HOUSE AMENDMENT |
Bill No. HB 7E |
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CHAMBER ACTION |
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Representative Benson offered the following: |
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Amendment (with title amendment) |
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Remove everything after the enacting clause, and insert: |
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Section 1. Section 288.9551, Florida Statutes, is created |
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to read: |
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288.9551 Exemptions from public records and public |
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meetings requirements; Scripps Florida Funding Corporation, |
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Office of Program Policy Analysis and Government Accountability, |
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and Office of Tourism, Trade, and Economic Development.--
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(1) As used in this section, the term “grantee” has the |
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same meaning ascribed in s. 288.955.
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(2) The following information held by the Scripps Florida |
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Funding Corporation, the Office of Program Policy Analysis and |
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Government Accountability, or the Office of Tourism, Trade, and |
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Economic Development under s. 288.955 is confidential and exempt |
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from the provisions of s. 119.07(1) and s. 24(a), Art. I of the |
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State Constitution:
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(a) Materials that relate to methods of manufacture or |
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production, potential trade secrets, patentable material, actual |
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trade secrets as defined in s. 688.002, or proprietary |
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information received, generated, ascertained, or discovered |
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during the course of research conducted by or through the |
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grantee, and business transactions resulting from such research.
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(b) Agreements and proposals to receive funding for |
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projects, including grant applications; however, those portions |
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of such agreements and proposals, including grant applications, |
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are no longer confidential and exempt upon conclusion of the |
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project that was funded, except that information made |
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confidential and exempt pursuant to paragraph (a) shall remain |
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confidential and exempt. This exemption does not apply to any |
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agreement or contract by the Scripps Florida Funding Corporation |
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to release funds to the grantee.
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(c) Materials that relate to the recruitment of scientists |
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and researchers.
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(d) Personal identifying information of a donor or |
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prospective donor to the grantee who wishes to remain anonymous.
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(e) Any record that is exempt or confidential under the |
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laws of another state or under federal law.
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(f) Personal identifying information of individuals who |
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participate in human trials or experiments.
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(g) Any medical or health records relating to participants |
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in clinical trials.
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(3)(a) That portion of a meeting of the board of directors |
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of the Scripps Florida Funding Corporation at which information |
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or records are presented or discussed that are confidential and |
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exempt pursuant to subsection (2) is exempt from the provisions |
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of s. 286.011 and s. 24(b), Art. I of the State Constitution.
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(b) Any records generated during those portions of board |
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meetings that are exempt pursuant to paragraph (a) are |
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confidential and exempt from the provisions of s. 119.07(1) and |
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s. 24(a), Art. I of the State Constitution.
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(4) A willful and knowing violation of this section is a |
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misdemeanor of the first degree, punishable as provided in s. |
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775.082 or s. 775.083.
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(5) The grantee is a private not-for-profit entity and is |
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not subject to s. 119.07(1), s. 286.011, or s. 24, Art. I of the |
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State Constitution. In the event a court nonetheless determines |
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that the grantee is acting on behalf of an agency by virtue of |
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its contract under s. 288.955, or otherwise, such that it is |
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subject to s. 119.07(1), s. 286.011, and s. 24(a), Art. I of the |
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State Constitution, the exemptions created herein shall also |
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apply to the grantee.
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Section 2. Section 288.9551, Florida Statutes, is subject |
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to the Open Government Sunset Review Act of 1995 in accordance |
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with s. 119.15, Florida Statutes, and shall stand repealed on |
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October 2, 2009, unless reviewed and saved from repeal through |
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reenactment by the Legislature.
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Section 3. The Legislature finds that it is a public |
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necessity that certain proprietary information held by the |
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Scripps Florida Funding Corporation, the Office of Program |
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Policy Analysis and Government Accountability, or the Office of |
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Tourism, Trade, and Economic Development be made confidential |
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and exempt from public disclosure. The Legislature finds that |
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the economic development of the state is greatly enhanced by the |
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diversification of the industries that are located in the state. |
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In an effort that will greatly benefit the state through |
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economic stimulation, the diversification of industries in the |
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state, and job creation, the Legislature has created the Scripps |
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Florida Funding Corporation to provide a substantial capital |
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investment to attract and assist a private nonprofit research |
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organization that promotes research and development in the |
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science of biotechnology for the purpose of developing the means |
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to predict, prevent, treat, or cure diseases that affect |
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Floridians and others. In particular, the Legislature has, under |
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the terms specified in s. 288.955, Florida Statutes, authorized |
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the release of a significant appropriation to the Scripps |
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Research Institute to establish a new research facility in |
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Florida in order to create new jobs, to reinvest a significant |
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portion of the appropriation from the net proceeds of certain |
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grants for research activities it conducts in Florida in a |
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Florida state trust fund, and, in cooperation with the economic |
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development agencies of the state and the State University |
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System, to seek to create new business and academic |
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opportunities in this state. The Legislature finds that the |
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ability of these entities to conduct meaningful scientific |
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research and meet their obligations will be impaired |
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significantly if certain proprietary information as described in |
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this act is not held confidential and exempt from public |
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disclosure. The Legislature finds that it is a public necessity |
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that materials that relate to methods of manufacture or |
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production, actual or potential trade secrets, patentable |
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materials, or proprietary information received, generated, |
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ascertained, or discovered during the course of research |
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conducted by or through the grantee, and business transactions |
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resulting from such research, be made confidential and exempt |
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from public records requirements because the disclosure of such |
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information would negate the benefit expected by exposing |
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valuable proprietary work to competitors. Disclosure of this |
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information would create an unfair competitive advantage for |
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competitors and others and would adversely impact the grantee by |
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negatively affecting the revenues generated by its research. In |
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turn, this would negatively affect the financial and other |
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substantial interests of the state, its economy, and the |
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academic community. The Legislature also finds that it is a |
