Senate Bill 0814
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 814
By Senators Dyer, Latvala, Williams, Brown-Waite, Diaz-Balart
and Forman
14-780A-98
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 for information provided by a
5 stationary source subject to the Accidental
6 Release Prevention Program under the federal
7 Clean Air Act; providing an expiration date;
8 providing a finding of public necessity;
9 providing a contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. Section 252.943, Florida Statutes, is
14 created to read:
15 252.943 Public records.--
16 (1) Whenever Section 112(r) of the federal Clean Air
17 Act authorizes a stationary source subject to Section
18 112(r)(7) to exclude trade secret information from its Risk
19 Management Plan, the owner or operator shall furnish the
20 information so excluded to the State Hazardous Materials
21 Emergency Response Commission upon request. Such information
22 is confidential and exempt from the provisions of s.
23 119.07(1). The commission shall not disclose such information
24 except under a final determination by the Administrator of the
25 U.S. Environmental Protection Agency that such information is
26 not entitled to trade secret protection, or pursuant to an
27 order of court. This exemption is subject to the Open
28 Government Sunset Review Act in accordance with s. 119.15, and
29 expires on October 2, 2003, unless reviewed and reenacted by
30 the Legislature.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 814
14-780A-98
1 (2) Whenever Section 112(r) of the federal Clean Air
2 Act authorizes an owner or operator of a stationary source
3 subject to Section 112(r)(7) to elect to withhold from
4 disclosure specific information, such information is
5 confidential and exempt from the provisions of s. 119.07(1).
6 This exemption is subject to the Open Government Sunset Review
7 Act in accordance with s. 119.15, and expires on October 2,
8 2003, unless reviewed and reenacted by the Legislature.
9 (3) Any information that is provided to the Department
10 of Community Affairs, or its agent, in the process of
11 conducting an inspection, audit, or investigation which is
12 authorized under Section 112(r) for exemption from the
13 provisions of s. 119.07(1), is confidential and exempt from s.
14 119.07(1). This exemption is subject to the Open Government
15 Sunset Review Act in accordance with s. 119.15, and expires on
16 October 2, 2003, unless reviewed and reenacted by the
17 Legislature.
18 (4) The Department of Community Affairs, the State
19 Hazardous Materials Emergency Response Commission, and any
20 local emergency planning committee may fulfill requests for
21 public records under s. 119.07 for information electronically
22 submitted under this part or the Section 112(r)(7) Accidental
23 Release Prevention Program to the U.S. Environmental
24 Protection Agency's centralized database by referral to such
25 database or other reasonably accessible data collection
26 points. Upon request, the department, the commission, or the
27 committees shall furnish copies of public records not
28 available through electronic data collection points, and may
29 elect to furnish copies of public records which are available
30 through electronic data collection points. The department, the
31 commission, or the committees may charge a fee of up to $1 per
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SB 814
14-780A-98
1 page, per person, per year for over 10 pages of materials
2 copied.
3 Section 2. The Legislature finds that it is a public
4 necessity that information provided by a stationary source
5 subject to the Accidental Release Prevention Program under the
6 federal Clean Air Act be held confidential in order to protect
7 legitimate property rights associated with trade secrets while
8 allowing state officials to review and oversee Risk Management
9 Plans. Furthermore, the Legislature finds that disclosure of
10 the information is likely to cause substantial harm to the
11 competitive position of a stationary source.
12 Section 3. This act shall take effect on the effective
13 date of SB or similar legislation, relating to clean air,
14 and shall not take effect if that legislation does not become
15 a law.
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18 SENATE SUMMARY
19 Provides an exemption from public records disclosure
requirements for information provided by a stationary
20 source subject to the Accidental Release Prevention
Program under the federal Clean Air Act. Provides a
21 finding of public necessity and an expiration date.
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