Bill Text: FL S1416 | 2019 | Regular Session | Comm Sub
Bill Title: Public Records
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Governmental Oversight and Accountability, companion bill(s) passed, see HB 7091 (Ch. 2019-35), HB 7097 (Ch. 2019-36) [S1416 Detail]
Download: Florida-2019-S1416-Comm_Sub.html
Florida Senate - 2019 CS for SB 1416
By the Committee on Commerce and Tourism; and Senator Gruters
577-03443-19 20191416c1
1 A bill to be entitled
2 An act relating to public records; creating s.
3 119.07135, F.S.; providing that certain information
4 related to agency contracts is not confidential or
5 exempt from public records requirements; providing an
6 exception with respect to research activities at
7 certain educational institutions; amending s. 24.105,
8 F.S.; deleting provisions relating to exemptions from
9 public records requirements for certain information
10 held by the Department of the Lottery; amending s.
11 73.0155, F.S.; deleting provisions relating to public
12 records exemptions for trade secrets held by
13 governmental condemning authorities; amending s.
14 119.071, F.S.; deleting a provision declaring that
15 certain data processing software exempt from public
16 records requirements is considered a trade secret;
17 removing the scheduled repeal of the public record
18 exemption; amending s. 119.0713, F.S.; deleting a
19 provision exempting trade secrets held by local
20 government agencies from public records requirements;
21 amending s. 125.0104, F.S.; deleting a provision
22 exempting trade secrets held by county tourism
23 development agencies from public records requirements;
24 amending s. 163.01, F.S.; deleting a provision
25 exempting trade secrets held by public agencies that
26 are electric utilities from public records
27 requirements; amending s. 202.195, F.S.; deleting a
28 provision exempting trade secrets obtained from a
29 telecommunications company or franchised cable company
30 for certain purposes from public records requirements;
31 amending s. 215.4401, F.S.; deleting provisions
32 relating to confidentiality of trade secrets held by
33 the State Board of Administration; amending s. 252.88,
34 F.S.; deleting provisions exempting certain
35 information from public records requirements under the
36 Florida Emergency Planning and Community Right-to-Know
37 Act; repealing s. 252.943, F.S., relating to a public
38 records exemption under the Florida Accidental Release
39 Prevention and Risk Management Planning Act; amending
40 s. 287.0943, F.S.; deleting provisions relating to
41 confidentiality of certain information relating to
42 applications for certification of minority business
43 enterprises; amending s. 288.047, F.S.; deleting
44 provisions exempting potential trade secrets from
45 public records requirements; amending s. 288.075,
46 F.S.; deleting provisions relating to a public records
47 exemption for trade secrets held by economic
48 development agencies; amending s. 288.1226, F.S.;
49 deleting provisions relating to a public records
50 exemption for trade secrets held by the Florida
51 Tourism Industry Marketing Corporation; amending s.
52 288.776, F.S.; deleting provisions relating to a
53 public records exemption for trade secrets held by the
54 Florida Export Finance Corporation; amending s.
55 288.9520, F.S.; deleting provisions relating to a
56 public records exemption for trade secrets and
57 potential trade secrets held by Enterprise Florida,
58 Inc., and related entities; amending s. 288.9607,
59 F.S.; deleting provisions relating to a public records
60 exemption for trade secrets held by the Florida
61 Development Finance Corporation; amending s. 288.9626,
62 F.S.; deleting provisions relating to a public records
63 exemption for trade secrets and potential trade
64 secrets held by the Florida Opportunity Fund;
65 conforming provisions to changes made by the act;
66 amending s. 288.9627, F.S.; deleting provisions
67 relating to a public records exemption for trade
68 secrets and potential trade secrets held by the
69 Institute for Commercialization of Florida Technology;
70 conforming provisions to changes made by the act;
71 amending s. 331.326, F.S.; deleting provisions
72 relating to a public records exemption for trade
73 secrets held by Space Florida; amending s. 334.049,
74 F.S.; deleting provisions relating to a public records
75 exemption for trade secrets held by the Department of
76 State; amending ss. 350.121 and 364.183, F.S.;
77 deleting provisions relating to public records
78 exemptions for trade secrets held by the Florida
79 Public Service Commission; amending s. 365.174, F.S.;
80 deleting provisions relating to public records
81 exemptions for trade secrets held by the E911 Board
82 and the Technology Program within the Department of
83 Management Services; amending ss. 366.093, 367.156,
84 and 368.108, F.S.; deleting provisions relating to
85 public records exemptions for trade secrets held by
86 the Florida Public Service Commission; repealing s.
87 381.83, F.S., relating to confidentiality of certain
88 information containing trade secrets obtained by the
89 Department of Health; amending s. 403.7046, F.S.;
90 revising provisions relating to an exemption for trade
91 secrets contained in certain reports to the Department
92 of Environmental Protection; repealing s. 403.73,
93 F.S., relating to confidentiality of certain
94 information containing trade secrets obtained by the
95 Department of Environmental Protection; amending s.
96 408.061, F.S.; deleting a requirement that certain
97 trade secret information submitted to the Agency for
98 Healthcare Administration be clearly designated as
99 such; amending s. 408.185, F.S.; deleting provisions
100 relating to public records exemptions for certain
101 trade secrets held by the Office of the Attorney
102 General; amending s. 408.910, F.S.; deleting
103 provisions relating to public records exemptions for
104 trade secrets held by the Florida Health Choices
105 Program; amending s. 409.91196, F.S.; deleting
106 provisions relating to public records exemptions for
107 trade secrets held by the Agency for Health Care
108 Administration; amending s. 440.108, F.S.; deleting
109 provisions relating to public records exemptions for
110 trade secrets held by the Department of Financial
111 Services; amending s. 494.00125, F.S.; deleting
112 provisions relating to public records exemptions for
113 trade secrets held by the Office of Financial
114 Regulation; amending s. 497.172, F.S.; deleting
115 provisions relating to public records exemptions for
116 trade secrets held by the Department of Financial
117 Services or the Board of Funeral, Cemetery, and
118 Consumer Services; amending ss. 499.012, 499.0121,
119 499.05, and 499.051, F.S.; deleting provisions
120 relating to public records exemptions for trade
121 secrets held by the Department of Business and
122 Professional Regulation; repealing s. 499.931, F.S.,
123 relating to maintenance of information held by the
124 Department of Business and Professional Regulation
125 which is deemed to be a trade secret; amending s.
126 501.171, F.S.; deleting provisions relating to public
127 records exemptions for trade secrets held by the
128 Department of Legal Affairs; repealing s. 502.222,
129 F.S., relating to trade secrets of a dairy business
130 held by the Department of Agriculture and Consumer
131 Services; amending ss. 517.2015 and 520.9965, F.S.;
132 deleting provisions relating to public records
133 exemptions for trade secrets held by the Office of
134 Financial Regulation; amending s. 526.311, F.S.;
135 deleting provisions relating to public records
136 exemptions for trade secrets held by the Department of
137 Agriculture and Consumer Services; amending s.
138 548.062, F.S.; deleting provisions relating to public
139 records exemptions for trade secrets held by the
140 Florida State Boxing Commission; amending s. 556.113,
141 F.S.; deleting provisions relating to public records
142 exemptions for trade secrets held by Sunshine State
143 One-Call of Florida, Inc.; amending s. 559.5558, F.S.;
144 deleting provisions relating to public records
145 exemptions for trade secrets held by the Office of
146 Financial Regulation; amending s. 559.9285, F.S.;
147 revising provisions specifying that certain
148 information provided to the Department of Agriculture
149 and Consumer Services does not constitute a trade
150 secret; amending s. 560.129, F.S.; deleting provisions
151 relating to public records exemptions for trade
152 secrets held by the Office of Financial Regulation;
153 amending s. 570.48, F.S.; deleting provisions relating
154 to public records exemptions for trade secrets held by
155 the Division of Fruit and Vegetables; amending ss.
156 570.544 and 573.123, F.S.; deleting provisions
157 relating to public records exemptions for trade
158 secrets held by the Division of Consumer Services;
159 repealing s. 581.199, F.S., relating to a prohibition
160 on the use of trade secret information obtained under
161 specified provisions for personal use or gain;
162 amending ss. 601.10, 601.15, and 601.152, F.S.;
163 deleting provisions relating to public records
164 exemptions for trade secrets held by the Department of
165 Citrus; amending s. 601.76, F.S.; deleting provisions
166 relating to a public records exemption for certain
167 formulas filed with the Department of Agriculture;
168 amending ss. 607.0505 and 617.0503, F.S.; deleting
169 provisions relating to public records exemptions for
170 certain information that might reveal trade secrets
171 held by the Department of Legal Affairs; amending s.
