Florida Senate - 2015                                     SB 770
       
       
        
       By Senator Smith
       
       
       
       
       
       31-01384-15                                            2015770__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         403.7032, F.S.; exempting from public records
    4         requirements trade secret information in annual
    5         recycling reports submitted by private businesses to a
    6         county; providing for future repeal and legislative
    7         review of the exemption under the Open Government
    8         Sunset Review Act; making technical changes; providing
    9         a statement of public necessity; providing an
   10         effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (3) of section 403.7032, Florida
   15  Statutes, is amended to read:
   16         403.7032 Recycling.—
   17         (3)(a) Each state agency, public institution of higher
   18  learning, community college, and state university, including all
   19  buildings that are occupied by municipal, county, or state
   20  employees and entities occupying buildings managed by the
   21  Department of Management Services, must, at a minimum, annually
   22  report annually all recycled materials to the county using the
   23  department’s designated reporting format.
   24         (b) Private businesses, other than certified recovered
   25  materials dealers, which that recycle paper, metals, glass,
   26  plastics, textiles, rubber materials, and mulch, are encouraged
   27  to report annually the amount of materials they recycle to the
   28  county annually beginning January 1, 2011, using the
   29  department’s designated reporting format.
   30         1. Using the information provided, the department shall
   31  recognize those private businesses that demonstrate outstanding
   32  recycling efforts.
   33         2. Notwithstanding any other provision of state or county
   34  law, private businesses, other than certified recovered
   35  materials dealers, may shall not be required to report recycling
   36  rates.
   37         3. Information reported under this paragraph which, if
   38  disclosed, would reveal a trade secret, as defined in s.
   39  812.081, is exempt from s. 119.07(1) and s. 24(a), Art. I of the
   40  State Constitution. This subparagraph is subject to the Open
   41  Government Sunset Review Act in accordance with s. 119.15 and
   42  shall stand repealed on October 2, 2020, unless reviewed and
   43  saved from repeal through enactment by the 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 exempt from public
   52  records requirements. This exemption is necessary to encourage
   53  businesses to report information relating to their recycling
   54  practices, so they can be recognized for their outstanding
   55  recycling efforts. Public disclosure of proprietary information
   56  could result in a chilling effect on business participation in
   57  the program. Therefore, the Legislature declares that it is a
   58  public necessity that the information reported by private
   59  businesses which, if disclosed, would reveal a trade secret be
   60  made exempt from public records requirements.
   61         Section 3. This act shall take effect October 1, 2015.