Senate Bill 0814c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 814
By the Committee on Governmental Reform and Oversight; and
Senators Dyer, Latvala, Williams, Brown-Waite, Diaz-Balart and
Forman
302-2192-98
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 provisions for information
5 provided by a stationary source subject to the
6 Accidental Release Prevention Program under the
7 federal Clean Air Act; providing an expiration
8 date; providing a finding of public necessity;
9 providing a contingent effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 252.943, Florida Statutes, is
14 created to read:
15 252.943 Public records.--
16 (1) When the Department of Community Affairs is
17 required to protect records, reports, or information or
18 particular parts thereof, other than release or emissions
19 data, contained in a risk management plan from public
20 disclosure pursuant to Sections 112(r) and 114(c) of the
21 federal Clean Air Act and authorities cited therein, based
22 upon a showing satisfactory to the Administrator of the U.S.
23 Environmental Protection Agency by any owner or operator of a
24 stationary source subject to the Accidental Release Prevention
25 Program that public release of such records, reports, or
26 information would divulge methods or processes entitled to
27 protection as trade secrets defined in 40 CFR Part II Subpart
28 B, such records, reports, or information are confidential and
29 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
30 I of the State Constitution. Such information may not be
31 disclosed except under a final determination by the
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 814
302-2192-98
1 Administrator of the Environmental Protection Agency that such
2 records, reports, or information are not entitled to trade
3 secret protection, or pursuant to an order of court. This
4 exemption is subject to the Open Government Sunset Review Act
5 in accordance with s. 119.15, and expires on October 2, 2003,
6 unless reviewed and reenacted by the Legislature.
7 (2) When the department is required to protect
8 records, reports, or information or particular parts thereof,
9 other than release or emissions data, obtained from an
10 investigation, inspection, or audit from public disclosure
11 pursuant to Sections 112(r) and 114(c) of the federal Clean
12 Air Act and authorities cited therein, based upon a showing
13 satisfactory to the Administrator of the U.S. Environmental
14 Protection Agency by any owner or operator of a stationary
15 source subject to the Accidental Release Prevention Program
16 that public release of such records, reports, or information
17 would divulge methods or processes entitled to protection as
18 trade secrets defined in 40 CFR Part II Subpart B, such
19 records, reports, or information are confidential and exempt
20 from the provisions of s. 119.07(1) and s. 24(a), Art. I of
21 the State Constitution. Such records, reports, or information
22 may not be disclosed except under a final determination by the
23 Administrator of the Environmental Protection Agency that such
24 records, reports, or information are not entitled to trade
25 secret protection, or pursuant to an order of court. This
26 exemption is subject to the Open Government Sunset Review Act
27 in accordance with s. 119.15, and expires on October 2, 2003,
28 unless reviewed and reenacted by the Legislature.
29 Section 2. The Legislature finds that it is a public
30 necessity that trade secret information provided by the owner
31 or operator of a stationary source subject to the Accidental
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 CS for SB 814
302-2192-98
1 Release Prevention Program under the federal Clean Air Act be
2 held confidential and exempt in order to protect the
3 legitimate property interests associated with trade secrets
4 while allowing state officials to review and oversee Risk
5 Management Plans and conduct necessary investigations,
6 inspections, or audits. Furthermore, the Legislature finds
7 that disclosure of trade secret information is likely to cause
8 substantial harm to the competitive position of the owner or
9 operator of a stationary source.
10 Section 3. This act shall take effect on the effective
11 date of Senate Bill 812 or similar legislation relating to
12 clean air and shall not take effect if that legislation does
13 not become a law.
14
15 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
16 Senate Bill 814
17
18 Provides that when the Department of Community Affairs is
required to protect records, reports, or information, other
19 than release or emissions data, contained in a risk management
plan disclosure because such records have been determined to
20 be trade secrets, then such records are confidential and
exempt from public records law requirements.
21
Provides that when the department is required to protect
22 records, reports, or information, other than release or
emissions data, obtained from an investigation, inspection, or
23 audit because such records are entitled to protection as
trade secrets, such information is confidential and exempt
24 from public records requirements.
25 Provides that it is a public necessity that trade secret
information provided by the owner or operator of a stationary
26 source subject to the Accidental Release Prevention Program
under the federal Clean Air Act be held confidential and
27 exempt in order to protect the legitimate property interests
associated with trade secrets while still allowing state
28 officials to review and oversee Risk Management Plans and
conduct necessary inspections, investigations, and audits.
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