Florida Senate - 2013 CS for CS for SB 984 By the Committees on Governmental Oversight and Accountability; and Environmental Preservation and Conservation; and Senators Richter and Smith 585-04492-13 2013984c2 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; defining the term 8 “proprietary business information”; providing 9 exceptions to the exemption; providing for future 10 review and repeal of the public records exemption 11 under the Open Government Sunset Review Act; providing 12 a statement of public necessity; providing a 13 contingent effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 377.24075, Florida Statutes, is created 18 to read: 19 377.24075 Exemption from public records requirements. 20 Proprietary business information held by the Department of 21 Environmental Protection in accordance with its statutory duties 22 with respect to an application for a natural gas storage 23 facility permit is confidential and exempt from s. 119.07(1) and 24 s. 24(a), Art. I of the State Constitution. 25 (1) As used in this section, the term “proprietary business 26 information” means information that: 27 (a) Is owned or controlled by the applicant or a person 28 affiliated with the applicant. 29 (b) Is intended to be private and is treated by the 30 applicant as private because disclosure would harm the applicant 31 or the applicant’s business operations. 32 (c) Has not been disclosed except as required by law or a 33 private agreement that provides that the information will not be 34 released to the public. 35 (d) Is not publicly available or otherwise readily 36 ascertainable through proper means from another source in the 37 same configuration as requested by the department. 38 (e) Includes, but is not limited to: 39 1. Trade secrets as defined in s. 688.002; 40 2. Leasing plans, real property acquisition plans, 41 exploration budgets, or marketing studies, the disclosure of 42 which would impair the efforts of the applicant or its 43 affiliates to contract for goods or services or to acquire real 44 property interests on favorable terms; or 45 3. Competitive interests, which may include well design or 46 completion plans, geological or engineering studies related to 47 storage reservoir performance characteristics, or field 48 utilization strategies or operating plans, the disclosure of 49 which would impair the competitive business of the applicant 50 providing the information. 51 (f) May be found in a document: 52 1. Filed with the Department of Environmental Protection by 53 the applicant or affiliated person seeking a natural gas storage 54 facility permit pursuant to s. 377.2407; or 55 2. Sent to the Department of Environmental Protection from 56 another governmental entity for use by the department in the 57 performance of its duties. This subparagraph applies only if the 58 information is otherwise confidential or exempt as held by the 59 governmental entity. 60 (2) The Department of Environmental Protection may disclose 61 confidential and exempt proprietary business information: 62 (a) Pursuant to a court order; 63 (b) If the applicant to which it pertains gives prior 64 written consent; or 65 (c) To another governmental entity if the receiving entity 66 agrees in writing to maintain the confidential and exempt status 67 of the information and has verified in writing its legal 68 authority to maintain such confidentiality. 69 (3) This section is subject to the Open Government Sunset 70 Review Act in accordance with s. 119.15 and shall stand repealed 71 on October 2, 2018, unless reviewed and saved from repeal 72 through reenactment by the Legislature. 73 Section 2. (1) The Legislature finds that it is a public 74 necessity that proprietary business information provided to the 75 Department of Environmental Protection which relates to trade 76 secrets, leasing plans, real property acquisition plans, 77 exploration budgets, proprietary well design or completion 78 plans, geological or engineering studies related to storage 79 reservoir performance characteristics, field utilization 80 strategies or operating plans, commercial or marketing studies, 81 or other proprietary business information provided by a person 82 in conjunction with an application to establish an underground 83 natural gas storage facility as defined in s. 377.19, Florida 84 Statutes, be made confidential and exempt from s. 119.07(1), 85 Florida Statutes, and s. 24(a), Article I of the State 86 Constitution. The disclosure of such proprietary business 87 information could injure an applicant in the marketplace by 88 giving competitors detailed insight into technical assessments, 89 design, and experience, thereby putting the applicant at a 90 competitive disadvantage. Without this exemption, applicants 91 might be less willing to expend or commit to expend the 92 substantial resources necessary to determine the feasibility of 93 establishing, permitting, and operating an underground natural 94 gas storage facility, resulting in limited opportunities for 95 developing the additional natural gas storage capacity that this 96 state critically needs to meet current and future residential, 97 commercial, and industrial energy needs. The resulting lack of 98 resources could hinder the ability of electric utility services 99 to optimize services to their customers and could adversely 100 affect those customers by depriving them of the opportunities 101 and energy security that comes with domestic reserves of natural 102 gas stored underground. 103 (2) Proprietary business information derives actual or 104 potential independent economic value from not being generally 105 known to and not being readily ascertainable by other persons 106 who can derive economic value from its disclosure or use. The 107 Department of Environmental Protection, in the course of 108 reviewing and issuing permitting decisions relating to 109 underground natural gas storage facility permits, may need to 110 obtain proprietary business information. Disclosure of such 111 information could destroy the value of that property and could 112 cause economic harm to the applicant providing the information. 113 Additionally, the reduced competition for the provision of 114 domestic underground storage of natural gas could adversely 115 affect energy utility customers. The exemption created by this 116 act will enhance the ability to increase domestic storage of 117 natural gas, thereby creating a significant benefit to energy 118 utility customers. In finding that the public records exemption 119 created by this act is a public necessity, the Legislature also 120 finds that any public benefit derived from disclosure of the 121 information is significantly outweighed by the public and 122 private harm that could result from disclosure after submittal 123 of such proprietary business information. 124 Section 3. This act shall take effect October 1, 2013, if 125 SB 958 or similar legislation is adopted in the same legislative 126 session or an extension thereof and becomes a law.