HB 7047

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act regarding the tobacco settlement
4agreement; amending s. 569.215, F.S., which provides an
5exemption from public records requirements for proprietary
6confidential business information received by the
7Governor, the Attorney General, or outside counsel
8representing the State of Florida in negotiations for
9settlement payments pursuant to the settlement agreement
10in the case of State of Florida et al. v. American Tobacco
11Company et al., or received by the Chief Financial Officer
12or the Auditor General for any purpose relating to
13verifying settlement payments made pursuant to the
14settlement agreement; clarifying the definition of "trade
15secrets" for purposes of the exemption; making editorial
16changes; removing the scheduled repeal of the exemption;
17providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Section 569.215, Florida Statutes, is amended
22to read:
23     569.215  Confidential records relating to tobacco
24settlement agreement.--
25     (1)  Proprietary confidential business information received
26by the Governor, the Attorney General, or outside counsel
27representing the State of Florida in negotiations for settlement
28payments pursuant to the settlement agreement, as amended, in
29the case of State of Florida et al. v. American Tobacco Company
30et al., No. 95-1466AH, in the Circuit Court of the Fifteenth
31Judicial Circuit, in and for Palm Beach County, or received by
32the Chief Financial Officer or the Auditor General for any
33purpose relating to verifying settlement payments made pursuant
34to the settlement agreement is confidential and exempt from the
35provisions of s. 119.07(1) and s. 24(a) of Art. I of the State
36Constitution. Any state or federal agency that is authorized to
37have access to such documents by any provision of law shall be
38granted such access in furtherance of such agency's statutory
39duties, notwithstanding the provisions of this section.
40Proprietary confidential business information received under
41this section shall not retain its confidential and exempt status
42if that information is made public, including publicizing such
43information in a Securities and Exchange Commission filing, an
44annual financial statement, or other document or means. This
45exemption is subject to the Open Government Sunset Review Act of
461995 in accordance with s. 119.15, and shall stand repealed on
47October 2, 2006, unless reviewed and saved from repeal through
48reenactment by the Legislature.
49     (2)  As used in this section, the term "proprietary
50confidential business information" means information, regardless
51of form or characteristics, which is owned or controlled by a
52tobacco company that is a signatory to the settlement agreement,
53as amended, in the case of State of Florida et al. v. American
54Tobacco Company et al., No. 95-1466AH, in the Circuit Court of
55the Fifteenth Judicial Circuit, in and for Palm Beach County, is
56intended to be and is treated by a tobacco company as private in
57that the disclosure of the information would cause harm to the
58company's business operations, and has not been disclosed unless
59disclosed pursuant to a statutory provision, an order of a court
60or administrative body, or private agreement that provides that
61the information will not be released to the public. The term
62includes, but is not limited to:
63     (a)  Trade secrets as defined in s. 688.002.
64     (b)  Information in a Form 10-K that is confidential
65pursuant to an order of the Division of Corporation Finance of
66the Securities and Exchange Commission.
67     (c)  Internal auditing control policies and procedures and
68reports of internal auditors.
69     (d)  Financial operating and marketing information prepared
70in the ordinary course of business, the disclosure of which
71could impair the competitive business of the provider of
72information.
73     (e)  Financial statements, which consist of balance sheets,
74statements of income and cash flows, and notes related thereto,
75of any subsidiary that is part of a consolidated group and
76engaged in the production or sale of tobacco products.
77     (f)  Report letters from independent auditors relating to
78domestic operating company income.
79     (g)  Analyses of specific items of revenue and expense
80included in operating profit and extraordinary items. As used in
81this paragraph, the term "extraordinary items" consists of one-
82time tobacco litigation settlement costs and restructuring
83charges.
84     (h)  Working papers, schedules, analyses, and
85reconciliations prepared by company personnel for the purpose of
86clarifying the disclosures of domestic tobacco revenues and
87operating profit contained in financial statements or other
88information related to the sale or production of tobacco
89products.
90     Section 2.  This act shall take effect October 1, 2006.


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