Florida 2023 Regular Session

Florida House Bill H1289 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 1289 2023
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1289-00
9	9	Page 1 of 4
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to public records and meetings; 2
16	16	creating s. 288.9984, F.S.; providing an exemption 3
17	17	from public records requirements for information in 4
18	18	universal regulatory sandbox applications determined 5
19	19	by the Office of Regulatory Relief to be economically 6
20	20	harmful to the applicant if released; providing an 7
21	21	exemption from public meetings requirements for all or 8
22	22	portions of meetings of the General Regulatory Sandbo x 9
23	23	Program Advisory Committee; providing an exemption 10
24	24	from public records requirements for recordings, 11
25	25	minutes, and records generated during the closed 12
26	26	portions of such meetings; providing for future 13
27	27	legislative review and repeal of the exemptions; 14
28	28	providing a statement of public necessity; providing a 15
29	29	contingent effective date. 16
30	30	17
31	31	Be It Enacted by the Legislature of the State of Florida: 18
32	32	19
33	33	Section 1. Section 288.9984, Florida Statutes, is created 20
34	34	to read: 21
35	35	288.9984 Public records and public meetings e xemptions.— 22
36	36	(1) Chapter 119 and s. 286.011 apply to all records and 23
37	37	meetings created or conducted under this part unless otherwise 24
38	38	provided in this section. 25
39	39
40	40	HB 1289 2023
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1289-00
46	46	Page 2 of 4
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	(2) Information in a regulatory sandbox application under 26
52	52	this part that the office reasonably believes could result in 27
53	53	economic harm to the applicant is confidential and exempt from 28
54	54	s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 29
55	55	Such information includes, but is not limited to: 30
56	56	(a) The statements in s. 288.9975(4)(e). 31
57	57	(b) The information necessary to comply with the reporting 32
58	58	requirements of s. 288.9975(8). 33
59	59	(c) The information necessary to comply with the reporting 34
60	60	requirements of s. 288.9982(6). 35
61	61	36
62	62	However, the confidential and exempt information may be released 37
63	63	to appropriate state and federal agencies for the purpose of 38
64	64	investigation. This subsection does not prevent the office from 39
65	65	disclosing a summary of the offering. 40
66	66	(3)(a) A meeting or a portion of a meeting of the General 41
67	67	Regulatory Sandbox Program Advisory Committee at wh ich 42
68	68	information made confidential and exempt under subsection (2) is 43
69	69	discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 44
70	70	State Constitution. 45
71	71	(b) Recordings, minutes, and records generated during an 46
72	72	exempt meeting or portion of such a meeting are exempt from s. 47
73	73	119.07(1) and s. 24(a), Art. I of the State Constitution. 48
74	74	(4) This section is subject to the Open Government Sunset 49
75	75	Review Act in accordance with s. 119.15 and shall stand repealed 50
76	76
77	77	HB 1289 2023
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1289-00
83	83	Page 3 of 4
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	on October 2, 2028, unless reviewed and saved from rep eal 51
89	89	through reenactment by the Legislature. 52
90	90	Section 2. (1) The Legislature finds that it is a public 53
91	91	necessity that certain information provided to and held by the 54
92	92	Office of Regulatory Relief to evaluate a universal regulatory 55
93	93	sandbox application be m ade confidential and exempt from s. 56
94	94	119.07(1), Florida Statutes, and s. 24(a), Article I of the 57
95	95	State Constitution. The disclosure of such information could 58
96	96	adversely affect the business interests of the universal 59
97	97	regulatory sandbox applicant and could inj ure the applicant in 60
98	98	the marketplace if the information is made available to 61
99	99	competitors. Divulgence of this information would destroy its 62
100	100	value to the business entity, potentially causing a financial 63
101	101	loss. Without this protection, innovators might elect t o 64
102	102	establish their business in another state with a more secure 65
103	103	business environment. Therefore, it is necessary that sensitive 66
104	104	business information provided to and held by the Office of 67
105	105	Regulatory Relief to evaluate a universal regulatory sandbox 68
106	106	application be made confidential and exempt from public records 69
107	107	requirements. 70
108	108	(2) The Legislature also finds that it is a public 71
109	109	necessity that the recordings, minutes, and records generated 72
110	110	during a meeting or portion of a meeting that is exempt pursuant 73
111	111	to s. 288.9984(3)(b), Florida Statutes, be made exempt from s. 74
112	112	119.07(1), Florida Statutes, and s. 24(a), Article I of the 75
113	113
114	114	HB 1289 2023
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb1289-00
120	120	Page 4 of 4
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	State Constitution. The disclosure of such information could 76
126	126	adversely affect the business interests of the universal 77
127	127	regulatory sandbox ap plicant and could injure the applicant in 78
128	128	the marketplace if the information is made available to 79
129	129	competitors. Divulgence of this information would destroy its 80
130	130	value to the business entity, potentially causing a financial 81
131	131	loss. Without this protection of a pplication information, 82
132	132	innovators might elect to establish their business in another 83
133	133	state with a more secure business environment. Therefore, it is 84
134	134	necessary that sensitive business information provided to and 85
135	135	held by the Office of Regulatory Relief to e valuate a universal 86
136	136	regulatory sandbox application be made confidential and exempt 87
137	137	from public records requirements. 88
138	138	Section 3. This act shall take effect on the same date 89
139	139	that HB 1287 or similar legislation takes effect , if such 90
140	140	legislation is adopt ed in the same legislative session or an 91
141	141	extension thereof and becomes a law. 92