Florida Senate - 2013 CS for SB 984 By the Committee on Environmental Preservation and Conservation; and Senators Richter and Smith 592-04032-13 2013984c1 1 A bill to be entitled 2 An act relating to public records; creating s. 3 377.24075, F.S.; creating an exemption from public 4 records requirements for certain information provided 5 in an application for a natural gas storage facility 6 permit to inject and recover gas into and from a 7 natural gas storage reservoir; providing for future 8 review and repeal of the public records exemption 9 under the Open Government Sunset Review Act; providing 10 a statement of public necessity; providing a 11 contingent effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 377.24075, Florida Statutes, is created 16 to read: 17 377.24075 Exemption from public records requirements. 18 Proprietary business information held by the Department of 19 Environmental Protection in accordance with its statutory duties 20 with respect to an application for a natural gas storage 21 facility permit is confidential and exempt from s. 119.07(1) and 22 s. 24(a), Art. I of the State Constitution. 23 (1) As used in this section, the term “proprietary business 24 information” means information that: 25 (a) Is owned or controlled by the applicant or a person 26 affiliated with the applicant. 27 (b) Is intended to be private and is treated by the 28 applicant as private because disclosure would harm the applicant 29 or the applicant’s business operations. 30 (c) Has not been disclosed except as required by law or a 31 private agreement that provides that the information will not be 32 released to the public. 33 (d) Is not publicly available or otherwise readily 34 ascertainable through proper means from another source in the 35 same configuration as requested by the department. 36 (e) Includes, but is not limited to: 37 1. Trade secrets; 38 2. Leasing plans, real property acquisition plans, 39 exploration budgets, or marketing studies, the disclosure of 40 which would impair the efforts of the applicant or its 41 affiliates to contract for goods or services or to acquire real 42 property interests on favorable terms; or 43 3. Competitive interests, which may include well design or 44 completion plans, geological or engineering studies related to 45 storage reservoir performance characteristics, or field 46 utilization strategies or operating plans, the disclosure of 47 which would impair the competitive business of the applicant 48 providing the information. 49 (f) May be found in a document: 50 1. Filed with the Department of Environmental Protection by 51 the applicant or affiliated person seeking a natural gas storage 52 facility permit pursuant to s. 377.2407; or 53 2. Sent to the Department of Environmental Protection from 54 another governmental entity for use by the department in the 55 performance of its duties. This subparagraph applies only if the 56 information is otherwise confidential or exempt as held by the 57 governmental entity. 58 (2) The Department of Environmental Protection may disclose 59 confidential and exempt proprietary business information: 60 (a) Pursuant to a court order; 61 (b) If the applicant to which it pertains gives prior 62 written consent; or 63 (c) To another state agency in this or another state or to 64 a federal agency if the recipient agrees in writing to maintain 65 the confidential and exempt status of the document, material, or 66 other information and has verified in writing its legal 67 authority to maintain such confidentiality. 68 (3) This section is subject to the Open Government Sunset 69 Review Act in accordance with s. 119.15 and shall stand repealed 70 on October 2, 2018, unless reviewed and saved from repeal 71 through reenactment by the Legislature. 72 Section 2. (1) The Legislature finds that it is a public 73 necessity that proprietary business information provided to the 74 Department of Environmental Protection which relates to trade 75 secrets, leasing plans, real property acquisition plans, 76 exploration budgets, proprietary well design or completion 77 plans, geological or engineering studies related to storage 78 reservoir performance characteristics, field utilization 79 strategies or operating plans, commercial or marketing studies, 80 or other proprietary business information provided by a person 81 in conjunction with an application to establish an underground 82 natural gas storage facility as defined in s. 377.19, Florida 83 Statutes, be made confidential and exempt from s. 119.07(1), 84 Florida Statutes, and s. 24(a), Article I of the State 85 Constitution. The disclosure of such proprietary business 86 information could injure an applicant in the marketplace by 87 giving competitors detailed insight into technical assessments, 88 design, and experience, thereby putting the applicant at a 89 competitive disadvantage. Without this exemption, applicants 90 might be less willing to expend or commit to expend the 91 substantial resources necessary to determine the feasibility of 92 establishing, permitting, and operating an underground natural 93 gas storage facility, resulting in limited opportunities for 94 developing the additional natural gas storage capacity that this 95 state critically needs to meet current and future residential, 96 commercial, and industrial energy needs. The resulting lack of 97 resources could hinder the ability of electric utility services 98 to optimize services to their customers and could adversely 99 affect those customers by depriving them of the opportunities 100 and energy security that comes with domestic reserves of natural 101 gas stored underground. 102 (2) Proprietary business information derives actual or 103 potential independent economic value from not being generally 104 known to and not being readily ascertainable by other persons 105 who can derive economic value from its disclosure or use. The 106 Department of Environmental Protection, in the course of 107 reviewing and issuing permitting decisions relating to 108 underground natural gas storage facility permits, may need to 109 obtain proprietary business information. Disclosure of such 110 information could destroy the value of that property and could 111 cause economic harm to the applicant providing the information. 112 Additionally, the reduced competition for the provision of 113 domestic underground storage of natural gas could adversely 114 affect energy utility customers. The exemption created by this 115 act will enhance the ability to increase domestic storage of 116 natural gas, thereby creating a significant benefit to energy 117 utility customers. In finding that the public records exemption 118 created by this act is a public necessity, the Legislature also 119 finds that any public benefit derived from disclosure of the 120 information is significantly outweighed by the public and 121 private harm that could result from disclosure after submittal 122 of such proprietary business information. 123 Section 3. This act shall take effect October 1, 2013, if 124 SB 958 or similar legislation is adopted in the same legislative 125 session or an extension thereof and becomes a law.