SENATE AMENDMENT
    Bill No. SB 484, 1st Eng.
    Amendment No. ___   Barcode 141760
                            CHAMBER ACTION
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11  Senator Diaz de la Portilla moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 26, through page 4, line 17, delete
15  those lines
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17  and insert:  
18         Section 1.  Section 288.075, Florida Statutes, is
19  amended to read:
20         288.075  Confidentiality of records.--
21         (1)  As used in this section, the term "economic
22  development agency" means the Office of Tourism, Trade, and
23  Economic Development, any industrial development authority
24  created in accordance with part III of chapter 159 or by
25  special law, the Spaceport Florida Authority created in part
26  II of chapter 331, the Florida Commercial Space Financing
27  Corporation created in part III of chapter 331, the public
28  economic development agency of a county or municipality that
29  advises the county commission on the issuance of industrial
30  revenue bonds of a county that does not have an industrial
31  development authority created in accordance with part III of
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SENATE AMENDMENT Bill No. SB 484, 1st Eng. Amendment No. ___ Barcode 141760 1 chapter 159 or by special law, or any research and development 2 authority created in accordance with part V of chapter 159. 3 The term also includes any private agency, person, 4 partnership, corporation, or business entity when authorized 5 by the state, a municipality, or a county to promote the 6 general business interests or industrial interests of the 7 state or that municipality or county. 8 (2) Upon written request from a private corporation, 9 partnership, or person, records of an economic development 10 agency which contain or would provide information concerning 11 plans, intentions, or interests of such private corporation, 12 partnership, or person to locate, relocate, or expand any of 13 its business activities in this state are confidential and 14 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 15 Constitution for 24 months after the date an economic 16 development agency receives a request for confidentiality or 17 until disclosed by an economic development agency pursuant to 18 subsection (4) or by the party requesting confidentiality 19 under this section. Confidentiality must be maintained until 20 the expiration of the 24-month period or until documents or 21 information are otherwise disclosed, whichever occurs first. 22 Any This confidentiality provided under this section does not 23 apply when any party petitions a court of competent 24 jurisdiction and, in the opinion of the court, proves need for 25 access to such documents. This exemption expires October 2, 26 2006 2001, and is subject to review by the Legislature under 27 the Open Government Sunset Review Act of 1995 in accordance 28 with s. 119.15. 29 (3) This section does not waive any provision of 30 chapter 120 or any other provision of law requiring a public 31 hearing. 2 3:44 PM 05/03/01 s0484.cm34.bb
SENATE AMENDMENT Bill No. SB 484, 1st Eng. Amendment No. ___ Barcode 141760 1 (4) A public officer or employee may not enter into a 2 binding agreement with any corporation, partnership, or person 3 who has requested confidentiality of information pursuant to 4 this section, until 90 days after such information is made 5 public, unless such public officer or employee is acting in an 6 official capacity, the agreement does not accrue to the 7 personal benefit of such public officer or employee, and, in 8 the professional judgment of such officer or employee, the 9 agreement is necessary to effectuate an economic development 10 project. 11 (5) An economic development agency may extend the 12 period of confidentiality specified in subsection (2) for up 13 to an additional 12 months upon written request from the 14 private corporation, partnership, or person who originally 15 requested confidentiality under this section and upon a 16 finding by the economic development agency that such private 17 corporation, partnership, or person is still actively 18 considering locating, relocating, or expanding its business 19 activities in this state. Such a request for an extension in 20 the period of confidentiality must be received prior to the 21 expiration of any confidentiality originally provided under 22 this section. 23 (6) Notwithstanding the period of confidentiality 24 specified in subsection (2), trade secrets, as defined by s. 25 812.081, contained in the records of an economic development 26 agency relating to the plans, intentions, or interests of a 27 corporation, partnership, or person who has requested 28 confidentiality pursuant to this section are confidential and 29 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 30 Constitution for 10 years after the date an economic 31 development agency receives a request for confidentiality or 3 3:44 PM 05/03/01 s0484.cm34.bb
SENATE AMENDMENT Bill No. SB 484, 1st Eng. Amendment No. ___ Barcode 141760 1 until otherwise disclosed, whichever occurs first. The 10-year 2 period of confidentiality provided by this subsection does not 3 apply to any portion of the records other than trade secrets 4 as defined by s. 812.081. 5 (7)(5) Any person who is an employee of an economic 6 development agency who violates the provisions of this section 7 commits is guilty of a misdemeanor of the second degree, 8 punishable as provided in s. 775.082 or s. 775.083. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, line 8, delete the word "abrogating" 14 15 and insert: 16 extending 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 3:44 PM 05/03/01 s0484.cm34.bb