House Bill 3705c2

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 1998          CS/CS/HB 3705

        By the Committees on Governmental Operations,
    Environmental Protection and Representatives Edwards,
    Burroughs, Dockery and Mackey




  1                      A bill to be entitled

  2         An act relating to public records; creating s.

  3         252.943, F.S.; providing an exemption from

  4         public records requirements for trade secrets

  5         information of a stationary source subject to

  6         the Accidental Release Prevention Program,

  7         which is required to be protected from

  8         disclosure under the federal Clean Air Act;

  9         providing for future review and repeal;

10         providing a finding of public necessity;

11         providing a contingent effective date.

12

13  Be It Enacted by the Legislature of the State of Florida:

14

15         Section 1.  Section 252.943, Florida Statutes, is

16  created to read:

17         252.943  Public records.--

18         (1)  When the Department of Community Affairs is

19  required to protect records, reports, or information or a

20  particular part thereof (other than release or emissions data)

21  contained in a Risk Management Plan from public disclosure

22  pursuant to Sections 112(r) and 114(c) of the federal Clean

23  Air Act and authorities cited therein, based upon a showing

24  satisfactory to the Administrator of the United States

25  Environmental Protection Agency by any owner or operator of a

26  stationary source subject to the Accidental Release Prevention

27  Program that public release of such records, reports, or

28  information would divulge methods or processes entitled to

29  protection as trade secrets defined in 40 C.F.R. part II,

30  subpart B, such records, reports, or information is

31  confidential and exempt from the provisions of s. 119.07(1)

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 3705

    192-984-98






  1  and s. 24(a), Art. I of the State Constitution.  Such

  2  information shall not be disclosed except under a final

  3  determination by the Administrator of the United States

  4  Environmental Protection Agency that such records, reports, or

  5  information is not entitled to trade secret protection, or

  6  pursuant to an order of court.  This exemption is subject to

  7  the Open Government Sunset Review Act in accordance with s.

  8  119.15, and expires on October 2, 2003, unless reviewed and

  9  reenacted by the Legislature.

10         (2)  When the department is required to protect

11  records, reports, or information or a particular part thereof

12  (other than release or emissions data) obtained from an

13  investigation, inspection, or audit from public disclosure

14  pursuant to Sections 112(r) and 114(c) of the federal Clean

15  Air Act and authorities cited therein, based upon a showing

16  satisfactory to the Administrator of the United States

17  Environmental Protection Agency by any owner or operator of a

18  stationary source subject to the Accidental Release Prevention

19  Program that public release of such records, reports, or

20  information would divulge methods or processes entitled to

21  protection as trade secrets defined in 40 C.F.R. part II,

22  subpart B, such records, reports, or information is

23  confidential and exempt from the provisions of s. 119.07(1)

24  and s. 24(a), Art. I of the State Constitution. Such records,

25  reports, or information shall not be disclosed except under a

26  final determination by the Administrator of the United States

27  Environmental Protection Agency that such records, reports, or

28  information is not entitled to trade secret protection, or

29  pursuant to an order of court.  This exemption is subject to

30  the Open Government Sunset Review Act in accordance with s.

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998          CS/CS/HB 3705

    192-984-98






  1  119.15, and expires on October 2, 2003, unless reviewed and

  2  reenacted by the Legislature.

  3         Section 2.  The Legislature finds that it is a public

  4  necessity that trade secret information provided by the owner

  5  or operator of a stationary source subject to the Accidental

  6  Release Prevention Program under the federal Clean Air Act be

  7  held confidential and exempt in order to protect the

  8  legitimate property interests associated with trade secrets

  9  while allowing state officials to review and oversee risk

10  management plans and conduct necessary investigations,

11  inspections, or audits.  Furthermore, the Legislature finds

12  that disclosure of trade secret information is likely to cause

13  substantial harm to the competitive position of the owner or

14  operator of a stationary source.

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

16  as Committee Substitute for Committee Substitute for House

17  Bill 3717 or similar legislation takes effect, if such

18  legislation is adopted in the same legislative session or an

19  extension thereof.

20

21

22

23

24

25

26

27

28

29

30

31

                                  3