TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: An Ordinance of the City of North Port, Florida, Repealing Approval for the Use of Nondisclosure and Confidentiality Agreements Relating to Economic Development Activities; Providing for Findings; Providing for Conflicts; Providing for Severability; and Providing an Effective Date.
Recommended Action
Option 1: Approve Ordinance No. 2026-34 as presented and move to second reading on December 8, 2026.
City Commission Options
Option 1: Approve Ordinance No. 2026-34 as presented and move to second reading on December 8, 2026.
• Pros: Implements the City Commission’s September 8, 2026 direction and repeals the authority previously granted to the City Manager or designee to execute the approved Nondisclosure and Confidentiality Agreement template.
• Cons: Eliminates the City’s ability to use the previously approved Nondisclosure and Confidentiality Agreement template as a contractual tool in qualifying economic development discussions.
Option 2: Deny approval of Ordinance No. 2026-34.
• Pros: Retains existing authority for the City Manager or designee to execute agreements using the Nondisclosure and Confidentiality Agreement template.
• Cons: Does not implement the City Commission’s September 8, 2026 direction to discontinue use of the Nondisclosure and Confidentiality Agreement template.
Background Information
Florida law recognizes that certain information associated with economic development activities may require temporary or ongoing confidentiality. Section 288.075, Florida Statutes, provides that, upon a qualifying written request, information held by an economic development agency concerning a private entity’s plans, intentions, or interests to locate, relocate, or expand business activities in Florida is confidential and exempt from public disclosure for the period established by statute.
Consistent with this statutory framework, in 2021 the City Commission approved a template titled “Nondisclosure and Confidentiality Agreement Relating to Economic Development Activities” and authorized the City Manager or designee to execute future agreements using the approved template. The template was intended for economic development activities involving entities considering locating, relocating, or expanding business operations in the City.
The approved template expressly referenced Sections 166.021(9) and 288.075, Florida Statutes, and was structured to address the handling of confidential, proprietary business information and trade secrets associated with economic development activities.
At its September 8, 2026 Regular Meeting, the City Commission directed the City Manager to prepare an ordinance for Commission consideration eliminating the City’s use of nondisclosure agreements. Ordinance No. 2026-34 implements that direction by repealing the authority previously granted to the City Manager or designee to execute the Commission-approved Nondisclosure and Confidentiality Agreement Relating to Economic Development Activities.
Repeal of the Nondisclosure and Confidentiality Agreement template execution authority does not make information public that Florida law requires to remain confidential. Rather, it removes the additional contractual nondisclosure requirements created through the City-approved template. Going forward, staff will evaluate information under applicable Florida public-record and confidentiality laws and may provide the City Commission with information regarding proposed developments to the extent the information is not confidential or exempt from disclosure under state law. Section 288.075, Florida Statutes, will continue to apply to qualifying economic development information, and other records will remain subject to Chapter 119, Florida Statutes, including all applicable exemptions and confidentiality provisions.
A business impact estimate has been prepared and posted publicly in accordance with Florida Statute Section 166.041.
Ordinance No. 2026-34 was provided to the City Clerk’s Office on October 9, 2026, for signatures, subject to City Commission approval.
Strategic Plan Pillar
Economic Development & Growth Management
Financial Impact
N/A
Procurement
N/A
Attachments:
1. Ordinance
2. September 8, 2026 Regular Commission Meeting Minutes
Prepared by: Tricia Wisner, Assistant City Manager
Department Director: Tricia Wisner, Assistant City Manager