HB 1027 2003
1	A bill to be entitled
2	An act relating to a public records exemption for certain
3	records, reports, or information containing trade secret
4	information held by the Department of Community Affairs;
5	amending s. 252.943, F.S., relating to the exemptions from
6	public records requirements for specified records,
7	reports, or information contained in a risk management
8	plan required pursuant to, and obtained from an
9	investigation, inspection, or audit under, the Florida
10	Accidental Release Prevention and Risk Management Planning
11	Act, to remove the October 2, 2003, repeal thereof
12	scheduled pursuant to the Open Government Sunset Review
13	Act of 1995; making editorial changes; providing
14	clarifying language; providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Notwithstanding the October 2, 2003, repeal of
19	said subsections scheduled pursuant to the Open Government
20	Sunset Review Act of 1995, subsections (1) and (2) of section
21	252.943, Florida Statutes, are amended to read:
22	252.943 Public records.--
23	(1) TheWhen the Department of Community Affairs shallis
24	required toprotect records, reports, or information or
25	particular parts thereof, other than release or emissions data,
26	contained in a risk management plan from public disclosure
27	pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act
28	and authorities cited therein, based upon a showing satisfactory
29	to the Administrator of the United States Environmental
30	Protection Agency,by any owner or operator of a stationary
31	source subject to the Accidental Release Prevention Program,
32	that public release of such records, reports, or information
33	would divulge methods or processes entitled to protection as
34	trade secrets as provided fordefined in 40 C.F.R. part 2II,
35	subpart B., Such records, reports, or information held by the
36	departmentare confidential and exempt from the provisions of s.
37	119.07(1) and s. 24(a), Art. I of the State Constitution,
38	unless. Such information may not be disclosed except undera
39	final determination has been madeby the Administrator of the
40	Environmental Protection Agency that such records, reports, or
41	information are not entitled to trade secret protection, or
42	pursuant to an order of court. This exemption is subject to the
43	Open Government Sunset Review Act in accordance with s. 119.15,
44	and expires on October 2, 2003, unless reviewed and reenacted by
45	the Legislature.
46	(2) TheWhen the department shall is required toprotect
47	records, reports, or information or particular parts thereof,
48	other than release or emissions data, obtained from an
49	investigation, inspection, or audit from public disclosure
50	pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act
51	and authorities cited therein, based upon a showing satisfactory
52	to the Administrator of the United States Environmental
53	Protection Agency,by any owner or operator of a stationary
54	source subject to the Accidental Release Prevention Program,
55	that public release of such records, reports, or information
56	would divulge methods or processes entitled to protection as
57	trade secrets as provided fordefined in 40 C.F.R. part 2II,
58	subpart B., Such records, reports, or information held by the
59	departmentare confidential and exempt from the provisions of s.
60	119.07(1) and s. 24(a), Art. I of the State Constitution,
61	unless. Such records, reports, or information may not be
62	disclosed except under a final determination has beenmade by
63	the Administrator of the Environmental Protection Agency that
64	such records, reports, or information are not entitled to trade
65	secret protection, or pursuant to an order of court. This
66	exemption is subject to the Open Government Sunset Review Act in
67	accordance with s. 119.15, and expires on October 2, 2003,
68	unless reviewed and reenacted by the Legislature.
69	Section 2. This act shall take effect October 1, 2003.