172 624.4212, F.S.; deleting provisions relating to public
173 records exemptions for trade secrets held by the
174 Office of Insurance Regulation; revising a cross
175 reference; repealing s. 624.4213, F.S., relating to
176 trade secret documents submitted to the Department of
177 Financial Services or the Office of Insurance
178 Regulation; amending ss. 626.84195 and 626.884, F.S.;
179 deleting provisions relating to public records
180 exemptions for trade secrets held by the Office of
181 Insurance Regulation; amending s. 626.9936, F.S.;
182 revising provisions relating to a public records
183 exemption for trade secrets held by the Office of
184 Insurance Regulation; amending ss. 627.0628 and
185 627.3518, F.S.; deleting provisions relating to public
186 records exemptions for trade secrets held by the
187 Department of Financial Services or the Office of
188 Insurance Regulation; amending s. 655.057, F.S.;
189 revising provisions relating to a public records
190 exemption for trade secrets held by the Office of
191 Financial Regulation; repealing s. 655.0591, F.S.,
192 relating to trade secret documents held by the Office
193 of Financial Regulation; amending s. 663.533, F.S.;
194 revising a cross-reference; repealing s. 721.071,
195 F.S., relating to trade secret material filed with the
196 Division of Florida Condominiums, Timeshares, and
197 Mobile Homes of the Department of Business and
198 Professional Regulation; amending s. 815.04, F.S.;
199 deleting a public records exemption for certain trade
200 secret information relating to offenses against
201 intellectual property; repealing s. 815.045, F.S.,
202 relating to trade secret information; amending s.
203 1004.43, F.S.; revising provisions relating to public
204 records exemptions for trade secrets and potential
205 trade secrets held by the H. Lee Moffitt Cancer Center
206 and Research Institute; amending s. 1004.78, F.S.;
207 revising provisions relating to public records
208 exemptions for trade secrets and potential trade
209 secrets held by the technology transfers centers at
210 Florida College System institutions; amending s.
211 601.80, F.S.; correcting a cross-reference; amending
212 ss. 663.533, 721.13, and 921.0022, F.S.; conforming
213 provisions to changes made by the act; providing a
214 contingent effective date.
215
216 Be It Enacted by the Legislature of the State of Florida:
217
218 Section 1. Section 119.07135, Florida Statutes, is created
219 to read:
220 119.07135 Agency contracts; public records.—
221 (1) Any contract or agreement, or an addendum thereto, to
222 which an agency or an entity subject to this chapter is a party,
223 is a public record, except that confidential or exempt
224 information contained therein may be redacted before release of
225 the contract or agreement, or an addendum thereto, if the
226 specific statutory exemption is identified.
227 (2) Notwithstanding any other provision of law, the
228 following information related to any contract or agreement, or
229 an addendum thereto, with an agency or an entity subject to this
230 chapter is not confidential or exempt from s. 119.07(1) and s.
231 24(a), Art. I of the State Constitution:
232 (a) The parties to the contract or agreement, or an
233 addendum thereto, if the contract or agreement, or the addendum
234 thereto, includes a provision requiring the agency or an entity
235 subject to this chapter to expend funds.
236 (b) The amount of money paid, any payment structure or
237 plan, expenditures, incentives, bonuses, fees, or penalties.
238 (c) The nature or type of the commodities or services
239 purchased.
240 (d) Applicable contract unit prices and deliverables.
241 (3) This section does not apply to research institutes
242 created or established in law, divisions of sponsored research
243 at state universities, or technology transfer centers at Florida
244 College System institutions.
245 Section 2. Subsection (12) of section 24.105, Florida
246 Statutes, is amended to read:
247 24.105 Powers and duties of department.—The department
248 shall:
249 (12)(a) Determine by rule information relating to the
250 operation of the lottery which is confidential and exempt from
251 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
252 Constitution. Such information includes trade secrets; security
253 measures, systems, or procedures; security reports; information
254 concerning bids or other contractual data, the disclosure of
255 which would impair the efforts of the department to contract for
256 goods or services on favorable terms; employee personnel
257 information unrelated to compensation, duties, qualifications,
258 or responsibilities; and information obtained by the Division of
259 Security pursuant to its investigations which is otherwise
260 confidential. To be deemed confidential, the information must be
261 necessary to the security and integrity of the lottery.
262 Confidential information may be released to other governmental
263 entities as needed in connection with the performance of their
264 duties. The receiving governmental entity shall retain the
265 confidentiality of such information as provided for in this
266 subsection.
267 (a)(b) Maintain the confidentiality of the street address
268 and the telephone number of a winner, in that such information
269 is confidential and exempt from the provisions of s. 119.07(1)
270 and s. 24(a), Art. I of the State Constitution, unless the
271 winner consents to the release of such information or as
272 provided for in s. 24.115(4) or s. 409.2577.
273 (b)(c) Any information made confidential and exempt from
274 the provisions of s. 119.07(1) under this subsection shall be
275 disclosed to the Auditor General, to the Office of Program
276 Policy Analysis and Government Accountability, or to the
277 independent auditor selected under s. 24.123 upon such person’s
278 request therefor. If the President of the Senate or the Speaker
279 of the House of Representatives certifies that information made
280 confidential under this subsection is necessary for effecting
281 legislative changes, the requested information shall be
282 disclosed to him or her, and he or she may disclose such
283 information to members of the Legislature and legislative staff
284 as necessary to effect such purpose.
285 Section 3. Paragraph (e) of subsection (1) of section
286 73.0155, Florida Statutes, is amended to read:
287 73.0155 Confidentiality; business information provided to a
288 governmental condemning authority.—
289 (1) The following business information provided by the
290 owner of a business to a governmental condemning authority as
291 part of an offer of business damages under s. 73.015 is
292 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
293 of the State Constitution if the owner requests in writing that
294 the business information be held confidential and exempt:
295 (e) Materials that relate to methods of manufacture or
296 production or, potential trade secrets, patentable material, or
297 actual trade secrets as defined in s. 688.002.
298 Section 4. Paragraph (f) of subsection (1) of section
299 119.071, Florida Statutes, is amended to read:
300 119.071 General exemptions from inspection or copying of
301 public records.—
302 (1) AGENCY ADMINISTRATION.—
303 (f) Data processing software obtained by an agency under a
304 licensing agreement that prohibits its disclosure and which
305 software is a trade secret, as defined in s. 812.081, and
306 Agency-produced data processing software that is sensitive is
307 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
308 Constitution. The designation of agency-produced software as
309 sensitive does not prohibit an agency head from sharing or
310 exchanging such software with another public agency. This
311 paragraph is subject to the Open Government Sunset Review Act in
312 accordance with s. 119.15 and shall stand repealed on October 2,
313 2021, unless reviewed and saved from repeal through reenactment
314 by the Legislature.
315 Section 5. Paragraph (a) of subsection (4) of section
316 119.0713, Florida Statutes, is amended to read:
317 119.0713 Local government agency exemptions from inspection
318 or copying of public records.—
319 (4)(a) Proprietary confidential business information means
320 information, regardless of form or characteristics, which is
321 held by an electric utility that is subject to this chapter, is
322 intended to be and is treated by the entity that provided the
323 information to the electric utility as private in that the
324 disclosure of the information would cause harm to the entity
325 providing the information or its business operations, and has
326 not been disclosed unless disclosed pursuant to a statutory
327 provision, an order of a court or administrative body, or a
328 private agreement that provides that the information will not be
329 released to the public. Proprietary confidential business
330 information includes:
331 1. Trade secrets, as defined in s. 688.002.
332 2. Internal auditing controls and reports of internal
333 auditors.
334 2.3. Security measures, systems, or procedures.
335 3.4. Information concerning bids or other contractual data,
336 the disclosure of which would impair the efforts of the electric
337 utility to contract for goods or services on favorable terms.
338 4.5. Information relating to competitive interests, the
339 disclosure of which would impair the competitive business of the
340 provider of the information.
341 Section 6. Paragraph (d) of subsection (9) of section
342 125.0104, Florida Statutes, is amended to read:
343 125.0104 Tourist development tax; procedure for levying;
344 authorized uses; referendum; enforcement.—
345 (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
346 other powers and duties provided for agencies created for the
347 purpose of tourism promotion by a county levying the tourist
348 development tax, such agencies are authorized and empowered to:
349 (d) Undertake marketing research and advertising research
350 studies and provide reservations services and convention and
351 meetings booking services consistent with the authorized uses of
352 revenue as set forth in subsection (5).
353 1. Information given to a county tourism promotion agency
354 which, if released, would reveal the identity of persons or
355 entities who provide data or other information as a response to
356 a sales promotion effort, an advertisement, or a research
357 project or whose names, addresses, meeting or convention plan
358 information or accommodations or other visitation needs become
359 booking or reservation list data, is exempt from s. 119.07(1)
360 and s. 24(a), Art. I of the State Constitution.
361 2. The following information, When held by a county tourism
362 promotion agency, booking business records, as defined in s.
363 255.047, are is exempt from s. 119.07(1) and s. 24(a), Art. I of
364 the State Constitution.:
365 a. Booking business records, as defined in s. 255.047.
366 b. Trade secrets and commercial or financial information
367 gathered from a person and privileged or confidential, as
368 defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
369 amendments thereto.
