November 17, 2019
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Senate Bill 2190

Senate Bill sb2190c1

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

    By the Committee on Governmental Oversight and Productivity;
    and Senator Bennett




    302-2434-04

  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         while in the possession of the person providing

15         it; 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  

                                  1

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    Florida Senate - 2004                           CS for SB 2190
    302-2434-04




 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)  The identity of a business that may be recruited

 6  and all negotiations to recruit a business to locate in

 7  Florida. This information becomes a public record at the

 8  conclusion or termination of the recruitment process and shall

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

10         (b)  Proprietary business information obtained from a

11  business entity, the disclosure of which would injure the

12  business in the marketplace, and material relating to methods

13  of manufacture or production, potential trade secrets,

14  patentable material, actual trade secrets as defined in

15  section 668.002, Florida Statutes, or proprietary information

16  received, generated, ascertained, or discovered during the

17  course of research conducted by or through the corporation.

18         (c)  The identity of a donor or potential donor who

19  requests to be anonymous.

20         (d)  Information received from another person in this

21  state which would be confidential or exempt from disclosure

22  while in that person's possession or information received from

23  a person from another state or nation or the Federal

24  Government which is otherwise exempt or confidential pursuant

25  to the laws of that state or nation or pursuant to federal

26  law.

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

28  directors of the Florida Alternative Energy Technology Center

29  during which information is presented or discussed which is

30  confidential and exempt from disclosure under subsection (1)

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

                                  2

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    Florida Senate - 2004                           CS for SB 2190
    302-2434-04




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

 2  Constitution.

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

 4  board meeting which is closed to the public under subsection

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

 6  transcriptions, or notes, are confidential and exempt from

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

 8  of the State Constitution.

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

10  information that is made exempt and confidential under this

11  section exclusively in the performance of public duties. A

12  public employee who receives this exempt and confidential

13  information must maintain the confidentiality of the

14  information. Any public employee receiving confidential

15  information who knowingly and willfully violates this

16  subsection commits a misdemeanor of the first degree,

17  punishable as provided by section 775.082 or section 775.083,

18  Florida Statutes.

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

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

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

22  unless reviewed and saved from repeal through reenactment by

23  the Legislature.

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

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

26  the use of renewable energy resources, energy conservation,

27  distributed generation, advanced transmission methods, and

28  pollution control. Both Florida and the United States in

29  general are overly dependent upon fossil fuels. Renewable

30  electric resources and energy conservation have the potential

31  to decrease this dependency, minimize the volatility of fuel

                                  3

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    Florida Senate - 2004                           CS for SB 2190
    302-2434-04




 1  costs, and improve environmental conditions. Distributed

 2  generation and enhancements to the transmission of electricity

 3  have the potential to make the supply of electricity more

 4  secure and decrease the likelihood and severity of blackouts.

 5  Research conducted in this state on these subjects can make

 6  Florida a leader in new and innovative technologies and

 7  encourage investment and economic development within the

 8  state.

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

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

11  held by the Florida Alternative Energy Technology Center be

12  made confidential and exempt from public disclosure. If

13  information relating to recruiting, proprietary business

14  information, and research information is not made

15  confidential, businesses participating in these activities

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

17  businesses will not be willing to participate in the

18  recruitment and location process or to share information on

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

20  state will lose the benefits of the economic development of

21  businesses relocating to Florida, of having advanced research

22  into alternative energy conducted in Florida, and of being

23  positioned to make maximum use of new developments in

24  alternative energy. The state university research system will

25  also lose the benefits of a coordinated alternative energy

26  research program involving private companies. Finally, because

27  some donors wish to remain anonymous and will not make

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

29  information must be made confidential.

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

31  that CS for CS for CS for Senate Bill 1316, or similar

                                  4

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    Florida Senate - 2004                           CS for SB 2190
    302-2434-04




 1  legislation takes effect, if such legislation is enacted in

 2  the same legislative session, or an extension thereof, and

 3  becomes law.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                             SB 2190

 7                                 

 8  Removes criteria by which the entity identifies a business for
    recruitment from the exemption.
 9  
    Expands definition of proprietary business information to
10  include material relating to methods of manufacture or
    production, potential trade secrets, patentable material,
11  actual trade secrets.

12  Provides that identity of donors or potential donors is exempt
    only if they request to be anonymous.
13  
    Protects information that is confidential or exempt pursuant
14  to the laws of another state, nation, or the Federal
    Government.
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                                  5

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