House Bill hb0389

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    Florida House of Representatives - 2001                 HB 389

        By the Committee on State Administration and
    Representative Brummer





  1                      A bill to be entitled

  2         An act relating to a public records exemption

  3         for certain records of economic development

  4         agencies which contain information concerning

  5         private entities; amending s. 288.075, F.S.,

  6         which provides an exemption from public records

  7         requirements for records of an economic

  8         development agency which contain or would

  9         provide plans, intentions, or interests of

10         private entities regarding their business

11         activities; reenacting such exemption and

12         removing the October 2, 2001, repeal thereof

13         scheduled under the Open Government Sunset

14         Review Act of 1995; providing an effective

15         date.

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

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19         Section 1.  Notwithstanding the October 2, 2001, repeal

20  of said section scheduled pursuant to the Open Government

21  Sunset Review Act of 1995, section 288.075, Florida Statutes,

22  is reenacted and amended to read:

23         288.075  Confidentiality of records.--

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

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

26  Economic Development, any industrial development authority

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

28  special law, the Spaceport Florida Authority created in part

29  II of chapter 331, the public economic development agency that

30  advises the county commission on the issuance of industrial

31  revenue bonds of a county that does not have an industrial

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    Florida House of Representatives - 2001                 HB 389

    688-156-01






  1  development authority created in accordance with part III of

  2  chapter 159 or by special law, or any research and development

  3  authority created in accordance with part V of chapter 159.

  4  The term also includes any private agency, person,

  5  partnership, corporation, or business entity when authorized

  6  by the state, a municipality, or a county to promote the

  7  general business interests or industrial interests of the

  8  state or that municipality or county.

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

10  partnership, or person, records of an economic development

11  agency which contain or would provide information concerning

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

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

14  its business activities in this state are confidential and

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

16  Constitution for 24 months after the date an economic

17  development agency receives a request for confidentiality or

18  until disclosed by an economic development agency pursuant to

19  subsection (4) or by the party requesting confidentiality

20  under this section. Confidentiality must be maintained until

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

22  information are otherwise disclosed, whichever occurs first.

23  This confidentiality does not apply when any party petitions a

24  court of competent jurisdiction and, in the opinion of the

25  court, proves need for access to such documents. This

26  exemption expires October 2, 2001, and is subject to review by

27  the Legislature under the Open Government Sunset Review Act of

28  1995 in accordance with s. 119.15.

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

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

31  hearing.

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    Florida House of Representatives - 2001                 HB 389

    688-156-01






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

  2  binding agreement with any corporation, partnership, or person

  3  who has requested confidentiality of information pursuant to

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

  5  public.

  6         (5)  Any person who is an employee of an economic

  7  development agency who violates the provisions of this section

  8  is guilty of a misdemeanor of the second degree, punishable as

  9  provided in s. 775.082 or s. 775.083.

10         Section 2.  This act shall take effect October 1, 2001.

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13                          HOUSE SUMMARY

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      Reenacts the public records exemption for records of an
15    economic development agency which contain or would
      provide plans, intentions, or interests of private
16    entities regarding their business activities, and removes
      the October 2, 2001, repeal thereof scheduled under the
17    Open Government Sunset Review Act of 1995.

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