ENROLLED
2024 Legislature SB 7078, 1st Engrossed






20247078er
1
2 An act relating to public records and meetings;
3 amending s. 381.915, F.S.; defining the term
4 “proprietary business information”; providing an
5 exemption from public records requirements for
6 proprietary business information included in cancer
7 research grant applications submitted to the Cancer
8 Connect Collaborative and records generated by the
9 collaborative relating to the review of such
10 information; providing an exemption from public
11 meeting requirements for portions of collaborative
12 meetings during which such proprietary business
13 information is discussed; requiring that the closed
14 portions of meetings be recorded; requiring the
15 collaborative to maintain such recordings; providing
16 an exemption from public records requirements for such
17 recordings; authorizing the disclosure of such
18 confidential and exempt information under certain
19 circumstances; providing for legislative review and
20 repeal of the exemptions; providing statements of
21 public necessity; providing a contingent effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Paragraph (j) is added to subsection (8) of
27 section 381.915, Florida Statutes, as amended by SB 7072, 2024
28 Regular Session, to read:
29 381.915 Casey DeSantis Cancer Research Program.—
30 (8) The Cancer Connect Collaborative, a council as defined
31 in s. 20.03, is created within the department to advise the
32 department and the Legislature on developing a holistic approach
33 to the state’s efforts to fund cancer research, cancer
34 facilities, and treatments for cancer patients. The
35 collaborative may make recommendations on proposed legislation,
36 proposed rules, best practices, data collection and reporting,
37 issuance of grant funds, and other proposals for state policy
38 relating to cancer research or treatment.
39 (j)1. As used in this paragraph, the term “proprietary
40 business information” means information that:
41 a. Is owned or controlled by the applicant;
42 b. Is intended to be private and is treated by the
43 applicant as private;
44 c. Has not been disclosed except as required by law or a
45 private agreement that provides that the information will not be
46 released to the public;
47 d. Is not readily available or ascertainable through proper
48 means from another source in the same configuration as received
49 by the collaborative;
50 e. Affects competitive interests, and the disclosure of
51 such information would impair the competitive advantage of the
52 applicant; and
53 f. Is explicitly identified or clearly marked as
54 proprietary business information.
55 2. Proprietary business information held by the department
56 or the collaborative is confidential and exempt from s.
57 119.07(1) and s. 24(a), Art. I of the State Constitution. This
58 exemption does not apply to information contained in final
59 recommendations of the collaborative.
60 3. Portions of a meeting of the collaborative during which
61 confidential and exempt proprietary business information is
62 discussed are exempt from s. 286.011 and s. 24(b), Art. I of the
63 State Constitution. The closed portion of a meeting must be
64 recorded, and the recording must be maintained by the
65 collaborative. The recording is confidential and exempt from s.
66 119.07(1) and s. 24(a), Art. I of the State Constitution.
67 4.a. Proprietary business information made confidential and
68 exempt under subparagraph 2. may be disclosed with the express
69 written consent of the applicant to whom the information
70 pertains, or the applicant’s legally authorized representative,
71 or pursuant to a court order upon a showing of good cause.
72 b. Recordings of those portions of exempt meetings which
73 are made confidential and exempt under subparagraph 3. may be
74 disclosed to the department or pursuant to a court order upon a
75 showing of good cause.
76 5. This paragraph is subject to the Open Government Sunset
77 Review Act in accordance with s. 119.15 and shall stand repealed
78 on October 2, 2029, unless reviewed and saved from repeal
79 through reenactment by the Legislature.
80 Section 2. (1) The Legislature finds that it is a public
81 necessity that proprietary business information held by the
82 Department of Health or the Cancer Connect Collaborative be made
83 confidential and exempt from s. 119.07(1), Florida Statutes, and
84 s. 24(a), Article I of the State Constitution. The Legislature
85 recognizes that the public disclosure of proprietary business
86 information could injure an applicant’s business interests and
87 research efforts and stifle scientific innovation. Maintaining
88 confidentiality is a hallmark of scientific peer review when
89 awarding research grants. The Legislature further finds that any
90 public benefit derived from the disclosure of such information
91 is significantly outweighed by the public and private harm that
92 could result from the disclosure of such proprietary business
93 information. Further, release of such information could impair
94 the effective and efficient administration of the grant program.
95 (2) The Legislature also finds that it is a public
96 necessity that the portions of meetings of the Cancer Connect
97 Collaborative during which confidential and exempt proprietary
98 business information is discussed be made exempt from s.
99 286.011, Florida Statutes, and s. 24(b), Article I of the State
100 Constitution. If such portions of meetings are not closed, the
101 public records exemption is negated. Furthermore, closing
102 meetings during such discussions allows for candid exchanges
103 among reviewers critiquing applications. The Legislature further
104 finds that closing access to the portions of meetings of the
105 collaborative during which proprietary business information of
106 grant applications is discussed serves a public good by ensuring
107 that decisions are based upon merit without bias or undue
108 influence. The Legislature also finds that it is a public
109 necessity that recordings of exempt portions of meetings be made
110 confidential and exempt from s. 119.07(1), Florida Statutes, and
111 s. 24(a), Article I of the State Constitution, because release
112 of such recordings circumvents the protections afforded by the
113 public meeting exemption.
114 Section 3. This act shall take effect on the same date that
115 SB 7072 or similar legislation takes effect, if such legislation
116 is adopted in the same legislative session or an extension
117 thereof and becomes a law.