| 1 | A bill to be entitled |
| 2 | An act relating to public records; creating s. 332.16, |
| 3 | F.S.; providing definitions; providing an exemption from |
| 4 | public records requirements for proprietary confidential |
| 5 | business information and trade secrets held by a public |
| 6 | airport and for any proposal or counterproposal exchanged |
| 7 | between a public airport and a nongovernmental entity |
| 8 | relating to the sale, use, development, or lease of |
| 9 | airport facilities; providing for expiration of the |
| 10 | exemptions; providing for future legislative review and |
| 11 | repeal of the exemptions under the Open Government Sunset |
| 12 | Review Act; providing a finding of public necessity; |
| 13 | providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 332.16, Florida Statutes, is created to |
| 18 | read: |
| 19 | 332.16 Public record exemptions.- |
| 20 | (1) DEFINITIONS.-As used in this section, the term: |
| 21 | (a) "Airport facilities" means airports, buildings, |
| 22 | structures, terminal buildings, parking garages and lots, |
| 23 | hangars, land, warehouses, shops, hotels, other aviation |
| 24 | facilities of any kind or nature, or any other facility of any |
| 25 | kind or nature related to or connected with a public airport and |
| 26 | other aviation facility that a public airport is authorized by |
| 27 | law to construct, acquire, own, lease, or operate, together with |
| 28 | all fixtures, equipment, and property, real or personal, |
| 29 | tangible or intangible, necessary, appurtenant, or incidental |
| 30 | thereto. |
| 31 | (b) "Governing body" means the board or body in which the |
| 32 | general legislative powers of a public airport is vested. |
| 33 | (c) "Proprietor" means a self-employed individual, |
| 34 | proprietorship, corporation, partnership, limited partnership, |
| 35 | firm, enterprise, franchise, association, trust, or business |
| 36 | entity, whether fictitiously named or not, authorized to do or |
| 37 | doing business in this state, including its respective |
| 38 | authorized officer, employee, agent, or successor in interest, |
| 39 | which controls or owns the proprietary confidential business |
| 40 | information provided to a public airport. |
| 41 | (d) "Proprietary confidential business information" means |
| 42 | information that is owned or controlled by the proprietor |
| 43 | requesting confidentiality under this section; that is intended |
| 44 | to be and is treated by the proprietor as private in that the |
| 45 | disclosure of the information would cause harm to the business |
| 46 | operations of the proprietor; that has not been disclosed unless |
| 47 | disclosed pursuant to a statutory provision, an order of a court |
| 48 | or administrative body, or a private agreement providing that |
| 49 | the information may be released to the public; and that is |
| 50 | information concerning: |
| 51 | 1. Business plans. |
| 52 | 2. Internal auditing controls and reports of internal |
| 53 | auditors. |
| 54 | 3. Reports of external auditors for privately held |
| 55 | companies. |
| 56 | 4. Client and customer lists. |
| 57 | 5. Potentially patentable material. |
| 58 | 6. Business transactions; however, business transactions |
| 59 | do not include those transactions between a proprietor and a |
| 60 | public airport. |
| 61 | 7. Financial information of the proprietor. |
| 62 | (e) "Public airport" has the same meaning as provided in |
| 63 | s. 330.27 and includes areas defined in s. 332.01(3). |
| 64 | (f) "Trade secrets" has the same meaning as in s. 688.002. |
| 65 | (2) PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.- |
| 66 | Proprietary confidential business information held by a public |
| 67 | airport is confidential and exempt from s. 119.07(1) and s. |
| 68 | 24(a), Art. I of the State Constitution, until such information |
| 69 | is otherwise publicly available or is no longer treated by the |
| 70 | proprietor as proprietary confidential business information. |
| 71 | (3) TRADE SECRETS.-Trade secrets held by a public airport |
| 72 | are confidential and exempt from s. 119.07(1) and s. 24(a), Art. |
| 73 | I of the State Constitution. |
| 74 | (4) SALE, USE, DEVELOPMENT, OR LEASE OF AIRPORT |
| 75 | FACILITIES.-Any proposal or counterproposal exchanged between a |
| 76 | public airport and a nongovernmental entity relating to the |
