Is a Florida airport authority an 'economic development agency' that can keep business records confidential?

Plain-English summary

The general counsel for the St. Augustine - St. Johns County Airport Authority asked two questions. First, is the airport authority an "economic development agency" as defined in section 288.075, Florida Statutes? Second, if not, is its development activity nonetheless protected from public disclosure? The authority is an independent special taxing district chartered by Chapter 2002-347, Laws of Florida, and its charter empowers it to engage in the "promotion of aeronautical development," which prompted the question.

The Attorney General answered that the authority is not an economic development agency under the statute and therefore cannot use its confidentiality provisions. Section 288.075 lets an "economic development agency" keep confidential, for a limited time, a private company's plans to locate, relocate, or expand in Florida when the company asks in writing before signing an incentive agreement. But the statute defines "economic development agency" by listing specific entities: the Department of Economic Opportunity, industrial development authorities, Space Florida, a county or municipality's public economic development agency (or the officials assigned that duty), research and development authorities, and private agencies authorized to promote business interests. An airport authority is not on that list.

The opinion applied two settled principles. First, when a statute enumerates the entities it covers, that list is exclusive (expressio unius est exclusio alterius), so other entities are excluded. Second, exemptions from the Public Records Law in Chapter 119 are strictly construed in favor of disclosure. St. Johns County had already established its own economic development agency, so the airport authority could not be the county's agency. And the catch-all in section 288.075(1)(a)6., which the authority pointed to, covers private agencies authorized to promote business interests; the airport authority is a public body, not a private agency, and its enabling law does not give it the job of promoting the county's or city's general business or industrial interests. So the confidentiality provisions were unavailable to it.

Currency note

This opinion was issued in 2012. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule or exemption mentioned here.

Common questions

Q: Could the airport authority keep a company's expansion plans secret under section 288.075?
A: No. The AG concluded the authority is not an "economic development agency" within the statute's definition, so it cannot invoke the confidentiality the statute gives those agencies.

Q: What does section 288.075 actually protect, and for whom?
A: It lets a defined economic development agency keep confidential a private company's plans to locate, relocate, or expand in Florida, for 12 months (extendable), if the company requests confidentiality in writing before signing an incentive agreement.

Q: Why didn't the airport authority qualify as the county's economic development agency?
A: St. Johns County had already established its own economic development agency by ordinance. Under the statute's definition, the airport authority could not also be the county's agency.

Q: The authority pointed to the "private agency" catch-all. Why didn't that work?
A: Section 288.075(1)(a)6. covers private agencies authorized to promote business interests. The airport authority is a public body, not a private agency, and its charter does not task it with promoting the county's or city's general business or industrial interests.

Q: Why does the public records law cut against the authority here?
A: Florida courts strictly construe public records exemptions in favor of disclosure. Because the airport authority did not clearly fit the statutory definition, the exemption did not extend to it.

Background and statutory framework

Section 288.075, Florida Statutes, creates a limited, temporary confidentiality for certain business information held by an "economic development agency," exempt from the public inspection right in section 119.07(1) and Article I, section 24(a) of the Florida Constitution. The statute defines which entities are economic development agencies in section 288.075(1)(a), a closed list. The airport authority's charter is Chapter 2002-347, Laws of Florida.

The opinion turned on two construction canons: that an enumerated statutory list excludes unlisted items (citing Ideal Farms Drainage District v. Certain Lands, 19 So. 2d 234 (Fla. 1944), and Thayer v. State, 335 So. 2d 815 (Fla. 1976)), and that public records exemptions under Chapter 119 are strictly construed in favor of access (citing Henderson v. State, 745 So. 2d 319 (Fla. 1999), and City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994)).

Citations and references

Statutes:

• § 288.075, Fla. Stat. (confidentiality of records; economic development agencies)
• § 119.07, Fla. Stat. (inspection and copying of records)
• Art. I, § 24, Fla. Const. (access to public records)

Cases:

• Ideal Farms Drainage District v. Certain Lands, 19 So. 2d 234 (Fla. 1944)
• Dobbs v. Sea Isle Hotel, 56 So. 2d 341 (Fla. 1952)
• Thayer v. State, 335 So. 2d 815 (Fla. 1976)
• Henderson v. State, 745 So. 2d 319, 324 (Fla. 1999)
• City of Riviera Beach v. Barfield, 642 So. 2d 1135, 1136 (Fla. 4th DCA 1994), review denied, 651 So. 2d 1192 (Fla. 1995)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/economic-development-agency-airport-authority
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1596

Original opinion text

Mr. Douglas N. Burnett

General Counsel

St. Augustine - St. Johns County

Airport Authority

509 Anastasia Boulevard

St. Augustine, Florida 32080

RE: ECONOMIC DEVELOPMENT AGENCIES – AIRPORT AUTHORITIES – COUNTIES – MUNICIPALITIES – PUBLIC RECORDS – whether aviation authority is an economic development agency. s. 288.075, Fla. Stat.

Dear Mr. Burnett:

On behalf of the St. Augustine - St. Johns County Airport Authority, you ask the following questions:

1. Is the St. Augustine – St. Johns County Airport Authority an "economic development agency" as defined in section 288.075, Florida Statutes?