370 3. A trade secret, as defined in s. 812.081, held by a
371 county tourism promotion agency is exempt from s. 119.07(1) and
372 s. 24(a), Art. I of the State Constitution. This subparagraph is
373 subject to the Open Government Sunset Review Act in accordance
374 with s. 119.15 and shall stand repealed on October 2, 2021,
375 unless reviewed and saved from repeal through reenactment by the
376 Legislature.
377 Section 7. Paragraph (m) of subsection (15) of section
378 163.01, Florida Statutes, is amended to read:
379 163.01 Florida Interlocal Cooperation Act of 1969.—
380 (15) Notwithstanding any other provision of this section or
381 of any other law except s. 361.14, any public agency of this
382 state which is an electric utility, or any separate legal entity
383 created pursuant to the provisions of this section, the
384 membership of which consists only of electric utilities, and
385 which exercises or proposes to exercise the powers granted by
386 part II of chapter 361, the Joint Power Act, may exercise any or
387 all of the following powers:
388 (m) In the event that any public agency or any such legal
389 entity, or both, should receive, in connection with its joint
390 ownership or right to the services, output, capacity, or energy
391 of an electric project, as defined in paragraph (3)(d), any
392 material which is designated by the person supplying such
393 material as proprietary confidential business information or
394 which a court of competent jurisdiction has designated as
395 confidential or secret shall be kept confidential and shall be
396 exempt from the provisions of s. 119.07(1). As used in this
397 paragraph, “proprietary confidential business information”
398 includes, but is not limited to, trade secrets; internal
399 auditing controls and reports of internal auditors; security
400 measures, systems, or procedures; information concerning bids or
401 other contractual data, the disclosure of which would impair the
402 efforts of the utility to contract for services on favorable
403 terms; employee personnel information unrelated to compensation,
404 duties, qualifications, or responsibilities; and formulas,
405 patterns, devices, combinations of devices, contract costs, or
406 other information the disclosure of which would injure the
407 affected entity in the marketplace.
408 Section 8. Subsection (2) of section 202.195, Florida
409 Statutes, is amended to read:
410 202.195 Proprietary confidential business information;
411 public records exemption.—
412 (2) For the purposes of this exemption, “proprietary
413 confidential business information” includes maps, plans, billing
414 and payment records, trade secrets, or other information
415 relating to the provision of or facilities for communications
416 service:
417 (a) That is intended to be and is treated by the company as
418 confidential;
419 (b) The disclosure of which would be reasonably likely to
420 be used by a competitor to harm the business interests of the
421 company; and
422 (c) That is not otherwise readily ascertainable or publicly
423 available by proper means by other persons from another source
424 in the same configuration as requested by the local governmental
425 entity.
426
427 Proprietary confidential business information does not include
428 schematics indicating the location of facilities for a specific
429 site that are provided in the normal course of the local
430 governmental entity’s permitting process.
431 Section 9. Paragraphs (a), (c), and (d) of subsection (3)
432 of section 215.4401, Florida Statutes, are amended to read:
433 215.4401 Board of Administration; public record
434 exemptions.—
435 (3)(a) As used in this subsection, the term:
436 1. “Alternative investment” means an investment by the
437 State Board of Administration in a private equity fund, venture
438 fund, hedge fund, or distress fund or a direct investment in a
439 portfolio company through an investment manager.
440 2. “Alternative investment vehicle” means the limited
441 partnership, limited liability company, or similar legal
442 structure or investment manager through which the State Board of
443 Administration invests in a portfolio company.
444 3. “Portfolio company” means a corporation or other issuer,
445 any of whose securities are owned by an alternative investment
446 vehicle or the State Board of Administration and any subsidiary
447 of such corporation or other issuer.
448 4. “Portfolio positions” means individual investments in
449 portfolio companies which are made by the alternative investment
450 vehicles, including information or specific investment terms
451 associated with any portfolio company investment.
452 5. “Proprietor” means an alternative investment vehicle, a
453 portfolio company in which the alternative investment vehicle is
454 invested, or an outside consultant, including the respective
455 authorized officers, employees, agents, or successors in
456 interest, which controls or owns information provided to the
457 State Board of Administration.
458 6. “Proprietary confidential business information” means
459 information that has been designated by the proprietor when
460 provided to the State Board of Administration as information
461 that is owned or controlled by a proprietor; that is intended to
462 be and is treated by the proprietor as private, the disclosure
463 of which would harm the business operations of the proprietor
464 and has not been intentionally disclosed by the proprietor
465 unless pursuant to a private agreement that provides that the
466 information will not be released to the public except as
467 required by law or legal process, or pursuant to law or an order
468 of a court or administrative body; and that concerns:
469 a. Trade secrets as defined in s. 688.002.
470 b. Information provided to the State Board of
471 Administration regarding a prospective investment in a private
472 equity fund, venture fund, hedge fund, distress fund, or
473 portfolio company which is proprietary to the provider of the
474 information.
475 b.c. Financial statements and auditor reports of an
476 alternative investment vehicle.
477 c.d. Meeting materials of an alternative investment vehicle
478 relating to financial, operating, or marketing information of
479 the alternative investment vehicle.
480 d.e. Information regarding the portfolio positions in which
481 the alternative investment vehicles invest.
482 e.f. Capital call and distribution notices to investors of
483 an alternative investment vehicle.
484 f.g. Alternative investment agreements and related records.
485 g.h. Information concerning investors, other than the State
486 Board of Administration, in an alternative investment vehicle.
487 7. “Proprietary confidential business information” does not
488 include:
489 a. The name, address, and vintage year of an alternative
490 investment vehicle and the identity of the principals involved
491 in the management of the alternative investment vehicle.
492 b. The dollar amount of the commitment made by the State
493 Board of Administration to each alternative investment vehicle
494 since inception.
495 c. The dollar amount and date of cash contributions made by
496 the State Board of Administration to each alternative investment
497 vehicle since inception.
498 d. The dollar amount, on a fiscal-year-end basis, of cash
499 distributions received by the State Board of Administration from
500 each alternative investment vehicle.
501 e. The dollar amount, on a fiscal-year-end basis, of cash
502 distributions received by the State Board of Administration plus
503 the remaining value of alternative-vehicle assets that are
504 attributable to the State Board of Administration’s investment
505 in each alternative investment vehicle.
506 f. The net internal rate of return of each alternative
507 investment vehicle since inception.
508 g. The investment multiple of each alternative investment
509 vehicle since inception.
510 h. The dollar amount of the total management fees and costs
511 paid on an annual fiscal-year-end basis by the State Board of
512 Administration to each alternative investment vehicle.
513 i. The dollar amount of cash profit received by the State
514 Board of Administration from each alternative investment vehicle
515 on a fiscal-year-end basis.
516 j. A description of any compensation, fees, or expenses,
517 including the amount or value, paid or agreed to be paid by a
518 proprietor to any person to solicit the board to make an
519 alternative investment or investment through an alternative
520 investment vehicle. This does not apply to an executive officer,
521 general partner, managing member, or other employee of the
522 proprietor, who is paid by the proprietor to solicit the board
523 to make such investments.
524 (c)1. Notwithstanding the provisions of paragraph (b), a
525 request to inspect or copy a record under s. 119.07(1) that
526 contains proprietary confidential business information shall be
527 granted if the proprietor of the information fails, within a
528 reasonable period of time after the request is received by the
529 State Board of Administration, to verify the following to the
530 State Board of Administration through a written declaration in
531 the manner provided by s. 92.525:
532 a. That the requested record contains proprietary
533 confidential business information and the specific location of
534 such information within the record;
535 b. If the proprietary confidential business information is
536 a trade secret, a verification that it is a trade secret as
537 defined in s. 688.002;
538 c. That the proprietary confidential business information
539 is intended to be and is treated by the proprietor as private,
540 is the subject of efforts of the proprietor to maintain its
541 privacy, and is not readily ascertainable or publicly available
542 from any other source; and
543 c.d. That the disclosure of the proprietary confidential
544 business information to the public would harm the business
545 operations of the proprietor.
546 2. The State Board of Administration shall maintain a list
547 and a description of the records covered by any verified,
548 written declaration made under this paragraph.
549 (d) Any person may petition a court of competent
550 jurisdiction for an order for the public release of those
551 portions of any record made confidential and exempt by paragraph
552 (b). Any action under this paragraph must be brought in Leon
553 County, Florida, and the petition or other initial pleading
554 shall be served on the State Board of Administration and, if
555 determinable upon diligent inquiry, on the proprietor of the
556 information sought to be released. In any order for the public
557 release of a record under this paragraph, the court shall make a
558 finding that the record or portion thereof is not a trade secret
559 as defined in s. 688.002, that a compelling public interest is
560 served by the release of the record or portions thereof which
561 exceed the public necessity for maintaining the confidentiality
562 of such record, and that the release of the record will not
563 cause damage to or adversely affect the interests of the
564 proprietor of the released information, other private persons or
565 business entities, the State Board of Administration, or any
566 trust fund, the assets of which are invested by the State Board
567 of Administration.
568 Section 10. Subsection (1) of section 252.88, Florida
569 Statutes, is amended to read:
570 252.88 Public records.—
571 (1) Whenever EPCRA authorizes an employer to exclude trade
572 secret information from its submittals, the employer shall
573 furnish the information so excluded to the commission upon
574 request. Such information shall be confidential and exempt from
575 the provisions of s. 119.07(1). The commission shall not
576 disclose such information except pursuant to a final
577 determination under s. 322 of EPCRA by the Administrator of the
578 Environmental Protection Agency that such information is not
579 entitled to trade secret protection, or pursuant to an order of
580 court.
