HB 1523

1	A bill to be entitled
2	An act relating to public records and meetings; creating
3	s. 288.9566, F.S.; creating an exemption from public
4	records requirements for proprietary confidential business
5	information relating to state university research projects
6	which is held by Sure Ventures Commercialization, Inc.;
7	providing for future legislative review and repeal;
8	providing a statement of public necessity; providing a
9	contingent effective date.
10
11	Be It Enacted by the Legislature of the State of Florida:
12
13	Section 1.  Section 288.9566, Florida Statutes, is created
14	to read:
15	288.9566  Exemptions from public records and public
16	meetings requirements; Sure Ventures Commercialization, Inc.--
17	(1)  The following information held by Sure Ventures
18	Commercialization, Inc., is confidential and exempt from s.
19	24(a), Art. I of the State Constitution and s. 119.07(1):
20	(a)  Materials that relate to methods of manufacture or
21	production, potential trade secrets, patentable material, actual
22	trade secrets as defined in s. 688.002, or proprietary
23	information received, generated, ascertained, or discovered by
24	or through the state universities' research projects submitted
25	for funding under the Sure Ventures Commercialization Grant
26	Program.
27	(b)  Agreements and proposals to receive funding, including
28	grant applications; however, those portions of such agreements
29	and proposals, including grant applications, which do not
30	contain information made exempt by paragraph (a), are not
31	confidential and exempt upon issuance of the report that is made
32	after the conclusion of the project for which funding was
33	provided.
34	(c)  Materials that relate to the identity of other
35	investors or potential investors in projects reviewed by the
36	corporation.
37	(d)  Any information received from a person or another
38	state or nation or the Federal Government which is otherwise
39	confidential or exempt under that state's or nation's laws or
40	under federal law.
41	(2)  That portion of a meeting of the board of directors of
42	Sure Ventures Commercialization, Inc., at which information is
43	presented or discussed which is confidential and exempt under
44	subsection (1) is closed to the public and exempt from s. 24(b),
45	Art. I of the State Constitution and s. 286.011.
46	(3)  Any records generated during those portions of the
47	board meetings which are closed to the public under subsection
48	(2), such as minutes, tape recordings, videotapes,
49	transcriptions, or notes, are confidential and exempt from s.
50	24(a), Art. I of the State Constitution and s. 119.07(1).
51	(4)  Public employees may inspect and copy records or
52	information that is made exempt and confidential under this
53	section exclusively for the performance of their public duties.
54	Public employees receiving this exempt and confidential
55	information must maintain the confidentiality of the
56	information. Any public employee receiving confidential
57	information who violates this subsection commits a misdemeanor
58	of the first degree, punishable as provided in s. 775.082 or s.
59	775.083.
60	(5)  At the time that any record or information made
61	confidential and exempt by this section, or portion thereof, is
62	legally available or subject to public disclosure for any other
63	reason, that record or information, or portion thereof, is no
64	longer confidential and exempt and shall be made available for
65	inspection and copying.
66	(6)  This section is subject to the Open Government Sunset
67	Review Act in accordance with s. 119.15 and shall stand repealed
68	on October 2, 2012, unless reviewed and saved from repeal
69	through reenactment by the Legislature.
70	Section 2.  The Legislature finds that it is a public
71	necessity that proprietary, confidential business information
72	held by Sure Ventures Commercialization, Inc., regarding certain
73	funding proposals and proprietary business information of public
74	universities be held confidential and exempt from s. 119.07(1),
75	Florida Statutes, and Section 24(a), Article I of the State
76	Constitution. Disclosing proprietary confidential business
77	information derived from university research projects, including
78	trade secrets as defined in s. 688.002, Florida Statutes, would
79	negatively affect the ability of public universities that rely
80	heavily on the information gained from publicly funded research
81	products to generate investment returns, and competitor
82	partnerships could gain an unfair competitive advantage if
83	provided access to such information. The release of university-
84	based proprietary confidential business information, including
85	trade secrets, could result in inadequate returns and ultimately
86	frustrate attainment of the investment objective of the Sure
87	Ventures Commercialization Grant Program. In finding that the
88	public records exemption created by this act is a public
89	necessity, the Legislature finds that the public and private
90	harm in disclosing proprietary confidential business information
91	relating to university research projects significantly outweighs
92	any public benefit derived from disclosure; that the exemption
93	created by this act will enhance the ability of the Sure
94	Ventures Commercialization Grant Program to fulfill its duty to
95	support the commercialization of publicly funded research
96	products; and that the public's ability to be informed regarding
97	the university's research projects funded by the grant program
98	is preserved by the disclosure of information excepted from the
99	created exemption.
100	Section 3.  This act shall take effect July 1, 2007, if
101	House Bill 1521 or similar legislation is adopted in the same
102	legislative session or an extension thereof and becomes law.

CODING: Words stricken are deletions; words underlined are additions.