SENATE AMENDMENT
Bill No. SB 484, 1st Eng.
Amendment No. ___ Barcode 141760
CHAMBER ACTION
Senate House
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11 Senator Diaz de la Portilla moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, line 26, through page 4, line 17, delete
15 those lines
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18 Section 1. Section 288.075, Florida Statutes, is
19 amended to read:
20 288.075 Confidentiality of records.--
21 (1) As used in this section, the term "economic
22 development agency" means the Office of Tourism, Trade, and
23 Economic Development, any industrial development authority
24 created in accordance with part III of chapter 159 or by
25 special law, the Spaceport Florida Authority created in part
26 II of chapter 331, the Florida Commercial Space Financing
27 Corporation created in part III of chapter 331, the public
28 economic development agency of a county or municipality that
29 advises the county commission on the issuance of industrial
30 revenue bonds of a county that does not have an industrial
31 development authority created in accordance with part III of
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SENATE AMENDMENT
Bill No. SB 484, 1st Eng.
Amendment No. ___ Barcode 141760
1 chapter 159 or by special law, or any research and development
2 authority created in accordance with part V of chapter 159.
3 The term also includes any private agency, person,
4 partnership, corporation, or business entity when authorized
5 by the state, a municipality, or a county to promote the
6 general business interests or industrial interests of the
7 state or that municipality or county.
8 (2) Upon written request from a private corporation,
9 partnership, or person, records of an economic development
10 agency which contain or would provide information concerning
11 plans, intentions, or interests of such private corporation,
12 partnership, or person to locate, relocate, or expand any of
13 its business activities in this state are confidential and
14 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
15 Constitution for 24 months after the date an economic
16 development agency receives a request for confidentiality or
17 until disclosed by an economic development agency pursuant to
18 subsection (4) or by the party requesting confidentiality
19 under this section. Confidentiality must be maintained until
20 the expiration of the 24-month period or until documents or
21 information are otherwise disclosed, whichever occurs first.
22 Any This confidentiality provided under this section does not
23 apply when any party petitions a court of competent
24 jurisdiction and, in the opinion of the court, proves need for
25 access to such documents. This exemption expires October 2,
26 2006 2001, and is subject to review by the Legislature under
27 the Open Government Sunset Review Act of 1995 in accordance
28 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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SENATE AMENDMENT
Bill No. SB 484, 1st Eng.
Amendment No. ___ Barcode 141760
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, unless such public officer or employee is acting in an
6 official capacity, the agreement does not accrue to the
7 personal benefit of such public officer or employee, and, in
8 the professional judgment of such officer or employee, the
9 agreement is necessary to effectuate an economic development
10 project.
11 (5) An economic development agency may extend the
12 period of confidentiality specified in subsection (2) for up
13 to an additional 12 months upon written request from the
14 private corporation, partnership, or person who originally
15 requested confidentiality under this section and upon a
16 finding by the economic development agency that such private
17 corporation, partnership, or person is still actively
18 considering locating, relocating, or expanding its business
19 activities in this state. Such a request for an extension in
20 the period of confidentiality must be received prior to the
21 expiration of any confidentiality originally provided under
22 this section.
23 (6) Notwithstanding the period of confidentiality
24 specified in subsection (2), trade secrets, as defined by s.
25 812.081, contained in the records of an economic development
26 agency relating to the plans, intentions, or interests of a
27 corporation, partnership, or person who has requested
28 confidentiality pursuant to this section are confidential and
29 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
30 Constitution for 10 years after the date an economic
31 development agency receives a request for confidentiality or
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SENATE AMENDMENT
Bill No. SB 484, 1st Eng.
Amendment No. ___ Barcode 141760
1 until otherwise disclosed, whichever occurs first. The 10-year
2 period of confidentiality provided by this subsection does not
3 apply to any portion of the records other than trade secrets
4 as defined by s. 812.081.
5 (7)(5) Any person who is an employee of an economic
6 development agency who violates the provisions of this section
7 commits is guilty of a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083.
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12 And the title is amended as follows:
13 On page 1, line 8, delete the word "abrogating"
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16 extending
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