Florida Statutes 252.943 – Public records
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 252.943
- Accidental release: means an unanticipated emission of a regulated substance into the ambient air from a stationary source. See Florida Statutes 252.936
- Accidental Release Prevention Program: means the program to implement the accidental release prevention, detection, and response provisions of…. See Florida Statutes 252.936
- Audit: means a review of information at, or submitted by, a stationary source subject to…. See Florida Statutes 252.936
- Clean Air Act: means the federal Clean Air Act, as amended, codified at 42 U. See Florida Statutes 252.936
- Division: means the Division of Emergency Management in the Executive Office of the Governor. See Florida Statutes 252.936
- Inspection: means a review of information at a stationary source subject to…. See Florida Statutes 252.936
- Owner or operator: means any person who owns, leases, operates, controls, or supervises any stationary source subject to…. See Florida Statutes 252.936
- Risk Management Plan: means the Risk Management Plan required under…. See Florida Statutes 252.936
- Stationary source: means any buildings, structures, equipment, installations, or regulated substance emitting stationary activities which belong to the same industrial group, which are located on one or more contiguous properties, which are under the control of the same person (or persons under common control), and from which an accidental release may occur. See Florida Statutes 252.936
(1) The division shall protect records, reports, or information or particular parts thereof, other than release or emissions data, contained in a risk management plan from public disclosure pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act and authorities cited therein, based upon a showing satisfactory to the Administrator of the United States Environmental Protection Agency, by any owner or operator of a stationary source subject to the Accidental Release Prevention Program, that public release of such records, reports, or information would divulge methods or processes entitled to protection as trade secrets as provided for in 40 C.F.R. part 2, subpart B. Such records, reports, or information held by the division are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, unless a final determination has been made by the Administrator of the Environmental Protection Agency that such records, reports, or information are not entitled to trade secret protection, or pursuant to an order of court.
(2) The division shall protect records, reports, or information or particular parts thereof, other than release or emissions data, obtained from an investigation, inspection, or audit from public disclosure pursuant to ss. 112(r) and 114(c) of the federal Clean Air Act and authorities cited therein, based upon a showing satisfactory to the Administrator of the United States Environmental Protection Agency, by any owner or operator of a stationary source subject to the Accidental Release Prevention Program, that public release of such records, reports, or information would divulge methods or processes entitled to protection as trade secrets as provided for in 40 C.F.R. part 2, subpart B. Such records, reports, or information held by the division are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution, unless a final determination has been made by the Administrator of the Environmental Protection Agency that such records, reports, or information are not entitled to trade secret protection, or pursuant to a court order.