ENROLLED HB 1027 2003 Legislature
   
1 A bill to be entitled
2          An act relating to a public records exemption for certain
3    records, reports, or information containing trade secret
4    information held by the Department of Community Affairs;
5    amending s. 252.943, F.S., relating to the exemptions from
6    public records requirements for specified records,
7    reports, or information contained in a risk management
8    plan required pursuant to, and obtained from an
9    investigation, inspection, or audit under, the Florida
10    Accidental Release Prevention and Risk Management Planning
11    Act, to remove the October 2, 2003, repeal thereof
12    scheduled pursuant to the Open Government Sunset Review
13    Act of 1995; making editorial changes; providing
14    clarifying language; providing an effective date.
15         
16          Be It Enacted by the Legislature of the State of Florida:
17         
18          Section 1. Notwithstanding the October 2, 2003, repeal of
19    said subsections scheduled pursuant to the Open Government
20    Sunset Review Act of 1995, subsections (1) and (2) of section
21    252.943, Florida Statutes, are amended to read:
22          252.943 Public records.--
23          (1) TheWhen the Department of Community Affairs shallis
24    required toprotect records, reports, or information or
25    particular parts thereof, other than release or emissions data,
26    contained in a risk management plan from public disclosure
27    pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act
28    and authorities cited therein, based upon a showing satisfactory
29    to the Administrator of the United States Environmental
30    Protection Agency,by any owner or operator of a stationary
31    source subject to the Accidental Release Prevention Program,
32    that public release of such records, reports, or information
33    would divulge methods or processes entitled to protection as
34    trade secrets as provided fordefined in 40 C.F.R. part 2II,
35    subpart B., Such records, reports, or information held by the
36    departmentare confidential and exempt from the provisions of s.
37    119.07(1) and s. 24(a), Art. I of the State Constitution,
38    unless. Such information may not be disclosed except undera
39    final determination has been madeby the Administrator of the
40    Environmental Protection Agency that such records, reports, or
41    information are not entitled to trade secret protection, or
42    pursuant to an order of court. This exemption is subject to the
43    Open Government Sunset Review Act in accordance with s. 119.15,
44    and expires on October 2, 2003, unless reviewed and reenacted by
45    the Legislature.
46          (2) TheWhen the department shall is required toprotect
47    records, reports, or information or particular parts thereof,
48    other than release or emissions data, obtained from an
49    investigation, inspection, or audit from public disclosure
50    pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act
51    and authorities cited therein, based upon a showing satisfactory
52    to the Administrator of the United States Environmental
53    Protection Agency,by any owner or operator of a stationary
54    source subject to the Accidental Release Prevention Program,
55    that public release of such records, reports, or information
56    would divulge methods or processes entitled to protection as
57    trade secrets as provided fordefined in 40 C.F.R. part 2II,
58    subpart B., Such records, reports, or information held by the
59    departmentare confidential and exempt from the provisions of s.
60    119.07(1) and s. 24(a), Art. I of the State Constitution,
61    unless. Such records, reports, or information may not be
62    disclosed except under a final determination has beenmade by
63    the Administrator of the Environmental Protection Agency that
64    such records, reports, or information are not entitled to trade
65    secret protection, or pursuant to an order of court. This
66    exemption is subject to the Open Government Sunset Review Act in
67    accordance with s. 119.15, and expires on October 2, 2003,
68    unless reviewed and reenacted by the Legislature.
69          Section 2. This act shall take effect October 1, 2003.