Florida Senate - 2023 SB 1392
By Senator Martin
33-02177-23 20231392__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 creating s. 288.9984, F.S.; providing an exemption
4 from public records requirements for information in
5 universal regulatory sandbox applications determined
6 by the Office of Regulatory Relief to be economically
7 harmful to the applicant if released; providing an
8 exemption from public meetings requirements for all or
9 portions of meetings of the General Regulatory Sandbox
10 Program Advisory Committee; providing an exemption
11 from public records requirements for recordings,
12 minutes, and records generated during the closed
13 portions of such meetings; providing for future
14 legislative review and repeal of the exemptions;
15 providing a statement of public necessity; providing a
16 contingent effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 288.9984, Florida Statutes, is created
21 in part XVI of chapter 288, Florida Statutes, as created by SB
22 ___ or similar legislation, to read:
23 288.9984 Public records and public meetings exemptions.—
24 (1) Chapter 119 and s. 286.011 apply to all records and
25 meetings created or conducted under this part unless otherwise
26 provided in this section.
27 (2) Information in a regulatory sandbox application under
28 this part that the office reasonably believes could result in
29 economic harm to the applicant is confidential and exempt from
30 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
31 Such information includes, but is not limited to:
32 (a) The statements in s. 288.9975(4)(e).
33 (b) The information necessary to comply with the reporting
34 requirements of s. 288.9975(8).
35 (c) The information necessary to comply with the reporting
36 requirements of s. 288.9982(6).
37
38 However, the confidential and exempt information may be released
39 to appropriate state and federal agencies for the purpose of
40 investigation. This subsection does not prevent the office from
41 disclosing a summary of the offering.
42 (3)(a) A meeting or a portion of a meeting of the General
43 Regulatory Sandbox Program Advisory Committee at which
44 information made confidential and exempt under subsection (2) is
45 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
46 State Constitution.
47 (b) Recordings, minutes, and records generated during an
48 exempt meeting or portion of such a meeting are exempt from s.
49 119.07(1) and s. 24(a), Art. I of the State Constitution.
50 (4) This section is subject to the Open Government Sunset
51 Review Act in accordance with s. 119.15 and shall stand repealed
52 on October 2, 2028, unless reviewed and saved from repeal
53 through reenactment by the Legislature.
54 Section 2. (1) The Legislature finds that it is a public
55 necessity that certain information provided to and held by the
56 Office of Regulatory Relief to evaluate a universal regulatory
57 sandbox application be made confidential and exempt from s.
58 119.07(1), Florida Statutes, and s. 24(a), Article I of the
59 State Constitution. The disclosure of such information could
60 adversely affect the business interests of the universal
61 regulatory sandbox applicant and could injure the applicant in
62 the marketplace if the information were to be made available to
63 competitors. Divulgence of this information would destroy its
64 value to the business entity, potentially causing a financial
65 loss. Without this protection, innovators might elect to
66 establish their business in another state with a more secure
67 business environment. Therefore, it is necessary that sensitive
68 business information provided to and held by the Office of
69 Regulatory Relief to evaluate a universal regulatory sandbox
70 application be made confidential and exempt from public records
71 requirements.
72 (2) The Legislature also finds that it is a public
73 necessity that the recordings, minutes, and records generated
74 during a meeting or portion of a meeting that is exempt pursuant
75 to s. 288.9984(3)(b), Florida Statutes, be made exempt from s.
76 119.07(1), Florida Statutes, and s. 24(a), Article I of the
77 State Constitution. The disclosure of such information could
78 adversely affect the business interests of the universal
79 regulatory sandbox applicant and could injure the applicant in
80 the marketplace if the information were to be made available to
81 competitors. Divulgence of this information would destroy its
82 value to the business entity, potentially causing a financial
83 loss. Without this protection of application information,
84 innovators might elect to establish their business in another
85 state with a more secure business environment. Therefore, it is
86 necessary that sensitive business information provided to and
87 held by the Office of Regulatory Relief to evaluate a universal
88 regulatory sandbox application be made confidential and exempt
89 from public records requirements.
90 Section 3. This act shall take effect on the same date that
91 SB ____ or similar legislation takes effect, if such legislation
92 is adopted in the same legislative session or an extension
93 thereof and becomes a law.