Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7054 FOR CONSIDERATION By the Committee on Gaming 584-01589-14 20147054__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 551.427, F.S.; defining the term “proprietary 4 confidential business information”; providing an 5 exemption from public records requirements for such 6 information in license or license renewal applications 7 submitted to the Gaming Control Board or the 8 Department of Gaming Control by a gaming license 9 applicant or licensee; providing for future 10 legislative review and repeal of the exemption; 11 providing a statement of public necessity; providing a 12 contingent effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Section 551.427, Florida Statutes, is created to 17 read: 18 551.427 Public records exemption.— 19 (1) As used in this section, the term “proprietary 20 confidential business information” means information that is 21 submitted to the board or department pursuant to ss. 551.41, 22 551.42, and 551.422 in an application for license or license 23 renewal, that is treated by the applicant or licensee as private 24 information because the disclosure of the information would 25 cause harm to the applicant or licensee or the applicant’s or 26 licensee’s business operations, and that has not been disclosed 27 unless disclosed pursuant to a statutory provision, an order of 28 a court or administrative body, or a private agreement that 29 provides that the information will not be released to the 30 public. The term includes, but is not limited to: 31 (a) Trade secrets. 32 (b) Business plans. 33 (c) Internal auditing controls and reports of internal 34 auditors. 35 (d) Security measures, systems, or procedures. 36 (e) Information relating to competitive interests, the 37 disclosure of which would impair the competitive business of the 38 person providing the information. 39 (2) Proprietary confidential business information submitted 40 in an application for license or license renewal pursuant to s. 41 551.41, s. 551.42, or s. 551.422 is confidential and exempt from 42 s. 119.07(1) and s. 24(a), Art. I of the State Constitution if 43 the person submitting such information to the board or 44 department: 45 (a) Requests that the information be kept confidential and 46 exempt; 47 (b) Informs the board or department of the basis for the 48 claim of the proprietary confidential business information; and 49 (c) Clearly marks each page of a document or specific 50 portion of a document containing information claimed to be 51 proprietary confidential business information as “proprietary 52 confidential business information.” 53 (3) If the department receives a public records request for 54 a document or portion of a document that is marked “proprietary 55 confidential business information” under this section, the 56 department must promptly notify the applicant or licensee who 57 submitted the information and identified it as proprietary 58 confidential business information. The notice must inform the 59 applicant or licensee that the applicant or licensee has 30 days 60 following receipt of such notice to file an action in circuit 61 court seeking a determination whether the document or portion of 62 the document in question contains proprietary confidential 63 business information and an order barring public disclosure of 64 the document or portion of the document. If the applicant or 65 licensee files an action within 30 days after receipt of notice 66 of the public records request, the department may not release 67 the document or portion of the document pending the outcome of 68 the legal action. The failure to file an action within 30 days 69 constitutes a waiver of any claim of confidentiality, and the 70 department shall release the document or portion of the document 71 as requested. 72 (4) Information made confidential and exempt under this 73 subsection may be disclosed: 74 (a) To an officer or employee of another governmental 75 entity in the performance of his or her duties or 76 responsibilities; or 77 (b) If relevant, in a proceeding under this section. Those 78 persons involved in a proceeding under this section, including, 79 but not limited to, an administrative law judge, a hearing 80 officer, or a judge or justice, must maintain the 81 confidentiality of any proprietary confidential business 82 information revealed at such proceeding. 83 (5) This section is subject to the Open Government Sunset 84 Review Act in accordance with s. 119.15 and shall stand repealed 85 on October 2, 2019, unless reviewed and saved from repeal 86 through reenactment by the Legislature. 87 Section 2. The Legislature finds that it is a public 88 necessity that proprietary confidential business information be 89 made confidential and exempt from public records requirements. 90 The disclosure of proprietary confidential business information 91 could harm an applicant for license or license renewal in the 92 marketplace by giving competitors insights into the applicant or 93 licensee’s financial status and business plan, thereby putting 94 the applicant or licensee at a competitive disadvantage. The 95 Legislature finds that requiring the applicant or licensee to 96 identify the information the applicant or licensee considers 97 proprietary confidential business information under the 98 statutory definition is appropriate as the applicant or licensee 99 is the owner of such information. Identification of proprietary 100 confidential business information by the applicant or licensee 101 puts the department on notice without requiring the department 102 to have to attempt to determine what the applicant or licensee 103 might consider confidential. The Legislature also finds that the 104 harm to an applicant for license or license renewal in 105 disclosing proprietary confidential business information 106 significantly outweighs any public benefit derived from 107 disclosure of the information. For these reasons, the 108 Legislature declares that any proprietary confidential business 109 information identified by an applicant for license or license 110 renewal in the application submitted to the board or department 111 pursuant to ss. 551.41, 551.42, and 551.422, Florida Statutes, 112 is confidential and exempt from s. 119.07(1), Florida Statutes, 113 and s. 24(a), Article I of the State Constitution. 114 Section 3. This act shall take effect on the same date that 115 SB __ or similar legislation takes effect, if such legislation 116 is adopted in the same legislative session or an extension 117 thereof and becomes a law.