CopyCited 12 times | Published | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 627, 2010 Fla. LEXIS 1787, 2010 WL 4237584
...Representatives of the Sarasota Chamber of Commerce became involved to advocate for an agreement with the Orioles, and the Chamber funded a study of the economic impact of spring training in Sarasota. The Orioles invoked the confidentiality provision of section 288.075, Florida Statutes (2009), to keep confidential its proprietary economic development information relating to the proposed transaction....
...mission' within the meaning of section
286.011, and as a result, its meetings are not subject to the Sunshine Act."). Citizens argue that the statutes regarding economic development agencies should alter this analysis. Citizens specifically point to section
288.075(2)(a), Florida Statutes (2009), which provides: Upon written request from a private corporation, partnership, or person, information held by an economic development agency concerning plans, intentions, or interests of such private cor...
...The County acknowledges that Bullock was acting as an economic development agency and that the Orioles' proprietary information was not released pursuant to section
119.07(1), Florida Statutes (2009), of the Public Records Act after the Orioles invoked the exemption outlined in section
288.075(2)(a)....
CopyAgo (Fla. Att'y Gen. 2007).
Published | Florida Attorney General Reports
Dear Ms. Litchford: As Interim City Attorney for the City of Orlando, you have requested my opinion on substantially the following question: Whether section 288.075 , Florida Statutes, which requires an economic development agency to keep information concerning plans, intentions, or interests of a private corporation, partnership, or person to locate, relocate, or expand business activities in th...
...o. Private business organizations also routinely approach the City about the possibility of locating, relocating, or expanding their business activities in Orlando. Frequently, these business entities submit to the City written requests, pursuant to section 288.075 , Florida Statutes, to keep information about their plans, intentions, and interests confidential and exempt from public records disclosure....
...to enact exemptions to these broad open records provisions, "provided that such law shall state with specificity the public necessity justifying the exemption and shall be no broader than necessary to accomplish the stated purpose of the law." 1 In section 288.075 (2), Florida Statutes, the Legislature has created an exemption to Florida's Public Records Law for certain information held by economic development agencies....
...and exempt from s.
119.07 (1) and s. 24(a), Art. I of the State Constitution for 12 months after the date an economic development agency receives a request for confidentiality or until the information is otherwise disclosed, whichever occurs first." Section
288.075 (3) authorizes an economic development agency to extend the confidentiality period for up to 12 additional months upon receipt of a written request and a finding by the agency that the private entity is still actively considering locating, relocating, or expanding its business activities in Florida....
...3 The constitutionally-required statement of public necessity for adoption of this exemption by the Legislature is set forth in section 2, Chapter 2001-161 , Laws of Florida: "The Legislature finds that it is a public necessity that the confidentiality provided by section 288.075 , Florida Statutes, for information on a business's plans to locate, relocate, or expand its activities in this state be broadened to include records of a county or a municipal economic development agency which contain such information....
...atute by making such a violation a second-degree misdemeanor. 4 This office is not authorized to determine definitively whether a specific document comes within the scope of a statutory public records exemption, and in this instance, the language of section 288.075 (2), Florida Statutes, does not expressly include a written request for confidentiality within the public records exemption....
...When doubt exists as to whether a particular document is exempt from disclosure under Florida's Public Records Law, the exemption is to be narrowly construed and any doubt resolved in favor of public access. 5 Even under a narrow construction, a written request for confidentiality under section 288.075 (2), Florida Statutes, indeed could constitute or contain "information ....
...However, this office cannot say all such requests are per se confidential and exempt under the statute. Rather, it is the City's duty to carefully and in good faith determine whether a particular record falls within the scope of this public records exemption. You ask whether section 288.075 (2), Florida Statutes, requires the City to refrain from acknowledging the existence of records deemed to be confidential and exempt under that provision. As this office noted in Attorney General Opinion 2004-19, the confidentiality provided under section 288.075 (2) only comes into play after a written request for confidentiality is received....
...nd copying, he or she shall state the basis of the exemption that he or she contends is applicable to the record, including the statutory citation to an exemption created or afforded by statute." I understand your concern that the very act of citing section 288.075 (2) as the basis for denying access to requested records could be seen as a violation of the confidentiality requirement....
