, and the
127    academic community. The Legislature also finds that it is a
128    public necessity to make confidential and exempt agreements and
129    proposals to receive funding for projects, including grant
130    applications. If this information is not protected, it could
131    adversely affect the ability of the grantee to operate. Without
132    the exemption, the disclosure of confidential and exempt
133    information would place the grantee on an unequal footing in the
134    marketplace as compared with other research competitors whose
135    information is kept confidential and exempt. Furthermore, upon
136    completion of a project, such agreements and proposals, less any
137    confidential and exempt information, are to be available for
138    public inspection. The Legislature finds that it is a public
139    necessity to make confidential and exempt the materials that
140    relate to the recruitment of scientists and researchers. If this
141    information is not protected, it could adversely affect the
142    ability of the grantee to attract the highest quality scientists
143    and researchers by permitting competitors to determine the terms
144    of employment negotiations, thereby enabling a competitor to
145    outbid the grantee. The Legislature also finds that it is a
146    public necessity to protect the personal identifying information
147    of donors or prospective donors to the grantee who wish to
148    remain anonymous. If such information is not protected from
149    public disclosure, donors could be less likely to make donations
150    to the grantee. Such donations provide additional funding for
151    research. As such, such information must be protected in order
152    to enhance and ensure the continuation of donations. The
153    Legislature further finds that any record that is exempt or
154    confidential under the laws of another state or under federal
155    law should be held confidential and exempt from public
156    disclosure. Failure to protect such records would inhibit
157    scientific research by the grantee because other states or the
158    Federal Government could be unwilling to share information and
159    research if such records could be released. Without the
160    exemption, the disclosure of confidential and exempt records
161    would place the grantee on an unequal footing in the marketplace
162    as compared with other research competitors whose records are
163    kept confidential and exempt. The Legislature further finds that
164    disclosure of confidential and exempt records would adversely
165    impact the grantee's fulfilling the mission of research. The
166    Legislature finds that it is a public necessity to make
167    confidential and exempt personal identifying information of
168    individuals who participate in human trials or experiments and
169    any medical or health records relating to participants in
170    clinical trials. Compilation of this information is necessary to
171    conduct scientific research but could be damaging to those
172    persons who have volunteered or otherwise agreed to participate.
173    Such persons might be denied health insurance, suffer employment
174    discrimination, and experience other social problems if this
175    information is not made confidential and exempt. If potential
176    participants feared that such consequences could be suffered by
177    participating in human trials or other scientific research, they
178    might refuse to participate, which would adversely impact
179    biomedical research by the grantee. The Legislature further
180    finds that it is a public necessity that portions of meetings of
181    the corporation at which confidential and exempt information and
182    records are presented or discussed be made exempt from public
183    meetings requirements in order to allow the corporation to
184    maintain the confidential and exempt status of such information
185    and records and to prevent an unfair competitive advantage for
186    the persons receiving the information and records. Moreover,
187    disclosing information and records made confidential and exempt
188    pursuant to this act via open meetings defeats the purpose of
189    the public records exemption. Furthermore, the Legislature finds
190    that it is a public necessity that records generated during
191    those portions of closed meetings of the corporation at which
192    confidential and exempt information and records are presented or
193    discussed be made confidential and exempt from public disclosure
194    for the reasons set forth in this section to justify the closing
195    of such portions of meetings.
196          Section 4. This act shall take effect upon becoming a law
197    if HB 1E or similar legislation is adopted in the same
198    legislative session or an extension thereof and becomes law.
199         
200         
201    ================= T I T L E A M E N D M E N T =================
202          Remove the entire title, and insert:
203         
204 A bill to be entitled
205          An act relating to public records and public meetings
206    exemptions; creating s. 288.9551, F.S.; creating an exemption
207    from public records requirements for specified materials, actual
208    and potential trade secrets, patentable material, and
209    proprietary information received, generated, ascertained, or
210    discovered during the course of research conducted by or through
211    the Scripps Research Institute, a not-for-profit public benefit
212    corporation, or a division, subsidiary, affiliate, or entity
213    formed by the Scripps Research Institute to establish a state-
214    of-the-art biomedical research institution and campus in the
215    state, hereinafter referred to as the "grantee," and business
216    transactions resulting from such research; creating an exemption
217    from public records requirements for agreements and proposals to
218    receive funding; providing for cessation of the exemption;
219    clarifying that the exemption does not apply to an agreement or
220    contract by the Scripps Florida Funding Corporation to release
221    funds to the grantee; creating an exemption from public records
222    requirements for materials that relate to the recruitment of
223    scientists and researchers; creating an exemption from public
224    records requirements for personal identifying information of a
225    donor or prospective donor to the grantee; creating an exemption
226    from public records requirements for any record that is exempt
227    or confidential under the laws of another state or under federal
228    law; creating an exemption from public records requirements for
229    personal identifying information of individuals who participate
230    in human trials or experiments and for medical or health records
231    of participants in clinical trials; creating an exemption from
232    public meetings and records requirements for portions of
233    meetings of the board of directors of the Scripps Florida
234    Funding Corporation at which confidential and exempt information
235    or records are presented or discussed and for records generated
236    during such exempt portions of meetings; providing a penalty;
237    providing for applicability of exemption under specified
238    circumstances; providing for future review and repeal; providing
239    a statement of public necessity; providing a contingent
240    effective date.