House Bill hb1541

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    Florida House of Representatives - 2001                HB 1541

        By the Committee on Economic Development & International
    Trade and Representatives Prieguez, Wilson, Meadows, Kilmer,
    Betancourt, Atwater, Benson, Carassas, Mahon, Pickens and
    Harper



  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         288.075, F.S.; expanding the definition of the

  4         term "economic development agency" to include,

  5         for purposes of confidentiality of records, any

  6         public economic development agency of a county

  7         or a municipality; extending the scheduled

  8         repeal of a public records exemption for

  9         information concerning business location,

10         relocation, or expansion plans; providing for

11         future expiration and legislative review;

12         clarifying an exception to the confidentiality

13         provided by such exemption; authorizing public

14         officers or employees under specified

15         conditions to enter into agreements with a

16         business that has requested confidentiality;

17         authorizing an extension in the period of

18         confidentiality; increasing the period of

19         confidentiality for trade secrets; providing a

20         statement of public necessity; providing an

21         effective date.

22

23  Be It Enacted by the Legislature of the State of Florida:

24

25         Section 1.  Section 288.075, Florida Statutes, is

26  amended to read:

27         288.075  Confidentiality of records.--

28         (1)  As used in this section, the term "economic

29  development agency" means the Office of Tourism, Trade, and

30  Economic Development, any industrial development authority

31  created in accordance with part III of chapter 159 or by

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    Florida House of Representatives - 2001                HB 1541

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  1  special law, the Spaceport Florida Authority created in part

  2  II of chapter 331, the public economic development agency of a

  3  county or municipality that advises the county commission on

  4  the issuance of industrial revenue bonds of a county that does

  5  not have an industrial development authority created in

  6  accordance with part III of chapter 159 or by special law, or

  7  any research and development authority created in accordance

  8  with part V of chapter 159. The term also includes any private

  9  agency, person, partnership, corporation, or business entity

10  when authorized by the state, a municipality, or a county to

11  promote the general business interests or industrial interests

12  of the state or that municipality or county.

13         (2)  Upon written request from a private corporation,

14  partnership, or person, records of an economic development

15  agency which contain or would provide information concerning

16  plans, intentions, or interests of such private corporation,

17  partnership, or person to locate, relocate, or expand any of

18  its business activities in this state are confidential and

19  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

20  Constitution for 24 months after the date an economic

21  development agency receives a request for confidentiality or

22  until disclosed by an economic development agency pursuant to

23  subsection (4) or by the party requesting confidentiality

24  under this section. Confidentiality must be maintained until

25  the expiration of the 24-month period or until documents or

26  information are otherwise disclosed, whichever occurs first.

27  Any This confidentiality provided under this section does not

28  apply when any party petitions a court of competent

29  jurisdiction and, in the opinion of the court, proves need for

30  access to such documents. This exemption expires October 2,

31  2006 2001, and is subject to review by the Legislature under

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  1  the Open Government Sunset Review Act of 1995 in accordance

  2  with s. 119.15.

  3         (3)  This section does not waive any provision of

  4  chapter 120 or any other provision of law requiring a public

  5  hearing.

  6         (4)  A public officer or employee may not enter into a

  7  binding agreement with any corporation, partnership, or person

  8  who has requested confidentiality of information pursuant to

  9  this section, until 90 days after such information is made

10  public, unless such public officer or employee is acting in an

11  official capacity, the agreement does not accrue to the

12  personal benefit of such public officer or employee, and, in

13  the professional judgment of such officer or employee, the

14  agreement is necessary to effectuate an economic development

15  project.

16         (5)  An economic development agency may extend the

17  period of confidentiality specified in subsection (2) for up

18  to an additional 12 months upon written request from the

19  private corporation, partnership, or person who originally

20  requested confidentiality under this section and upon a

21  finding by the economic development agency that such private

22  corporation, partnership, or person is still actively

23  considering locating, relocating, or expanding its business

24  activities in this state. Such a request for an extension in

25  the period of confidentiality must be received prior to the

26  expiration of any confidentiality originally provided under

27  this section.

28         (6)  Notwithstanding the period of confidentiality

29  specified in subsection (2), trade secrets, as defined by s.

30  812.081, contained in the records of an economic development

31  agency relating to the plans, intentions, or interests of a

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  1  corporation, partnership, or person who has requested

  2  confidentiality pursuant to this section are confidential and

  3  exempt from s. 119.07(1) and s. 24(a), Art. I of the State

  4  Constitution for 10 years after the date an economic

  5  development agency receives a request for confidentiality or

  6  until otherwise disclosed, whichever occurs first. The 10-year

  7  period of confidentiality provided by this subsection does not

  8  apply to any portion of the records other than trade secrets

  9  as defined by s. 812.081.

10         (7)(5)  Any person who is an employee of an economic

11  development agency who violates the provisions of this section

12  commits is guilty of a misdemeanor of the second degree,

13  punishable as provided in s. 775.082 or s. 775.083.

14         Section 2.  The Legislature finds that it is a public

15  necessity that the confidentiality provided by section

16  288.075, Florida Statutes, for information on a business's

17  plans to locate, relocate, or expand its activities in this

18  state be broadened to include records of a county or a

19  municipal economic development agency which contain such

20  information. Many counties and municipalities in this state

21  operate public economic development offices that assist

22  businesses that are considering locating, relocating, or

23  expanding in this state. Confidentiality during the site

24  selection process is extremely important to businesses

25  because, among other reasons, disclosure of information

26  concerning the business's plans could provide competitors in

27  the marketplace with insights into the business's strategies

28  and finances, could cause employees of the business to leave

29  the organization in the face of uncertainty over the

30  business's future, or could cause the business to experience

31  inflated real estate prices as a result of speculation by

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  1  those hoping to sell property to the business. If county or

  2  municipal economic development agencies were unable to provide

  3  confidentiality for such information, businesses would be

  4  reluctant to consider such communities as potential sites for

  5  their job-creating and investment projects, thus depriving

  6  those communities of the potential economic benefits

  7  associated with such projects. The Legislature also finds that

  8  it is a public necessity that economic development agencies be

  9  authorized to extend the period of confidentiality because a

10  business's site selection process could take longer than the

11  24-month period currently provided by the public records

12  exemption, and the disclosure of information while the

13  business is still considering its site selection options could

14  jeopardize a viable economic development project, as well as

15  injure the business in the marketplace. In addition, the

16  Legislature finds that trade secrets, as defined by section

17  812.081, Florida Statutes, which are obtained by an economic

18  development agency during the site selection process merit a

19  longer period of confidentiality because the injury that would

20  occur to a business in the marketplace if its competitors

21  obtained such trade secrets is greater than the injury that

22  would occur from disclosure of other information concerning a

23  business's plans to locate, relocate, or expand its activities

24  in this state. The harm that would result from the release of

25  sensitive business information or from the impairment of the

26  effective administration of the state and local economic

27  development efforts far outweighs the public benefit derived

28  from release of such information.

29         Section 3.  This act shall take effect October 1, 2001.

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    Florida House of Representatives - 2001                HB 1541

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  2                          HOUSE SUMMARY

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      Extends the public records exemption for economic
  4    development agencies. Authorizes economic development
      agencies to extend 2-year periods of confidentiality for
  5    an additional year upon written request. Provides a
      10-year period of confidentiality for trade secrets.
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