...However, inasmuch as confidentiality under that provision is only required if specifically requested in writing, and because Chapter 119 mandates citation to the statutory provision exempting a public record from disclosure, I conclude that compliance with Chapter 119 does not violate the confidentiality required by section 288.075 (2). In sum, it is my opinion that a written request for confidentiality under section 288.075 (2), Florida Statutes, may constitute or contain information required to be held confidential under that statute. However, the custodian of these records must determine on a case-by-case basis whether a particular record or portion of a record falls within the scope of the exemption. Further, it is my opinion that section 288.075 (2), Florida Statutes, may be cited by the records custodian as statutory authority for withholding information from public inspection and copying under the Public Records Law without violating the required confidentiality provisions of the statute. Sincerely, Bill McCollum Attorney General BM/tgh 1 Article I , s. 24 (c), Fla. Const. 2 Section 288.075 (3), Fla. Stat. 3 Id. 4 Section 288.075 (7), Fla....
CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...al public to attend. The media and members of the public have full access to the authority's records pursuant to s.
119.07 (1), F. S., except for those records or portions of records clearly falling within the exception to s.
119.07 (1) set forth in s.
288.075 (2), F. S., but then only to the extent, and only under the conditions and time limitation, specified in s.
288.075 (2)....
...With respect to county industrial development authorities, the Legislature has provided such a statutory exception to the public records disclosure requirements in s.
119.07 (1), F. S. (but not to the open meeting requirements in s.
286.011 , F. S.). Section
288.075 (2), F. S., provides the following regarding records of an `economic development agency' (which, by the definition in s.
288.075 (1), includes `any industrial development authority created in accordance with part III of chapter 159'): Upon written request from a private corporation, partnership, or person, information, records, reports, data, and documents of an eco...
...received by the economic development agency, except upon petition by any party to a court of competent jurisdiction and upon determination by said court that the petitioner has proven, in the opinion of the court, need for access to such documents. [Section 288.075 (2), F....
...Fla., 1976), and that, when a statute contains specific exceptions or exclusions, no others should be inferred, Williams v. American Surety Company of New York,
99 So.2d 877 (2 D.C.A. Fla., 1958). In addition to the implication which must be drawn from the Legislature's omission from s.
288.075 (2) of any reference to s.
286.011 , there must be noted the express legislative directive in s.
288.075 (3) that `[n]othing herein [in s.
288.075 ] shall be construed to waive any provision of chapter 120 or any other provision of law requiring a public hearing.' Therefore, I am of the opinion that the exception in s.
288.075 (2) applies only to an industrial development authority's `information, records, reports, data and documents' and in no way affects or constitutes an exception to the open meeting requirements in s....
...rtainly advisable to give notice at such time and in such a manner as will enable the press and other interested members of the public to attend any meeting of the authority. Your second question regarding the records of the authority is answered by s. 288.075 (2), supra ....
...ments of s.
119.07 (1), F. S., such doubt should be resolved in favor of disclosure, in keeping with this state's clear and well-established policy of open government. See AGO 079-75, emphasizing the resolution of doubt in favor of disclosure. Also, s.
288.075 (2) excepts only those records containing the statutorily specified information about prospective businesses or business activities, and then only upon written request from the affected business entity or persons and for not more than 24 m...
...`from the date an initial inquiry is received.' Any public records of the authority otherwise subject to disclosure pursuant to s.
119.07 (1) must be disclosed, including nonexempt portions of records which are partially subject to the exemption in s.
288.075 (2). The burden is on the authority, in complying with a written request pursuant to s.
288.075 (2), to carefully and in good faith distinguish between those documents clearly covered by the exemption and those not covered....
...Therefore, in answer to your specific question, the media and members of the public have access to the files and records of the authority pursuant to s.
119.07 (1), F. S., except for those records or portions of records clearly falling within the exception to s.
119.07 (1) set forth in s.
288.075 (2), F. S. Only those documents or portions thereof covered by the exception in s.
288.075 (2) are confidential. Regardless of any policy considerations which might be deemed to justify nondisclosure of authority records, it is only by virtue of s.
