Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 994
       
       
       
       
       
       
                                Barcode 496966                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2011           .                                
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       The Committee on Commerce and Tourism (Gaetz) recommended the
       following:
       
    1         Senate Substitute for Amendment (138788) (with title
    2  amendment)
    3  
    4  
    5         Delete everything after the enacting clause
    6  and insert:
    7         Section 1. Section 332.16, Florida Statutes, is created to
    8  read:
    9         332.16 Public-record exemptions.—
   10         (1) DEFINITIONS.—As used in this section, the term:
   11         (a) “Airport facilities” means airports, buildings,
   12  structures, terminal buildings, parking garages and lots,
   13  hangars, land, warehouses, shops, hotels, other aviation
   14  facilities of any kind or nature, or any other facility of any
   15  kind or nature related to or connected with a public airport and
   16  other aviation facility that a public airport is authorized by
   17  law to construct, acquire, own, lease, or operate, together with
   18  all fixtures, equipment, and property, real or personal,
   19  tangible or intangible, necessary, appurtenant, or incidental
   20  thereto.
   21         (b) “Governing body” means the board or body in which the
   22  general legislative powers of a public airport is vested.
   23         (c) “Proprietor” means a self-employed individual,
   24  proprietorship, corporation, partnership, limited partnership,
   25  firm, enterprise, franchise, association, trust, or business
   26  entity, whether fictitiously named or not, authorized to do or
   27  doing business in this state, including its respective
   28  authorized officer, employee, agent, or successor in interest,
   29  which controls or owns the proprietary confidential business
   30  information provided to a public airport.
   31         (d) “Proprietary confidential business information” means
   32  information that is owned or controlled by the proprietor
   33  requesting confidentiality under this section; that is intended
   34  to be and is treated by the proprietor as private in that the
   35  disclosure of the information would cause harm to the business
   36  operations of the proprietor; that has not been disclosed unless
   37  disclosed pursuant to a statutory provision, an order of a court
   38  or administrative body, or a private agreement providing that
   39  the information may be released to the public; and that is
   40  information concerning:
   41         1. Business plans.
   42         2. Internal auditing controls and reports of internal
   43  auditors.
   44         3. Reports of external auditors for privately held
   45  companies.
   46         4. Client and customer lists.
   47         5. Potentially patentable material.
   48         6. Business transactions; however, business transactions do
   49  not include those transactions between a proprietor and a public
   50  airport.
   51         7. Financial information of the proprietor.
   52         (e) “Public airport” has the same meaning as provided in s.
   53  330.27 and includes areas defined in s. 332.01(3).
   54         (f) “Trade secrets” has the same meaning as in s. 688.002.
   55         (2) PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.
   56  Proprietary confidential business information held by a public
   57  airport is confidential and exempt from s. 119.07(1) and s.
   58  24(a), Art. I of the State Constitution, until such information
   59  is otherwise publicly available or is no longer treated by the
   60  proprietor as proprietary confidential business information.
   61         (3) TRADE SECRETS.—Trade secrets held by a public airport
   62  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   63  I of the State Constitution.
   64         (4) SALE, USE, DEVELOPMENT, OR LEASE OF AIRPORT
   65  FACILITIES.—Any proposal or counterproposal exchanged between a
   66  public airport and a nongovernmental entity relating to the
   67  sale, use, development, or lease of airport facilities is exempt
   68  from s. 119.07(1) and s. 24(a), Art. I of the State
   69  Constitution. However, any such proposal or counterproposal
   70  shall cease to be exempt upon approval by the governing body of
   71  a public airport. If no proposal or counterproposal is submitted
   72  to the governing body for approval, such proposal or
   73  counterproposal shall cease to be exempt 90 days after the
   74  cessation of negotiations between the public airport and the
   75  nongovernmental entity.
   76         (5) LEGISLATIVE REVIEW.—This section is subject to the Open
   77  Government Sunset Review Act in accordance with s. 119.15, and
   78  shall stand repealed on October 2, 2016, unless reviewed and
   79  saved from repeal through reenactment by the Legislature.
   80         Section 2. (1) The Legislature finds that it is a public
   81  necessity that trade secrets and proprietary confidential
   82  business information, including business plans, internal
   83  auditing controls and reports of internal auditors, reports of
   84  external auditors for privately held companies, client and
   85  customer lists, potentially patentable material, certain
   86  business transactions, and financial information of the
   87  proprietor be made confidential and exempt from s. 119.07(1),
   88  Florida Statutes, and s. 24(a), Article I of the State
   89  Constitution. Trade secrets and proprietary confidential
   90  business information derive independent economic value, actual
   91  or potential, from not being generally known to, and not being
   92  readily ascertainable by, other persons who could obtain
   93  economic value from its disclosure or use. An airport, in
   94  performing its lawful duties and responsibilities, may need to
   95  obtain from a proprietor trade secrets or proprietary
   96  confidential business information. Without an exemption from
   97  public-records requirements, trade secrets and proprietary
   98  confidential business information held by an airport become a
   99  public record and must be divulged upon request. Divulging the
  100  trade secret or proprietary confidential business information
  101  would destroy the value of that property to the proprietor,
  102  causing a financial loss not only to the proprietor, but also to
  103  the airport and to the state and local governments due to a loss
  104  of tax revenue and employment opportunities for residents.
  105  Release of that information would give business competitors an
  106  unfair advantage and would injure the affected entity in the
  107  marketplace. Thus, the Legislature finds that it is a public
  108  necessity that trade secrets and proprietary confidential
  109  business information held by a public airport be made
  110  confidential and exempt from public-records requirements.
  111         (2) The Legislature also finds that it is a public
  112  necessity that any proposal or counterproposal exchanged between
  113  a nongovernmental entity and any public airport listed in s.
  114  330.27, Florida Statutes, which includes areas defined in s.
  115  332.01(3), Florida Statutes, relating to the sale, use, or lease
  116  of land or airport facilities, be made exempt from public
  117  records requirements until approved by the governing body of the
  118  airport. Proposals and counterproposals submitted to an airport
  119  contain sensitive and confidential business and financial
  120  information. Competing entities can gain access to such
  121  proposals, and, in some instances, the affected nongovernmental
  122  entity has abandoned its contractual efforts with the airport,
  123  to the airport’s financial detriment. Confidential business and
  124  financial records submitted to an airport for purposes of the
  125  sale, use, or lease of land or of airport facilities contain
  126  sensitive information, the release of which would give
  127  competitors an unfair economic advantage. Finally, such
  128  exemption is necessary in order for Florida airports to more
  129  effectively and efficiently negotiate contracts for the sale,
  130  use, or lease of airport facilities.
  131         Section 3. This act shall take effect July 1, 2011.
  132  
  133  ================= T I T L E  A M E N D M E N T ================
  134         And the title is amended as follows:
  135         Delete everything before the enacting clause
  136  and insert:
  137                        A bill to be entitled                      
  138         An act relating to public records; creating s. 332.16,
  139         F.S.; providing definitions; providing an exemption
  140         from public-records requirements for proprietary
  141         confidential business information and trade secrets
  142         held by a public airport and for any proposal or
  143         counterproposal exchanged between a public airport and
  144         a nongovernmental entity relating to the sale, use,
  145         development, or lease of airport facilities; providing
  146         for expiration of the exemptions; providing for future
  147         legislative review and repeal of the exemptions under
  148         the Open Government Sunset Review Act; providing a
  149         finding of public necessity; providing an effective
  150         date.