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CS/CS/HB 1085 — Public Records/Natural Gas Storage Facility Permit

by State Affairs Committee; Agriculture and Natural Resources Subcommittee; and Rep. Eagle and others (CS/CS/SB 984 by Governmental Oversight and Accountability Committee; Environmental Preservation and Conservation Committee; and Senators Richter and Smith)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Environmental Preservation and Conservation Committee (EP)

The bill provides legislative findings related to the public records exemption and creates s. 377.24075, F.S., to provide that “proprietary business information” related to underground natural gas storage is exempt from the public records requirements of s. 119.15, F.S. The bill defines “proprietary business information” as information that:

  • Is owned or controlled by the applicant or person affiliated with the applicant;
  • Is intended to be private and is treated by the applicant as private;
  • Has not been disclosed except as required by law or private agreement; and
  • Is not publicly available. 

The bill specifies that “proprietary business information” includes:

  • Trade secrets;
  • Leasing plans, real property acquisition plans, exploration budgets, or marketing studies; and
  • Competitive interests, which may include well design, completion plans, geologic and engineering studies, utilization strategies, or operating plans. 

If approved by the Governor, these provisions take effect July 1, 2013.

Vote: Senate 36-1; House 97-16