HB 0007E 2003
1	A bill to be entitled
2	An act relating to public records and public meetings
3	exemptions; creating s. 288.145, F.S.; creating an
4	exemption from public records requirements for specified
5	materials, actual and potential trade secrets, patentable
6	material, proprietary information received, generated,
7	ascertained, or discovered during the course of research
8	conducted by or through Scripps Florida, a not-for-profit
9	entity, or a division, subsidiary, affiliate, or entity
10	formed by the Scripps Research Institute to establish a
11	state-of-the-art biomedical research campus in the state,
12	hereinafter referred to as the "grantee," business
13	transactions resulting from such research, and information
14	received from a person from another state or nation or the
15	Federal Government which is otherwise exempt or
16	confidential, held by the grantee or received from the
17	grantee and held by the Scripps Florida Funding
18	Corporation; creating an exemption from public records
19	requirements for information received by the grantee or
20	Scripps Florida Funding Corporation in the performance of
21	its duties and responsibilities and which is otherwise
22	confidential and exempt; creating an exemption from public
23	records requirements for personal identifying information
24	held by the grantee relating to clients of programs
25	created or funded through the grantee and medical or
26	health records relating to patients; creating an exemption
27	from public meetings requirements for portions of meetings
28	of the Scripps Florida Funding Corporation at which
29	confidential and exempt information is presented or
30	discussed; providing for access to confidential and exempt
31	information by specified agencies; providing that
32	specified audits or oversight reports are public records
33	when final; creating a public records exemption for audit
34	and oversight workpapers and notes; providing for
35	retention of workpapers and notes for a specified period;
36	providing for future review and repeal; providing a
37	statement of public necessity; providing a contingent
38	effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1. Section 288.145, Florida Statutes, is created
43	to read:
44	288.145 Scripps Florida Funding Corporation and Scripps
45	Florida; public records exemption; public meetings exemption.--
46	(1) The following information held by Scripps Florida, a
47	not-for-profit entity, or a division, subsidiary, affiliate, or
48	entity formed by the Scripps Research Institute to establish a
49	state-of-the-art biomedical research campus in the state,
50	hereinafter referred to as the "grantee," as defined in s.
51	288.955, or received from the grantee and held by the Scripps
52	Florida Funding Corporation as created by s. 288.955, is
53	confidential and exempt from the provisions of s. 119.07(1) and
54	s. 24(a), Art. I of the State Constitution:
55	(a) Materials that relate to methods of manufacture or
56	production, potential trade secrets, patentable material, actual
57	trade secrets as defined in s. 688.002, or proprietary
58	information received, generated, ascertained, or discovered
59	during the course of research conducted by or through the
60	grantee, and business transactions resulting from such research.
61	(b) Any information received from a person from another
62	state or nation or the Federal Government which is otherwise
63	exempt or confidential pursuant to the laws of that state or
64	nation or pursuant to federal law.
65	(2) Any information received by the grantee or Scripps
66	Florida Funding Corporation in the performance of its duties and
67	responsibilities which is otherwise confidential and exempt by
68	law is confidential and exempt from the provisions of s.
69	119.07(1) and s. 24(a), Art. I of the State Constitution.
70	(3) The following information held by the grantee is
71	confidential and exempt from the provisions of s. 119.07(1) and
72	s. 24(a), Art. I of the State Constitution:
73	(a) Personal identifying information relating to clients
74	of programs created or funded through the grantee.
75	(b) Any medical or health records relating to patients.
76	(4) That portion of a meeting of the Scripps Florida
77	Funding Corporation at which information is presented or
78	discussed that is confidential and exempt pursuant to
79	subsections (1) and (2) is exempt from the provisions of s.
80	286.011 and s. 24(b), Art. I of the State Constitution.
81	(5) The Auditor General, the Office of Program Policy
82	Analysis and Government Accountability, and the Office of
83	Tourism, Trade, and Economic Development, pursuant to their
84	oversight and auditing functions, shall be given access to all
85	information made confidential and exempt pursuant to subsections
86	(1), (2), and (3), upon request and without subpoena, and shall
87	maintain the confidential and exempt status of the information
88	so received.
89	(6) Any audit or oversight report generated pursuant to
90	subsection (5), when final, shall be a public record. The audit
91	and oversight workpapers and notes are confidential and exempt
92	from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
93	State Constitution; however, those workpapers necessary to
94	support the computations in the final audit report may be made
95	available by a majority vote of the Legislative Auditing
96	Committee after a public hearing showing proper cause. The audit
97	or oversight workpapers and notes shall be retained by the
98	entity generating the report until no longer useful, after which
99	time the workpapers and notes may be destroyed.
