House Bill 3705c2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/CS/HB 3705
By the Committees on Governmental Operations,
Environmental Protection and Representatives Edwards,
Burroughs, Dockery and Mackey
1 A bill to be entitled
2 An act relating to public records; creating s.
3 252.943, F.S.; providing an exemption from
4 public records requirements for trade secrets
5 information of a stationary source subject to
6 the Accidental Release Prevention Program,
7 which is required to be protected from
8 disclosure under the federal Clean Air Act;
9 providing for future review and repeal;
10 providing a finding of public necessity;
11 providing a contingent effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 252.943, Florida Statutes, is
16 created to read:
17 252.943 Public records.--
18 (1) When the Department of Community Affairs is
19 required to protect records, reports, or information or a
20 particular part thereof (other than release or emissions data)
21 contained in a Risk Management Plan from public disclosure
22 pursuant to Sections 112(r) and 114(c) of the federal Clean
23 Air Act and authorities cited therein, based upon a showing
24 satisfactory to the Administrator of the United States
25 Environmental Protection Agency by any owner or operator of a
26 stationary source subject to the Accidental Release Prevention
27 Program that public release of such records, reports, or
28 information would divulge methods or processes entitled to
29 protection as trade secrets defined in 40 C.F.R. part II,
30 subpart B, such records, reports, or information is
31 confidential and exempt from the provisions of s. 119.07(1)
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Florida House of Representatives - 1998 CS/CS/HB 3705
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1 and s. 24(a), Art. I of the State Constitution. Such
2 information shall not be disclosed except under a final
3 determination by the Administrator of the United States
4 Environmental Protection Agency that such records, reports, or
5 information is not entitled to trade secret protection, or
6 pursuant to an order of court. This exemption is subject to
7 the Open Government Sunset Review Act in accordance with s.
8 119.15, and expires on October 2, 2003, unless reviewed and
9 reenacted by the Legislature.
10 (2) When the department is required to protect
11 records, reports, or information or a particular part thereof
12 (other than release or emissions data) obtained from an
13 investigation, inspection, or audit from public disclosure
14 pursuant to Sections 112(r) and 114(c) of the federal Clean
15 Air Act and authorities cited therein, based upon a showing
16 satisfactory to the Administrator of the United States
17 Environmental Protection Agency by any owner or operator of a
18 stationary source subject to the Accidental Release Prevention
19 Program that public release of such records, reports, or
20 information would divulge methods or processes entitled to
21 protection as trade secrets defined in 40 C.F.R. part II,
22 subpart B, such records, reports, or information is
23 confidential and exempt from the provisions of s. 119.07(1)
24 and s. 24(a), Art. I of the State Constitution. Such records,
25 reports, or information shall not be disclosed except under a
26 final determination by the Administrator of the United States
27 Environmental Protection Agency that such records, reports, or
28 information is not entitled to trade secret protection, or
29 pursuant to an order of court. This exemption is subject to
30 the Open Government Sunset Review Act in accordance with s.
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CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1998 CS/CS/HB 3705
192-984-98
1 119.15, and expires on October 2, 2003, unless reviewed and
2 reenacted by the Legislature.
3 Section 2. The Legislature finds that it is a public
4 necessity that trade secret information provided by the owner
5 or operator of a stationary source subject to the Accidental
6 Release Prevention Program under the federal Clean Air Act be
7 held confidential and exempt in order to protect the
8 legitimate property interests associated with trade secrets
9 while allowing state officials to review and oversee risk
10 management plans and conduct necessary investigations,
11 inspections, or audits. Furthermore, the Legislature finds
12 that disclosure of trade secret information is likely to cause
13 substantial harm to the competitive position of the owner or
14 operator of a stationary source.
15 Section 3. This act shall take effect on the same date
16 as Committee Substitute for Committee Substitute for House
17 Bill 3717 or similar legislation takes effect, if such
18 legislation is adopted in the same legislative session or an
19 extension thereof.
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