HomeMy WebLinkAboutResolution 2004-55 Economic Development Division
RESO;UTION NO. 2004-55
A RESOLUTlON OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, FLORIDA; ESTABLISHING AN ECONOMIC
DEVELOPMENT DMSION UNDER THE CITY MANAGER'S
OFFICE FOR THE PURPOSE OF PROMOTING ECONOMIC
GROWTH WITH IN TIlE CITY AND IN ORDER TO EFFECTIVELY
COMPETE ECONOMICALLY WITH NEIGHBOlUNG
COMMUNITIEs; PROVIDING THE CITY MANAGER EX OmCIO
DUTIES AS THE HEAD OF THE ECONOMIC DEVELOPMENT
DIVISION; PROVIDING THAT IT IS THE INTENT AND PURPOSE
OF THIS RESOLunO~ TO APPLY IN SITUATIONS WlIERE AN
INDIVIDUAL OR ENTITY DESIRES TO LOCATE, RELOCATE, OR
EXPAND ANY OF ITS BUSINESS ACTIVITIES WITHIN,TBE CITY.
OF WINTER SPRINGS; RECOGNIZING THAT SECTION 288.075,
FLORIDA ST ATUTES PROVIDES A PUBLIC RECORDS
EXEMPTION FOR CONFIDENTIAL FINANCIAL INFORMATION
SUBMITTED TO AN ECONOMIC DEVELOPMENT DIVISION OF
A MUNICIPALITY BY AN INDIVIDUAL OR ENTITY;
RECOGNIZING THAT TRADE SECRETS, AS DEFINED UNDER
SECTION 812.081, FLORIDA STATUTES, SUBMITTED TO AN
ECONOMIC DEVELOPMENT DIVISION OF A MUNICIPALITY
ARE CONFIDENTIAL AND EXEMPT FROM PUBLIC RECORDS
DISCLOSURE; PROVIDING A CITY PROCEDURE TO
IMPLEMENT THE PROVISIONS OF SEcnON 288.075, FLORIDA
STATUTES; PROVIDING FOR SEVERABD.JTY, REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, AND AN EFFECTIVE
DATE.
WHEREAS, pursuant to Article vm, Section 2(b) of the Florida Constitution, municipalities
have governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal services, and may exercise any
power for municipal purposes except as otherwise provided by law ("Municipal Home Rule
Authority"); and
WHEREAS, in furtherance of section 288.075, Florida Statutes, in order for the City of
Winter Springs to effectively compete economically with neighboring communities, certain plans,
intentions or interests of private colporations, partnerships, or persons considering locating,
relocating, or expanding any of its business activities in the City of Winter Springs should remain
confidential and exempt from public disclosure for a 24-month period with the option to extend
confidentiality for 12 additional months; and
WHEREAS, in addition, trade secrets of a private corporation, partnership, or person are
also deemed confidential and exempt from public records disclosure for a period of 10 years under
section 812.081, Florida Statutes; and
City of Winter Springs
Resolution 2004-55
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WHEREAS, Section 288.075, Florida StatUtes,permits the public economic development
agencies ofmunicipalitics to, upon written request from a private corporation, partnership, orperson,
, to keep these certain records and trade seerets .confidential and exempt from disclosure; and
WHEREAS, the City ofWmter Springs Comprehensive Plan provides in its Future Land
Use Element that the projected increase in the City's population will result in the need for more
commercial development to serve the new residents and specifically encourages economic growth
within the Town Center; and
WHEREAS, other cities,yitbin the State of Florida, such as the City of Orlando and the City .
of Cocoa, have created similar economic development departments; and
WHEREAS, the City of Winter Springs finds that creating an Economic Development
Division would promote the economic vitaIityofthe City; and
WHEREAS, the City Commission finds that providing confidentiality of such records will
. promote and enhance the City's ability to negotiate future public/private 'partnerships that will be
beneficial to the citizens of Winter Springs; and
WHEREAS, the City Commission desires to establish a procedure to protect the
confidentialityoffmanciaI information and trade secrets submitted to the City under section 288.075,
Florida Statutes; and
WHElU:AS, the City Commission hereby finds that it is the intent and purpose of this
resolution to apply in situations where an individual or entity desires to locate, relocate, or expand
any of its busmess activities within the City of Winter Springs; and
WHEREAS, the City Commission of the City of Winter Springs deems this resolution to
be in the best interests of the public health, safety~ welfare, convenience, and morals of the citizens
of Winter Springs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Statement of Authority. The foregoing recitals are fully incorporated herein in
their entirety and. are cited as authority for purposes of adopting this resolution. This statement of
authority shall notbe construed as exclusive and any other applicable and relevant case law, City
Charter, and statutory and constitutional authority shall be deemed fully incorporated herein by this
reference. nus Resolution is supplemental and in addition to any other provision of law related to
the confidentiality of financial information and trade secrets.
Section 2. Establishing Economic Development Division. The City of Winter Springs
hereby establishes an Economic Development Division under the office of the City Manager. The
City Manager shall have additional and ex officio duties as the head oftbe Economic Development
Division of the City. To the extent deemed necessary for the effective management and organization
City of Winter Springs
Resolution. 2004-55
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of the division, and for pmposes of implementing the policies approved by the City Commission,
the City Manager shall have the responsibility to assign duties to other city employees and officers
and city consultants.
Section ~. Procedures for MalDtalnlng ConDdeDtiality of FInancial IDformation. The
following procedures sball apply when the City receives a written request by an individual or entity
to maintain the confidentiality of financial infonnation and trade secrets under section 288.075,
Florida Statutes:
(A) Upon receipt of a written request, the City Manager shall immediately forward a copy
of the written request to 1he Mayor and the City Commission.
(8) If the request is received for purposes of negotiating a development or any other
agreement with the City concenllng the plans, intentions, or interests of an individual or entity to
locate. relocate. or expand any of its business activities within the City of Winter Springs, the City
Manager shall also place the written notice on the next City Commission agende. for consideration.
The City Manager shall not commence formal negotiations with the individual or entity until such
time the City Commission authorizes the City Manager to receive such confidential information
and/or trade secrets and to commence 'formal negotiations on behalf of the City.
(C) Any financial infonnation and trade secrets received by the City under section 288.075,
Florida Statutes, shall only be disclosed to the Ma)'Or. City Commission, City Manager. City
Attorney, and to any other individual or entity that the City Commission or City Manager deems.
necessary to effectuate the intent and purpose of this Resolution. Such individuals and entities shall
keep the financial information and trade secrets confidential and exempt from public records
disclosure. If any financial information and trade secret is forwarded by the City to an outside City
consultant, the outside CityconsuItant shall execute a confidentiality agreement, in a form approved
by the City Attorney, ,requiring the consultant to maintain the confidentiality of such information
pursuant to the provisions of this Resolution and applicable public records laws.
(D) Any financial information and trade secrets received by the City under this Resolution
shall be confidential and exempt from public records disclosure until such time that Florida law
authorizes public disclosure.
Section 4. Repeal of Prior IncODsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section S. Severability.' If any s~tion, subsection, sentence, clause. phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 6. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs
Resolution 2004-55
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RESOLVED by the City Commission of the City of Winter Sprh1~ FIC!rida;in a regular
meeting assembled on the 13th day of December, 2004.
JOHN F. BUSH, MAYOR
ATTEST:
Andrea Lorenzo-Luaces, City Clerk
Approved as to legal form and sufficiency for
The City of Winter Springs only:
Anthony A. Garganese, City Attorney
City of Winter Springs
Resolution 2004-55
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