| 1 | A bill to be entitled | 
| 2 | An act relating to public records; creating s. 332.16, | 
| 3 | F.S.; providing definitions; providing an exemption from | 
| 4 | public records requirements for proprietary confidential | 
| 5 | business information and trade secrets held by a public | 
| 6 | airport and for any proposal or counterproposal exchanged | 
| 7 | between a public airport and a nongovernmental entity | 
| 8 | relating to the sale, use, development, or lease of | 
| 9 | airport facilities; providing for expiration of the | 
| 10 | exemptions; providing for future legislative review and | 
| 11 | repeal of the exemptions under the Open Government Sunset | 
| 12 | Review Act; providing a finding of public necessity; | 
| 13 | providing an effective date. | 
| 14 | 
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| 15 | Be It Enacted by the Legislature of the State of Florida: | 
| 16 | 
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| 17 | Section 1.  Section 332.16, Florida Statutes, is created to | 
| 18 | read: | 
| 19 | 332.16  Public record exemptions.- | 
| 20 | (1)  DEFINITIONS.-As used in this section, the term: | 
| 21 | (a)  "Airport facilities" means airports, buildings, | 
| 22 | structures, terminal buildings, parking garages and lots, | 
| 23 | hangars, land, warehouses, shops, hotels, other aviation | 
| 24 | facilities of any kind or nature, or any other facility of any | 
| 25 | kind or nature related to or connected with a public airport and | 
| 26 | other aviation facility that a public airport is authorized by | 
| 27 | law to construct, acquire, own, lease, or operate, together with | 
| 28 | all fixtures, equipment, and property, real or personal, | 
| 29 | tangible or intangible, necessary, appurtenant, or incidental | 
| 30 | thereto. | 
| 31 | (b)  "Governing body" means the board or body in which the | 
| 32 | general legislative powers of a public airport is vested. | 
| 33 | (c)  "Proprietor" means a self-employed individual, | 
| 34 | proprietorship, corporation, partnership, limited partnership, | 
| 35 | firm, enterprise, franchise, association, trust, or business | 
| 36 | entity, whether fictitiously named or not, authorized to do or | 
| 37 | doing business in this state, including its respective | 
| 38 | authorized officer, employee, agent, or successor in interest, | 
| 39 | which controls or owns the proprietary confidential business | 
| 40 | information provided to a public airport. | 
| 41 | (d)  "Proprietary confidential business information" means | 
| 42 | information that is owned or controlled by the proprietor | 
| 43 | requesting confidentiality under this section; that is intended | 
| 44 | to be and is treated by the proprietor as private in that the | 
| 45 | disclosure of the information would cause harm to the business | 
| 46 | operations of the proprietor; that has not been disclosed unless | 
| 47 | disclosed pursuant to a statutory provision, an order of a court | 
| 48 | or administrative body, or a private agreement providing that | 
| 49 | the information may be released to the public; and that is | 
| 50 | information concerning: | 
| 51 | 1.  Business plans. | 
| 52 | 2.  Internal auditing controls and reports of internal | 
| 53 | auditors. | 
| 54 | 3.  Reports of external auditors for privately held | 
| 55 | companies. | 
| 56 | 4.  Client and customer lists. | 
| 57 | 5.  Potentially patentable material. | 
| 58 | 6.  Business transactions; however, business transactions | 
| 59 | do not include those transactions between a proprietor and a | 
| 60 | public airport. | 
| 61 | 7.  Financial information of the proprietor. | 
| 62 | (e)  "Public airport" has the same meaning as provided in | 
| 63 | s. 330.27 and includes areas defined in s. 332.01(3). | 
| 64 | (f)  "Trade secrets" has the same meaning as in s. 688.002. | 
| 65 | (2)  PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.- | 
| 66 | Proprietary confidential business information held by a public | 
| 67 | airport is confidential and exempt from s. 119.07(1) and s. | 
| 68 | 24(a), Art. I of the State Constitution, until such information | 
| 69 | is otherwise publicly available or is no longer treated by the | 
| 70 | proprietor as proprietary confidential business information. | 
| 71 | (3)  TRADE SECRETS.-Trade secrets held by a public airport | 
| 72 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. | 
| 73 | I of the State Constitution. | 
| 74 | (4)  SALE, USE, DEVELOPMENT, OR LEASE OF AIRPORT | 
| 75 | FACILITIES.-Any proposal or counterproposal exchanged between a | 
