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

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