100	Section 2. Section 288.145, Florida Statutes, is subject
101	to the Open Government Sunset Review Act of 1995 in accordance
102	with s. 119.15, Florida Statutes, and shall stand repealed on
103	October 2, 2009, unless reviewed and saved from repeal through
104	reenactment by the Legislature.
105	Section 3. The Legislature finds that it is a public
106	necessity that certain information held by Scripps Florida, a
107	not-for-profit entity, or a division, subsidiary, affiliate, or
108	entity formed by the Scripps Research Institute to establish a
109	state-of-the-art biomedical research campus in the state,
110	hereinafter referred to as the "grantee," as defined in s.
111	288.955, Florida Statutes, or received from the grantee and held
112	by the Scripps Florida Funding Corporation as created in s.
113	288.955, Florida Statutes, which information is proprietary
114	confidential business information, be held confidential and
115	exempt from public records requirements. Materials and
116	information held by the grantee or obtained from the grantee and
117	held by the corporation concerning methods of manufacture or
118	production, actual or potential trade secrets, patentable
119	materials, or proprietary information received, generated,
120	ascertained, or discovered during the course of research
121	conducted by or through the grantee, and business transactions
122	resulting from such research, must be held confidential and
123	exempt from public records requirements because the disclosure
124	of such information would create an unfair competitive advantage
125	for the person receiving such information. Such an advantage
126	would adversely impact the grantee. If confidential and exempt
127	information regarding research in progress were released
128	pursuant to a public records request, others would be allowed to
129	derive benefit from the research without compensation or
130	reimbursement to the grantee. The Legislature further finds that
131	information obtained by the grantee or the corporation from a
132	person in another state or nation or the Federal Government
133	which is otherwise exempt or confidential pursuant to the laws
134	of that state or nation or pursuant to federal law should remain
135	exempt or confidential because the highly confidential nature of
136	research necessitates that the grantee or corporation be
137	authorized to maintain the status of such information it
138	receives. Without the exemptions provided for in this act, the
139	disclosure of confidential and exempt information would place
140	the grantee on an unequal footing in the marketplace as compared
141	with other research competitors whose information is kept
142	confidential and exempt. The Legislature finds that disclosure
143	of confidential and exempt information would adversely impact
144	the grantee's fulfilling the mission of research. It is further
145	a public necessity that the grantee and the corporation have the
146	same confidential protections for other information received in
147	the performance of their duties and responsibilities, which is
148	otherwise confidential and exempt by law, in order to put the
149	grantee on an equal footing with other public research
150	institutes and to ensure that the grantee has similar
151	opportunities for success as its other research competitors. The
152	Legislature further finds that it is a public necessity that
153	personal, medical, or health information held by the grantee
154	concerning clients or patients of the grantee be made
155	confidential and exempt from public disclosure because access to
156	such information would be an unwarranted invasion of the
157	client’s or patient’s right to privacy. Also, misuse of such
158	sensitive personal, medical, or health information could be
159	detrimental to the health, safety, or welfare of the client or
160	patient. The Legislature further finds that it is a public
161	necessity that portions of meetings of the corporation at which
162	confidential and exempt information is presented or discussed be
163	exempt from public meetings requirements in order to allow the
164	corporation to maintain the confidential and exempt status of
165	that information and to prevent an unfair competitive advantage
166	for the persons receiving this information. Moreover, disclosing
167	information made confidential and exempt pursuant to the
168	corporation’s public records exemption via an open meeting
169	defeats the purpose of the public records exemption. The
170	Legislature also finds that it is a public necessity that
171	information obtained from the grantee and the corporation and
172	held by the Auditor General, the Office of Program Policy
173	Analysis and Government Accountability, and the Office of
174	Tourism, Trade, and Economic Development be confidential and
175	exempt from public disclosure because of the highly confidential
176	nature of research. Release of such information would place the
177	grantee on an unequal footing in the marketplace as compared
178	with other private research competitors whose information is
179	kept confidential and exempt. Finally, the Legislature finds
180	that it is a public necessity that audit or oversight workpapers
181	and notes obtained by the grantee and held by the Auditor
182	General, the Office of Program Policy Analysis and Government
183	Accountability, and the Office of Tourism, Trade, and Economic
184	Development be confidential and exempt from public disclosure
185	because such workpapers and notes are incomplete and could be
186	misleading. Release of inaccurate or incomplete information
187	could be detrimental to the grantee or the Scripps Florida
188	Funding Corporation.
189	Section 4. This act shall take effect upon becoming a law
190	if HB 1-E or similar legislation is adopted in the same
191	legislative session or an extension thereof and becomes law.