HB 7153

1	A bill to be entitled
2	An act relating to the Open Government Sunset Review Act;
3	amending ss. 27.151, 378.406, 400.0077, 403.111, and
4	655.0321, F.S.; correcting cross-references to a repealed
5	section of Florida Statutes; providing an effective date.
6
7	Be It Enacted by the Legislature of the State of Florida:
8
9	Section 1.  Section 27.151, Florida Statutes, is amended to
10	read:
11	27.151  Confidentiality of specified executive orders;
12	criteria.-
13	(1)  If the Governor provides in an executive order issued
14	pursuant to s. 27.14 or s. 27.15 that the order or a portion
15	thereof is confidential, the order or portion so designated, the
16	application of the Governor to the Supreme Court and all
17	proceedings thereon, and the order of the Supreme Court shall be
18	confidential and exempt from the provisions of s. 119.07(1).
19	(2)  The Governor shall base his or her decision to make an
20	executive order confidential on the criteria set forth in s.
21	119.15(6)(b) 119.14.
22	(3)  To maintain the confidentiality of the executive
23	order, the state attorney, upon entering the circuit of
24	assignment, shall immediately have the executive order sealed by
25	the court prior to filing it with the clerk of the circuit
26	court. The Governor may make public any executive order issued
27	pursuant to s. 27.14 or s. 27.15 by a subsequent executive
28	order, and at the expiration of a confidential executive order
29	or any extensions thereof, the executive order and all
30	associated orders and reports shall be open to the public
31	pursuant to chapter 119 unless the information contained in the
32	executive order is confidential pursuant to the provisions of
33	chapter 39, chapter 415, chapter 984, or chapter 985.
34	Section 2.  Paragraph (a) of subsection (1) of section
35	378.406, Florida Statutes, is amended to read:
36	378.406  Confidentiality of records; availability of
37	information.-
38	(1)(a)  Any information relating to prospecting, rock
39	grades, or secret processes or methods of operation which may be
40	required, ascertained, or discovered by inspection or
41	investigation shall be exempt from the provisions of s.
42	119.07(1), shall not be disclosed in public hearings, and shall
43	be kept confidential by any member, officer, or employee of the
44	department, if the applicant requests the department to keep
45	such information confidential and informs the department of the
46	basis for such confidentiality. Should the secretary determine
47	that such information requested to be kept confidential shall
48	not be kept confidential, the secretary shall provide the
49	operator with not less than 30 days' notice of his or her intent
50	to release the information. When making his or her
51	determination, the secretary shall consider the public purposes
52	specified in s. 119.15(6)(b) 119.14(4)(b).
53	Section 3.  Paragraph (c) of subsection (1) of section
54	400.0077, Florida Statutes, is amended to read:
55	400.0077  Confidentiality.-
56	(1)  The following are confidential and exempt from the
57	provisions of s. 119.07(1):
58	(c)  Any other information about a complaint, including any
59	problem identified by an ombudsman council as a result of an
60	investigation, unless an ombudsman council determines that the
61	information does not meet any of the criteria specified in s.
62	119.15(6)(b) 119.14(4)(b); or unless the information is to
63	collect data for submission to those entities specified in s.
64	712(c) of the federal Older Americans Act for the purpose of
65	identifying and resolving significant problems.
66	Section 4.  Subsection (1) of section 403.111, Florida
67	Statutes, is amended to read:
68	403.111  Confidential records.-
69	(1)  Any information, other than effluent data and those
70	records described in 42 U.S.C. s. 7661a(b)(8), relating to
71	secret processes or secret methods of manufacture or production,
72	or relating to costs of production, profits, or other financial
73	information which is otherwise not public record, which may be
74	required, ascertained, or discovered by inspection or
75	investigation shall be exempt from the provisions of s.
76	119.07(1), shall not be disclosed in public hearings, and shall
77	be kept confidential by any member, officer, or employee of the
78	department, upon a showing satisfactory to the department that
79	the information should be kept confidential. The person from
80	whom the information is obtained must request that the
81	department keep such information confidential and must inform
82	the department of the basis for the claim of confidentiality.
83	The department shall, subject to notice and opportunity for
84	hearing, determine whether the information requested to be kept
85	confidential should or should not be kept confidential. The
86	department shall determine whether the information submitted
87	should be kept confidential pursuant to the public purpose test
88	as stated in s. 119.15(6)(b)3. 119.14(4)(b)3.
89	Section 5.  Section 655.0321, Florida Statutes, is amended
90	to read:
91	655.0321  Restricted access to certain hearings,
92	proceedings, and related documents.-The office shall consider
93	the public purposes specified in s. 119.15(6)(b) 119.14(4)(b) in
94	determining whether the hearings and proceedings conducted
95	pursuant to s. 655.033 for the issuance of cease and desist
96	orders and s. 655.037 for the issuance of suspension or removal
97	orders shall be closed and exempt from the provisions of s.
98	286.011, and whether related documents shall be confidential and
99	exempt from the provisions of s. 119.07(1).
100	Section 6.  This act shall take effect July 1, 2010.

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