| 76 | public airport and a nongovernmental entity relating to the | 
| 77 | sale, use, development, or lease of airport facilities is exempt | 
| 78 | from s. 119.07(1) and s. 24(a), Art. I of the State | 
| 79 | Constitution. However, any such proposal or counterproposal | 
| 80 | shall cease to be exempt upon approval by the governing body of | 
| 81 | a public airport. If no proposal or counterproposal is submitted | 
| 82 | to the governing body for approval, such proposal or | 
| 83 | counterproposal shall cease to be exempt 90 days after the | 
| 84 | cessation of negotiations between the public airport and the | 
| 85 | nongovernmental entity. | 
| 86 | (5)  LEGISLATIVE REVIEW.-This section is subject to the | 
| 87 | Open Government Sunset Review Act in accordance with s. 119.15, | 
| 88 | and shall stand repealed on October 2, 2016, unless reviewed and | 
| 89 | saved from repeal through reenactment by the Legislature. | 
| 90 | Section 2.  (1)  The Legislature finds that it is a public | 
| 91 | necessity that trade secrets and proprietary confidential | 
| 92 | business information, including business plans, internal | 
| 93 | auditing controls and reports of internal auditors, reports of | 
| 94 | external auditors for privately held companies, client and | 
| 95 | customer lists, potentially patentable material, certain | 
| 96 | business transactions, and financial information of the | 
| 97 | proprietor be made confidential and exempt from s. 119.07(1), | 
| 98 | Florida Statutes, and s. 24(a), Article I of the State | 
| 99 | Constitution. Trade secrets and proprietary confidential | 
| 100 | business information derive independent economic value, actual | 
| 101 | or potential, from not being generally known to, and not being | 
| 102 | readily ascertainable by, other persons who could obtain | 
| 103 | economic value from its disclosure or use. An airport, in | 
| 104 | performing its lawful duties and responsibilities, may need to | 
| 105 | obtain from a proprietor trade secrets or proprietary | 
| 106 | confidential business information. Without an exemption from | 
| 107 | public records requirements, trade secrets and proprietary | 
| 108 | confidential business information held by an airport become a | 
| 109 | public record and must be divulged upon request. Divulging the | 
| 110 | trade secret or proprietary confidential business information | 
| 111 | would destroy the value of that property to the proprietor, | 
| 112 | causing a financial loss not only to the proprietor, but also to | 
| 113 | the airport and to the state and local governments due to a loss | 
| 114 | of tax revenue and employment opportunities for residents. | 
| 115 | Release of that information would give business competitors an | 
| 116 | unfair advantage and would injure the affected entity in the | 
| 117 | marketplace. Thus, the Legislature finds that it is a public | 
| 118 | necessity that trade secrets and proprietary confidential | 
| 119 | business information held by a public airport be made | 
| 120 | confidential and exempt from public records requirements. | 
| 121 | (2)  The Legislature also finds that it is a public | 
| 122 | necessity that any proposal or counterproposal exchanged between | 
| 123 | a nongovernmental entity and any public airport listed in s. | 
| 124 | 330.27, Florida Statutes, which includes areas defined in s. | 
| 125 | 332.01(3), Florida Statutes, relating to the sale, use, or lease | 
| 126 | of land or airport facilities, be made exempt from public | 
| 127 | records requirements until approved by the governing body of the | 
| 128 | airport. Proposals and counterproposals submitted to an airport | 
| 129 | contain sensitive and confidential business and financial | 
| 130 | information. Competing entities can gain access to such | 
| 131 | proposals, and, in some instances, the affected nongovernmental | 
| 132 | entity has abandoned its contractual efforts with the airport, | 
| 133 | to the airport's financial detriment. Confidential business and | 
| 134 | financial records submitted to an airport for purposes of the | 
| 135 | sale, use, or lease of land or of airport facilities contain | 
| 136 | sensitive information, the release of which would give | 
| 137 | competitors an unfair economic advantage. Finally, such | 
| 138 | exemption is necessary in order for Florida airports to more | 
| 139 | effectively and efficiently negotiate contracts for the sale, | 
| 140 | use, or lease of airport facilities. | 
| 141 | Section 3.  This act shall take effect July 1, 2011. |