HB 7017

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding economic development agencies;
4	amending s. 288.075, F.S., which provides an exemption
5	from public records requirements for information held by
6	an economic development agency concerning plans,
7	intentions, or interests of a private corporation,
8	partnership, or person to locate, relocate, or expand any
9	of its business activities in this state; making editorial
10	changes; removing superfluous provisions; removing the
11	scheduled expiration of the exemption under the Open
12	Government Sunset Review Act; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 288.075, Florida Statutes, is amended
17	to read:
18	288.075  Confidentiality of records.--
19	(1)  As used in this section, the term "economic
20	development agency" means:
21	(a)  The Office of Tourism, Trade, and Economic
22	Development;,
23	(b)  Any industrial development authority created in
24	accordance with part III of chapter 159 or by special law;,
25	(c)  The Florida Space Authority created in part II of
26	chapter 331;,
27	(d)  The Florida Aerospace Finance Corporation created in
28	part III of chapter 331;,
29	(e)  The public economic development agency of a county or
30	municipality;, or
31	(f)  Any research and development authority created in
32	accordance with part V of chapter 159; or. The term also
33	includes
34	(g)  Any private agency, person, partnership, corporation,
35	or business entity when authorized by the state, a municipality,
36	or a county to promote the general business interests or
37	industrial interests of the state or that municipality or
38	county.
39	(2)  Upon written request from a private corporation,
40	partnership, or person, records of an economic development
41	agency which contain or would provide information held by an
42	economic development agency concerning plans, intentions, or
43	interests of that such private corporation, partnership, or
44	person to locate, relocate, or expand any of its business
45	activities in this state is are confidential and exempt from s.
46	119.07(1) and s. 24(a), Art. I of the State Constitution for 24
47	months after the date an economic development agency receives a
48	request for confidentiality or until disclosed by an economic
49	development agency pursuant to subsection (4) or by the party
50	requesting confidentiality under this section. Confidentiality
51	must be maintained until the expiration of the 24-month period
52	or until documents or information is are otherwise disclosed,
53	whichever occurs first. Any confidentiality provided under this
54	section does not apply when any party petitions a court of
55	competent jurisdiction and, in the opinion of the court, proves
56	need for access to such documents. This exemption expires
57	October 2, 2006, and is subject to review by the Legislature
58	under the Open Government Sunset Review Act of 1995 in
59	accordance with s. 119.15.
60	(3)  An economic development agency may extend the period
61	of confidentiality specified in subsection (2) for up to an
62	additional 12 months upon written request from the private
63	corporation, partnership, or person who originally requested
64	confidentiality under this section and upon a finding by the
65	economic development agency that the private corporation,
66	partnership, or person is still actively considering locating,
67	relocating, or expanding its business activities in this state.
68	A request to extend the period of confidentiality must be
69	received prior to the expiration of confidentiality provided in
70	subsection (2) This section does not waive any provision of
71	chapter 120 or any other provision of law requiring a public
72	hearing.
73	(4)  Trade secrets as defined in s. 812.081 relating to the
74	plans, intentions, or interests of a corporation, partnership,
75	or person who has requested confidentiality pursuant to this
76	section, held by an economic development agency, are
77	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
78	of the State Constitution for 10 years after the date on which
79	an economic development agency receives a request for
80	confidentiality or until otherwise disclosed, whichever occurs
81	first.
82	(5)  A public officer or employee may not enter into a
83	binding agreement with any corporation, partnership, or person
84	who has requested confidentiality of information pursuant to
85	this section, until 90 days after such information is made
86	public, unless such public officer or employee is acting in an
87	official capacity, the agreement does not accrue to the personal
88	benefit of such public officer or employee, and, in the
89	professional judgment of such officer or employee, the agreement
90	is necessary to effectuate an economic development project.
91	(5)  An economic development agency may extend the period
92	of confidentiality specified in subsection (2) for up to an
93	additional 12 months upon written request from the private
94	corporation, partnership, or person who originally requested
95	confidentiality under this section and upon a finding by the
96	economic development agency that such private corporation,
97	partnership, or person is still actively considering locating,
98	relocating, or expanding its business activities in this state.
99	Such a request for an extension in the period of confidentiality
100	must be received prior to the expiration of any confidentiality
101	originally provided under this section.
102	(6)  Notwithstanding the period of confidentiality
103	specified in subsection (2), trade secrets, as defined by s.
104	812.081, contained in the records of an economic development
105	agency relating to the plans, intentions, or interests of a
106	corporation, partnership, or person who has requested
107	confidentiality pursuant to this section are confidential and
108	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
109	Constitution for 10 years after the date an economic development
110	agency receives a request for confidentiality or until otherwise
111	disclosed, whichever occurs first. The 10-year period of
112	confidentiality provided by this subsection does not apply to
113	any portion of the records other than trade secrets as defined
114	by s. 812.081.
115	(7)  Any person who is an employee of an economic
116	development agency who violates the provisions of this section
117	commits a misdemeanor of the second degree, punishable as
118	provided in s. 775.082 or s. 775.083.
119	Section 2.  This act shall take effect October 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.