581 Section 11. Section 252.943, Florida Statutes, is repealed.
582 Section 12. Paragraph (h) of subsection (2) of section
583 287.0943, Florida Statutes, is amended to read:
584 287.0943 Certification of minority business enterprises.—
585 (2)
586 (h) The certification procedures should allow an applicant
587 seeking certification to designate on the application form the
588 information the applicant considers to be proprietary,
589 confidential business information. As used in this paragraph,
590 “proprietary, confidential business information” includes, but
591 is not limited to, any information that would be exempt from
592 public inspection pursuant to the provisions of chapter 119;
593 trade secrets; internal auditing controls and reports; contract
594 costs; or other information the disclosure of which would injure
595 the affected party in the marketplace or otherwise violate s.
596 286.041. The executor in receipt of the application shall issue
597 written and final notice of any information for which
598 noninspection is requested but not provided for by law.
599 Section 13. Subsection (7) of section 288.047, Florida
600 Statutes, is amended to read:
601 288.047 Quick-response training for economic development.—
602 (7) In providing instruction pursuant to this section,
603 materials that relate to methods of manufacture or production,
604 potential trade secrets, business transactions, or proprietary
605 information received, produced, ascertained, or discovered by
606 employees of the respective departments, district school boards,
607 community college district boards of trustees, or other
608 personnel employed for the purposes of this section is
609 confidential and exempt from the provisions of s. 119.07(1). The
610 state may seek copyright protection for instructional materials
611 and ancillary written documents developed wholly or partially
612 with state funds as a result of instruction provided pursuant to
613 this section, except for materials that are confidential and
614 exempt from the provisions of s. 119.07(1).
615 Section 14. Paragraph (c) of subsection (1) and subsection
616 (3) of section 288.075, Florida Statutes, are amended, and
617 present subsections (4) through (7) of that section are
618 renumbered as subsections (3) through (6), respectively, to
619 read:
620 288.075 Confidentiality of records.—
621 (1) DEFINITIONS.—As used in this section, the term:
622 (c) “Trade secret” has the same meaning as in s. 688.002.
623 (3) TRADE SECRETS.—Trade secrets held by an economic
624 development agency are confidential and exempt from s. 119.07(1)
625 and s. 24(a), Art. I of the State Constitution.
626 Section 15. Subsection (9) of section 288.1226, Florida
627 Statutes, is amended to read:
628 288.1226 Florida Tourism Industry Marketing Corporation;
629 use of property; board of directors; duties; audit.—
630 (9) PUBLIC RECORDS EXEMPTION.—The identity of any person
631 who responds to a marketing project or advertising research
632 project conducted by the corporation in the performance of its
633 duties on behalf of Enterprise Florida, Inc., is or trade
634 secrets as defined by s. 812.081 obtained pursuant to such
635 activities, are exempt from s. 119.07(1) and s. 24(a), Art. I of
636 the State Constitution. This subsection is subject to the Open
637 Government Sunset Review Act in accordance with s. 119.15 and
638 shall stand repealed on October 2, 2021, unless reviewed and
639 saved from repeal through reenactment by the Legislature.
640 Section 16. Paragraph (d) of subsection (3) of section
641 288.776, Florida Statutes, is amended to read:
642 288.776 Board of directors; powers and duties.—
643 (3) The board shall:
644 (d) Adopt policies, including criteria, establishing which
645 exporters and export transactions shall be eligible for
646 insurance, coinsurance, loan guarantees, and direct, guaranteed,
647 or collateralized loans which may be extended by the
648 corporation. Pursuant to this subsection, the board shall
649 include the following criteria:
650 1. Any individual signing any corporation loan application
651 and loan or guarantee agreement shall have an equity in the
652 business applying for financial assistance.
653 2. Each program shall exclusively support the export of
654 goods and services by small and medium-sized businesses which
655 are domiciled in this state. Priority shall be given to goods
656 which have value added in this state.
657 3. Financial assistance shall only be extended when at
658 least one of the following circumstances exists:
659 a. The assistance is required to secure the participation
660 of small and medium-sized export businesses in federal, state,
661 or private financing programs.
662 b. No conventional source of lender support is available
663 for the business from public or private financing sources.
664
665 Personal financial records, trade secrets, or proprietary
666 information of applicants shall be confidential and exempt from
667 the provisions of s. 119.07(1).
668 Section 17. Section 288.9520, Florida Statutes, is amended
669 to read:
670 288.9520 Public records exemption.—Materials that relate to
671 methods of manufacture or production, potential trade secrets,
672 potentially patentable material, actual trade secrets, business
673 transactions, financial and proprietary information, and
674 agreements or proposals to receive funding that are received,
675 generated, ascertained, or discovered by Enterprise Florida,
676 Inc., including its affiliates or subsidiaries and partnership
677 participants, such as private enterprises, educational
678 institutions, and other organizations, are confidential and
679 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
680 of the State Constitution, except that a recipient of Enterprise
681 Florida, Inc., research funds shall make available, upon
682 request, the title and description of the research project, the
683 name of the researcher, and the amount and source of funding
684 provided for the project.
685 Section 18. Subsection (5) of section 288.9607, Florida
686 Statutes, is amended to read:
687 288.9607 Guaranty of bond issues.—
688 (5) Personal financial records, trade secrets, or
689 proprietary information of applicants delivered to or obtained
690 by the corporation shall be confidential and exempt from the
691 provisions of s. 119.07(1).
692 Section 19. Paragraph (f) of subsection (1), paragraph (a)
693 of subsection (2), paragraph (a) of subsection (3), and
694 paragraphs (b) and (c) of subsection (4) of section 288.9626,
695 Florida Statutes, are amended to read:
696 288.9626 Exemptions from public records and public meetings
697 requirements for the Florida Opportunity Fund.—
698 (1) DEFINITIONS.—As used in this section, the term:
699 (f)1. “Proprietary confidential business information” means
700 information that has been designated by the proprietor when
701 provided to the Florida Opportunity Fund as information that is
702 owned or controlled by a proprietor; that is intended to be and
703 is treated by the proprietor as private, the disclosure of which
704 would harm the business operations of the proprietor and has not
705 been intentionally disclosed by the proprietor unless pursuant
706 to a private agreement that provides that the information will
707 not be released to the public except as required by law or legal
708 process, or pursuant to law or an order of a court or
709 administrative body; and that concerns:
710 a. Trade secrets as defined in s. 688.002.
711 b. Information provided to the Florida Opportunity Fund
712 regarding an existing or prospective alternative investment in a
713 private equity fund, venture capital fund, angel fund, or
714 portfolio company that is proprietary to the provider of the
715 information.
716 b.c. Financial statements and auditor reports of an
717 alternative investment vehicle or portfolio company, unless
718 publicly released by the alternative investment vehicle or
719 portfolio company.
720 c.d. Meeting materials of an alternative investment vehicle
721 or portfolio company relating to financial, operating, or
722 marketing information of the alternative investment vehicle or
723 portfolio company.
724 d.e. Information regarding the portfolio positions in which
725 the alternative investment vehicles or Florida Opportunity Fund
726 invest.
727 e.f. Capital call and distribution notices to investors or
728 the Florida Opportunity Fund of an alternative investment
729 vehicle.
730 f.g. Alternative investment agreements and related records.
731 g.h. Information concerning investors, other than the
732 Florida Opportunity Fund, in an alternative investment vehicle
733 or portfolio company.
734 2. “Proprietary confidential business information” does not
735 include:
736 a. The name, address, and vintage year of an alternative
737 investment vehicle or Florida Opportunity Fund and the identity
738 of the principals involved in the management of the alternative
739 investment vehicle or Florida Opportunity Fund.
740 b. The dollar amount of the commitment made by the Florida
741 Opportunity Fund to each alternative investment vehicle since
742 inception, if any.
743 c. The dollar amount and date of cash contributions made by
744 the Florida Opportunity Fund to each alternative investment
745 vehicle since inception, if any.
746 d. The dollar amount, on a fiscal-year-end basis, of cash
747 or other fungible distributions received by the Florida
748 Opportunity Fund from each alternative investment vehicle.
749 e. The dollar amount, on a fiscal-year-end basis, of cash
750 or other fungible distributions received by the Florida
751 Opportunity Fund plus the remaining value of alternative-vehicle
752 assets that are attributable to the Florida Opportunity Fund’s
753 investment in each alternative investment vehicle.
754 f. The net internal rate of return of each alternative
755 investment vehicle since inception.
756 g. The investment multiple of each alternative investment
757 vehicle since inception.
758 h. The dollar amount of the total management fees and costs
759 paid on an annual fiscal-year-end basis by the Florida
760 Opportunity Fund to each alternative investment vehicle.
761 i. The dollar amount of cash profit received by the Florida
762 Opportunity Fund from each alternative investment vehicle on a
763 fiscal-year-end basis.
764 (2) PUBLIC RECORDS EXEMPTION.—
765 (a) The following records held by the Florida Opportunity
766 Fund are confidential and exempt from s. 119.07(1) and s. 24(a),
767 Art. I of the State Constitution:
768 1. Materials that relate to methods of manufacture or
769 production, potential trade secrets, or patentable material
770 received, generated, ascertained, or discovered during the
771 course of research or through research projects and that are
772 provided by a proprietor.
773 2. Information that would identify an investor or potential
774 investor who desires to remain anonymous in projects reviewed by
775 the Florida Opportunity Fund.
776 3. Proprietary confidential business information regarding
777 alternative investments for 7 years after the termination of the
778 alternative investment.
