House Bill hb1541
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    Florida House of Representatives - 2001                HB 1541
        By the Committee on Economic Development & International
    Trade and Representatives Prieguez, Wilson, Meadows, Kilmer,
    Betancourt, Atwater, Benson, Carassas, Mahon, Pickens and
    Harper
  1                      A bill to be entitled
  2         An act relating to public records; amending s.
  3         288.075, F.S.; expanding the definition of the
  4         term "economic development agency" to include,
  5         for purposes of confidentiality of records, any
  6         public economic development agency of a county
  7         or a municipality; extending the scheduled
  8         repeal of a public records exemption for
  9         information concerning business location,
10         relocation, or expansion plans; providing for
11         future expiration and legislative review;
12         clarifying an exception to the confidentiality
13         provided by such exemption; authorizing public
14         officers or employees under specified
15         conditions to enter into agreements with a
16         business that has requested confidentiality;
17         authorizing an extension in the period of
18         confidentiality; increasing the period of
19         confidentiality for trade secrets; providing a
20         statement of public necessity; providing an
21         effective date.
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23  Be It Enacted by the Legislature of the State of Florida:
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25         Section 1.  Section 288.075, Florida Statutes, is
26  amended to read:
27         288.075  Confidentiality of records.--
28         (1)  As used in this section, the term "economic
29  development agency" means the Office of Tourism, Trade, and
30  Economic Development, any industrial development authority
31  created in accordance with part III of chapter 159 or by
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  1  special law, the Spaceport Florida Authority created in part
  2  II of chapter 331, the public economic development agency of a
  3  county or municipality that advises the county commission on
  4  the issuance of industrial revenue bonds of a county that does
  5  not have an industrial development authority created in
  6  accordance with part III of chapter 159 or by special law, or
  7  any research and development authority created in accordance
  8  with part V of chapter 159. The term also includes any private
  9  agency, person, partnership, corporation, or business entity
10  when authorized by the state, a municipality, or a county to
11  promote the general business interests or industrial interests
12  of the state or that municipality or county.
13         (2)  Upon written request from a private corporation,
14  partnership, or person, records of an economic development
15  agency which contain or would provide information concerning
16  plans, intentions, or interests of such private corporation,
17  partnership, or person to locate, relocate, or expand any of
18  its business activities in this state are confidential and
19  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
20  Constitution for 24 months after the date an economic
21  development agency receives a request for confidentiality or
22  until disclosed by an economic development agency pursuant to
23  subsection (4) or by the party requesting confidentiality
24  under this section. Confidentiality must be maintained until
25  the expiration of the 24-month period or until documents or
26  information are otherwise disclosed, whichever occurs first.
27  Any This confidentiality provided under this section does not
28  apply when any party petitions a court of competent
29  jurisdiction and, in the opinion of the court, proves need for
30  access to such documents. This exemption expires October 2,
31  2006 2001, and is subject to review by the Legislature under
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  1  the Open Government Sunset Review Act of 1995 in accordance
  2  with s. 119.15.
  3         (3)  This section does not waive any provision of
  4  chapter 120 or any other provision of law requiring a public
  5  hearing.
  6         (4)  A public officer or employee may not enter into a
  7  binding agreement with any corporation, partnership, or person
  8  who has requested confidentiality of information pursuant to
  9  this section, until 90 days after such information is made
10  public, unless such public officer or employee is acting in an
11  official capacity, the agreement does not accrue to the
12  personal benefit of such public officer or employee, and, in
13  the professional judgment of such officer or employee, the
14  agreement is necessary to effectuate an economic development
15  project.
16         (5)  An economic development agency may extend the
17  period of confidentiality specified in subsection (2) for up
18  to an additional 12 months upon written request from the
19  private corporation, partnership, or person who originally
20  requested confidentiality under this section and upon a
21  finding by the economic development agency that such private
22  corporation, partnership, or person is still actively
23  considering locating, relocating, or expanding its business
24  activities in this state. Such a request for an extension in
25  the period of confidentiality must be received prior to the
26  expiration of any confidentiality originally provided under
27  this section.
28         (6)  Notwithstanding the period of confidentiality
29  specified in subsection (2), trade secrets, as defined by s.
30  812.081, contained in the records of an economic development
31  agency relating to the plans, intentions, or interests of a
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  1  corporation, partnership, or person who has requested
  2  confidentiality pursuant to this section are confidential and
  3  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  4  Constitution for 10 years after the date an economic
  5  development agency receives a request for confidentiality or
  6  until otherwise disclosed, whichever occurs first. The 10-year
  7  period of confidentiality provided by this subsection does not
  8  apply to any portion of the records other than trade secrets
  9  as defined by s. 812.081.
10         (7)(5)  Any person who is an employee of an economic
11  development agency who violates the provisions of this section
12  commits is guilty of a misdemeanor of the second degree,
13  punishable as provided in s. 775.082 or s. 775.083.
14         Section 2.  The Legislature finds that it is a public
15  necessity that the confidentiality provided by section
16  288.075, Florida Statutes, for information on a business's
17  plans to locate, relocate, or expand its activities in this
18  state be broadened to include records of a county or a
19  municipal economic development agency which contain such
20  information. Many counties and municipalities in this state
21  operate public economic development offices that assist
22  businesses that are considering locating, relocating, or
23  expanding in this state. Confidentiality during the site
24  selection process is extremely important to businesses
25  because, among other reasons, disclosure of information
26  concerning the business's plans could provide competitors in
27  the marketplace with insights into the business's strategies
28  and finances, could cause employees of the business to leave
29  the organization in the face of uncertainty over the
30  business's future, or could cause the business to experience
31  inflated real estate prices as a result of speculation by
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  1  those hoping to sell property to the business. If county or
  2  municipal economic development agencies were unable to provide
  3  confidentiality for such information, businesses would be
  4  reluctant to consider such communities as potential sites for
  5  their job-creating and investment projects, thus depriving
  6  those communities of the potential economic benefits
  7  associated with such projects. The Legislature also finds that
  8  it is a public necessity that economic development agencies be
  9  authorized to extend the period of confidentiality because a
10  business's site selection process could take longer than the
11  24-month period currently provided by the public records
12  exemption, and the disclosure of information while the
13  business is still considering its site selection options could
14  jeopardize a viable economic development project, as well as
15  injure the business in the marketplace. In addition, the
16  Legislature finds that trade secrets, as defined by section
17  812.081, Florida Statutes, which are obtained by an economic
18  development agency during the site selection process merit a
19  longer period of confidentiality because the injury that would
20  occur to a business in the marketplace if its competitors
21  obtained such trade secrets is greater than the injury that
22  would occur from disclosure of other information concerning a
23  business's plans to locate, relocate, or expand its activities
24  in this state. The harm that would result from the release of
25  sensitive business information or from the impairment of the
26  effective administration of the state and local economic
27  development efforts far outweighs the public benefit derived
28  from release of such information.
29         Section 3.  This act shall take effect October 1, 2001.
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    Florida House of Representatives - 2001                HB 1541
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  2                          HOUSE SUMMARY
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      Extends the public records exemption for economic
  4    development agencies. Authorizes economic development
      agencies to extend 2-year periods of confidentiality for
  5    an additional year upon written request. Provides a
      10-year period of confidentiality for trade secrets.
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