HB 7017

CS

CHAMBER ACTION

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

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