CS/HB 913

1
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 and trade secrets held by a public
6airport and for any proposal or counterproposal exchanged
7between a public airport and a nongovernmental entity
8relating to the sale, use, development, or lease of
9airport facilities; providing for expiration of the
10exemptions; providing for future legislative review and
11repeal of the exemptions under the Open Government Sunset
12Review Act; providing a finding of public necessity;
13providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 332.16, Florida Statutes, is created to
18read:
19     332.16  Public record exemptions.-
20     (1)  DEFINITIONS.-As used in this section, the term:
21     (a)  "Airport facilities" means airports, buildings,
22structures, terminal buildings, parking garages and lots,
23hangars, land, warehouses, shops, hotels, other aviation
24facilities of any kind or nature, or any other facility of any
25kind or nature related to or connected with a public airport and
26other aviation facility that a public airport is authorized by
27law to construct, acquire, own, lease, or operate, together with
28all fixtures, equipment, and property, real or personal,
29tangible or intangible, necessary, appurtenant, or incidental
30thereto.
31     (b)  "Governing body" means the board or body in which the
32general legislative powers of a public airport is vested.
33     (c)  "Proprietor" means a self-employed individual,
34proprietorship, corporation, partnership, limited partnership,
35firm, enterprise, franchise, association, trust, or business
36entity, whether fictitiously named or not, authorized to do or
37doing business in this state, including its respective
38authorized officer, employee, agent, or successor in interest,
39which controls or owns the proprietary confidential business
40information provided to a public airport.
41     (d)  "Proprietary confidential business information" means
42information that is owned or controlled by the proprietor
43requesting confidentiality under this section; that is intended
44to be and is treated by the proprietor as private in that the
45disclosure of the information would cause harm to the business
46operations of the proprietor; that has not been disclosed unless
47disclosed pursuant to a statutory provision, an order of a court
48or administrative body, or a private agreement providing that
49the information may be released to the public; and that is
50information concerning:
51     1.  Business plans.
52     2.  Internal auditing controls and reports of internal
53auditors.
54     3.  Reports of external auditors for privately held
55companies.
56     4.  Client and customer lists.
57     5.  Potentially patentable material.
58     6.  Business transactions; however, business transactions
59do not include those transactions between a proprietor and a
60public airport.
61     7.  Financial information of the proprietor.
62     (e)  "Public airport" has the same meaning as provided in
63s. 330.27 and includes areas defined in s. 332.01(3).
64     (f)  "Trade secrets" has the same meaning as in s. 688.002.
65     (2)  PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.-
66Proprietary confidential business information held by a public
67airport is confidential and exempt from s. 119.07(1) and s.
6824(a), Art. I of the State Constitution, until such information
69is otherwise publicly available or is no longer treated by the
70proprietor as proprietary confidential business information.
71     (3)  TRADE SECRETS.-Trade secrets held by a public airport
72are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
73I of the State Constitution.
74     (4)  SALE, USE, DEVELOPMENT, OR LEASE OF AIRPORT
75FACILITIES.-Any proposal or counterproposal exchanged between a
76public airport and a nongovernmental entity relating to the
77sale, use, development, or lease of airport facilities is exempt
78from s. 119.07(1) and s. 24(a), Art. I of the State
79Constitution. However, any such proposal or counterproposal
80shall cease to be exempt upon approval by the governing body of
81a public airport. If no proposal or counterproposal is submitted
82to the governing body for approval, such proposal or
83counterproposal shall cease to be exempt 90 days after the
84cessation of negotiations between the public airport and the
85nongovernmental entity.
86     (5)  LEGISLATIVE REVIEW.-This section is subject to the
87Open Government Sunset Review Act in accordance with s. 119.15,
88and shall stand repealed on October 2, 2016, unless reviewed and
89saved from repeal through reenactment by the Legislature.
90     Section 2.  (1)  The Legislature finds that it is a public
91necessity that trade secrets and proprietary confidential
92business information, including business plans, internal
93auditing controls and reports of internal auditors, reports of
94external auditors for privately held companies, client and
95customer lists, potentially patentable material, certain
96business transactions, and financial information of the
97proprietor be made confidential and exempt from s. 119.07(1),
98Florida Statutes, and s. 24(a), Article I of the State
99Constitution. Trade secrets and proprietary confidential
100business information derive independent economic value, actual
101or potential, from not being generally known to, and not being
102readily ascertainable by, other persons who could obtain
103economic value from its disclosure or use. An airport, in
104performing its lawful duties and responsibilities, may need to
105obtain from a proprietor trade secrets or proprietary
106confidential business information. Without an exemption from
107public records requirements, trade secrets and proprietary
108confidential business information held by an airport become a
109public record and must be divulged upon request. Divulging the
110trade secret or proprietary confidential business information
111would destroy the value of that property to the proprietor,
112causing a financial loss not only to the proprietor, but also to
113the airport and to the state and local governments due to a loss
114of tax revenue and employment opportunities for residents.
115Release of that information would give business competitors an
116unfair advantage and would injure the affected entity in the
117marketplace. Thus, the Legislature finds that it is a public
118necessity that trade secrets and proprietary confidential
119business information held by a public airport be made
120confidential and exempt from public records requirements.
121     (2)  The Legislature also finds that it is a public
122necessity that any proposal or counterproposal exchanged between
123a nongovernmental entity and any public airport listed in s.
124330.27, Florida Statutes, which includes areas defined in s.
125332.01(3), Florida Statutes, relating to the sale, use, or lease
126of land or airport facilities, be made exempt from public
127records requirements until approved by the governing body of the
128airport. Proposals and counterproposals submitted to an airport
129contain sensitive and confidential business and financial
130information. Competing entities can gain access to such
131proposals, and, in some instances, the affected nongovernmental
132entity has abandoned its contractual efforts with the airport,
133to the airport's financial detriment. Confidential business and
134financial records submitted to an airport for purposes of the
135sale, use, or lease of land or of airport facilities contain
136sensitive information, the release of which would give
137competitors an unfair economic advantage. Finally, such
138exemption is necessary in order for Florida airports to more
139effectively and efficiently negotiate contracts for the sale,
140use, or lease of airport facilities.
141     Section 3.  This act shall take effect July 1, 2011.


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