779 (3) PUBLIC MEETINGS EXEMPTION.—
780 (a) That portion of a meeting of the board of directors of
781 the Florida Opportunity Fund at which information is discussed
782 which is confidential and exempt under subsection (2) or s.
783 688.01 is exempt from s. 286.011 and s. 24(b), Art. I of the
784 State Constitution.
785 (4) REQUEST TO INSPECT OR COPY A RECORD.—
786 (b) Notwithstanding the provisions of paragraph (2)(a), a
787 request to inspect or copy a public record that contains
788 proprietary confidential business information shall be granted
789 if the proprietor of the information fails, within a reasonable
790 period of time after the request is received by the Florida
791 Opportunity Fund, to verify the following to the Florida
792 Opportunity Fund through a written declaration in the manner
793 provided by s. 92.525:
794 1. That the requested record contains proprietary
795 confidential business information and the specific location of
796 such information within the record;
797 2. If the proprietary confidential business information is
798 a trade secret, a verification that it is a trade secret as
799 defined in s. 688.002;
800 3. That the proprietary confidential business information
801 is intended to be and is treated by the proprietor as private,
802 is the subject of efforts of the proprietor to maintain its
803 privacy, and is not readily ascertainable or publicly available
804 from any other source; and
805 3.4. That the disclosure of the proprietary confidential
806 business information to the public would harm the business
807 operations of the proprietor.
808 (c)1. Any person may petition a court of competent
809 jurisdiction for an order for the public release of those
810 portions of any record made confidential and exempt by
811 subsection (2).
812 2. Any action under this subsection must be brought in
813 Orange County, and the petition or other initial pleading shall
814 be served on the Florida Opportunity Fund and, if determinable
815 upon diligent inquiry, on the proprietor of the information
816 sought to be released.
817 3. In any order for the public release of a record under
818 this subsection, the court shall make a finding that:
819 a. The record or portion thereof is not a trade secret as
820 defined in s. 688.002;
821 b. A compelling public interest is served by the release of
822 the record or portions thereof which exceed the public necessity
823 for maintaining the confidentiality of such record; and
824 b.c. The release of the record will not cause damage to or
825 adversely affect the interests of the proprietor of the released
826 information, other private persons or business entities, or the
827 Florida Opportunity Fund.
828 Section 20. Paragraph (b) of subsection (1), paragraph (a)
829 of subsection (2), paragraph (a) of subsection (3), and
830 paragraphs (b) and (c) of subsection (4) of section 288.9627,
831 Florida Statutes, are amended to read:
832 288.9627 Exemptions from public records and public meetings
833 requirements for the Institute for Commercialization of Florida
834 Technology.—
835 (1) DEFINITIONS.—As used in this section, the term:
836 (b)1. “Proprietary confidential business information” means
837 information that has been designated by the proprietor when
838 provided to the institute as information that is owned or
839 controlled by a proprietor; that is intended to be and is
840 treated by the proprietor as private, the disclosure of which
841 would harm the business operations of the proprietor and has not
842 been intentionally disclosed by the proprietor unless pursuant
843 to a private agreement that provides that the information will
844 not be released to the public except as required by law or legal
845 process, or pursuant to law or an order of a court or
846 administrative body; and that concerns:
847 a. Trade secrets as defined in s. 688.002.
848 b. Financial statements and internal or external auditor
849 reports of a proprietor corporation, partnership, or person
850 requesting confidentiality under this statute, unless publicly
851 released by the proprietor.
852 b.c. Meeting materials related to financial, operating,
853 investment, or marketing information of the proprietor
854 corporation, partnership, or person.
855 c.d. Information concerning private investors in the
856 proprietor corporation, partnership, or person.
857 2. “Proprietary confidential business information” does not
858 include:
859 a. The identity and primary address of the proprietor’s
860 principals.
861 b. The dollar amount and date of the financial commitment
862 or contribution made by the institute.
863 c. The dollar amount, on a fiscal-year-end basis, of cash
864 repayments or other fungible distributions received by the
865 institute from each proprietor.
866 d. The dollar amount, if any, of the total management fees
867 and costs paid on an annual fiscal-year-end basis by the
868 institute.
869 (2) PUBLIC RECORDS EXEMPTION.—
870 (a) The following records held by the institute are
871 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
872 of the State Constitution:
873 1. Materials that relate to methods of manufacture or
874 production, potential trade secrets, or patentable material
875 received, generated, ascertained, or discovered during the
876 course of research or through research projects conducted by
877 universities and other publicly supported organizations in this
878 state and that are provided to the institute by a proprietor.
879 2. Information that would identify an investor or potential
880 investor who desires to remain anonymous in projects reviewed by
881 the institute for assistance.
882 3. Any information received from a person from another
883 state or nation or the Federal Government which is otherwise
884 confidential or exempt pursuant to the laws of that state or
885 nation or pursuant to federal law.
886 4. Proprietary confidential business information for 7
887 years after the termination of the institute’s financial
888 commitment to the company.
889 (3) PUBLIC MEETINGS EXEMPTION.—
890 (a) That portion of a meeting of the institute’s board of
891 directors at which information is discussed which is
892 confidential and exempt under subsection (2) or s. 688.01 is
893 exempt from s. 286.011 and s. 24(b), Art. I of the State
894 Constitution.
895 (4) REQUEST TO INSPECT OR COPY A RECORD.—
896 (b) Notwithstanding the provisions of paragraph (2)(a), a
897 request to inspect or copy a public record that contains
898 proprietary confidential business information shall be granted
899 if the proprietor of the information fails, within a reasonable
900 period of time after the request is received by the institute,
901 to verify the following to the institute through a written
902 declaration in the manner provided by s. 92.525:
903 1. That the requested record contains proprietary
904 confidential business information and the specific location of
905 such information within the record;
906 2. If the proprietary confidential business information is
907 a trade secret, a verification that it is a trade secret as
908 defined in s. 688.002;
909 3. That the proprietary confidential business information
910 is intended to be and is treated by the proprietor as private,
911 is the subject of efforts of the proprietor to maintain its
912 privacy, and is not readily ascertainable or publicly available
913 from any other source; and
914 3.4. That the disclosure of the proprietary confidential
915 business information to the public would harm the business
916 operations of the proprietor.
917 (c)1. Any person may petition a court of competent
918 jurisdiction for an order for the public release of those
919 portions of any record made confidential and exempt by
920 subsection (2).
921 2. Any action under this subsection must be brought in Palm
922 Beach County or Alachua County, and the petition or other
923 initial pleading shall be served on the institute and, if
924 determinable upon diligent inquiry, on the proprietor of the
925 information sought to be released.
926 3. In any order for the public release of a record under
927 this subsection, the court shall make a finding that:
928 a. The record or portion thereof is not a trade secret as
929 defined in s. 688.002;
930 b. A compelling public interest is served by the release of
931 the record or portions thereof which exceed the public necessity
932 for maintaining the confidentiality of such record; and
933 b.c. The release of the record will not cause damage to or
934 adversely affect the interests of the proprietor of the released
935 information, other private persons or business entities, or the
936 institute.
937 Section 21. Section 331.326, Florida Statutes, is amended
938 to read:
939 331.326 Information relating to trade secrets
940 confidential.—The records of Space Florida regarding matters
941 encompassed by this act are public records subject to chapter
942 119. Any information held by Space Florida which is a trade
943 secret, as defined in s. 812.081, including trade secrets of
944 Space Florida, any spaceport user, or the space industry
945 business, is confidential and exempt from s. 119.07(1) and s.
946 24(a), Art. I of the State Constitution and may not be
947 disclosed. If Space Florida determines that any information
948 requested by the public will reveal a trade secret, it shall, in
949 writing, inform the person making the request of that
950 determination. The determination is a final order as defined in
951 s. 120.52. Any meeting or portion of a meeting of Space
952 Florida’s board is exempt from s. 286.011 and s. 24(b), Art. I
953 of the State Constitution when the board is discussing trade
954 secrets as defined in s. 688.01. Any public record generated
955 during the closed portions of the meetings, such as minutes,
956 tape recordings, and notes, is confidential and exempt from s.
957 119.07(1) and s. 24(a), Art. I of the State Constitution. This
958 section is subject to the Open Government Sunset Review Act in
959 accordance with s. 119.15 and shall stand repealed on October 2,
960 2021, unless reviewed and saved from repeal through reenactment
961 by the Legislature.
962 Section 22. Present subsection (4) of section 334.049,
963 Florida Statutes, is amended, and present subsection (5) of that
964 section is renumbered as subsection (4), to read:
965 334.049 Patents, copyrights, trademarks; notice to
966 Department of State; confidentiality of trade secrets.—
967 (4) Any information obtained by the department as a result
968 of research and development projects and revealing a method of
969 process, production, or manufacture which is a trade secret as
970 defined in s. 688.002, is confidential and exempt from the
971 provisions of s. 119.07(1).
