HB 491

1	A bill to be entitled
2	An act relating to public records; creating s.
3	551.303, F.S.; providing definitions; providing an
4	exemption from public records requirements for
5	confidential and proprietary business information and
6	trade secrets received by the State Gaming Commission;
7	providing an exemption from public records
8	requirements for information held that would reveal
9	investigation techniques and procedures used by the
10	State Gaming Commission; providing a definition;
11	providing an exception to the exemption for other
12	governmental entities having oversight or regulatory
13	or law enforcement authority; providing penalties for
14	an employee of the commission who violates the
15	provisions of the act; providing for future review and
16	repeal of the exemption under the Open Government
17	Sunset Review Act; providing a statement of public
18	necessity; providing a contingent effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Section 551.303, Florida Statutes, is created
23	to read:
24	551.303  Confidentiality of records.-
25	(1)  DEFINITIONS.-As used in this section, the term:
26	(a)  "Proprietary confidential business information" means
27	information that is owned or controlled by an applicant for a
28	license or a licensee under this part who requests
29	confidentiality under this section; that is intended to be and
30	is treated by the applicant or licensee as private in that the
31	disclosure of the information would cause harm to the business
32	operations of the applicant or licensee; that has not been
33	disclosed unless disclosed pursuant to a statute or rule, an
34	order of a court or administrative body, or a private agreement
35	providing that the information may be released to the public;
36	and that is information concerning:
37	1.  Business plans;
38	2.  Internal auditing controls and reports of internal
39	auditors; or
40	3.  Reports of external auditors for privately held
41	companies.
42	(b)  "Trade secret" has the same meaning as in s. 688.002.
43	(2)  TRADE SECRETS.-Trade secrets held by the State Gaming
44	Commission are confidential and exempt from s. 119.07(1) and s.
45	24(a), Art. I of the State Constitution.
46	(3)  PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.-
47	Proprietary confidential business information held by the State
48	Gaming Commission is confidential and exempt from s. 119.07(1)
49	and s. 24(a), Art. I of the State Constitution until such
50	information is otherwise publicly available or is no longer
51	treated by an applicant for a license or a licensee under this
52	part as proprietary confidential business information.
53	(4)  IDENTIFICATION, ACCOUNT, AND REGISTRATION NUMBERS.-A
54	federal employer identification number, unemployment
55	compensation account number, or Florida sales tax registration
56	number held by the State Gaming Commission is confidential and
57	exempt from s. 119.07(1) and s. 24(a), Art. I of the State
58	Constitution.
59	(5)  INVESTIGATION TECHNIQUES AND PROCEDURES.-
60	(a)  As used in this subsection, the term "investigation
61	techniques and procedures" means the methods, processes, and
62	guidelines used to evaluate regulatory compliance and to collect
63	and analyze data, records, and testimony for the purpose of
64	documenting violations of this part and the rules adopted
65	thereunder.
66	(b)  Information that would reveal examination techniques
67	or procedures used by the State Gaming Commission pursuant to
68	this part is confidential and exempt from s. 119.07(1) and s.
69	24(a), Art. I of the State Constitution.
70	(c)  Confidential and exempt information that would reveal
71	examination techniques or procedures may be provided by the
72	commission to another governmental entity having oversight or
73	regulatory or law enforcement authority.
74	(6)  PENALTIES.-Any person who is an employee of the State
75	Gaming Commission who violates this section commits a
76	misdemeanor of the second degree, punishable as provided in s.
77	775.082 or s. 775.083.
78	(7)  LEGISLATIVE REVIEW OF EXEMPTIONS.-This section is
79	subject to the Open Government Sunset Review Act in accordance
80	with s. 119.15 and shall stand repealed on October 2, 2017,
81	unless reviewed and saved from repeal through reenactment by the
82	Legislature.
83	Section 2.  (1)  It is the finding of the Legislature that
84	it is a public necessity that information relating to
85	proprietary confidential business information and trade secrets
86	under part III of chapter 551, Florida Statutes, be made
87	confidential and exempt from s. 119.07(1), Florida Statutes, and
88	s. 24(a), Article I of the State Constitution. This exemption is
89	necessary to ensure that the best qualified applicants are not
90	deterred from applying for licenses by the prospect of the
91	disclosure of proprietary confidential business information and
92	trade secrets.
93	(2)  Part III of chapter 551, Florida Statutes, provides
94	for a competitive process for the award of a destination resort
95	license. The selection of the best qualified applicant for a
96	license is critical for the state to ensure that the state
97	receives the most economic benefits and greatest amount of tax
98	revenues in granting a resort license.
99	(3)(a)  It is the finding of the Legislature that it is a
100	public necessity that information that would reveal
101	investigation techniques or procedures used by the State Gaming
102	Commission pursuant to part III of chapter 551, Florida
103	Statutes, be made confidential and exempt from s. 119.07(1),
104	Florida Statutes, and s. 24(a), Article I of the State
105	Constitution. This exemption is necessary to ensure the
106	commission's ability to effectively and efficiently enforce
107	compliance with part III of chapter 551, Florida Statutes, which
108	would be significantly impaired without the exemption.
109	(b)  Investigations are an essential component of gaming
110	regulation. The mere existence of an investigation program
111	fosters regulatory compliance and deters fraud and abuse by
112	industry participants. Investigations often detect violations in
113	their early stages. Early detection allows corrective action to
114	be taken before significant harm can be done to the state. Due
115	to the importance of such investigations, state regulators
116	devote extensive resources to devising effective investigation
117	techniques and procedures.
118	(c)  Allowing access to information revealing investigation
119	techniques or procedures would undermine the investigation
120	process and facilitate evasion of the law. Any advance notice of
121	the areas of inquiry to be explored during an examination might
122	prompt a person to conceal evidence of deficiencies or fabricate
123	evidence of compliance. Without the exemption, the State Gaming
124	Commission's ability to uncover misconduct and evaluate policies
125	and procedures through the investigation process would be
126	significantly impaired.
127	(d)  Additionally, without such an exemption, the State
128	Gaming Commission's ability to participate in joint
129	investigations with other regulators would be impaired as
130	release of this information relating to investigations by other
131	regulators would compromise the integrity of such joint
132	investigations. The commission also would not be able to accept
133	or use confidential examination techniques and procedures
134	developed by other regulators. Thus, the absence of an exemption
135	would create a situation that reduces the commission's ability
136	to leverage its limited resources.
137	Section 3.  This act shall take effect on the same date
138	that HB 487 or similar legislation takes effect, if such
139	legislation is enacted in the same legislative session, or an
140	extension thereof, and becomes law, and only if this act is
141	enacted by a two-thirds vote of the membership of each house of
142	the Legislature.

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