CS/HB 7043

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding Scripps Florida Funding
4	Corporation; amending s. 288.955, F.S.; clarifying the
5	definition of "grantee"; amending s. 288.9551, F.S.;
6	narrowing the public records exemption for specified
7	information held by the Scripps Florida Funding
8	Corporation and the public meetings exemption for portions
9	of meetings of the board of directors of the corporation
10	at which confidential and exempt information is discussed;
11	removing the Office of Tourism, Trade, and Economic
12	Development from the public records and public meetings
13	exemptions; reorganizing and conforming provisions; making
14	editorial changes; removing superfluous language;
15	providing a penalty; providing for future legislative
16	review and repeal of the exemption under the Open
17	Government Sunset Review Act; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Paragraph (c) of subsection (1) of section
22	288.955, Florida Statutes, is amended to read:
23	288.955  Scripps Florida Funding Corporation.--
24	(1)  DEFINITIONS.--As used in this section, the term:
25	(c)  "Grantee" means The Scripps Research Institute, a not-
26	for-profit public benefit corporation, or a division,
27	subsidiary, affiliate, or entity formed by The Scripps Research
28	Institute to establish a state-of-the-art biomedical research
29	institution and campus in this state. The grantee is neither an
30	agency nor an entity acting on behalf of an agency for purposes
31	of chapter 119 and s. 286.011.
32	Section 2.  Section 288.9551, Florida Statutes, is amended
33	to read:
34	288.9551  Exemptions from public records and meetings
35	requirements; Scripps Florida Funding Corporation, The Scripps
36	Research Institute or grantee, and the Office of Tourism, Trade,
37	and Economic Development.--
38	(1)  As used in this section, the term "grantee" has the
39	same meaning ascribed in s. 288.955.
40	(2)  The following information held by the Scripps Florida
41	Funding Corporation or the Office of Tourism, Trade, and
42	Economic Development under s. 288.955 is confidential and exempt
43	from s. 119.07(1) and s. 24(a) s. 24, Art. I of the State
44	Constitution and s. 119.07(1):
45	(a)  Materials that relate to methods of manufacture or
46	production, potential trade secrets, patentable material, actual
47	trade secrets as defined in s. 688.002, or proprietary
48	information received, generated, ascertained, or discovered by
49	or through the grantee or The Scripps Research Institute.
50	(b)  Agreements and proposals to receive funding, including
51	grant applications; however, those portions of such agreements
52	and proposals to receive funding, including grant applications,
53	that do not contain information made confidential and exempt by
54	paragraph (a) of this subsection, shall not be confidential and
55	exempt upon issuance of the report that is made after the
56	conclusion of the project for which funding was provided. The
57	exemption created in this paragraph specifically excludes any
58	agreement by the Scripps Florida Funding Corporation to release
59	funds to the Scripps Research Institute or grantee.
60	(c)  Materials that relate to the recruitment of scientists
61	and researchers.; and
62	(d)  The identity of donors or potential donors to the
63	grantee who wish to remain anonymous.
64	(e)(d)  Any Information received from a person from or
65	another state or nation or the Federal Government which is
66	otherwise confidential or exempt pursuant to the laws of that
67	state state's or nation nation's laws or pursuant to federal
68	law.
69	(f)(e)  Personal identifying information of individuals who
70	participate in human trials or experiments.
71	(g)(f)  Any Medical or health records relating to
72	participants in clinical trials.
73	(3)(a)  That portion of a meeting of the board of directors
74	of the Scripps Florida Funding Corporation or the Office of
75	Tourism, Trade, and Economic Development at which information is
76	presented or discussed that which is confidential and exempt
77	under subsection (2) is closed to the public and exempt from s.
78	286.011 and s. 24(b), Art. I of the State Constitution and s.
79	286.011.
80	(b)(4)  Any records generated during any portion of an
81	exempt meeting those portions of the board meetings which are
82	closed to the public under subsection (3), such as minutes, tape
83	recordings, videotapes, transcriptions, or notes are
84	confidential and exempt from s. 119.07(1) and s. 24(a) s. 24,
85	Art. I of the State Constitution and s. 119.07(1).
86	(4)(5)  Public employees shall be permitted to inspect and
87	copy records or information that is made confidential and exempt
88	and confidential under this section exclusively for the
89	performance of their public duties. Public employees receiving
90	this exempt and confidential information must maintain the
91	confidentiality of the information. Any such public employee
92	receiving confidential information who violates this subsection
93	commits a misdemeanor of the first degree, punishable as
94	provided by s. 775.082 or s. 775.083.
95	(5)  Any person who willfully and knowingly violates the
96	provisions of this section commits a misdemeanor of the second
97	degree, punishable as provided in s. 775.082 or s. 775.083.
98	(6)  The Scripps Research Institute or grantee as defined
99	in s. 288.955, is a private, not-for-profit entity and as such
100	is not subject to chapter 119 or s. 286.011. If a court
101	nonetheless determines that The Scripps Research Institute or
102	grantee is acting on behalf of an agency, by virtue of its
103	contract under s. 288.955, or otherwise, such that it is subject
104	to s. 24, Art. I of the State Constitution and ss. 119.07(1) and
105	286.011, the exemptions from the public records and meetings
106	requirements provided by this section shall apply equally to the
107	same records and meetings when held by The Scripps Research
108	Institute or grantee.
109	(7)  At the time that any record or information made
110	confidential and exempt by this section, or portion thereof, is
111	legally available or subject to public disclosure for any other
112	reason, that record or information, or portion thereof, shall no
113	longer be confidential and exempt and shall be made available
114	for inspection and copying.
115	(8)  This section is subject to the Open Government Sunset
116	Review Act in accordance with s. 119.15 and shall stand repealed
117	on October 2, 2014 2009, unless reviewed and saved from repeal
118	through reenactment by the Legislature.
119	Section 3.  This act shall take effect October 1, 2009.

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