Title: Pub. Rec./High-Pressure Well Stimulation Chemical Disclosure Registry

Summary: Provides exemption from public records requirements for proprietary business information contained within information relating to high-pressure well stimulations obtained by DEP in connection with DEP's online high-pressure well stimulation chemical disclosure registry; provides procedures & requirements with respect to granting of confidential & exempt status; provides for disclosure under specified circumstances; provides for future review & repeal of exemption; provides statement of public necessity; provides for contingent effect.

Full Text:
An act relating to public records; amending s. 377.45, F.S.; defining the term "proprietary business information"; providing an exemption from public records requirements for proprietary business information contained within information relating to high-pressure well stimulations obtained by the Department of Environmental Protection in connection with the department's online high-pressure well stimulation chem ical disclosure registry; providing procedures and requirements with respect to the granting of confidential and exempt status; providing for disclosure under specified circumstances; providing for future legislative review and repeal of the exemption unde rthe Open Government Sunset Review Act; providing a statement of public necessity; providing a contingent effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (4) of section 377.45, Florida Statutes, as created by HB 1205, 2015 Regular Session, is renumbered as subsection (5), and a new subsection (4) is added to that section to read: 377.45 High-pressure well stimulation chemical disclosure registry.- CS/CS/HB 1209 2015 (4)(a) As used in this subsection, the term "pro prietary business information" means information that: 1. Is owned or controlled by the applicant or a person affiliated with the applicant. 2. Is intended to be private and is treated by the applicant as private because disclosure would harm the appli cant or the applicant's business operations. 3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public. 4. Is not publicly available or otherwise readily ascertainab le through proper means from another source in the same configuration as requested by the department. 5. Includes: a. Trade secrets, as defined in s. 688.002. b. Leasing plans, real property acquisition plans, exploration budgets, or marketing studie s, the disclosure of which would impair the efforts of the applicant or its affiliates to contract for goods or services or to acquire real property interests on favorable terms. c. Competitive interests, which may include well design or completion plans,geological or engineering studies related to storage reservoir performance characteristics, or field utilization strategies or operating plans, the disclosure of which would impair the competitive business of the applicant providing the information. CS/CS/HB 1209 2015 (b) Proprietary business information relating to high pressure well stimulations held by the department in connection with the online high-pressure well stimulation chemical disclosure registry is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the person submitting such information to the department: 1. Requests that the proprietary business information be kept confidential and exempt. 2. Informs the department of the basis for claiming that the information is proprietary business information. 3. Clearly marks each page of a document or specific portion of a document containing information claimed to be proprietary business information as "proprietary business information." (c) If the department receives a public records request for a document that is marked proprietary business information under this section, the department must promptly notify the person who submitted the information as proprietary business information. The notice must inform such person th at the person has days following receipt of such notice to file an action in circuit court seeking a determination whether the document in question contains proprietary business information and an order barring public disclosure of the document. If the person files an action within days after receipt of notice of the public records request, the department may not release the documents pending the outcome of the legal action. The failure to file an CS/CS/HB 1209 2015 action within days constitutes a waiver of any clai mof confidentiality, and the department shall release the document as requested. (d) Confidential and exempt proprietary business information may be disclosed: 1. To another governmental entity if the receiving entity agrees in writing to maintain the confidential and exempt status of the information and has verified in writing its legal authority to maintain such confidentiality. 2. When relevant in any proceeding under this part. Those involved in any proceeding under this section, including, but not limited to, an administrative law judge, a hearing officer, or a judge or justice, must maintain the confidentiality of any proprietary business information revealed at such proceeding. (e) This subsection is subject to the Open Government Sunset Revi ew Act in accordance with s. 119.15 and shall stand repealed on October 2, 2020, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. The Legislature finds that it is a public necessity that proprietary business info rmation relating to high-pressure well stimulations held by the Department of Environmental Protection in connection with the online high pressure well stimulation chemical disclosure registry be made confidential and exempt from s. 119.07(1), Florida Stat utes, and s. 24(a), Article I of the State Constitution. Proprietary business information must be held confidential and exempt from CS/CS/HB 1209 2015 public records requirements because the disclosure of such information would create an unfair competitive advantage for persons receiving such information, which would adversely impact the service company, chemical supplier, or well owner or operator that provides chemical ingredients for a well or wells on which high-pressure well stimulations are performed. If such confidenti al and exempt information regarding proprietary business information were released pursuant to a public records request, others would be allowed to take the benefit of the proprietary business information without compensation or reimbursement to the servic ecompany, chemical supplier, or well owner or operator. Section 3. This act shall take effect on the same date that CS/HB 1205 or similar legislation takes effect,if such legislation is adopted in the same legislative session or an extension thereo fand becomes law.