Bill Text: FL S0994 | 2011 | Regular Session | Comm Sub

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Bill Title: Public Records/Public Airports

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-02 - Read 2nd time -SJ 633 [S0994 Detail]

Download: Florida-2011-S0994-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 994
       
       
       
       By the Committee on Commerce and Tourism; and Senator Latvala
       
       
       
       
       577-03871-11                                           2011994c1
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s. 332.16,
    3         F.S.; providing definitions; providing an exemption
    4         from public-records requirements for proprietary
    5         confidential business information and trade secrets
    6         held by a public airport and for any proposal or
    7         counterproposal exchanged between a public airport and
    8         a nongovernmental entity relating to the sale, use,
    9         development, or lease of airport facilities; providing
   10         for expiration of the exemptions; providing for future
   11         legislative review and repeal of the exemptions under
   12         the Open Government Sunset Review Act; providing a
   13         finding of public necessity; providing an effective
   14         date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 332.16, Florida Statutes, is created to
   19  read:
   20         332.16 Public-record exemptions.—
   21         (1) DEFINITIONS.—As used in this section, the term:
   22         (a) “Airport facilities” means airports, buildings,
   23  structures, terminal buildings, parking garages and lots,
   24  hangars, land, warehouses, shops, hotels, other aviation
   25  facilities of any kind or nature, or any other facility of any
   26  kind or nature related to or connected with a public airport and
   27  other aviation facility that a public airport is authorized by
   28  law to construct, acquire, own, lease, or operate, together with
   29  all fixtures, equipment, and property, real or personal,
   30  tangible or intangible, necessary, appurtenant, or incidental
   31  thereto.
   32         (b) “Governing body” means the board or body in which the
   33  general legislative powers of a public airport is vested.
   34         (c) “Proprietor” means a self-employed individual,
   35  proprietorship, corporation, partnership, limited partnership,
   36  firm, enterprise, franchise, association, trust, or business
   37  entity, whether fictitiously named or not, authorized to do or
   38  doing business in this state, including its respective
   39  authorized officer, employee, agent, or successor in interest,
   40  which controls or owns the proprietary confidential business
   41  information provided to a public airport.
   42         (d) “Proprietary confidential business information” means
   43  information that is owned or controlled by the proprietor
   44  requesting confidentiality under this section; that is intended
   45  to be and is treated by the proprietor as private in that the
   46  disclosure of the information would cause harm to the business
   47  operations of the proprietor; that has not been disclosed unless
   48  disclosed pursuant to a statutory provision, an order of a court
   49  or administrative body, or a private agreement providing that
   50  the information may be released to the public; and that is
   51  information concerning:
   52         1. Business plans.
   53         2. Internal auditing controls and reports of internal
   54  auditors.
   55         3. Reports of external auditors for privately held
   56  companies.
   57         4. Client and customer lists.
   58         5. Potentially patentable material.
   59         6. Business transactions; however, business transactions do
   60  not include those transactions between a proprietor and a public
   61  airport.
   62         7. Financial information of the proprietor.
   63         (e) “Public airport” has the same meaning as provided in s.
   64  330.27 and includes areas defined in s. 332.01(3).
   65         (f) “Trade secrets” has the same meaning as in s. 688.002.
   66         (2) PROPRIETARY CONFIDENTIAL BUSINESS INFORMATION.
   67  Proprietary confidential business information held by a public
   68  airport is confidential and exempt from s. 119.07(1) and s.
   69  24(a), Art. I of the State Constitution, until such information
   70  is otherwise publicly available or is no longer treated by the
   71  proprietor as proprietary confidential business information.
   72         (3) TRADE SECRETS.—Trade secrets held by a public airport
   73  are confidential and exempt from s. 119.07(1) and s. 24(a), Art.
   74  I of the State Constitution.
   75         (4) SALE, USE, DEVELOPMENT, OR LEASE OF AIRPORT
   76  FACILITIES.—Any proposal or counterproposal exchanged between a
   77  public airport and a nongovernmental entity relating to the
   78  sale, use, development, or lease of airport facilities is exempt
   79  from s. 119.07(1) and s. 24(a), Art. I of the State
   80  Constitution. However, any such proposal or counterproposal
   81  shall cease to be exempt upon approval by the governing body of
   82  a public airport. If no proposal or counterproposal is submitted
   83  to the governing body for approval, such proposal or
   84  counterproposal shall cease to be exempt 90 days after the
   85  cessation of negotiations between the public airport and the
   86  nongovernmental entity.
   87         (5) LEGISLATIVE REVIEW.—This section is subject to the Open
   88  Government Sunset Review Act in accordance with s. 119.15, and
   89  shall stand repealed on October 2, 2016, unless reviewed and
   90  saved from repeal through reenactment by the Legislature.
   91         Section 2. (1) The Legislature finds that it is a public
   92  necessity that trade secrets and proprietary confidential
   93  business information, including business plans, internal
   94  auditing controls and reports of internal auditors, reports of
   95  external auditors for privately held companies, client and
   96  customer lists, potentially patentable material, certain
   97  business transactions, and financial information of the
   98  proprietor be made confidential and exempt from s. 119.07(1),
   99  Florida Statutes, and s. 24(a), Article I of the State
  100  Constitution. Trade secrets and proprietary confidential
  101  business information derive independent economic value, actual
  102  or potential, from not being generally known to, and not being
  103  readily ascertainable by, other persons who could obtain
  104  economic value from its disclosure or use. An airport, in
  105  performing its lawful duties and responsibilities, may need to
  106  obtain from a proprietor trade secrets or proprietary
  107  confidential business information. Without an exemption from
  108  public-records requirements, trade secrets and proprietary
  109  confidential business information held by an airport become a
  110  public record and must be divulged upon request. Divulging the
  111  trade secret or proprietary confidential business information
  112  would destroy the value of that property to the proprietor,
  113  causing a financial loss not only to the proprietor, but also to
  114  the airport and to the state and local governments due to a loss
  115  of tax revenue and employment opportunities for residents.
  116  Release of that information would give business competitors an
  117  unfair advantage and would injure the affected entity in the
  118  marketplace. Thus, the Legislature finds that it is a public
  119  necessity that trade secrets and proprietary confidential
  120  business information held by a public airport be made
  121  confidential and exempt from public-records requirements.
  122         (2) The Legislature also finds that it is a public
  123  necessity that any proposal or counterproposal exchanged between
  124  a nongovernmental entity and any public airport listed in s.
  125  330.27, Florida Statutes, which includes areas defined in s.
  126  332.01(3), Florida Statutes, relating to the sale, use, or lease
  127  of land or airport facilities, be made exempt from public
  128  records requirements until approved by the governing body of the
  129  airport. Proposals and counterproposals submitted to an airport
  130  contain sensitive and confidential business and financial
  131  information. Competing entities can gain access to such
  132  proposals, and, in some instances, the affected nongovernmental
  133  entity has abandoned its contractual efforts with the airport,
  134  to the airport’s financial detriment. Confidential business and
  135  financial records submitted to an airport for purposes of the
  136  sale, use, or lease of land or of airport facilities contain
  137  sensitive information, the release of which would give
  138  competitors an unfair economic advantage. Finally, such
  139  exemption is necessary in order for Florida airports to more
  140  effectively and efficiently negotiate contracts for the sale,
  141  use, or lease of airport facilities.
  142         Section 3. This act shall take effect July 1, 2011.