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46 (3) This section is subject to the Open Government Sunset 47 Review Act in accordance with s. 119.15 and shall stand repealed 48 on October 2, 2019, unless reviewed and saved from repeal 49 through reenactment by the Legislature. 50 Section 2.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.