Florida Senate - 2014                                     SB 808
       
       
        
       By Senator Galvano
       
       
       
       
       
       26-01041-14                                            2014808__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         548.062, F.S.; providing an exemption from public
    4         records requirements for the information in the
    5         reports required to be submitted to the Florida State
    6         Boxing Commission by a promoter; providing for future
    7         legislative review and repeal of the exemption;
    8         providing a statement of public necessity; providing a
    9         contingent effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 548.062, Florida Statutes, is created to
   14  read:
   15         548.062 Public records exemption.—
   16         (1) As used in this section, the term “proprietary
   17  confidential business information” means information that is
   18  held by the commission which is intended to be and is treated by
   19  the promoter providing such information as private in that the
   20  disclosure of the information would cause harm to the promoter
   21  or its business operations, and that has not been disclosed
   22  unless disclosed pursuant to a statutory provision, an order of
   23  a court or administrative body, or a private agreement that
   24  provides that the information will not be released to the
   25  public. The term includes, but is not limited to:
   26         (a) The number of ticket sales for a match.
   27         (b) The amount of gross receipts after a match.
   28         (c) Trade secrets.
   29         (d) Business plans.
   30         (e) Internal auditing controls and reports of internal
   31  auditors.
   32         (f) Security measures, systems, or procedures.
   33         (g) Information relating to competitive interests, the
   34  disclosure of which would impair the competitive business of the
   35  promoter providing the information.
   36         (2) Proprietary confidential business information provided
   37  in the written report required to be filed with the commission
   38  after a match pursuant to s. 548.06 is confidential and exempt
   39  from s. 119.07(1) and s. 24(a), Art. I of the State
   40  Constitution. Information made confidential and exempt by this
   41  subsection may be disclosed to another governmental entity in
   42  the performance of its duties and responsibilities.
   43         (3) This section is subject to the Open Government Sunset
   44  Review Act in accordance with s. 119.15 and shall stand repealed
   45  on October 2, 2019, unless reviewed and saved from repeal
   46  through reenactment by the Legislature.
   47         Section 2. The Legislature finds that it is a public
   48  necessity that proprietary confidential business information be
   49  protected from disclosure. The disclosure of proprietary
   50  confidential business information could injure a promoter in the
   51  marketplace by giving the promoter’s competitors insights into
   52  its financial status and business plan, thereby putting the
   53  promoter at a competitive disadvantage. The Legislature also
   54  finds that the harm to a promoter in disclosing proprietary
   55  confidential business information significantly outweighs any
   56  public benefit derived from disclosure of the information. For
   57  these reasons, the Legislature declares that any proprietary
   58  confidential business information provided in the written report
   59  that is required to be filed with the commission after a match
   60  pursuant to s. 548.06, Florida Statutes, is confidential and
   61  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   62  Article I of the State Constitution.
   63         Section 3. This act shall take effect on the same date that
   64  SB __ or similar legislation takes effect, if such legislation
   65  is adopted in the same legislative session or an extension
   66  thereof and becomes law.