| 1 | A bill to be entitled | 
| 2 | An act relating to public records and meetings; creating | 
| 3 | s. 288.9629, F.S.; creating an exemption from public | 
| 4 | records requirements for proprietary confidential business | 
| 5 | information derived from state-supported research projects | 
| 6 | held by the SURE Venture Capital Fund or the Institute for | 
| 7 | the Commercialization of Public Research; providing an | 
| 8 | exemption from public meetings requirements for portions | 
| 9 | of meetings of the board of directors of the SURE Venture | 
| 10 | Capital Fund at which confidential information is | 
| 11 | presented or discussed; providing for future legislative | 
| 12 | review and repeal; providing a statement of public | 
| 13 | necessity; providing a contingent effective date. | 
| 14 | 
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| 15 | Be It Enacted by the Legislature of the State of Florida: | 
| 16 | 
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| 17 | Section 1.  Section 288.9629, Florida Statutes, is created | 
| 18 | to read: | 
| 19 | 288.9629  Exemptions from public records and public | 
| 20 | meetings requirements; SURE Venture Capital Fund and the | 
| 21 | Institute for the Commercialization of Public Research.-- | 
| 22 | (1)  The following information held by the SURE Venture | 
| 23 | Capital Fund or the Institute for the Commercialization of | 
| 24 | Public Research is confidential and exempt from s. 24(a), Art. I | 
| 25 | of the State Constitution and s. 119.07(1): | 
| 26 | (a)  Materials that relate to methods of manufacture or | 
| 27 | production, potential trade secrets, patentable material, actual | 
| 28 | trade secrets as defined in s. 688.002, or proprietary | 
| 29 | information received, generated, ascertained, or discovered by | 
| 30 | or through research projects conducted by universities and other | 
| 31 | publicly supported organizations in this state and held by the | 
| 32 | SURE Venture Capital Fund or the Institute for the | 
| 33 | Commercialization of Public Research. | 
| 34 | (b)  Agreements and proposals to receive grants or funding, | 
| 35 | including funding and grant applications; however, those | 
| 36 | portions of such agreements and proposals, including grant | 
| 37 | applications, which do not contain information made exempt by | 
| 38 | paragraph (a) are not confidential and exempt upon issuance of | 
| 39 | the report that is made after the conclusion of the project for | 
| 40 | which funding was provided. | 
| 41 | (c)  Materials that relate to the identity of other | 
| 42 | investors or potential investors in projects reviewed by the | 
| 43 | fund. | 
| 44 | (d)  Any information received from a person or another | 
| 45 | state or nation or the Federal Government which is otherwise | 
| 46 | confidential or exempt under that state's or nation's laws or | 
| 47 | under federal law. | 
| 48 | (2)  That portion of a meeting of the board of directors of | 
| 49 | SURE Venture Capital Fund or a meeting of the Institute for the | 
| 50 | Commercialization of Public Research at which information is | 
| 51 | presented or discussed which is confidential and exempt under | 
| 52 | subsection (1) is closed to the public and exempt from s. 24(b), | 
| 53 | Art. I of the State Constitution and s. 286.011. | 
| 54 | (3)  Any records generated during those portions of the | 
| 55 | board meetings which are closed to the public under subsection | 
| 56 | (2), such as minutes, tape recordings, videotapes, | 
| 57 | transcriptions, or notes, are confidential and exempt from s. | 
| 58 | 24(a), Art. I of the State Constitution and s. 119.07(1). | 
| 59 | (4)  Public employees may inspect and copy records or | 
| 60 | information that is made exempt and confidential under this | 
| 61 | section exclusively for the performance of their public duties. | 
| 62 | Public employees receiving this exempt and confidential | 
| 63 | information must maintain the confidentiality of the | 
| 64 | information. Any public employee receiving confidential | 
| 65 | information who violates this subsection commits a misdemeanor | 
| 66 | of the first degree, punishable as provided in s. 775.082 or s. | 
| 67 | 775.083. | 
| 68 | (5)  At the time that any record or information made | 
| 69 | confidential and exempt by this section, or portion thereof, is | 
| 70 | legally available or subject to public disclosure for any other | 
| 71 | reason, that record or information, or portion thereof, shall no | 
| 72 | longer be confidential and exempt and shall be made available | 
| 73 | for inspection and copying. | 
| 74 | (6)  This section is subject to the Open Government Sunset | 
| 75 | Review Act in accordance with s. 119.15 and shall stand repealed | 
| 76 | on October 2, 2012, unless reviewed and saved from repeal | 
| 77 | through reenactment by the Legislature. | 
| 78 | Section 2.  The Legislature finds that it is a public | 
| 79 | necessity that proprietary and confidential business information | 
| 80 | held by the SURE Venture Capital Fund or the Institute for the | 
| 81 | Commercialization of Public Research regarding certain funding | 
| 82 | and coinvestment proposals and proprietary business information | 
| 83 | of public universities or other state-supported entities be held | 
| 84 | confidential and exempt from s. 119.07(1), Florida Statutes, and | 
| 85 | s. 24(a), Art. I of the State Constitution. Disclosing | 
| 86 | proprietary and confidential business information derived from | 
| 87 | university or other research projects, including trade secrets | 
| 88 | as defined in s. 688.002, Florida Statutes, would negatively | 
| 89 | affect the ability of universities and certain other entities in | 
| 90 | this state which conduct publicly funded research to use the | 
| 91 | information gained from the research to generate investment | 
| 92 | returns on viable products, and competitor partnerships could | 
| 93 | gain an unfair competitive advantage if provided access to such | 
| 94 | product information. The release of proprietary and confidential | 
| 95 | business information, including trade secrets, could result in | 
| 96 | inadequate returns and ultimately frustrate attainment of the | 
| 97 | investment objective of the SURE Venture Capital Fund and the | 
| 98 | Institute for the Commercialization of Public Research. In | 
| 99 | finding that the public records exemption created by this act is | 
| 100 | a public necessity, the Legislature finds that the public and | 
| 101 | private harm in disclosing proprietary and confidential business | 
| 102 | information relating to the state-supported research projects | 
| 103 | significantly outweighs any public benefit derived from | 
| 104 | disclosure; that the exemption created by this act will enhance | 
| 105 | the ability of the SURE Venture Capital Fund and the Institute | 
| 106 | for the Commercialization of Public Research to fulfill their | 
| 107 | duty to support the commercialization of publicly funded | 
| 108 | research products; and that the public's ability to be informed | 
| 109 | regarding the state-supported research projects is preserved by | 
| 110 | the disclosure of information excepted from the created | 
| 111 | exemption. | 
| 112 | Section 3.  This act shall take effect July 1, 2007, if | 
| 113 | House Bill 1521 or similar legislation is adopted in the same | 
| 114 | legislative session or an extension thereof and becomes law. |