HB 1419

1	A bill to be entitled
2	An act relating to public records; providing definitions;
3	providing an exemption from public-records requirements
4	for confidential and proprietary business information and
5	trade secrets received by the Destination Resort
6	Commission; providing an exemption from public-records
7	requirements for information held that would reveal
8	investigation techniques and procedures used by the
9	Destination Resort Commission; providing a definition;
10	providing an exception to the exemption for other
11	governmental entities having oversight or regulatory or
12	law enforcement authority; providing penalties for an
13	employee of the commission who violates the provisions of
14	the act; providing for future review and repeal of the
15	exemption under the Open Government Sunset Review Act;
16	providing a statement of public necessity; providing a
17	contingent effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Confidentiality of records.-
22	(1)  DEFINITIONS.-As used in this section, the term:
23	(a)  "Proprietary confidential business information" means
24	information that is owned or controlled by an applicant for a
25	license or licensee under the Destination Resort Act who
26	requests confidentiality under this section; that is intended to
27	be and is treated by the applicant or licensee as private in
28	that the disclosure of the information would cause harm to the
29	business operations of the applicant or licensee; that has not
30	been disclosed unless disclosed pursuant to a statute or rule,
31	an order of a court or administrative body, or a private
32	agreement providing that the information may be released to the
33	public; and that is information concerning:
34	1.  Business plans;
35	2.  Internal auditing controls and reports of internal
36	auditors; or
37	3.  Reports of external auditors for privately held
38	companies.
39	(b)  "Trade secret" has the same meaning as in s. 688.002,
40	Florida Statutes.
41	(2)  TRADE SECRETS.-Trade secrets held by the Destination
42	Resort Commission are confidential and exempt from s. 119.07(1),
43	Florida Statutes, and s. 24(a), Article I of the State
44	Constitution.
45	(3)  PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.-
46	Proprietary confidential business information held by the
47	Destination Resort Commission is confidential and exempt from s.
48	119.07(1), Florida Statutes, and s. 24(a), Article I of the
49	State Constitution, until such information is otherwise publicly
50	available or is no longer treated by an applicant for a license
51	or a licensee under the Destination Resort Act as proprietary
52	confidential business information.
53	(4)  IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBERS.-A
54	federal employer identification number, unemployment
55	compensation account number, or Florida sales tax registration
56	number held by the Destination Resort Commission is confidential
57	and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
58	Article I of the State Constitution.
59	(5)  INVESTIGATION TECHNIQUES AND PROCEDURES.-
60	(a)  For purposes of this subsection, "investigation
61	techniques and procedures" are the methods, processes, and
62	guidelines used to evaluate regulatory compliance and to collect
63	and analyze data, records, and testimony for the purpose of
64	documenting violations of the Destination Resort Act and the
65	rules adopted thereunder.
66	(b)  Information that would reveal examination techniques
67	or procedures used by the Destination Resort Commission pursuant
68	to the Destination Resort Act is confidential and exempt from s.
69	119.07(1), Florida Statutes, and s. 24(a), Article I of the
70	State Constitution.
71	(c)  Confidential and exempt information that would reveal
72	examination techniques or procedures may be provided by the
73	commission to another governmental entity having oversight or
74	regulatory or law enforcement authority.
75	(6)  PENALTIES.-Any person who is an employee of the
76	Destination Resort Commission who violates the provisions of
77	this section commits a misdemeanor of the second degree,
78	punishable as provided in s. 775.082 or s. 775.083, Florida
79	Statutes.
80	(7)  LEGISLATIVE REVIEW OF EXEMPTIONS.-This section is
81	subject to the Open Government Sunset Review Act in accordance
82	with s. 119.15, Florida Statutes, and shall stand repealed on
83	October 2, 2016, unless reviewed and saved from repeal through
84	reenactment by the Legislature.
85	Section 2.  (1)  It is the finding of the Legislature that
86	it is a public necessity that information relating to
87	proprietary confidential business information and trade secrets
88	under the Destination Resort Act be made confidential and exempt
89	from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of
90	the State Constitution. This exemption is necessary to ensure
91	that the best qualified applicants are not deterred from
92	applying for licenses by the prospect of the disclosure of
93	proprietary confidential business information and trade secrets.
94	(2)  The Destination Resort Act provides for a competitive
95	process for the award of an destination resort license. The
96	selection of the best qualified applicant for a license is
97	critical for the state to ensure that the state receives the
98	most economic benefits and greatest amount of tax revenues in
99	granting a resort license.
100	(3)(a)  It is the finding of the Legislature that it is a
101	public necessity that information that would reveal
102	investigation techniques or procedures used by the Destination
103	Resort Commission pursuant to the Destination Resort Act be made
104	confidential and exempt from s. 119.07(1), Florida Statutes, and
105	s. 24(a), Article I of the State Constitution. This exemption is
106	necessary to ensure the commission's ability to effectively and
107	efficiently enforce compliance with the Destination Resort Act,
108	which would be significantly impaired without the exemption.
109	(b)  Investigations are an essential component of gaming
110	regulation. The mere existence of an investigation program
111	fosters regulatory compliance and deters fraud and abuse by
112	industry participants. Investigations often detect violations in
113	their early stages. Early detection allows corrective action to
114	be taken before significant harm can be done to the state. Due
115	to the importance of such investigations, state regulators
116	devote extensive resources to devising effective investigation
117	techniques and procedures.
118	(c)  Allowing access to information revealing investigation
119	techniques or procedures would undermine the investigation
120	process and facilitate evasion of the law. Any advance notice of
121	the areas of inquiry to be explored during an examination might
122	prompt a person to conceal evidence of deficiencies or fabricate
123	evidence of compliance. Without the exemption, the Destination
124	Resort Commission's ability to uncover misconduct and evaluate
125	policies and procedures through the investigation process would
126	be significantly impaired.
127	(d)  Additionally, without such an exemption, the
128	Destination Resort Commission's ability to participate in joint
129	investigations with other regulators would be impaired as
130	release of this information relating to investigations by other
131	regulators would compromise the integrity of such joint
132	investigations. The commission also would not be able to accept
133	or use confidential examination techniques and procedures
134	developed by other regulators. Thus, the absence of an exemption
135	would create a situation that reduces the commission's ability
136	to leverage its limited resources.
137	Section 3.  This act shall take effect on the same date
138	that HB 1415 or similar legislation takes effect, if such
139	legislation is enacted in the same legislative session, or an
140	extension thereof, and becomes law, and only if this act is
141	enacted by a two-thirds vote of the membership of each house of
142	the Legislature.

CODING: Words stricken are deletions; words underlined are additions.