Florida Senate - 2014                                    SB 1522
       
       
        
       By Senator Smith
       
       
       
       
       
       31-01465-14                                           20141522__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         403.7032, F.S.; exempting trade secret information in
    4         annual recycling reports submitted by private
    5         businesses to a county from public records
    6         requirements; providing for future repeal and
    7         legislative review of the exemption under the Open
    8         Government Sunset Review Act; providing a statement of
    9         public necessity; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (3) of section 403.7032, Florida
   14  Statutes, is amended to read:
   15         403.7032 Recycling.—
   16         (3)(a) Each state agency, public institution of higher
   17  learning, community college, and state university, including all
   18  buildings that are occupied by municipal, county, or state
   19  employees and entities occupying buildings managed by the
   20  Department of Management Services, must, at a minimum, annually
   21  report annually all recycled materials to the county using the
   22  department’s designated reporting format.
   23         (b) Private businesses, other than certified recovered
   24  materials dealers, which that recycle paper, metals, glass,
   25  plastics, textiles, rubber materials, and mulch, are encouraged
   26  to report annually the amount of materials they recycle to the
   27  county annually beginning January 1, 2011, using the
   28  department’s designated reporting format.
   29         1. Using the information provided, the department shall
   30  recognize those private businesses that demonstrate outstanding
   31  recycling efforts.
   32         2. Notwithstanding any other provision of state or county
   33  law, private businesses, other than certified recovered
   34  materials dealers, may shall not be required to report recycling
   35  rates.
   36         3. Information reported under this paragraph which, if
   37  disclosed, would reveal a trade secret, as defined in s.
   38  812.081, is confidential and exempt from s. 119.07(1) and s.
   39  24(a), Art. I of the State Constitution. This subparagraph is
   40  subject to the Open Government Sunset Review Act in accordance
   41  with s. 119.15 and shall stand repealed on October 2, 2019,
   42  unless reviewed and saved from repeal through enactment by the
   43  Legislature.
   44         (c) Municipalities Cities with less than a population of
   45  less than 2,500 and per capita taxable value less than $48,000
   46  and municipalities cities with a per capita taxable value less
   47  than $30,000 are exempt from the reporting requirement specified
   48  in this subsection.
   49         Section 2. The Legislature finds that it is a public
   50  necessity that information reported by a private business which,
   51  if disclosed, would reveal a trade secret be confidential and
   52  exempt from public records requirements. This exemption is
   53  necessary to encourage businesses to report information relating
   54  to their recycling practices, so they can be recognized for
   55  their outstanding recycling efforts. Public disclosure of
   56  proprietary information could result in a chilling effect on
   57  business participation in the program. Therefore, the
   58  Legislature declares that it is a public necessity that the
   59  information reported by private businesses which, if disclosed,
   60  would reveal a trade secret be made confidential and exempt from
   61  public records requirements.
   62         Section 3. This act shall take effect October 1, 2014.