Florida Senate - 2014 SB 808 By Senator Galvano 26-01041-14 2014808__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 548.062, F.S.; providing an exemption from public 4 records requirements for the information in the 5 reports required to be submitted to the Florida State 6 Boxing Commission by a promoter; providing for future 7 legislative review and repeal of the exemption; 8 providing a statement of public necessity; providing a 9 contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 548.062, Florida Statutes, is created to 14 read: 15 548.062 Public records exemption.— 16 (1) As used in this section, the term “proprietary 17 confidential business information” means information that is 18 held by the commission which is intended to be and is treated by 19 the promoter providing such information as private in that the 20 disclosure of the information would cause harm to the promoter 21 or its business operations, and that has not been disclosed 22 unless disclosed pursuant to a statutory provision, an order of 23 a court or administrative body, or a private agreement that 24 provides that the information will not be released to the 25 public. The term includes, but is not limited to: 26 (a) The number of ticket sales for a match. 27 (b) The amount of gross receipts after a match. 28 (c) Trade secrets. 29 (d) Business plans. 30 (e) Internal auditing controls and reports of internal 31 auditors. 32 (f) Security measures, systems, or procedures. 33 (g) Information relating to competitive interests, the 34 disclosure of which would impair the competitive business of the 35 promoter providing the information. 36 (2) Proprietary confidential business information provided 37 in the written report required to be filed with the commission 38 after a match pursuant to s. 548.06 is confidential and exempt 39 from s. 119.07(1) and s. 24(a), Art. I of the State 40 Constitution. Information made confidential and exempt by this 41 subsection may be disclosed to another governmental entity in 42 the performance of its duties and responsibilities. 43 (3) This section is subject to the Open Government Sunset 44 Review Act in accordance with s. 119.15 and shall stand repealed 45 on October 2, 2019, unless reviewed and saved from repeal 46 through reenactment by the Legislature. 47 Section 2. The Legislature finds that it is a public 48 necessity that proprietary confidential business information be 49 protected from disclosure. The disclosure of proprietary 50 confidential business information could injure a promoter in the 51 marketplace by giving the promoter’s competitors insights into 52 its financial status and business plan, thereby putting the 53 promoter at a competitive disadvantage. The Legislature also 54 finds that the harm to a promoter in disclosing proprietary 55 confidential business information significantly outweighs any 56 public benefit derived from disclosure of the information. For 57 these reasons, the Legislature declares that any proprietary 58 confidential business information provided in the written report 59 that is required to be filed with the commission after a match 60 pursuant to s. 548.06, Florida Statutes, is confidential and 61 exempt from s. 119.07(1), Florida Statutes, and s. 24(a), 62 Article I of the State Constitution. 63 Section 3. This act shall take effect on the same date that 64 SB __ or similar legislation takes effect, if such legislation 65 is adopted in the same legislative session or an extension 66 thereof and becomes law.