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