Florida Senate - 2013                              CS for SB 984
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senators Richter and Smith
       
       
       
       592-04032-13                                           2013984c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         377.24075, F.S.; creating an exemption from public
    4         records requirements for certain information provided
    5         in an application for a natural gas storage facility
    6         permit to inject and recover gas into and from a
    7         natural gas storage reservoir; providing for future
    8         review and repeal of the public records exemption
    9         under the Open Government Sunset Review Act; providing
   10         a statement of public necessity; providing a
   11         contingent effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 377.24075, Florida Statutes, is created
   16  to read:
   17         377.24075Exemption from public records requirements.
   18  Proprietary business information held by the Department of
   19  Environmental Protection in accordance with its statutory duties
   20  with respect to an application for a natural gas storage
   21  facility permit is confidential and exempt from s. 119.07(1) and
   22  s. 24(a), Art. I of the State Constitution.
   23         (1) As used in this section, the term “proprietary business
   24  information” means information that:
   25         (a) Is owned or controlled by the applicant or a person
   26  affiliated with the applicant.
   27         (b) Is intended to be private and is treated by the
   28  applicant as private because disclosure would harm the applicant
   29  or the applicant’s business operations.
   30         (c) Has not been disclosed except as required by law or a
   31  private agreement that provides that the information will not be
   32  released to the public.
   33         (d) Is not publicly available or otherwise readily
   34  ascertainable through proper means from another source in the
   35  same configuration as requested by the department.
   36         (e) Includes, but is not limited to:
   37         1. Trade secrets;
   38         2. Leasing plans, real property acquisition plans,
   39  exploration budgets, or marketing studies, the disclosure of
   40  which would impair the efforts of the applicant or its
   41  affiliates to contract for goods or services or to acquire real
   42  property interests on favorable terms; or
   43         3. Competitive interests, which may include well design or
   44  completion plans, geological or engineering studies related to
   45  storage reservoir performance characteristics, or field
   46  utilization strategies or operating plans, the disclosure of
   47  which would impair the competitive business of the applicant
   48  providing the information.
   49         (f) May be found in a document:
   50         1. Filed with the Department of Environmental Protection by
   51  the applicant or affiliated person seeking a natural gas storage
   52  facility permit pursuant to s. 377.2407; or
   53         2. Sent to the Department of Environmental Protection from
   54  another governmental entity for use by the department in the
   55  performance of its duties. This subparagraph applies only if the
   56  information is otherwise confidential or exempt as held by the
   57  governmental entity.
   58         (2) The Department of Environmental Protection may disclose
   59  confidential and exempt proprietary business information:
   60         (a) Pursuant to a court order;
   61         (b) If the applicant to which it pertains gives prior
   62  written consent; or
   63         (c) To another state agency in this or another state or to
   64  a federal agency if the recipient agrees in writing to maintain
   65  the confidential and exempt status of the document, material, or
   66  other information and has verified in writing its legal
   67  authority to maintain such confidentiality.
   68         (3) This section is subject to the Open Government Sunset
   69  Review Act in accordance with s. 119.15 and shall stand repealed
   70  on October 2, 2018, unless reviewed and saved from repeal
   71  through reenactment by the Legislature.
   72         Section 2. (1) The Legislature finds that it is a public
   73  necessity that proprietary business information provided to the
   74  Department of Environmental Protection which relates to trade
   75  secrets, leasing plans, real property acquisition plans,
   76  exploration budgets, proprietary well design or completion
   77  plans, geological or engineering studies related to storage
   78  reservoir performance characteristics, field utilization
   79  strategies or operating plans, commercial or marketing studies,
   80  or other proprietary business information provided by a person
   81  in conjunction with an application to establish an underground
   82  natural gas storage facility as defined in s. 377.19, Florida
   83  Statutes, be made confidential and exempt from s. 119.07(1),
   84  Florida Statutes, and s. 24(a), Article I of the State
   85  Constitution. The disclosure of such proprietary business
   86  information could injure an applicant in the marketplace by
   87  giving competitors detailed insight into technical assessments,
   88  design, and experience, thereby putting the applicant at a
   89  competitive disadvantage. Without this exemption, applicants
   90  might be less willing to expend or commit to expend the
   91  substantial resources necessary to determine the feasibility of
   92  establishing, permitting, and operating an underground natural
   93  gas storage facility, resulting in limited opportunities for
   94  developing the additional natural gas storage capacity that this
   95  state critically needs to meet current and future residential,
   96  commercial, and industrial energy needs. The resulting lack of
   97  resources could hinder the ability of electric utility services
   98  to optimize services to their customers and could adversely
   99  affect those customers by depriving them of the opportunities
  100  and energy security that comes with domestic reserves of natural
  101  gas stored underground.
  102         (2) Proprietary business information derives actual or
  103  potential independent economic value from not being generally
  104  known to and not being readily ascertainable by other persons
  105  who can derive economic value from its disclosure or use. The
  106  Department of Environmental Protection, in the course of
  107  reviewing and issuing permitting decisions relating to
  108  underground natural gas storage facility permits, may need to
  109  obtain proprietary business information. Disclosure of such
  110  information could destroy the value of that property and could
  111  cause economic harm to the applicant providing the information.
  112  Additionally, the reduced competition for the provision of
  113  domestic underground storage of natural gas could adversely
  114  affect energy utility customers. The exemption created by this
  115  act will enhance the ability to increase domestic storage of
  116  natural gas, thereby creating a significant benefit to energy
  117  utility customers. In finding that the public records exemption
  118  created by this act is a public necessity, the Legislature also
  119  finds that any public benefit derived from disclosure of the
  120  information is significantly outweighed by the public and
  121  private harm that could result from disclosure after submittal
  122  of such proprietary business information.
  123         Section 3. This act shall take effect October 1, 2013, if
  124  SB 958 or similar legislation is adopted in the same legislative
  125  session or an extension thereof and becomes a law.