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Enterprise Florida, Inc. (EFI) is committed to accountability and transparency to the public. EFI strives to provide public access to information regarding the conduct of agency business while preserving confidential economic development information as determined in Florida Statutes 288.075.
What does Open Government mean?
Florida enjoys an exceptionally broad public records law. Open Government, or Government-in-the-Sunshine, provides a right of access to governmental proceedings at both the state and local levels. It is applicable to both elected and appointed boards and has been applied to any gathering of two or more members of the same board to discuss some matter which will foreseeably come before that board for action.
There is also a constitutionally guaranteed right of access to meetings of collegial public bodies. Virtually all state and local collegial public bodies are covered by the open meetings requirements with the exception of the judiciary and the state Legislature which have their own constitutional provisions relating to access.
Although EFI is not a state agency, per state statute, our policy as a public-private partnership is to follow open government guidelines and statutory requirements.
What is a public record?
The Florida Supreme Court has determined that public records are all materials made or received by an agency in connection with official business which is used to perpetuate, communicate, or formalize knowledge. They are not limited to traditional written documents. Tapes, photographs, films, and sound recordings are also considered public records subject to inspection unless a statutory exemption exists. For more information, visit Chapter 119.07, Florida Statutes.
How much can Enterprise Florida, Inc. charge for public documents?
Governor Ron DeSantis is committed to providing Floridians with access to information that allows citizens to hold government accountable. Frequently requested records and information are readily available at no cost on EFI’s newsroom under Reports & Resources and on the Board of Directors Materials section of the website.
The Executive Office of the Governor, in accordance with section 119.07, Florida Statutes, adopted a cost-recovery policy for public-records requests. Enterprise Florida, Inc. adheres to the cost-recovery policy set forth by Governor DeSantis. Read the full policy.
A special service charge will be imposed if the nature or volume of public records requested requires extensive use of information technology resources and/or extensive clerical or supervisory assistance by EFI personnel. A special service charge will be warranted if the nature or volume of the public records requested to be inspected or copied requires more than 30 minutes of agency resources. The rate charged for clerical or supervisory assistance will be based on the lowest paid full-time personnel capable of processing public-records requests. EFI requires payment of a public records request before providing the records requested. When documents can be sent by email or posted to a FTP site, EFI will do so in the interest of efficiency and to minimize costs.
|One-sided Copy:||$ 0.15 per page of not more than 8½” x 14″|
|Double-sided Copy:||$ 0.20 per page of not more than 8½” x 14″|
|All Other Copies:||Actual cost of duplication (material and supplies, not labor)|
|Certified Copies:||$1.00 per page|
|Packaging and shipping charges:||Estimated costs may be changed to reflect actual cost incurred.|
How long does it take to fulfill a public records request?
Florida law states that an agency must respond within the “limited reasonable time” it takes an agency to retrieve and record the record, and delete those portions of the record that are exempt. The length of time it takes EFI to provide the records varies somewhat with the volume of the request but EFI is committed to providing requested records as quickly and efficiently as possible.
Is EFI required to give out information from public records or produce public records in a particular form?
The Sunshine Law addresses the right to access, inspect, and copy existing public records but it does not mandate that an agency give out information from the records or create new records to accommodate a request for information. In addition, an agency is not generally required to reformat its records to meet a requestor’s particular needs.
Why is certain information about economic development incentives kept confidential?
Enterprise Florida abides by and will continue to abide by all public records laws. The Legislature has provided economic development agencies the ability to protect the information of companies engaged in discussions to create, expand or relocate in this state under Florida Statutes 288.075. Some documents exempted from public records requests include, but are not limited to, personnel records, trade secrets, confidential commercial, financial information of a proprietary nature and records containing confidential client information and project proposals.
EFI supported the law which requires details of incentives awarded to companies be made public 180 days after the final project order is executed. A list of companies which receive incentives is published in Florida’s Annual Incentive Reports which is posted on the EFI website. In addition, all non-confidential incentive information and redacted contracts are posted on the Department of Economic Opportunity’s Incentive Portal.
What types of information will Enterprise Florida redact from a record?
Florida is competing not only with every other state for economic development but also other countries as well, which is why it is important help potential employers retain their competitive edge during negotiations. Below is a chart which outlines information that may be redacted.
|Plans, intentions, or interests of a private company, person or individual considering locating, relocating, or expanding its business operations in Florida||12 months from the date requested, 180 days from the issuance of a final project order by DEO, or when otherwise disclosed, whichever occurs first||Company ABC is considering locating a manufacturing plant in Florida and creating 150 new jobs|
|Trade secrets||Permanent||The 11 herbs and spices in Kentucky Fried Chicken|
|Federal employer ID #, unemployment compensation account #, or Florida sales tax registration #||Permanent||Company FEIN:12-3456789|
|Proprietary confidential business information||Confidential and exempt until such time as the information becomes otherwise publically available or is no longer treated by the proprietor as confidential||Financial statements of a privately held company, up until the point they are disclosed through an event such as a public offering|
|Specific sales and tax information related to the administration of state economic development incentives||Exempt if there is an active incentive agreement in place||Company’s percent of sales outside Florida OR amount of state corporate income tax paid|
How can I submit a public records request to Enterprise Florida, Inc.?
Use this electronic form to help facilitate your request. You do not have to give your name or explain why you are making a request. You are not required to submit a request for public records in writing. No fields are required, per Chapter 119, Florida Statutes; however, if you choose to make a public records request using this form, please provide at least one method of contact.
In order to help us provide you the best response to your request, please carefully consider the information that will be useful to you. Very broad requests can take longer to fulfill and may become costly for the requester. However, Enterprise Florida (EFI) is committed to providing records as quickly and efficiently as possible.
Is there information readily available online?
Frequently requested records and information are readily available at no cost on EFI’s newsroom under Reports & Resources and on the Board of Directors Materials section of the website. The public may also visit EFI’s newsroom for additional helpful information. EFI will continue to add documents and information as we identify some of the most frequently requested public records.