HB 913

A bill to be entitled
2An act relating to public records; creating s. 332.16,
3F.S.; providing definitions; providing an exemption from
4public-records requirements for proprietary confidential
5business information submitted to or held by a public
6airport and for any proposal or counterproposal exchanged
7between the governing body of a public airport and a
8nongovernmental entity relating to the sale, use,
9development, or lease of airport land or airport
10facilities; providing for exceptions to the exemptions;
11providing for future legislative review and repeal of the
12exemptions under the Open Government Sunset Review Act;
13providing a finding of public necessity; providing an
14effective date.
16Be It Enacted by the Legislature of the State of Florida:
18     Section 1.  Section 332.16, Florida Statutes, is created to
20     332.16  Exemption from public disclosure.-
21     (1)  DEFINITIONS.-As used in this section, the term:
22     (a)  "Airport facilities" means airports, buildings,
23structures, terminal buildings, parking garages and lots,
24hangars, land, warehouses, shops, hotels, other aviation
25facilities of any kind or nature, or any other facility of any
26kind or nature related to or connected with a public airport and
27other aviation facility that a public airport is authorized by
28law to construct, acquire, own, lease, or operate, together with
29all fixtures, equipment, and property, real or personal,
30tangible or intangible, necessary, appurtenant, or incidental
32     (b)  "Governing body" means the board or body in which the
33general legislative powers of a public airport is vested.
34     (c)  "Proprietor" means a self-employed individual,
35proprietorship, corporation, partnership, limited partnership,
36firm, enterprise, franchise, association, trust, or business
37entity, whether fictitiously named or not, authorized to do or
38doing business in this state, including its respective
39authorized officer, employee, agent, or successor in interest,
40which controls or owns the proprietary confidential business
41information provided to a public airport.
42     (d)  "Proprietary confidential business information" means
43information that has been designated as confidential by the
44proprietor and includes:
45     1.  Business plans;
46     2.  Internal auditing controls and reports of internal
48     3.  Reports of external auditors for privately held
50     4.  Trade secrets as defined in s. 688.002;
51     5.  Client and customer lists;
52     6.  Potentially patentable material;
53     7.  Business transactions; or
54     8.  Financial information of the proprietor or projections
55of financial results for the proprietor or the airport
56facilities project for which the information is provided.
57     (e)  "Public airport" has the same meaning as provided in
58s. 330.27 and includes areas defined in s. 332.01(3).
60Proprietary confidential business information submitted to or
61held by a public airport is confidential and exempt from s.
62119.07(1) and s. 24(a), Art. I of the State Constitution, until
63such information is no longer considered to be proprietary
64confidential business information by the proprietor.
67     (a)  A proposal or counterproposal exchanged between a
68public airport and a nongovernmental entity relating to the
69sale, use, development, or lease of airport land or airport
70facilities is confidential and exempt from s. 119.07(1) and s.
7124(a), Art. I of the State Constitution.
72     (b)  Ten days after any such proposal or counterproposal is
73approved by the governing body of a public airport, the proposal
74or counterproposal shall cease to be exempt. If no proposal or
75counterproposal is submitted to the governing body of the public
76airport for approval, such proposal or counterproposal shall
77cease to be exempt 90 days after the cessation of negotiations
78between the public airport and the nongovernmental entity.
79     (4)  LEGISLATIVE REVIEW.-This section is subject to the
80Open Government Sunset Review Act in accordance with s. 119.15,
81and shall stand repealed on October 2, 2016, unless reviewed and
82saved from repeal through reenactment by the Legislature.
83     Section 2.  The Legislature finds that it is a public
84necessity that proprietary confidential business information,
85including business plans, internal auditing controls and reports
86of internal auditors, reports of external auditors for privately
87held companies, trade secrets, client and customer lists,
88potentially patentable material, business transactions, and
89financial information of the proprietor or projections of
90financial results for the proprietor or the airport facilities
91project for which the information is provided, be made
92confidential and exempt from s. 119.07(1), Florida Statutes, and
93s. 24(a), Article I of the State Constitution. Proprietary
94confidential business information derives independent economic
95value, actual or potential, from not being generally known to,
96and not being readily ascertainable by, other persons who could
97obtain economic value from its disclosure or use. An airport, in
98performing its lawful duties and responsibilities, may need to
99obtain from a proprietor confidential business information.
100Without an exemption from public-records requirements,
101proprietary confidential business information that is received
102or held by an airport becomes a public record and must be
103divulged upon request. Divulging the proprietary confidential
104business information would destroy the value of that property to
105the proprietor, causing a financial loss not only to the
106proprietor, but also to the airport and to the state and local
107governments due to a loss of tax revenue and employment
108opportunities for residents. Release of that information would
109give business competitors an unfair advantage and would injure
110the affected entity in the marketplace. Thus, the Legislature
111finds that it is a public necessity that proprietary
112confidential business information that is received or held by a
113public airport be made confidential and exempt from public-
114records requirements.
115     Section 3.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.