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         288.9984Public 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.