972 Section 23. Section 350.121, Florida Statutes, is amended
973 to read:
974 350.121 Commission inquiries; confidentiality of business
975 material.—If the commission undertakes an inquiry, any records,
976 documents, papers, maps, books, tapes, photographs, files, sound
977 recordings, or other business material, regardless of form or
978 characteristics, obtained by the commission incident to the
979 inquiry are considered confidential and exempt from s. 119.07(1)
980 while the inquiry is pending. If at the conclusion of an inquiry
981 the commission undertakes a formal proceeding, any matter
982 determined by the commission or by a judicial or administrative
983 body, federal or state, to be trade secrets or proprietary
984 confidential business information coming into its possession
985 pursuant to such inquiry shall be considered confidential and
986 exempt from s. 119.07(1). Such material may be used in any
987 administrative or judicial proceeding so long as the
988 confidential or proprietary nature of the material is
989 maintained.
990 Section 24. Subsection (3) of section 364.183, Florida
991 Statutes, is amended to read:
992 364.183 Access to company records.—
993 (3) The term “proprietary confidential business
994 information” means information, regardless of form or
995 characteristics, which is owned or controlled by the person or
996 company, is intended to be and is treated by the person or
997 company as private in that the disclosure of the information
998 would cause harm to the ratepayers or the person’s or company’s
999 business operations, and has not been disclosed unless disclosed
1000 pursuant to a statutory provision, an order of a court or
1001 administrative body, or private agreement that provides that the
1002 information will not be released to the public. The term
1003 includes, but is not limited to:
1004 (a) Trade secrets.
1005 (b) Internal auditing controls and reports of internal
1006 auditors.
1007 (b)(c) Security measures, systems, or procedures.
1008 (c)(d) Information concerning bids or other contractual
1009 data, the disclosure of which would impair the efforts of the
1010 company or its affiliates to contract for goods or services on
1011 favorable terms.
1012 (d)(e) Information relating to competitive interests, the
1013 disclosure of which would impair the competitive business of the
1014 provider of information.
1015 (e)(f) Employee personnel information unrelated to
1016 compensation, duties, qualifications, or responsibilities.
1017 Section 25. Subsection (3) of section 365.174, Florida
1018 Statutes, is amended to read:
1019 365.174 Proprietary confidential business information.—
1020 (3) As used in this section, the term “proprietary
1021 confidential business information” means customer lists,
1022 customer numbers, individual or aggregate customer data by
1023 location, usage and capacity data, network facilities used to
1024 serve subscribers, technology descriptions, or technical
1025 information, or trade secrets, including trade secrets as
1026 defined in s. 812.081, and the actual or developmental costs of
1027 E911 systems that are developed, produced, or received
1028 internally by a provider or by a provider’s employees,
1029 directors, officers, or agents.
1030 Section 26. Subsection (3) of section 366.093, Florida
1031 Statutes, is amended to read:
1032 366.093 Public utility records; confidentiality.—
1033 (3) Proprietary confidential business information means
1034 information, regardless of form or characteristics, which is
1035 owned or controlled by the person or company, is intended to be
1036 and is treated by the person or company as private in that the
1037 disclosure of the information would cause harm to the ratepayers
1038 or the person’s or company’s business operations, and has not
1039 been disclosed unless disclosed pursuant to a statutory
1040 provision, an order of a court or administrative body, or
1041 private agreement that provides that the information will not be
1042 released to the public. Proprietary confidential business
1043 information includes, but is not limited to:
1044 (a) Trade secrets.
1045 (b) Internal auditing controls and reports of internal
1046 auditors.
1047 (b)(c) Security measures, systems, or procedures.
1048 (c)(d) Information concerning bids or other contractual
1049 data, the disclosure of which would impair the efforts of the
1050 public utility or its affiliates to contract for goods or
1051 services on favorable terms.
1052 (d)(e) Information relating to competitive interests, the
1053 disclosure of which would impair the competitive business of the
1054 provider of the information.
1055 (e)(f) Employee personnel information unrelated to
1056 compensation, duties, qualifications, or responsibilities.
1057 Section 27. Subsection (3) of section 367.156, Florida
1058 Statutes, is amended to read:
1059 367.156 Public utility records; confidentiality.—
1060 (3) Proprietary confidential business information means
1061 information, regardless of form or characteristics, which is
1062 owned or controlled by the person or company, is intended to be
1063 and is treated by the person or company as private in that the
1064 disclosure of the information would cause harm to the ratepayers
1065 or the person’s or company’s business operations, and has not
1066 been disclosed unless disclosed pursuant to a statutory
1067 provision, an order of a court or administrative body, or a
1068 private agreement that provides that the information will not be
1069 released to the public. Proprietary business information
1070 includes, but is not limited to:
1071 (a) Trade secrets.
1072 (b) Internal auditing controls and reports of internal
1073 auditors.
1074 (b)(c) Security measures, systems, or procedures.
1075 (c)(d) Information concerning bids or other contractual
1076 data, the disclosure of which would impair the efforts of the
1077 utility or its affiliates to contract for goods or services on
1078 favorable terms.
1079 (d)(e) Information relating to competitive interests, the
1080 disclosure of which would impair the competitive businesses of
1081 the provider of the information.
1082 (e)(f) Employee personnel information unrelated to
1083 compensation, duties, qualifications, or responsibilities.
1084 Section 28. Subsection (3) of section 368.108, Florida
1085 Statutes, is amended to read:
1086 368.108 Confidentiality; discovery.—
1087 (3) “Proprietary confidential business information” means
1088 information, regardless of form or characteristics, which is
1089 owned or controlled by the person or company, is intended to be
1090 and is treated by the person or company as private in that the
1091 disclosure of the information would cause harm to the ratepayers
1092 or the person’s or company’s business operations, and has not
1093 been disclosed unless disclosed pursuant to a statutory
1094 provision, an order of a court or administrative body, or a
1095 private agreement that provides that the information will not be
1096 released to the public. “Proprietary confidential business
1097 information” includes, but is not limited to:
1098 (a) Trade secrets.
1099 (b) Internal auditing controls and reports of internal
1100 auditors.
1101 (b)(c) Security measures, systems, or procedures.
1102 (c)(d) Information concerning bids or other contractual
1103 data, the disclosure of which would impair the efforts of the
1104 natural gas transmission company or its affiliates to contract
1105 for goods or services on favorable terms.
1106 (d)(e) Information relating to competitive interests, the
1107 disclosure of which would impair the competitive business of the
1108 provider of the information.
1109 (e)(f) Employee personnel information unrelated to
1110 compensation, duties, qualifications, or responsibilities.
1111 Section 29. Section 381.83, Florida Statutes, is repealed.
1112 Section 30. Subsection (2) and paragraph (b) of subsection
1113 (3) of section 403.7046, Florida Statutes, are amended to read:
1114 403.7046 Regulation of recovered materials.—
1115 (2) Notwithstanding s. 688.01, information reported
1116 pursuant to this section or any rule adopted pursuant to this
1117 section which, if disclosed, would reveal a trade secret, as
1118 defined in s. 688.01, may be provided by the department s.
1119 812.081, is confidential and exempt from s. 119.07(1) and s.
1120 24(a), Art. I of the State Constitution. For reporting or
1121 information purposes, however, the department may provide this
1122 information in such form that the names of the persons reporting
1123 such information and the specific information reported are not
1124 revealed. This subsection is subject to the Open Government
1125 Sunset Review Act in accordance with s. 119.15 and shall stand
1126 repealed on October 2, 2021, unless reviewed and saved from
1127 repeal through reenactment by the Legislature.
1128 (3) Except as otherwise provided in this section or
1129 pursuant to a special act in effect on or before January 1,
1130 1993, a local government may not require a commercial
1131 establishment that generates source-separated recovered
1132 materials to sell or otherwise convey its recovered materials to
1133 the local government or to a facility designated by the local
1134 government, nor may the local government restrict such a
1135 generator’s right to sell or otherwise convey such recovered
1136 materials to any properly certified recovered materials dealer
1137 who has satisfied the requirements of this section. A local
1138 government may not enact any ordinance that prevents such a
1139 dealer from entering into a contract with a commercial
1140 establishment to purchase, collect, transport, process, or
1141 receive source-separated recovered materials.
1142 (b)1. Before engaging in business within the jurisdiction
1143 of the local government, a recovered materials dealer or
1144 pyrolysis facility must provide the local government with a copy
1145 of the certification provided for in this section. In addition,
1146 the local government may establish a registration process
1147 whereby a recovered materials dealer or pyrolysis facility must
1148 register with the local government before engaging in business
1149 within the jurisdiction of the local government. Such
1150 registration process is limited to requiring the dealer or
1151 pyrolysis facility to register its name, including the owner or
1152 operator of the dealer or pyrolysis facility, and, if the dealer
1153 or pyrolysis facility is a business entity, its general or
1154 limited partners, its corporate officers and directors, its
1155 permanent place of business, evidence of its certification under
1156 this section, and a certification that the recovered materials
1157 or post-use polymers will be processed at a recovered materials
1158 processing facility or pyrolysis facility satisfying the
1159 requirements of this section. The local government may not use
1160 the information provided in the registration application to
1161 compete unfairly with the recovered materials dealer until 90
1162 days after receipt of the application. All counties, and
1163 municipalities whose population exceeds 35,000 according to the
1164 population estimates determined pursuant to s. 186.901, may
1165 establish a reporting process that must be limited to the
1166 regulations, reporting format, and reporting frequency
1167 established by the department pursuant to this section, which
1168 must, at a minimum, include requiring the dealer or pyrolysis
1169 facility to identify the types and approximate amount of
1170 recovered materials or post-use polymers collected, recycled, or
1171 reused during the reporting period; the approximate percentage
1172 of recovered materials or post-use polymers reused, stored, or
1173 delivered to a recovered materials processing facility or
1174 pyrolysis facility or disposed of in a solid waste disposal
1175 facility; and the locations where any recovered materials or
1176 post-use polymers were disposed of as solid waste. The local
1177 government may charge the dealer or pyrolysis facility a
1178 registration fee commensurate with and no greater than the cost
1179 incurred by the local government in operating its registration
1180 program. Registration program costs are limited to those costs
1181 associated with the activities described in this paragraph
1182 subparagraph. Any reporting or registration process established
1183 by a local government with regard to recovered materials or
1184 post-use polymers is governed by this section and department
1185 rules adopted pursuant thereto.
