The Florida Senate

252.943  Public records.--

(1)  When the Department of Community Affairs is required to protect records, reports, or information or particular parts thereof, other than release or emissions data, contained in a risk management plan from public disclosure pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act and authorities cited therein, based upon a showing satisfactory to the Administrator of the United States Environmental Protection Agency by any owner or operator of a stationary source subject to the Accidental Release Prevention Program that public release of such records, reports, or information would divulge methods or processes entitled to protection as trade secrets defined in 40 C.F.R. part II, subpart B, such records, reports, or information are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such information may not be disclosed except under a final determination by the Administrator of the Environmental Protection Agency that such records, reports, or information are not entitled to trade secret protection, or pursuant to an order of court. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and expires on October 2, 2003, unless reviewed and reenacted by the Legislature.

(2)  When the department is required to protect records, reports, or information or particular parts thereof, other than release or emissions data, obtained from an investigation, inspection, or audit from public disclosure pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act and authorities cited therein, based upon a showing satisfactory to the Administrator of the United States Environmental Protection Agency by any owner or operator of a stationary source subject to the Accidental Release Prevention Program that public release of such records, reports, or information would divulge methods or processes entitled to protection as trade secrets defined in 40 C.F.R. part II, subpart B, such records, reports, or information are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such records, reports, or information may not be disclosed except under a final determination by the Administrator of the Environmental Protection Agency that such records, reports, or information are not entitled to trade secret protection, or pursuant to an order of court. This exemption is subject to the Open Government Sunset Review Act in accordance with s. 119.15, and expires on October 2, 2003, unless reviewed and reenacted by the Legislature.

History.--s. 1, ch. 98-406.