Florida Senate - 2016                                    SB 1354
       
       
        
       By Senator Smith
       
       31-01504-16                                           20161354__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         403.7032, F.S.; exempting from public records
    4         requirements trade secret information in annual
    5         recycling reports submitted by private businesses to a
    6         county; providing for future repeal and legislative
    7         review of the exemption; making technical changes;
    8         providing a statement of public necessity; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (3) of section 403.7032, Florida
   14  Statutes, is amended to read:
   15         403.7032 Recycling.—
   16         (3)(a) Each state agency, public institution of higher
   17  learning, community college, and state university, including all
   18  buildings that are occupied by municipal, county, or state
   19  employees and entities occupying buildings managed by the
   20  Department of Management Services, must, at a minimum, annually
   21  report annually all recycled materials to the county using the
   22  department’s designated reporting format.
   23         (b) Private businesses, other than certified recovered
   24  materials dealers, which that recycle paper, metals, glass,
   25  plastics, textiles, rubber materials, and mulch, are encouraged
   26  to report annually the amount of materials they recycle to the
   27  county annually beginning January 1, 2011, using the
   28  department’s designated reporting format.
   29         1. Using the information provided, the department shall
   30  recognize those private businesses that demonstrate outstanding
   31  recycling efforts.
   32         2. Notwithstanding any other provision of state or county
   33  law, private businesses, other than certified recovered
   34  materials dealers, are shall not be required to report recycling
   35  rates.
   36         3. Information reported under this paragraph which, if
   37  disclosed, would reveal a trade secret, as defined in s.
   38  812.081, is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   39  State Constitution. This subparagraph is subject to the Open
   40  Government Sunset Review Act in accordance with s. 119.15 and
   41  shall stand repealed on October 2, 2021, unless reviewed and
   42  saved from repeal through reenactment by the Legislature.
   43         (c) Municipalities Cities with less than a population of
   44  fewer than 2,500 and per capita taxable value less than $48,000
   45  and those and cities with a per capita taxable value less than
   46  $30,000 are exempt from the reporting requirement specified in
   47  this subsection.
   48         Section 2. The Legislature finds that it is a public
   49  necessity that information reported by a private recycling
   50  business which, if disclosed, would reveal a trade secret be
   51  exempt from public records requirements. This exemption is
   52  necessary to encourage businesses to report information relating
   53  to their recycling practices. Public disclosure of such
   54  proprietary information could result in a chilling effect on
   55  business participation in the program. Therefore, the
   56  Legislature declares that it is a public necessity that the
   57  information reported by private recycling businesses which, if
   58  disclosed, would reveal a trade secret be made exempt from
   59  public records requirements.
   60         Section 3. This act shall take effect October 1, 2016.