| 1 | A bill to be entitled |
| 2 | An act relating to a review under the Open Government |
| 3 | Sunset Review Act regarding the tobacco settlement |
| 4 | agreement; amending s. 569.215, F.S., which provides an |
| 5 | exemption from public records requirements for proprietary |
| 6 | confidential business information received by the |
| 7 | Governor, the Attorney General, or outside counsel |
| 8 | representing the State of Florida in negotiations for |
| 9 | settlement payments pursuant to the settlement agreement |
| 10 | in the case of State of Florida et al. v. American Tobacco |
| 11 | Company et al., or received by the Chief Financial Officer |
| 12 | or the Auditor General for any purpose relating to |
| 13 | verifying settlement payments made pursuant to the |
| 14 | settlement agreement; clarifying the definition of "trade |
| 15 | secrets" for purposes of the exemption; making editorial |
| 16 | changes; removing the scheduled repeal of the exemption; |
| 17 | providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Section 569.215, Florida Statutes, is amended |
| 22 | to read: |
| 23 | 569.215 Confidential records relating to tobacco |
| 24 | settlement agreement.-- |
| 25 | (1) Proprietary confidential business information received |
| 26 | by the Governor, the Attorney General, or outside counsel |
| 27 | representing the State of Florida in negotiations for settlement |
| 28 | payments pursuant to the settlement agreement, as amended, in |
| 29 | the case of State of Florida et al. v. American Tobacco Company |
| 30 | et al., No. 95-1466AH, in the Circuit Court of the Fifteenth |
| 31 | Judicial Circuit, in and for Palm Beach County, or received by |
| 32 | the Chief Financial Officer or the Auditor General for any |
| 33 | purpose relating to verifying settlement payments made pursuant |
| 34 | to the settlement agreement is confidential and exempt from the |
| 35 | provisions of s. 119.07(1) and s. 24(a) of Art. I of the State |
| 36 | Constitution. Any state or federal agency that is authorized to |
| 37 | have access to such documents by any provision of law shall be |
| 38 | granted such access in furtherance of such agency's statutory |
| 39 | duties, notwithstanding the provisions of this section. |
| 40 | Proprietary confidential business information received under |
| 41 | this section shall not retain its confidential and exempt status |
| 42 | if that information is made public, including publicizing such |
| 43 | information in a Securities and Exchange Commission filing, an |
| 44 | annual financial statement, or other document or means. This |
| 45 | exemption is subject to the Open Government Sunset Review Act of |
| 46 | 1995 in accordance with s. 119.15, and shall stand repealed on |
| 47 | October 2, 2006, unless reviewed and saved from repeal through |
| 48 | reenactment by the Legislature. |
| 49 | (2) As used in this section, the term "proprietary |
| 50 | confidential business information" means information, regardless |
| 51 | of form or characteristics, which is owned or controlled by a |
| 52 | tobacco company that is a signatory to the settlement agreement, |
| 53 | as amended, in the case of State of Florida et al. v. American |
| 54 | Tobacco Company et al., No. 95-1466AH, in the Circuit Court of |
| 55 | the Fifteenth Judicial Circuit, in and for Palm Beach County, is |
| 56 | intended to be and is treated by a tobacco company as private in |
| 57 | that the disclosure of the information would cause harm to the |
| 58 | company's business operations, and has not been disclosed unless |
| 59 | disclosed pursuant to a statutory provision, an order of a court |
| 60 | or administrative body, or private agreement that provides that |
| 61 | the information will not be released to the public. The term |
| 62 | includes, but is not limited to: |
| 63 | (a) Trade secrets as defined in s. 688.002. |
| 64 | (b) Information in a Form 10-K that is confidential |
| 65 | pursuant to an order of the Division of Corporation Finance of |
| 66 | the Securities and Exchange Commission. |
| 67 | (c) Internal auditing control policies and procedures and |
| 68 | reports of internal auditors. |
| 69 | (d) Financial operating and marketing information prepared |
| 70 | in the ordinary course of business, the disclosure of which |
| 71 | could impair the competitive business of the provider of |
| 72 | information. |
| 73 | (e) Financial statements, which consist of balance sheets, |
| 74 | statements of income and cash flows, and notes related thereto, |
| 75 | of any subsidiary that is part of a consolidated group and |
| 76 | engaged in the production or sale of tobacco products. |
| 77 | (f) Report letters from independent auditors relating to |
| 78 | domestic operating company income. |
| 79 | (g) Analyses of specific items of revenue and expense |
| 80 | included in operating profit and extraordinary items. As used in |
| 81 | this paragraph, the term "extraordinary items" consists of one- |
| 82 | time tobacco litigation settlement costs and restructuring |
| 83 | charges. |
| 84 | (h) Working papers, schedules, analyses, and |
| 85 | reconciliations prepared by company personnel for the purpose of |
| 86 | clarifying the disclosures of domestic tobacco revenues and |
| 87 | operating profit contained in financial statements or other |
| 88 | information related to the sale or production of tobacco |
| 89 | products. |
| 90 | Section 2. This act shall take effect October 1, 2006. |