1186 2. Information reported under this subsection which, if
1187 disclosed, would reveal a trade secret, as defined in s.
1188 812.081, is confidential and exempt from s. 119.07(1) and s.
1189 24(a), Art. I of the State Constitution. This subparagraph is
1190 subject to the Open Government Sunset Review Act in accordance
1191 with s. 119.15 and shall stand repealed on October 2, 2021,
1192 unless reviewed and saved from repeal through reenactment by the
1193 Legislature.
1194 Section 31. Section 403.73, Florida Statutes, is repealed.
1195 Section 32. Paragraph (c) of subsection (1) of section
1196 408.061, Florida Statutes, is amended to read:
1197 408.061 Data collection; uniform systems of financial
1198 reporting; information relating to physician charges;
1199 confidential information; immunity.—
1200 (1) The agency shall require the submission by health care
1201 facilities, health care providers, and health insurers of data
1202 necessary to carry out the agency’s duties and to facilitate
1203 transparency in health care pricing data and quality measures.
1204 Specifications for data to be collected under this section shall
1205 be developed by the agency and applicable contract vendors, with
1206 the assistance of technical advisory panels including
1207 representatives of affected entities, consumers, purchasers, and
1208 such other interested parties as may be determined by the
1209 agency.
1210 (c) Data to be submitted by health insurers may include,
1211 but are not limited to: claims, payments to health care
1212 facilities and health care providers as specified by rule,
1213 premium, administration, and financial information. Data
1214 submitted shall be certified by the chief financial officer, an
1215 appropriate and duly authorized representative, or an employee
1216 of the insurer that the information submitted is true and
1217 accurate. Information that is considered a trade secret under s.
1218 812.081 shall be clearly designated.
1219 Section 33. Present subsection (1) of section 408.185,
1220 Florida Statutes, is amended, and present subsections (2)
1221 through (5) of that section are renumbered as subsections (1)
1222 through (4), respectively, to read:
1223 408.185 Information submitted for review of antitrust
1224 issues; confidentiality.—The following information held by the
1225 Office of the Attorney General, which is submitted by a member
1226 of the health care community pursuant to a request for an
1227 antitrust no-action letter shall be confidential and exempt from
1228 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1229 Constitution for 1 year after the date of submission.
1230 (1) Documents that reveal trade secrets as defined in s.
1231 688.002.
1232 Section 34. Paragraph (a) of subsection (14) of section
1233 408.910, Florida Statutes, is amended to read:
1234 408.910 Florida Health Choices Program.—
1235 (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
1236 (a) Definitions.—For purposes of this subsection, the term:
1237 1. “Buyer’s representative” means a participating insurance
1238 agent as described in paragraph (4)(g).
1239 2. “Enrollee” means an employer who is eligible to enroll
1240 in the program pursuant to paragraph (4)(a).
1241 3. “Participant” means an individual who is eligible to
1242 participate in the program pursuant to paragraph (4)(b).
1243 4. “Proprietary confidential business information” means
1244 information, regardless of form or characteristics, that is
1245 owned or controlled by a vendor requesting confidentiality under
1246 this section; that is intended to be and is treated by the
1247 vendor as private in that the disclosure of the information
1248 would cause harm to the business operations of the vendor; that
1249 has not been disclosed unless disclosed pursuant to a statutory
1250 provision, an order of a court or administrative body, or a
1251 private agreement providing that the information may be released
1252 to the public; and that is information concerning:
1253 a. Business plans.
1254 b. Internal auditing controls and reports of internal
1255 auditors.
1256 c. Reports of external auditors for privately held
1257 companies.
1258 d. Client and customer lists.
1259 e. Potentially patentable material.
1260 f. A trade secret as defined in s. 688.002.
1261 5. “Vendor” means a participating insurer or other provider
1262 of services as described in paragraph (4)(d).
1263 Section 35. Section 409.91196, Florida Statutes, is amended
1264 to read:
1265 409.91196 Supplemental rebate agreements; public records
1266 and public meetings exemption.—
1267 (1) The rebate amount, percent of rebate, manufacturer’s
1268 pricing, and supplemental rebate, and other trade secrets as
1269 defined in s. 688.002 that the agency has identified for use in
1270 negotiations, held by the Agency for Health Care Administration
1271 under s. 409.912(5)(a)7. are confidential and exempt from s.
1272 119.07(1) and s. 24(a), Art. I of the State Constitution.
1273 (2) That portion of a meeting of the Medicaid
1274 Pharmaceutical and Therapeutics Committee at which the rebate
1275 amount, percent of rebate, manufacturer’s pricing, or
1276 supplemental rebate, or confidential and exempt other trade
1277 secrets as provided for in s. 688.01 defined in s. 688.002 that
1278 the agency has identified for use in negotiations, are discussed
1279 is exempt from s. 286.011 and s. 24(b), Art. I of the State
1280 Constitution. A record shall be made of each exempt portion of a
1281 meeting. Such record must include the times of commencement and
1282 termination, all discussions and proceedings, the names of all
1283 persons present at any time, and the names of all persons
1284 speaking. No exempt portion of a meeting may be held off the
1285 record.
1286 Section 36. Subsection (2) of section 440.108, Florida
1287 Statutes, is amended to read:
1288 440.108 Investigatory records relating to workers’
1289 compensation employer compliance; confidentiality.—
1290 (2) After an investigation is completed or ceases to be
1291 active, information in records relating to the investigation
1292 remains confidential and exempt from the provisions of s.
1293 119.07(1) and s. 24(a), Art. I of the State Constitution if
1294 disclosure of that information would:
1295 (a) Jeopardize the integrity of another active
1296 investigation;
1297 (b) Reveal a trade secret, as defined in s. 688.002;
1298 (c) Reveal business or personal financial information;
1299 (c)(d) Reveal personal identifying information regarding
1300 the identity of a confidential source;
1301 (d)(e) Defame or cause unwarranted damage to the good name
1302 or reputation of an individual or jeopardize the safety of an
1303 individual; or
1304 (e)(f) Reveal investigative techniques or procedures.
1305 Section 37. Paragraph (c) of subsection (1) of section
1306 494.00125, Florida Statutes, is amended to read:
1307 494.00125 Public records exemptions.—
1308 (1) INVESTIGATIONS OR EXAMINATIONS.—
1309 (c) Except as necessary for the office to enforce the
1310 provisions of this chapter, a consumer complaint and other
1311 information relative to an investigation or examination shall
1312 remain confidential and exempt from s. 119.07(1) after the
1313 investigation or examination is completed or ceases to be active
1314 to the extent disclosure would:
1315 1. Jeopardize the integrity of another active investigation
1316 or examination.
1317 2. Reveal the name, address, telephone number, social
1318 security number, or any other identifying number or information
1319 of any complainant, customer, or account holder.
1320 3. Disclose the identity of a confidential source.
1321 4. Disclose investigative techniques or procedures.
1322 5. Reveal a trade secret as defined in s. 688.002.
1323 Section 38. Subsection (4) of section 497.172, Florida
1324 Statutes, is amended to read:
1325 497.172 Public records exemptions; public meetings
1326 exemptions.—
1327 (4) TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
1328 held by the department or board, are confidential and exempt
1329 from s. 119.07(1) and s. 24(a), Art. I of the State
1330 Constitution.
1331 Section 39. Paragraph (c) of subsection (3) of section
1332 499.012, Florida Statutes, is amended to read:
1333 499.012 Permit application requirements.—
1334 (3)
1335 (c) Information submitted by an applicant on an application
1336 required pursuant to this subsection which is a trade secret, as
1337 defined in s. 812.081, shall be maintained by the department as
1338 trade secret information pursuant to s. 499.051(7).
1339 Section 40. Subsection (7) of section 499.0121, Florida
1340 Statutes, is amended to read:
1341 499.0121 Storage and handling of prescription drugs;
1342 recordkeeping.—The department shall adopt rules to implement
1343 this section as necessary to protect the public health, safety,
1344 and welfare. Such rules shall include, but not be limited to,
1345 requirements for the storage and handling of prescription drugs
1346 and for the establishment and maintenance of prescription drug
1347 distribution records.
1348 (7) PRESCRIPTION DRUG PURCHASE LIST.—
1349 (a) Each wholesale distributor, except for a manufacturer,
1350 shall annually provide the department with a written list of all
1351 wholesale distributors and manufacturers from whom the wholesale
1352 distributor purchases prescription drugs. A wholesale
1353 distributor, except a manufacturer, shall notify the department
1354 not later than 10 days after any change to either list.
