Senate Bill sb0734c1
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Florida Senate - 2006 CS for SB 734
By the Committees on Governmental Oversight and Productivity;
and Commerce and Consumer Services
585-2470-06
1 A bill to be entitled
2 An act relating to a review under the Open
3 Government Sunset Review Act; amending s.
4 288.075, F.S., relating to an exemption from
5 public-records requirements provided for
6 information held by the Office of Tourism,
7 Trade, and Economic Development, an industrial
8 development authority, the Florida Space
9 Authority, the Florida Aerospace Finance
10 Corporation, a public economic development
11 agency of a county or municipality, a research
12 and development authority, or a private agency
13 or other business entity authorized by the
14 state, a municipality, or a county to promote
15 certain business interests; restating
16 applicability of provisions relating to trade
17 secrets; deleting a provision authorizing a
18 court to allow access to such information under
19 certain circumstances; saving the exemption
20 from repeal under the Open Government Sunset
21 Review Act; deleting provisions providing for
22 the repeal of the exemption; providing an
23 effective date.
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25 Be It Enacted by the Legislature of the State of Florida:
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27 Section 1. Section 288.075, Florida Statutes, is
28 amended to read:
29 288.075 Confidentiality of records.--
30 (1) As used in this section, the term "economic
31 development agency" means:
1
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Florida Senate - 2006 CS for SB 734
585-2470-06
1 (a) The Office of Tourism, Trade, and Economic
2 Development;,
3 (b) Any industrial development authority created in
4 accordance with part III of chapter 159 or by special law;,
5 (c) The Florida Space Authority created in part II of
6 chapter 331;,
7 (d) The Florida Aerospace Finance Corporation created
8 in part III of chapter 331;,
9 (e) The public economic development agency of a county
10 or municipality;, or
11 (f) Any research and development authority created in
12 accordance with part V of chapter 159; or. The term also
13 includes
14 (g) Any private agency, person, partnership,
15 corporation, or business entity when authorized by the state,
16 a municipality, or a county to promote the general business
17 interests or industrial interests of the state or that
18 municipality or county.
19 (2) Upon written request from a private corporation,
20 partnership, or person, records of an economic development
21 agency which contain or would provide information held by an
22 economic development agency concerning plans, intentions, or
23 interests of such private corporation, partnership, or person
24 to locate, relocate, or expand any of its business activities
25 in this state is are confidential and exempt from s. 119.07(1)
26 and s. 24(a), Art. I of the State Constitution for 12 24
27 months after the date an economic development agency receives
28 a request for confidentiality or until the disclosed by an
29 economic development agency pursuant to subsection (4) or by
30 the party requesting confidentiality under this section.
31 Confidentiality must be maintained until the expiration of the
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Florida Senate - 2006 CS for SB 734
585-2470-06
1 24-month period or until documents or information is are
2 otherwise disclosed, whichever occurs first. Any
3 confidentiality provided under this section does not apply
4 when any party petitions a court of competent jurisdiction
5 and, in the opinion of the court, proves need for access to
6 such documents. This exemption expires October 2, 2006, and is
7 subject to review by the Legislature under the Open Government
8 Sunset Review Act of 1995 in accordance with s. 119.15.
9 (3) This section does not waive any provision of
10 chapter 120 or any other provision of law requiring a public
11 hearing.
12 (4) A public officer or employee may not enter into a
13 binding agreement with any corporation, partnership, or person
14 who has requested confidentiality of information pursuant to
15 this section, until 90 days after such information is made
16 public, unless such public officer or employee is acting in an
17 official capacity, the agreement does not accrue to the
18 personal benefit of such public officer or employee, and, in
19 the professional judgment of such officer or employee, the
20 agreement is necessary to effectuate an economic development
21 project.
22 (3)(5) An economic development agency may extend the
23 period of confidentiality specified in subsection (2) for up
24 to an additional 12 months upon written request from the
25 private corporation, partnership, or person who originally
26 requested confidentiality under this section and upon a
27 finding by the economic development agency that such private
28 corporation, partnership, or person is still actively
29 considering locating, relocating, or expanding its business
30 activities in this state. Such a request for an extension in
31 the period of confidentiality must be received prior to the
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Florida Senate - 2006 CS for SB 734
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1 expiration of any confidentiality originally provided under
2 this section.
3 (4)(6) Notwithstanding the period of confidentiality
4 specified in subsection (2), Trade secrets, as defined by s.
5 812.081, contained in the records of an economic development
6 agency relating to the plans, intentions, or interests of a
7 corporation, partnership, or person who has requested
8 confidentiality pursuant to this section are confidential and
9 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
10 Constitution for 10 years after the date an economic
11 development agency receives a request for confidentiality or
12 until otherwise disclosed, whichever occurs first. The 10-year
13 period of confidentiality provided by this subsection does not
14 apply to any portion of the records other than trade secrets
15 as defined by s. 812.081.
16 (5) A public officer or employee may not enter into a
17 binding agreement with any corporation, partnership, or person
18 who has requested confidentiality of information pursuant to
19 this section until 90 days after the information is made
20 public unless:
21 (a) The public officer or employee is acting in an
22 official capacity;
23 (b) The agreement does not accrue to the personal
24 benefit of such public officer or employee; and
25 (c) In the professional judgment of the officer or
26 employee, the agreement is necessary to effectuate an economic
27 development project.
28 (6)(7) Any person who is an employee of an economic
29 development agency who violates the provisions of this section
30 commits a misdemeanor of the second degree, punishable as
31 provided in s. 775.082 or s. 775.083.
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Florida Senate - 2006 CS for SB 734
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1 Section 2. This act shall take effect October 1, 2006.
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3 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
4 Senate Bill 734
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6 Narrows the initial exemption period of 24-months to
12-months, while retaining one 12-month extension option.
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