HomeMy WebLinkAbout2004 12 13 Regular Item 509
COMMISSION. AGENDA
ITEM 509
Consent
Informational
Public. Hearing"."
Regular xI
December 13.2004
Meeting
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Mgr. / Att. / Dept.
REQUEST:
Pursuant to Section 288.075, Florida Statutes, the City Attorney requests that the
Commissi on adopt Resolution 2004- 55, establishing an Economic Development Division under the
office of the City Manager, and providing authorization to maintain the confidentiality of certain
financial information and trade secrets delivered to City by developers and businesses seeking to
locate, relocate, or expand their businesses within the City.
PURPOSE:
Establishment of a municipal economic development division furthers the City's goals of
promoting economic and commercial growth, especially in the Town Center. Once the Economic
Development Division is establish~ developers and businesses seeking to locate, relocate or expand
their businesses within the City may request, in writing, that any certain information concerning
plans, intentions, or interests of the developers and businesses remain confidential and exempt from
disclosure for 24 months. The City may extend th~ period of confidentiality for up to an additional
12 months upon written request from a developer. Further, trade secrets are also exempt from
. public records disclosure for a 10 year period.
APPLICABLE LAW AND PUBLIC POLICY:
FLorida Municipal Home Rule Powers Act, Chapter 166, Florida Statutes.
Chapter 288, Florida Statutes, Commercial Development and Capital Improvements, section
288.075, Confidentiality of Records.
Page 1 of 2
CONSIDERATIONS:
1. If the financial records and trade secrets of prospective developers and businesses were
unable to be kept confidential, such information would be considered public record subject to
disclosure and public inspection under Chapter 119, Florida Statutes.
2. Developers and businesses are reluctant to share proprietary and fmancial records with the
City without having confidentiality and safeguards in place for obviouscompetitive reasons.
3. The Cityneeds to receive and analyze such records when considering whether or not to invest
public dollars to promote economic growth and development within the City. . .
4. This Resolution would allow the City to afford developers and businesses confidentiality
while the City negotiates future public/private partnerships that will be beneficial to the citizens of
Winter Springs.
5~ Developers and businesses must request confidentiality in writing.
6. This Resolution also establishes a procedure by which the City Commission must be advised
of written requests for confidentiality. Further, the City Commission must also approve formal
negotiations with developers and businesses requesting confidentiality and requesting an agreement
with the City for locating~ relocating or expanding their business within the City.
7. The City Commission, City Manager, City Attorney and other City employees and officers
and City consultants deemed necessary by the City Commission or City Manager will have access
to the confidential informa,tion and trade secrets.
STAFF RECOMMENDATION:
City Attorney recommends adoption of Resolution 2004-55.
ATT ACHMENT:
Resolution 2004.55.
COMMISSION ACTION:
1. At the November 8~ 2004 City Commission meeting, the Commission directed that the
Resolution be revised to include a procedure to implement Section 288.075, Florida Statutes.
Page 2 of 2
RESOLUTION NO. 2004-55
A RESOLUTION OF TIlE 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 THE CITY AND IN ORDER TO EFFECTIVELY
COMPETE ECONOMICALLY WITH NEIGHBO,RING
COMMUNITIES; PROVIDING THE CITY MANAGER EX OFFICIO
DUTIES AS THE HEAD OF THE ECONOMIC DEVELOPMENT
DIVISION; PROVIDING THAT IT IS THE INTENT AND PURPOSE
OF TIDS RESOLUTION TO APPLY IN SITUATIONS WHERE AN
INDIVIDUAL OR ENTITY DESIRES TO LOCATE, RELOCATE, OR
EXPAND ANY OF ITS BUSINESS ACTMTIES WITHIN. THE 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 SECTION 288.075, FLORIDA
STATUTES; PROVIDING FOR SEVERABD...ITY, REPEAL OF
PRIOR INCONSISTENT RESOLUTIONS, AND. AN EFFECTIVE
DATE.
WHEREAS, pursuant to Article VIII, Section 2(b) of the Florida Constitution, mUilicipalities
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 pri. vate corporations, partnerships, or persons considering locating,
relocating, or expanding any ofits 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
Page 1 of 4
WHEREAS, Section 288.075, Florida Statutes,.permits the public economic development
agencies 0 f municipalities to, upon written request from a private corporation, partnership, or person,
to keep these certain records and trade secrets .confidential and exempt from disclosure; and
WHEREAS, the City of Winter 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 within the S.tate 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 vitality.ofthe 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/privatepartnerships that will be
beneficial to the citizens of Winter Springs; and
WHEREAS, the City Commission desires to establish a procedure to protect the
confidentialityoffmancial information and trade secrets submitted to the City under section 288.075,
Florida Statutes; and
WHEREAs, 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. This 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 of the Economic Development
Division of the City. To the extent deemed necessary for the effective management and organization
City of Winter Springs
Resolution,2004-55
Page 2 of4
of the division, and for purposes 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 J. Procedures for Maintaining Confidentiality of Financial Information. The
following procedures shall 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 the Mayor and the City Commission.
(B) If the request is received for pwposes of negotiating a development or any other
agreement with the City concerning 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 agenda 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 infonnation
and/or trade secrets and to commence 'formal negotiations on behalf ofthe City.
(C) Any financial infonnation and trade secrets received by the City under section 288.075,
Florida Statutes, shall only be disclosed to the Mayor, 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 fmandal information and trade secrets confidential and exempt from public records
disclosure. If any financial information and trade secret is fOJWarded by the City to an outside City
consultant, the outside City consultant shall execute a confidentiality agreement, in a form approved
by the City Attomey,requiring the consultant to maintain the confidentiality of such information
pursuant to the provisions of this Resolution and applicable public records laws.
(D) Any fmancial 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 Inconsistent 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 section, 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
Page 3 of 4
RESOL YED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the _ day of . 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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