Senate Bill sb0734c1

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    Florida Senate - 2006                            CS for SB 734

    By the Committees on Governmental Oversight and Productivity;
    and Commerce and Consumer Services




    585-2470-06

  1                      A bill to be entitled

  2         An act relating to a review under the Open

  3         Government Sunset Review Act; amending s.

  4         288.075, F.S., relating to an exemption from

  5         public-records requirements provided for

  6         information held by the Office of Tourism,

  7         Trade, and Economic Development, an industrial

  8         development authority, the Florida Space

  9         Authority, the Florida Aerospace Finance

10         Corporation, a public economic development

11         agency of a county or municipality, a research

12         and development authority, or a private agency

13         or other business entity authorized by the

14         state, a municipality, or a county to promote

15         certain business interests; restating

16         applicability of provisions relating to trade

17         secrets; deleting a provision authorizing a

18         court to allow access to such information under

19         certain circumstances; saving the exemption

20         from repeal under the Open Government Sunset

21         Review Act; deleting provisions providing for

22         the repeal of the exemption; providing an

23         effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

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27         Section 1.  Section 288.075, Florida Statutes, is

28  amended to read:

29         288.075  Confidentiality of records.--

30         (1)  As used in this section, the term "economic

31  development agency" means:

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    Florida Senate - 2006                            CS for SB 734
    585-2470-06




 1         (a)  The Office of Tourism, Trade, and Economic

 2  Development;,

 3         (b)  Any industrial development authority created in

 4  accordance with part III of chapter 159 or by special law;,

 5         (c)  The Florida Space Authority created in part II of

 6  chapter 331;,

 7         (d)  The Florida Aerospace Finance Corporation created

 8  in part III of chapter 331;,

 9         (e)  The public economic development agency of a county

10  or municipality;, or

11         (f)  Any research and development authority created in

12  accordance with part V of chapter 159; or. The term also

13  includes

14         (g)  Any private agency, person, partnership,

15  corporation, or business entity when authorized by the state,

16  a municipality, or a county to promote the general business

17  interests or industrial interests of the state or that

18  municipality or county.

19         (2)  Upon written request from a private corporation,

20  partnership, or person, records of an economic development

21  agency which contain or would provide information held by an

22  economic development agency concerning plans, intentions, or

23  interests of such private corporation, partnership, or person

24  to locate, relocate, or expand any of its business activities

25  in this state is are confidential and exempt from s. 119.07(1)

26  and s. 24(a), Art. I of the State Constitution for 12 24

27  months after the date an economic development agency receives

28  a request for confidentiality or until the disclosed by an

29  economic development agency pursuant to subsection (4) or by

30  the party requesting confidentiality under this section.

31  Confidentiality must be maintained until the expiration of the

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    Florida Senate - 2006                            CS for SB 734
    585-2470-06




 1  24-month period or until documents or information is are

 2  otherwise disclosed, whichever occurs first. Any

 3  confidentiality provided under this section does not apply

 4  when any party petitions a court of competent jurisdiction

 5  and, in the opinion of the court, proves need for access to

 6  such documents. This exemption expires October 2, 2006, and is

 7  subject to review by the Legislature under the Open Government

 8  Sunset Review Act of 1995 in accordance with s. 119.15.

 9         (3)  This section does not waive any provision of

10  chapter 120 or any other provision of law requiring a public

11  hearing.

12         (4)  A public officer or employee may not enter into a

13  binding agreement with any corporation, partnership, or person

14  who has requested confidentiality of information pursuant to

15  this section, until 90 days after such information is made

16  public, unless such public officer or employee is acting in an

17  official capacity, the agreement does not accrue to the

18  personal benefit of such public officer or employee, and, in

19  the professional judgment of such officer or employee, the

20  agreement is necessary to effectuate an economic development

21  project.

22         (3)(5)  An economic development agency may extend the

23  period of confidentiality specified in subsection (2) for up

24  to an additional 12 months upon written request from the

25  private corporation, partnership, or person who originally

26  requested confidentiality under this section and upon a

27  finding by the economic development agency that such private

28  corporation, partnership, or person is still actively

29  considering locating, relocating, or expanding its business

30  activities in this state. Such a request for an extension in

31  the period of confidentiality must be received prior to the

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    Florida Senate - 2006                            CS for SB 734
    585-2470-06




 1  expiration of any confidentiality originally provided under

 2  this section.

 3         (4)(6)  Notwithstanding the period of confidentiality

 4  specified in subsection (2), Trade secrets, as defined by s.

 5  812.081, contained in the records of an economic development

 6  agency relating to the plans, intentions, or interests of a

 7  corporation, partnership, or person who has requested

 8  confidentiality pursuant to this section are confidential and

 9  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

10  Constitution for 10 years after the date an economic

11  development agency receives a request for confidentiality or

12  until otherwise disclosed, whichever occurs first. The 10-year

13  period of confidentiality provided by this subsection does not

14  apply to any portion of the records other than trade secrets

15  as defined by s. 812.081.

16         (5)  A public officer or employee may not enter into a

17  binding agreement with any corporation, partnership, or person

18  who has requested confidentiality of information pursuant to

19  this section until 90 days after the information is made

20  public unless:

21         (a)  The public officer or employee is acting in an

22  official capacity;

23         (b)  The agreement does not accrue to the personal

24  benefit of such public officer or employee; and

25         (c)  In the professional judgment of the officer or

26  employee, the agreement is necessary to effectuate an economic

27  development project.

28         (6)(7)  Any person who is an employee of an economic

29  development agency who violates the provisions of this section

30  commits a misdemeanor of the second degree, punishable as

31  provided in s. 775.082 or s. 775.083.

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    Florida Senate - 2006                            CS for SB 734
    585-2470-06




 1         Section 2.  This act shall take effect October 1, 2006.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 734

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 6  Narrows the initial exemption period of 24-months to
    12-months, while retaining one 12-month extension option.
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