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. |