1 | A bill to be entitled |
2 | An act relating to a review under the Open Government |
3 | Sunset Review Act regarding the tobacco settlement |
4 | agreement; amending s. 569.215, F.S., which provides an |
5 | exemption from public records requirements for proprietary |
6 | confidential business information received by the |
7 | Governor, the Attorney General, or outside counsel |
8 | representing the State of Florida in negotiations for |
9 | settlement payments pursuant to the settlement agreement |
10 | in the case of State of Florida et al. v. American Tobacco |
11 | Company et al., or received by the Chief Financial Officer |
12 | or the Auditor General for any purpose relating to |
13 | verifying settlement payments made pursuant to the |
14 | settlement agreement; clarifying the definition of "trade |
15 | secrets" for purposes of the exemption; making editorial |
16 | changes; removing the scheduled repeal of the exemption; |
17 | providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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21 | Section 1. Section 569.215, Florida Statutes, is amended |
22 | to read: |
23 | 569.215 Confidential records relating to tobacco |
24 | settlement agreement.-- |
25 | (1) Proprietary confidential business information received |
26 | by the Governor, the Attorney General, or outside counsel |
27 | representing the State of Florida in negotiations for settlement |
28 | payments pursuant to the settlement agreement, as amended, in |
29 | the case of State of Florida et al. v. American Tobacco Company |
30 | et al., No. 95-1466AH, in the Circuit Court of the Fifteenth |
31 | Judicial Circuit, in and for Palm Beach County, or received by |
32 | the Chief Financial Officer or the Auditor General for any |
33 | purpose relating to verifying settlement payments made pursuant |
34 | to the settlement agreement is confidential and exempt from the |
35 | provisions of s. 119.07(1) and s. 24(a) of Art. I of the State |
36 | Constitution. Any state or federal agency that is authorized to |
37 | have access to such documents by any provision of law shall be |
38 | granted such access in furtherance of such agency's statutory |
39 | duties, notwithstanding the provisions of this section. |
40 | Proprietary confidential business information received under |
41 | this section shall not retain its confidential and exempt status |
42 | if that information is made public, including publicizing such |
43 | information in a Securities and Exchange Commission filing, an |
44 | annual financial statement, or other document or means. This |
45 | exemption is subject to the Open Government Sunset Review Act of |
46 | 1995 in accordance with s. 119.15, and shall stand repealed on |
47 | October 2, 2006, unless reviewed and saved from repeal through |
48 | reenactment by the Legislature. |
49 | (2) As used in this section, the term "proprietary |
50 | confidential business information" means information, regardless |
51 | of form or characteristics, which is owned or controlled by a |
52 | tobacco company that is a signatory to the settlement agreement, |
53 | as amended, in the case of State of Florida et al. v. American |
54 | Tobacco Company et al., No. 95-1466AH, in the Circuit Court of |
55 | the Fifteenth Judicial Circuit, in and for Palm Beach County, is |
56 | intended to be and is treated by a tobacco company as private in |
57 | that the disclosure of the information would cause harm to the |
58 | company's business operations, and has not been disclosed unless |
59 | disclosed pursuant to a statutory provision, an order of a court |
60 | or administrative body, or private agreement that provides that |
61 | the information will not be released to the public. The term |
62 | includes, 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 |
65 | pursuant to an order of the Division of Corporation Finance of |
66 | the Securities and Exchange Commission. |
67 | (c) Internal auditing control policies and procedures and |
68 | reports of internal auditors. |
69 | (d) Financial operating and marketing information prepared |
70 | in the ordinary course of business, the disclosure of which |
71 | could impair the competitive business of the provider of |
72 | information. |
73 | (e) Financial statements, which consist of balance sheets, |
74 | statements of income and cash flows, and notes related thereto, |
75 | of any subsidiary that is part of a consolidated group and |
76 | engaged in the production or sale of tobacco products. |
77 | (f) Report letters from independent auditors relating to |
78 | domestic operating company income. |
79 | (g) Analyses of specific items of revenue and expense |
80 | included in operating profit and extraordinary items. As used in |
81 | this paragraph, the term "extraordinary items" consists of one- |
82 | time tobacco litigation settlement costs and restructuring |
83 | charges. |
84 | (h) Working papers, schedules, analyses, and |
85 | reconciliations prepared by company personnel for the purpose of |
86 | clarifying the disclosures of domestic tobacco revenues and |
87 | operating profit contained in financial statements or other |
88 | information related to the sale or production of tobacco |
89 | products. |
90 | Section 2. This act shall take effect October 1, 2006. |