HB 7013

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding business information provided
4	to a governmental condemning authority; amending s.
5	73.0155, F.S., which provides an exemption from public
6	records requirements for business information provided by
7	the owner of a business to a governmental condemning
8	authority as part of an offer of business damages in
9	presuit negotiations in an eminent domain proceeding;
10	reorganizing the exemption; clarifying provisions;
11	removing superfluous provisions; removing the scheduled
12	repeal of the exemption; providing an effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Section 73.0155, Florida Statutes, is amended
17	to read:
18	73.0155  Confidentiality; business information provided to
19	a governmental condemning authority.--
20	(1)  The following business information provided by the
21	owner of a business to a governmental condemning authority as
22	part of an offer of business damages under s. 73.015 is
23	confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
24	of the State Constitution and s. 119.07(1) if the owner requests
25	in writing that the business information be held confidential
26	and exempt:
27	(a)  Federal tax returns or tax information confidential
28	under 26 U.S.C. s. 6103.
29	(b)  State tax returns or tax information confidential
30	under s. 213.053.
31	(c)  Balance sheets, profit-and-loss statements, cash-flow
32	statements, inventory records, or customer lists or number of
33	customers for a business operating on the parcel to be acquired.
34	(d)  A franchise, distributorship, or lease agreement of
35	which the business operating on the parcel to be acquired is the
36	subject.
37	(e)  Materials that relate to methods of manufacture or
38	production, potential trade secrets, patentable material, or
39	actual trade secrets as defined in s. 688.002.
40	(f)  Other sensitive or proprietary confidential business
41	information related to the business operating on the parcel to
42	be acquired, if the owner attests in writing to the governmental
43	condemning authority that:
44	1.  The information is being relied upon to substantiate a
45	claim for business damages under s. 73.015;
46	2.  The information has not otherwise been publicly
47	disclosed;
48	3.  The information cannot be readily obtained by the
49	public using alternative means;
50	4.  The information is used by the business to protect or
51	further a business advantage over those who do not know or use
52	the information; and
53	5.  The disclosure of the information would injure the
54	business in the marketplace.
55	(2)  At the time that any information made confidential and
56	exempt from disclosure under subsection (1) is legally available
57	or subject to public disclosure for any reason, that information
58	is no longer confidential and exempt and shall be made available
59	for inspection and copying.
60	(2)(3)  An agency as defined in s. 119.011 may inspect and
61	copy the confidential and exempt business records or information
62	made confidential and exempt from disclosure under subsection
63	(1) exclusively for the transaction of official business by, or
64	on behalf of, an agency. An agency receiving this confidential
65	and exempt information must maintain the confidentiality of that
66	information. Any employee or agent of the agency receiving this
67	confidential and exempt information who willfully and knowingly
68	violates this subsection commits a misdemeanor of the first
69	degree, punishable as provided by s. 775.082 or s. 775.083.
70	(3)(4)  This section does not prevent an agency from
71	offering the confidential and exempt business information made
72	confidential and exempt from disclosure under subsection (1) as
73	evidence in a legal proceeding and does not prevent a court from
74	determining whether to close a portion of a court record from
75	subsequent public disclosure after trial in order to maintain
76	the confidentiality of that information.
77	(4)  Any employee or agent of an agency receiving such
78	confidential and exempt business information who willfully and
79	knowingly violates this section commits a misdemeanor of the
80	first degree, punishable as provided in s. 775.082 or s.
81	775.083.
82	(5)  Subsection (1) is subject to the Open Government
83	Sunset Review Act in accordance with s. 119.15 and expires on
84	October 2, 2009, unless reviewed and reenacted by the
85	Legislature.
86	Section 2.  This act shall take effect October 1, 2009.

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