Florida Senate - 2014                              CS for SB 808
       
       
        
       By the Committee on Regulated Industries; and Senator Galvano
       
       
       
       
       
       580-02558-14                                           2014808c1
    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 or obtained by the
    7         commission through audit of a promoter’s records;
    8         providing for future legislative review and repeal of
    9         the exemption; providing a statement of public
   10         necessity; providing a contingent effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 548.062, Florida Statutes, is created to
   15  read:
   16         548.062 Public records exemption.—
   17         (1) As used in this section, the term “proprietary
   18  confidential business information” means information that is
   19  held by the commission which is intended to be and is treated by
   20  the promoter providing such information as private in that the
   21  disclosure of the information would cause harm to the promoter
   22  or its business operations, and that has not been disclosed
   23  unless disclosed pursuant to a statutory provision, an order of
   24  a court or administrative body, or a private agreement that
   25  provides that the information will not be released to the
   26  public. The term includes:
   27         (a) The number of ticket sales for a match.
   28         (b) The amount of gross receipts after a match.
   29         (c) Trade secrets.
   30         (d) Business plans.
   31         (e) Internal auditing controls and reports of internal
   32  auditors.
   33         (f) Security measures, systems, or procedures.
   34         (g) Information relating to competitive interests, the
   35  disclosure of which would impair the competitive business of the
   36  promoter providing the information.
   37         (2) Proprietary confidential business information provided
   38  in the written report required to be filed with the commission
   39  after a match or obtained by the commission through an audit of
   40  the promoter’s books and records pursuant to s. 548.06 is
   41  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   42  of the State Constitution. Information made confidential and
   43  exempt by this subsection may be disclosed to another
   44  governmental entity in the performance of its duties and
   45  responsibilities.
   46         (3) This section is subject to the Open Government Sunset
   47  Review Act in accordance with s. 119.15 and shall stand repealed
   48  on October 2, 2019, unless reviewed and saved from repeal
   49  through reenactment by the Legislature.
   50         Section 2. The Legislature finds that it is a public
   51  necessity that proprietary confidential business information be
   52  protected from disclosure. The disclosure of proprietary
   53  confidential business information could injure a promoter in the
   54  marketplace by giving the promoter’s competitors insights into
   55  its financial status and business plan, thereby putting the
   56  promoter at a competitive disadvantage. The Legislature also
   57  finds that the harm to a promoter in disclosing proprietary
   58  confidential business information significantly outweighs any
   59  public benefit derived from disclosure of the information. For
   60  these reasons, the Legislature declares that any proprietary
   61  confidential business information provided in the written report
   62  that is required to be filed with the commission after a match
   63  or obtained by the commission through an audit of the promoter’s
   64  books and records pursuant to s. 548.06, Florida Statutes, is
   65  confidential and exempt from s. 119.07(1), Florida Statutes, and
   66  s. 24(a), Article I of the State Constitution.
   67         Section 3. This act shall take effect on the same date that
   68  SB 810 or similar legislation takes effect, if such legislation
   69  is adopted in the same legislative session or an extension
   70  thereof and becomes law.