Florida Senate - 2022                                    SB 1896
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-01700-22                                           20221896__
    1                        A bill to be entitled                      
    2         An act relating to confidentiality of economic
    3         development agreement information; amending s.
    4         288.075, F.S.; deleting provisions relating to
    5         confidentiality and exemption from public records
    6         requirements of information concerning plans,
    7         intentions, or interests of a private entity entering
    8         into certain agreements with an economic development
    9         agency; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (2) of section 288.075, Florida
   14  Statutes, is amended to read:
   15         288.075 Confidentiality of records.—
   16         (2) PLANS, INTENTIONS, AND INTERESTS.—
   17         (a)1. If a private corporation, partnership, or person
   18  requests in writing before an economic incentive agreement is
   19  signed that an economic development agency maintain the
   20  confidentiality of information concerning plans, intentions, or
   21  interests of such private corporation, partnership, or person to
   22  locate, relocate, or expand any of its business activities in
   23  this state, the information is confidential and exempt from s.
   24  119.07(1) and s. 24(a), Art. I of the State Constitution for 12
   25  months after the date an economic development agency receives a
   26  request for confidentiality or until the information is
   27  otherwise disclosed, whichever occurs first.
   28         2. An economic development agency may extend the period of
   29  confidentiality specified in subparagraph 1. for up to an
   30  additional 12 months upon written request from the private
   31  corporation, partnership, or person who originally requested
   32  confidentiality under this section and upon a finding by the
   33  economic development agency that such private corporation,
   34  partnership, or person is still actively considering locating,
   35  relocating, or expanding its business activities in this state.
   36  Such a request for an extension in the period of confidentiality
   37  must be received prior to the expiration of any confidentiality
   38  originally provided under subparagraph 1.
   39  
   40  If a final project order for a signed economic development
   41  agreement is issued, then the information will remain
   42  confidential and exempt for 180 days after the final project
   43  order is issued, until a date specified in the final project
   44  order, or until the information is otherwise disclosed,
   45  whichever occurs first. However, such period of confidentiality
   46  may not extend beyond the period of confidentiality established
   47  in subparagraph 1. or subparagraph 2.
   48         (b) A public officer or employee may not enter into a
   49  binding agreement with any corporation, partnership, or person
   50  who has requested confidentiality of information under this
   51  subsection until 90 days after the information is made public
   52  unless:
   53         1. The public officer or employee is acting in an official
   54  capacity;
   55         2. The agreement does not accrue to the personal benefit of
   56  such public officer or employee; and
   57         3. In the professional judgment of the officer or employee,
   58  the agreement is necessary to effectuate an economic development
   59  project.
   60         Section 2. This act shall take effect July 1, 2022.