Florida Senate - 2013                       CS for CS for SB 984
       
       
       
       By the Committees on Governmental Oversight and Accountability;
       and Environmental Preservation and Conservation; and Senators
       Richter and Smith
       
       
       585-04492-13                                           2013984c2
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         377.24075, F.S.; creating an exemption from public
    4         records requirements for certain information provided
    5         in an application for a natural gas storage facility
    6         permit to inject and recover gas into and from a
    7         natural gas storage reservoir; defining the term
    8         “proprietary business information”; providing
    9         exceptions to the exemption; providing for future
   10         review and repeal of the public records exemption
   11         under the Open Government Sunset Review Act; providing
   12         a statement of public necessity; providing a
   13         contingent effective date.
   14  
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 377.24075, Florida Statutes, is created
   18  to read:
   19         377.24075Exemption from public records requirements.
   20  Proprietary business information held by the Department of
   21  Environmental Protection in accordance with its statutory duties
   22  with respect to an application for a natural gas storage
   23  facility permit is confidential and exempt from s. 119.07(1) and
   24  s. 24(a), Art. I of the State Constitution.
   25         (1) As used in this section, the term “proprietary business
   26  information” means information that:
   27         (a) Is owned or controlled by the applicant or a person
   28  affiliated with the applicant.
   29         (b) Is intended to be private and is treated by the
   30  applicant as private because disclosure would harm the applicant
   31  or the applicant’s business operations.
   32         (c) Has not been disclosed except as required by law or a
   33  private agreement that provides that the information will not be
   34  released to the public.
   35         (d) Is not publicly available or otherwise readily
   36  ascertainable through proper means from another source in the
   37  same configuration as requested by the department.
   38         (e) Includes, but is not limited to:
   39         1. Trade secrets as defined in s. 688.002;
   40         2. Leasing plans, real property acquisition plans,
   41  exploration budgets, or marketing studies, the disclosure of
   42  which would impair the efforts of the applicant or its
   43  affiliates to contract for goods or services or to acquire real
   44  property interests on favorable terms; or
   45         3. Competitive interests, which may include well design or
   46  completion plans, geological or engineering studies related to
   47  storage reservoir performance characteristics, or field
   48  utilization strategies or operating plans, the disclosure of
   49  which would impair the competitive business of the applicant
   50  providing the information.
   51         (f) May be found in a document:
   52         1. Filed with the Department of Environmental Protection by
   53  the applicant or affiliated person seeking a natural gas storage
   54  facility permit pursuant to s. 377.2407; or
   55         2. Sent to the Department of Environmental Protection from
   56  another governmental entity for use by the department in the
   57  performance of its duties. This subparagraph applies only if the
   58  information is otherwise confidential or exempt as held by the
   59  governmental entity.
   60         (2) The Department of Environmental Protection may disclose
   61  confidential and exempt proprietary business information:
   62         (a) Pursuant to a court order;
   63         (b) If the applicant to which it pertains gives prior
   64  written consent; or
   65         (c) To another governmental entity if the receiving entity
   66  agrees in writing to maintain the confidential and exempt status
   67  of the information and has verified in writing its legal
   68  authority to maintain such confidentiality.
   69         (3) This section is subject to the Open Government Sunset
   70  Review Act in accordance with s. 119.15 and shall stand repealed
   71  on October 2, 2018, unless reviewed and saved from repeal
   72  through reenactment by the Legislature.
   73         Section 2. (1) The Legislature finds that it is a public
   74  necessity that proprietary business information provided to the
   75  Department of Environmental Protection which relates to trade
   76  secrets, leasing plans, real property acquisition plans,
   77  exploration budgets, proprietary well design or completion
   78  plans, geological or engineering studies related to storage
   79  reservoir performance characteristics, field utilization
   80  strategies or operating plans, commercial or marketing studies,
   81  or other proprietary business information provided by a person
   82  in conjunction with an application to establish an underground
   83  natural gas storage facility as defined in s. 377.19, Florida
   84  Statutes, be made confidential and exempt from s. 119.07(1),
   85  Florida Statutes, and s. 24(a), Article I of the State
   86  Constitution. The disclosure of such proprietary business
   87  information could injure an applicant in the marketplace by
   88  giving competitors detailed insight into technical assessments,
   89  design, and experience, thereby putting the applicant at a
   90  competitive disadvantage. Without this exemption, applicants
   91  might be less willing to expend or commit to expend the
   92  substantial resources necessary to determine the feasibility of
   93  establishing, permitting, and operating an underground natural
   94  gas storage facility, resulting in limited opportunities for
   95  developing the additional natural gas storage capacity that this
   96  state critically needs to meet current and future residential,
   97  commercial, and industrial energy needs. The resulting lack of
   98  resources could hinder the ability of electric utility services
   99  to optimize services to their customers and could adversely
  100  affect those customers by depriving them of the opportunities
  101  and energy security that comes with domestic reserves of natural
  102  gas stored underground.
  103         (2) Proprietary business information derives actual or
  104  potential independent economic value from not being generally
  105  known to and not being readily ascertainable by other persons
  106  who can derive economic value from its disclosure or use. The
  107  Department of Environmental Protection, in the course of
  108  reviewing and issuing permitting decisions relating to
  109  underground natural gas storage facility permits, may need to
  110  obtain proprietary business information. Disclosure of such
  111  information could destroy the value of that property and could
  112  cause economic harm to the applicant providing the information.
  113  Additionally, the reduced competition for the provision of
  114  domestic underground storage of natural gas could adversely
  115  affect energy utility customers. The exemption created by this
  116  act will enhance the ability to increase domestic storage of
  117  natural gas, thereby creating a significant benefit to energy
  118  utility customers. In finding that the public records exemption
  119  created by this act is a public necessity, the Legislature also
  120  finds that any public benefit derived from disclosure of the
  121  information is significantly outweighed by the public and
  122  private harm that could result from disclosure after submittal
  123  of such proprietary business information.
  124         Section 3. This act shall take effect October 1, 2013, if
  125  SB 958 or similar legislation is adopted in the same legislative
  126  session or an extension thereof and becomes a law.