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public necessity to make confidential and exempt agreements and |
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proposals to receive funding for projects, including grant |
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applications. If this information is not protected, it could |
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adversely affect the ability of the grantee to operate. Without |
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the exemption, the disclosure of confidential and exempt |
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information would place the grantee on an unequal footing in the |
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marketplace as compared with other research competitors whose |
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information is kept confidential and exempt. Furthermore, upon |
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completion of a project, such agreements and proposals, less any |
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confidential and exempt information, are to be available for |
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public inspection. The Legislature finds that it is a public |
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necessity to make confidential and exempt the materials that |
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relate to the recruitment of scientists and researchers. If this |
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information is not protected, it could adversely affect the |
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ability of the grantee to attract the highest quality scientists |
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and researchers by permitting competitors to determine the terms |
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of employment negotiations, thereby enabling a competitor to |
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outbid the grantee. The Legislature also finds that it is a |
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public necessity to protect the personal identifying information |
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of donors or prospective donors to the grantee who wish to |
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remain anonymous. If such information is not protected from |
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public disclosure, donors could be less likely to make donations |
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to the grantee. Such donations provide additional funding for |
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research. As such, such information must be protected in order |
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to enhance and ensure the continuation of donations. The |
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Legislature further finds that any record that is exempt or |
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confidential under the laws of another state or under federal |
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law should be held confidential and exempt from public |
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disclosure. Failure to protect such records would inhibit |
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scientific research by the grantee because other states or the |
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Federal Government could be unwilling to share information and |
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research if such records could be released. Without the |
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exemption, the disclosure of confidential and exempt records |
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would place the grantee on an unequal footing in the marketplace |
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as compared with other research competitors whose records are |
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kept confidential and exempt. The Legislature further finds that |
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disclosure of confidential and exempt records would adversely |
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impact the grantee's fulfilling the mission of research. The |
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Legislature finds that it is a public necessity to make |
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confidential and exempt personal identifying information of |
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individuals who participate in human trials or experiments and |
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any medical or health records relating to participants in |
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clinical trials. Compilation of this information is necessary to |
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conduct scientific research but could be damaging to those |
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persons who have volunteered or otherwise agreed to participate. |
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Such persons might be denied health insurance, suffer employment |
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discrimination, and experience other social problems if this |
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information is not made confidential and exempt. If potential |
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participants feared that such consequences could be suffered by |
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participating in human trials or other scientific research, they |
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might refuse to participate, which would adversely impact |
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biomedical research by the grantee. The Legislature further |
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finds that it is a public necessity that portions of meetings of |
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the corporation at which confidential and exempt information and |
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records are presented or discussed be made exempt from public |
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meetings requirements in order to allow the corporation to |
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maintain the confidential and exempt status of such information |
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and records and to prevent an unfair competitive advantage for |
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the persons receiving the information and records. Moreover, |
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disclosing information and records made confidential and exempt |
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pursuant to this act via open meetings defeats the purpose of |
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the public records exemption. Furthermore, the Legislature finds |
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that it is a public necessity that records generated during |
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those portions of closed meetings of the corporation at which |
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confidential and exempt information and records are presented or |
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discussed be made confidential and exempt from public disclosure |
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for the reasons set forth in this section to justify the closing |
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of such portions of meetings. |
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Section 4. This act shall take effect upon becoming a law |
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if HB 1E or similar legislation is adopted in the same |
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legislative session or an extension thereof and becomes law. |
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================= T I T L E A M E N D M E N T ================= |
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Remove the entire title, and insert: |
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A bill to be entitled |
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An act relating to public records and public meetings |
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exemptions; creating s. 288.9551, F.S.; creating an exemption |
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from public records requirements for specified materials, actual |
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and potential trade secrets, patentable material, and |
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proprietary information received, generated, ascertained, or |
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discovered during the course of research conducted by or through |
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the Scripps Research Institute, a not-for-profit public benefit |
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corporation, or a division, subsidiary, affiliate, or entity |
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formed by the Scripps Research Institute to establish a state- |
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of-the-art biomedical research institution and campus in the |
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state, hereinafter referred to as the "grantee," and business |
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transactions resulting from such research; creating an exemption |
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from public records requirements for agreements and proposals to |
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receive funding; providing for cessation of the exemption; |
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clarifying that the exemption does not apply to an agreement or |
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contract by the Scripps Florida Funding Corporation to release |
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funds to the grantee; creating an exemption from public records |
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requirements for materials that relate to the recruitment of |
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scientists and researchers; creating an exemption from public |
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records requirements for personal identifying information of a |
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donor or prospective donor to the grantee; creating an exemption |
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from public records requirements for any record that is exempt |
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or confidential under the laws of another state or under federal |
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law; creating an exemption from public records requirements for |
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personal identifying information of individuals who participate |
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in human trials or experiments and for medical or health records |
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of participants in clinical trials; creating an exemption from |
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public meetings and records requirements for portions of |
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meetings of the board of directors of the Scripps Florida |
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Funding Corporation at which confidential and exempt information |
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or records are presented or discussed and for records generated |
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during such exempt portions of meetings; providing a penalty; |
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providing for applicability of exemption under specified |
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circumstances; providing for future review and repeal; providing |
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a statement of public necessity; providing a contingent |
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effective date. |