November 11, 2019
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Senate Bill 2190

Senate Bill sb2190

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2190

    By Senator Bennett





    21-1701A-04

  1                      A bill to be entitled

  2         An act relating to public records and meetings;

  3         creating an exemption from public records and

  4         public meetings requirements for certain

  5         information held by the Florida Alternative

  6         Energy Technology Center; exempting specified

  7         information relating to the recruitment of a

  8         business to locate in Florida and proprietary

  9         business information from public records

10         requirements; exempting the identity of donors

11         or potential donors from public records

12         requirements; creating an exemption from

13         disclosure for information that is confidential

14         in the possession of the person providing it;

15         creating an exemption from public meetings

16         requirements for meetings of the governing

17         board of directors of the Florida Alternative

18         Energy Technology Center at which confidential

19         records are presented or discussed; authorizing

20         access to exempt or confidential information

21         under specified circumstances; providing a

22         penalty; providing for future legislative

23         review and repeal; providing a statement of

24         public necessity; providing a contingent

25         effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Exemptions from public records and meetings

30  requirements; Florida Alternative Energy Technology Center.--

31  

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    Florida Senate - 2004                                  SB 2190
    21-1701A-04




 1         (1)  The following information held by the Florida

 2  Alternative Energy Technology Center is confidential and

 3  exempt from section 119.07(1), Florida Statutes, and Section

 4  24, Article I of the State Constitution:

 5         (a)  Criteria used to identify a business for

 6  recruitment to locate in Florida.

 7         (b)  The identity of a business that may be recruited

 8  and all negotiations to recruit a business to locate in

 9  Florida. This information becomes a public record at the

10  conclusion or termination of the recruitment process and shall

11  be made available for inspection and copying at that time.

12         (c)  Proprietary business information obtained from a

13  business entity, the disclosure of which would injure the

14  business in the marketplace.

15         (d)  The identity of donors or potential donors.

16         (e)  Information received from another person which

17  would be confidential and exempt from disclosure while in that

18  person's possession.

19         (2)  That portion of a meeting of the board of

20  directors of the Florida Alternative Energy Technology Center

21  during which information is presented or discussed which is

22  confidential and exempt from disclosure under subsection (1)

23  is closed to the public and exempt from section 286.011,

24  Florida Statutes, and Section 24(b), Article I of the State

25  Constitution.

26         (3)  Any records generated during that portion of any

27  board meeting which is closed to the public under subsection

28  (2), such as minutes, tape recordings, videotapes,

29  transcriptions, or notes, are confidential and exempt from

30  section 119.07(1), Florida Statutes, and Section 24, Article I

31  of the State Constitution.

                                  2

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    Florida Senate - 2004                                  SB 2190
    21-1701A-04




 1         (4)  A public employee may inspect and copy records or

 2  information that is made exempt and confidential under this

 3  section exclusively in the performance of public duties. A

 4  public employee who receives this exempt and confidential

 5  information must maintain the confidentiality of the

 6  information. Any public employee receiving confidential

 7  information who violates this subsection commits a misdemeanor

 8  of the first degree, punishable as provided by section 775.082

 9  or section 775.083, Florida Statutes.

10         (5)  This section is subject to the Open Government

11  Sunset Review Act of 1995 in accordance with section 119.15,

12  Florida Statutes, and shall stand repealed on October 2, 2009,

13  unless reviewed and saved from repeal through reenactment by

14  the Legislature.

15         Section 2.  (1)  The Legislature finds that it is in

16  the public interest to promote, in this state, research on and

17  the use of renewable energy resources, energy conservation,

18  distributed generation, advanced transmission methods, and

19  pollution control. Both Florida and the United States in

20  general are overly dependent upon fossil fuels. Renewable

21  electric resources and energy conservation have the potential

22  to decrease this dependency, minimize the volatility of fuel

23  costs, and improve environmental conditions. Distributed

24  generation and enhancements to the transmission of electricity

25  have the potential to make the supply of electricity more

26  secure and decrease the likelihood and severity of blackouts.

27  Research conducted in this state on these subjects can make

28  Florida a leader in new and innovative technologies and

29  encourage investment and economic development within the

30  state.

31  

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    Florida Senate - 2004                                  SB 2190
    21-1701A-04




 1         (2)  The Legislature finds that in order to achieve

 2  these benefits, it is a public necessity that certain records

 3  held by the Florida Alternative Energy Technology Center be

 4  made confidential and exempt from public disclosure. If

 5  information relating to recruiting, proprietary business

 6  information, and research information is not made

 7  confidential, businesses participating in these activities

 8  will be put at a competitive disadvantage. As a result, these

 9  businesses will not be willing to participate in the

10  recruitment and location process or to share information on

11  research needs, ongoing research, or research results. The

12  state will lose the benefits of the economic development of

13  businesses relocating to Florida, of having advanced research

14  into alternative energy conducted in Florida, and of being

15  positioned to make maximum use of new developments in

16  alternative energy. The state university research system will

17  also lose the benefits of a coordinated alternative energy

18  research program involving private companies. Finally, because

19  some donors wish to remain anonymous and will not make

20  donations if their identity is not protected, donor-identity

21  information must be made confidential.

22         Section 3.  This act shall take effect on the same date

23  that Senate Bill 1316, or similar legislation takes effect, if

24  such legislation is enacted in the same legislative session,

25  or an extension thereof, and becomes law.

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    Florida Senate - 2004                                  SB 2190
    21-1701A-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Exempts from public records requirements certain
      information held by the Florida Alternative Energy
 4    Technology Center which relates to business recruitment,
      proprietary business information, or donor identity.
 5    Exempts from public meeting requirements meetings of the
      governing board of directors of the center at which
 6    confidential records are presented or discussed. Provides
      a penalty for unauthorized disclosure of confidential
 7    information. Provides for future review and repeal under
      the Open Government Sunset Review Act of 1995.
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