The Florida Senate

341.3333  Application for franchise; confidentiality of application and trade secrets.--

(1)  The application for franchise, which is the response to the request for proposals, must correspond to the request for proposals. The contents of the application must be in the format and contain the information specified in the request for proposals.

(2)  Each applicant, in response to the request for proposals, shall file its application with the department at the location and within the time and date limitations specified in the request for proposals. Applications filed before the deadline shall be kept sealed by the department until the time and date specified for opening. Such sealed applications shall be confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the department provides notice of a decision or intended decision pursuant to s. 120.57(3)(a) or until 10 days after application opening, whichever is earlier. Thereafter, the applications are public. However, the applicant may segregate the trade secret portions of the application and request that the department maintain those portions as confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Upon award of a franchise, the franchisee may segregate portions of materials required to be submitted by the department and request that the department maintain those portions as confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such portions designated by an applicant or by the franchisee shall remain confidential and exempt from the provisions of s. 119.07(1) only if the department finds that the information satisfies the criteria established in s. 119.15(4)(b)3.

(3)  An application that is not accompanied by the appropriate fee may not be accepted for filing.

(4)  Within 7 days after filing an application for franchise with the department, an applicant must file a copy of the application with each agency listed in s. 341.352(2)(a).

(5)  An application for a franchise may not be amended before the award of the franchise.

History.--s. 22, ch. 92-152; s. 1, ch. 95-405; s. 165, ch. 96-406; s. 74, ch. 96-410; s. 108, ch. 99-385.