288.075 (2), or some other statutory exception, that the requirements of s....
CopyAgo (Fla. Att'y Gen. 2004).
Published | Florida Attorney General Reports
Mr. A. Wayne Rich Orlando City Attorney 400 South Orange Avenue Orlando, Florida 32801-3302 Dear Mr. Rich: On behalf of the City of Orlando, you have requested my opinion on substantially the following questions: 1. Pursuant to section
288.075 (2), Florida Statutes, are the development plans, financial records, and financial commitment letters of a private company considering expansion or relocation within the City of Orlando exempt from section
119.07 , Florida Statutes, where these records have been transmitted to city staff? 2. Pursuant to section
288.075 (2), Florida Statutes, is a draft version of a memorandum of understanding between the City of Orlando and a private company considering expansion or relocation within the City of Orlando exempt from section
119.07 , Florida Statutes,...
...City officials have also had discussions with the developer about financial incentives that may be offered by the city to make this opportunity in Orlando more attractive to the developer. The developer has made a written request to the city for confidentiality of records pursuant to section 288.075 (2), Florida Statutes....
...or this Constitution." This constitutional provision also recognizes the authority of the Legislature to enact exemptions to these broad open records provisions. 1 Among the exemptions from Florida's Public Records Law enacted by the Legislature is section 288.075 (2), Florida Statutes....
...nt agency. 5 The statement of public necessity for adoption of this exemption by the Legislature is set forth in section 2, Chapter 2001-161 , Laws of Florida: "The Legislature finds that it is a public necessity that the confidentiality provided by section 288.075 , Florida Statutes, for information on a business's plans to locate, relocate, or expand its activities in this state be broadened to include records of a county or a municipal economic development agency which contain such information....
...misdemeanor. You have asked whether particular documents, i.e. , development plans, financial records, financial commitment letters and a draft memorandum of understanding between the developer and the city come within the scope of the exemption in section 288.075 (2), Florida Statutes....
...When doubt exists as to whether a particular document is exempted from the disclosure requirements of section
119.07 (1), Florida Statutes, such doubt should be resolved in favor of disclosure, in keeping with this state's clear and well-established policy of open government. 6 Section
288.075 (2), Florida Statutes, excepts only those records containing the statutorily specified information about prospective businesses or business activities, and then only following receipt of a written request from the affected business en...
...om the date an initial inquiry is received." Any public records of the authority otherwise subject to disclosure pursuant to section
119.07 (1) must be disclosed, including nonexempt portions of records that are partially subject to the exemption in section
288.075 (2). While this office is not authorized to definitively determine whether specific documents come within the scope of section
288.075 (2), Florida Statutes, development plans, financial records, financial commitment letters and memoranda of understanding would appear to be "records which contain or would provide information concerning plans, intentions, or interests of such corporation . . . to locate, relocate, or expand any of its business activities in this state . . . ." However, the burden is on the authority, in complying with a written request pursuant to section
288.075 (2), to carefully and in good faith distinguish between those documents clearly covered by the exemption and those not covered....
...In sum, the public has access to the files and records of the City of Orlando's Department of Economic Development pursuant to section
119.07 (1), Florida Statutes, except for those records or portions of records clearly falling within the exception to section
119.07 (1) Florida Statutes, set forth in section
288.075 (2), Florida Statutes. Only those documents or portions thereof covered by the exception in section
288.075 (2) are confidential and these are limited to those "records ....
...nding between the city and a developer regarding a redevelopment project appear to come within the scope of this exemption. However, such records may not be treated as confidential prior to receipt of a written request for such treatment pursuant to section
288.075 (2), Florida Statutes, and I would note that the exemption expressed in section
288.075 (2), Florida Statutes, applies only to records and does not constitute an exemption from the provisions of the Government in the Sunshine Law, section
286.011 , Florida Statutes. Sincerely, Charlie Crist Attorney General CC/tgh 1 Article I , s. 24 (c), Fla. Const. 2 Section
288.075 (7), Fla. Stat., imposes a criminal penalty on any employee of an economic development agency who violates the provisions of the statute, making such a violation a second degree misdemeanor. 3 See s.
288.075 (1), Fla....
