Florida Senate - 2023 SB 1392 By Senator Martin 33-02177-23 20231392__ 1 A bill to be entitled 2 An act relating to public records and meetings; 3 creating s. 288.9984, F.S.; providing an exemption 4 from public records requirements for information in 5 universal regulatory sandbox applications determined 6 by the Office of Regulatory Relief to be economically 7 harmful to the applicant if released; providing an 8 exemption from public meetings requirements for all or 9 portions of meetings of the General Regulatory Sandbox 10 Program Advisory Committee; providing an exemption 11 from public records requirements for recordings, 12 minutes, and records generated during the closed 13 portions of such meetings; providing for future 14 legislative review and repeal of the exemptions; 15 providing a statement of public necessity; providing a 16 contingent effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Section 288.9984, Florida Statutes, is created 21 in part XVI of chapter 288, Florida Statutes, as created by SB 22 ___ or similar legislation, to read: 23 288.9984 Public records and public meetings exemptions.— 24 (1) Chapter 119 and s. 286.011 apply to all records and 25 meetings created or conducted under this part unless otherwise 26 provided in this section. 27 (2) Information in a regulatory sandbox application under 28 this part that the office reasonably believes could result in 29 economic harm to the applicant is confidential and exempt from 30 s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 31 Such information includes, but is not limited to: 32 (a) The statements in s. 288.9975(4)(e). 33 (b) The information necessary to comply with the reporting 34 requirements of s. 288.9975(8). 35 (c) The information necessary to comply with the reporting 36 requirements of s. 288.9982(6). 37 38 However, the confidential and exempt information may be released 39 to appropriate state and federal agencies for the purpose of 40 investigation. This subsection does not prevent the office from 41 disclosing a summary of the offering. 42 (3)(a) A meeting or a portion of a meeting of the General 43 Regulatory Sandbox Program Advisory Committee at which 44 information made confidential and exempt under subsection (2) is 45 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 46 State Constitution. 47 (b) Recordings, minutes, and records generated during an 48 exempt meeting or portion of such a meeting are exempt from s. 49 119.07(1) and s. 24(a), Art. I of the State Constitution. 50 (4) This section is subject to the Open Government Sunset 51 Review Act in accordance with s. 119.15 and shall stand repealed 52 on October 2, 2028, unless reviewed and saved from repeal 53 through reenactment by the Legislature. 54 Section 2. (1) The Legislature finds that it is a public 55 necessity that certain information provided to and held by the 56 Office of Regulatory Relief to evaluate a universal regulatory 57 sandbox application be made confidential and exempt from s. 58 119.07(1), Florida Statutes, and s. 24(a), Article I of the 59 State Constitution. The disclosure of such information could 60 adversely affect the business interests of the universal 61 regulatory sandbox applicant and could injure the applicant in 62 the marketplace if the information were to be made available to 63 competitors. Divulgence of this information would destroy its 64 value to the business entity, potentially causing a financial 65 loss. Without this protection, innovators might elect to 66 establish their business in another state with a more secure 67 business environment. Therefore, it is necessary that sensitive 68 business information provided to and held by the Office of 69 Regulatory Relief to evaluate a universal regulatory sandbox 70 application be made confidential and exempt from public records 71 requirements. 72 (2) The Legislature also finds that it is a public 73 necessity that the recordings, minutes, and records generated 74 during a meeting or portion of a meeting that is exempt pursuant 75 to s. 288.9984(3)(b), Florida Statutes, be made exempt from s. 76 119.07(1), Florida Statutes, and s. 24(a), Article I of the 77 State Constitution. The disclosure of such information could 78 adversely affect the business interests of the universal 79 regulatory sandbox applicant and could injure the applicant in 80 the marketplace if the information were to be made available to 81 competitors. Divulgence of this information would destroy its 82 value to the business entity, potentially causing a financial 83 loss. Without this protection of application information, 84 innovators might elect to establish their business in another 85 state with a more secure business environment. Therefore, it is 86 necessary that sensitive business information provided to and 87 held by the Office of Regulatory Relief to evaluate a universal 88 regulatory sandbox application be made confidential and exempt 89 from public records requirements. 90 Section 3. This act shall take effect on the same date that 91 SB ____ or similar legislation takes effect, if such legislation 92 is adopted in the same legislative session or an extension 93 thereof and becomes a law.