| 77 | sale, use, development, or lease of airport facilities is exempt |
| 78 | from s. 119.07(1) and s. 24(a), Art. I of the State |
| 79 | Constitution. However, any such proposal or counterproposal |
| 80 | shall cease to be exempt upon approval by the governing body of |
| 81 | a public airport. If no proposal or counterproposal is submitted |
| 82 | to the governing body for approval, such proposal or |
| 83 | counterproposal shall cease to be exempt 90 days after the |
| 84 | cessation of negotiations between the public airport and the |
| 85 | nongovernmental entity. |
| 86 | (5) LEGISLATIVE REVIEW.-This section is subject to the |
| 87 | Open Government Sunset Review Act in accordance with s. 119.15, |
| 88 | and shall stand repealed on October 2, 2016, unless reviewed and |
| 89 | saved from repeal through reenactment by the Legislature. |
| 90 | Section 2. (1) The Legislature finds that it is a public |
| 91 | necessity that trade secrets and proprietary confidential |
| 92 | business information, including business plans, internal |
| 93 | auditing controls and reports of internal auditors, reports of |
| 94 | external auditors for privately held companies, client and |
| 95 | customer lists, potentially patentable material, certain |
| 96 | business transactions, and financial information of the |
| 97 | proprietor be made confidential and exempt from s. 119.07(1), |
| 98 | Florida Statutes, and s. 24(a), Article I of the State |
| 99 | Constitution. Trade secrets and proprietary confidential |
| 100 | business information derive independent economic value, actual |
| 101 | or potential, from not being generally known to, and not being |
| 102 | readily ascertainable by, other persons who could obtain |
| 103 | economic value from its disclosure or use. An airport, in |
| 104 | performing its lawful duties and responsibilities, may need to |
| 105 | obtain from a proprietor trade secrets or proprietary |
| 106 | confidential business information. Without an exemption from |
| 107 | public records requirements, trade secrets and proprietary |
| 108 | confidential business information held by an airport become a |
| 109 | public record and must be divulged upon request. Divulging the |
| 110 | trade secret or proprietary confidential business information |
| 111 | would destroy the value of that property to the proprietor, |
| 112 | causing a financial loss not only to the proprietor, but also to |
| 113 | the airport and to the state and local governments due to a loss |
| 114 | of tax revenue and employment opportunities for residents. |
| 115 | Release of that information would give business competitors an |
| 116 | unfair advantage and would injure the affected entity in the |
| 117 | marketplace. Thus, the Legislature finds that it is a public |
| 118 | necessity that trade secrets and proprietary confidential |
| 119 | business information held by a public airport be made |
| 120 | confidential and exempt from public records requirements. |
| 121 | (2) The Legislature also finds that it is a public |
| 122 | necessity that any proposal or counterproposal exchanged between |
| 123 | a nongovernmental entity and any public airport listed in s. |
| 124 | 330.27, Florida Statutes, which includes areas defined in s. |
| 125 | 332.01(3), Florida Statutes, relating to the sale, use, or lease |
| 126 | of land or airport facilities, be made exempt from public |
| 127 | records requirements until approved by the governing body of the |
| 128 | airport. Proposals and counterproposals submitted to an airport |
| 129 | contain sensitive and confidential business and financial |
| 130 | information. Competing entities can gain access to such |
| 131 | proposals, and, in some instances, the affected nongovernmental |
| 132 | entity has abandoned its contractual efforts with the airport, |
| 133 | to the airport's financial detriment. Confidential business and |
| 134 | financial records submitted to an airport for purposes of the |
| 135 | sale, use, or lease of land or of airport facilities contain |
| 136 | sensitive information, the release of which would give |
| 137 | competitors an unfair economic advantage. Finally, such |
| 138 | exemption is necessary in order for Florida airports to more |
| 139 | effectively and efficiently negotiate contracts for the sale, |
| 140 | use, or lease of airport facilities. |
| 141 | Section 3. This act shall take effect July 1, 2011. |