2. If not, is the airport authority’s development activity protected from public disclosure?

In sum:

The St. Augustine – St. Johns County Airport Authority is not an "economic development agency" as defined in section 288.075, Florida Statutes, and, therefore, may not avail itself of the confidentiality provisions provided within the statute.

You indicate that the St. Augustine – St. Johns County Airport Authority (authority) is an independent special taxing district. The authority's charter is codified in Chapter 2002-347, Laws of Florida. Pursuant to section 3(5) of the act, the authority is, among other things, empowered to engage in the "promotion of aeronautical development." You question, therefore, whether the authority is an economic development agency (EDA) which may avail itself of the confidentiality provisions in section 288.075, Florida Statutes.

Section 288.075(1)(a), Florida Statutes, defines "[e]conomic development agency" to mean:

"1. The Department of Economic Opportunity;

2. Any industrial development authority created in accordance with part III of chapter 159 or by special law;

3. Space Florida created in part II of chapter 331;

4. The public economic development agency of a county or municipality or, if the county or municipality does not have a public economic development agency, the county or municipal officers or employees assigned the duty to promote the general business interests or industrial interests of that county or municipality or the responsibilities related thereto;

5. Any research and development authority created in accordance with part V of chapter 159; or

6. Any private agency, person, partnership, corporation, or business entity when authorized by the state, a municipality, or a county to promote the general business interests or industrial interests of the state or that municipality or county."

This office has been advised that St. Johns County has established an economic development agency.[1] By the terms of paragraph 4 in subsection (1)(a) of the statute, the authority would not be in a position to be designated as the county’s economic development agency.

Section 288.075, Florida Statutes, makes certain records of a private corporation, partnership, or person held by an EDA confidential and exempt from section 119.07(1), Florida Statutes, and Article I, section 24(a), Florida Constitution.[2] Pursuant to section 288.075(2)(a), Florida Statutes,

"If a private corporation, partnership, or person requests in writing before an economic incentive agreement is signed that an economic development agency maintain the confidentiality of information concerning plans, intentions, or interests of such private corporation, partnership, or person to locate, relocate, or expand any of its business activities in this state, the information is confidential 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."[3]

The Legislature's designation of those entities which are considered economic development agencies for purposes of section 288.075, Florida Statutes, precludes any other entities from falling under the definition.[4] Where a statute enumerates the things on which it is to operate, it is ordinarily to be construed as excluding from its operation all things not expressly mentioned therein.[5] Moreover, exemptions from the public records requirements of Chapter 119, Florida Statutes, are to be strictly construed in light of the public purpose for adoption of the statute, i.e., to open public records to the state's citizens to discover the actions of their government.[6]

While you posit that the governing authorities of St. Johns County or the City of St. Augustine would be authorized to designate the authority as an economic development authority, section 288.075(1)(a)6., Florida Statutes, the provision upon which you base your position, relates to "private" agencies which may be authorized by the state, county, or municipality to carry out economic development activities. It does not appear, nor have you asserted, that the authority is a private agency. Moreover, there is no indication in the authority’s enabling legislation that the authority has been given the power to promote the general business interests or industrial interests of the county or the municipality.

Accordingly, it is my opinion that the St. Augustine – St. Johns County Airport Authority does not fall within the definition of an "economic development agency" as defined in section 288.075, Florida Statutes, and, therefore, may not utilize the confidentiality provisions set forth therein.

Sincerely,

Pam Bondi

Attorney General

PB/tals

[1] Ordinance No. 2011-39, St. Johns County Code of Ordinances, amending Ordinance No. 2006-99, St. Johns County Code of Ordinances, recognizing the establishment of the St. John County Economic Development Agency, as defined in s. 288.075, Fla. Stat.

[2] See s. 288.075(2), (3), (4), (5), and (6), Fla. Stat., making confidential and exempt the following: plans, intentions, and interests; trade secrets; proprietary confidential business information; identification, account, and registration numbers; and information regarding the administration of an economic incentive program.

[3] And see s. 288.075(2)(a)2., Fla. Stat., providing that an economic development agency may extend the period of confidentiality for up to an additional 12 months upon written request and upon a finding by the economic development agency that the private corporation, partnership, or person is still actively considering locating, relocating, or expanding its business activities in this state. The request for an extension, however, must be received prior to the expiration of any confidentiality originally provided under this section.

[4] See Op. Att'y Gen. Fla. 95-52 (1995) (community redevelopment district not within the entities enumerated in s. 288.075, Fla. Stat., as an economic development agency).

[5] Ideal Farms Drainage District v. Certain Lands, 19 So. 2d 234 (Fla. 1944); Dobbs v. Sea Isle Hotel, 56 So. 2d 341 (Fla. 1952); Thayer v. State, 335 So. 2d 815 (Fla. 1976).

[6] See Henderson v. State, 745 So. 2d 319, 324 (Fla. 1999); Christy v. Palm Beach County Sheriff's Office, 698 So. 2d 1365, 1366 (Fla. 4th DCA 1997); citing City of Riviera Beach v. Barfield, 642 So. 2d 1135, 1136, (Fla. 4th DCA 1994), review denied, 651 So. 2d 1192 (Fla. 1995).