1355 (b) Such portions of the information required pursuant to
1356 this subsection which are a trade secret, as defined in s.
1357 812.081, shall be maintained by the department as trade secret
1358 information is required to be maintained under s. 499.051. This
1359 paragraph is subject to the Open Government Sunset Review Act in
1360 accordance with s. 119.15 and shall stand repealed on October 2,
1361 2021, unless reviewed and saved from repeal through reenactment
1362 by the Legislature.
1363 Section 41. Paragraph (g) of subsection (1) of section
1364 499.05, Florida Statutes, is amended to read:
1365 499.05 Rules.—
1366 (1) The department shall adopt rules to implement and
1367 enforce this chapter with respect to:
1368 (g) Inspections and investigations conducted under s.
1369 499.051 or s. 499.93, and the identification of information
1370 claimed to be a trade secret and exempt from the public records
1371 law as provided in s. 499.051(7).
1372 Section 42. Subsection (7) of section 499.051, Florida
1373 Statutes, is amended to read:
1374 499.051 Inspections and investigations.—
1375 (7)(a) The complaint and all information obtained pursuant
1376 to the investigation by the department are confidential and
1377 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1378 Constitution until the investigation and the enforcement action
1379 are completed.
1380 (b) Information that constitutes a trade secret, as defined
1381 in s. 812.081, contained in the complaint or obtained by the
1382 department pursuant to the investigation must remain
1383 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1384 of the State Constitution as long as the information is held by
1385 the department. This paragraph is subject to the Open Government
1386 Sunset Review Act in accordance with s. 119.15 and shall stand
1387 repealed on October 2, 2021, unless reviewed and saved from
1388 repeal through reenactment by the Legislature.
1389 (c) This subsection does not prohibit the department from
1390 using such information for regulatory or enforcement proceedings
1391 under this chapter or from providing such information to any law
1392 enforcement agency or any other regulatory agency. However, the
1393 receiving agency shall keep such records confidential and exempt
1394 as provided in this subsection.
1395 Section 43. Section 499.931, Florida Statutes, is repealed.
1396 Section 44. Paragraph (d) of subsection (11) of section
1397 501.171, Florida Statutes, is amended to read:
1398 501.171 Security of confidential personal information.—
1399 (11) PUBLIC RECORDS EXEMPTION.—
1400 (d) For purposes of this subsection, the term “proprietary
1401 information” means information that:
1402 1. Is owned or controlled by the covered entity.
1403 2. Is intended to be private and is treated by the covered
1404 entity as private because disclosure would harm the covered
1405 entity or its business operations.
1406 3. Has not been disclosed except as required by law or a
1407 private agreement that provides that the information will not be
1408 released to the public.
1409 4. Is not publicly available or otherwise readily
1410 ascertainable through proper means from another source in the
1411 same configuration as received by the department.
1412 5. Includes:
1413 a. Trade secrets as defined in s. 688.002.
1414 b. competitive interests, the disclosure of which would
1415 impair the competitive business of the covered entity who is the
1416 subject of the information.
1417 Section 45. Section 502.222, Florida Statutes, is repealed.
1418 Section 46. Paragraph (b) of subsection (1) of section
1419 517.2015, Florida Statutes, is amended to read:
1420 517.2015 Confidentiality of information relating to
1421 investigations and examinations.—
1422 (1)
1423 (b) Except as necessary for the office to enforce the
1424 provisions of this chapter, a consumer complaint and other
1425 information relative to an investigation or examination shall
1426 remain confidential and exempt from s. 119.07(1) after the
1427 investigation or examination is completed or ceases to be active
1428 to the extent disclosure would:
1429 1. Jeopardize the integrity of another active investigation
1430 or examination.
1431 2. Reveal the name, address, telephone number, social
1432 security number, or any other identifying number or information
1433 of any complainant, customer, or account holder.
1434 3. Disclose the identity of a confidential source.
1435 4. Disclose investigative techniques or procedures.
1436 5. Reveal a trade secret as defined in s. 688.002.
1437 Section 47. Paragraph (b) of subsection (1) of section
1438 520.9965, Florida Statutes, is amended to read:
1439 520.9965 Confidentiality of information relating to
1440 investigations and examinations.—
1441 (1)
1442 (b) Except as necessary for the office to enforce the
1443 provisions of this chapter, a consumer complaint and other
1444 information relative to an investigation or examination shall
1445 remain confidential and exempt from s. 119.07(1) after the
1446 investigation or examination is completed or ceases to be active
1447 to the extent disclosure would:
1448 1. Jeopardize the integrity of another active investigation
1449 or examination.
1450 2. Reveal the name, address, telephone number, social
1451 security number, or any other identifying number or information
1452 of any complainant, customer, or account holder.
1453 3. Disclose the identity of a confidential source.
1454 4. Disclose investigative techniques or procedures.
1455 5. Reveal a trade secret as defined in s. 688.002.
1456 Section 48. Subsection (2) of section 526.311, Florida
1457 Statutes, is amended to read:
1458 526.311 Enforcement; civil penalties; injunctive relief.—
1459 (2) The Department of Agriculture and Consumer Services
1460 shall investigate any complaints regarding violations of this
1461 act and may request in writing the production of documents and
1462 records as part of its investigation of a complaint. If the
1463 person upon whom such request was made fails to produce the
1464 documents or records within 30 days after the date of the
1465 request, the department, through the department’s office of
1466 general counsel, may issue and serve a subpoena to compel the
1467 production of such documents and records. If any person shall
1468 refuse to comply with a subpoena issued under this section, the
1469 department may petition a court of competent jurisdiction to
1470 enforce the subpoena and assess such sanctions as the court may
1471 direct. Refiners shall afford the department reasonable access
1472 to the refiners’ posted terminal price. Any records, documents,
1473 papers, maps, books, tapes, photographs, files, sound
1474 recordings, or other business material, regardless of form or
1475 characteristics, obtained by the department are confidential and
1476 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
1477 of the State Constitution while the investigation is pending. At
1478 the conclusion of an investigation, any matter determined by the
1479 department or by a judicial or administrative body, federal or
1480 state, to be a trade secret or proprietary confidential business
1481 information held by the department pursuant to such
1482 investigation shall be considered confidential and exempt from
1483 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1484 Constitution. Such materials may be used in any administrative
1485 or judicial proceeding so long as the confidential or
1486 proprietary nature of the material is maintained.
1487 Section 49. Paragraph (e) of subsection (1) of section
1488 548.062, Florida Statutes, is amended to read:
1489 548.062 Public records exemption.—
1490 (1) As used in this section, the term “proprietary
1491 confidential business information” means information that:
1492 (e) Concerns any of the following:
1493 1. The number of ticket sales for a match;
1494 2. The amount of gross receipts after a match;
1495 3. A trade secret, as defined in s. 688.002;
1496 4. Business plans;
1497 4.5. Internal auditing controls and reports of internal
1498 auditors; or
1499 5.6. Reports of external auditors.
1500 Section 50. Paragraph (a) of subsection (1) of section
1501 556.113, Florida Statutes, is amended to read:
1502 556.113 Sunshine State One-Call of Florida, Inc.; public
1503 records exemption.—
1504 (1) As used in this section, the term “proprietary
1505 confidential business information” means information provided
1506 by:
1507 (a) A member operator which is a map, plan, facility
1508 location diagram, internal damage investigation report or
1509 analysis, or dispatch methodology, or trade secret as defined in
1510 s. 688.002, or which describes the exact location of a utility
1511 underground facility or the protection, repair, or restoration
1512 thereof, and:
1513 1. Is intended to be and is treated by the member operator
1514 as confidential;
1515 2. The disclosure of which would likely be used by a
1516 competitor to harm the business interests of the member operator
1517 or could be used for the purpose of inflicting damage on
1518 underground facilities; and
1519 3. Is not otherwise readily ascertainable or publicly
1520 available by proper means by other persons from another source
1521 in the same configuration as provided to Sunshine State One-Call
1522 of Florida, Inc.
1523 Section 51. Paragraph (b) of subsection (2) of section
1524 559.5558, Florida Statutes, is amended to read:
1525 559.5558 Public records exemption; investigations and
1526 examinations.—
1527 (2)
1528 (b) Information made confidential and exempt pursuant to
1529 this section is no longer confidential and exempt once the
1530 investigation or examination is completed or ceases to be active
1531 unless disclosure of the information would:
1532 1. Jeopardize the integrity of another active investigation
1533 or examination.
1534 2. Reveal the personal identifying information of a
1535 consumer, unless the consumer is also the complainant. A
1536 complainant’s personal identifying information is subject to
1537 disclosure after the investigation or examination is completed
1538 or ceases to be active. However, a complainant’s personal
1539 financial and health information remains confidential and
1540 exempt.
1541 3. Reveal the identity of a confidential source.
1542 4. Reveal investigative or examination techniques or
1543 procedures.
1544 5. Reveal trade secrets, as defined in s. 688.002.
1545 Section 52. Paragraph (c) of subsection (3) of section
1546 559.9285, Florida Statutes, is amended to read:
1547 559.9285 Certification of business activities.—
1548 (3) The department shall specify by rule the form of each
1549 certification under this section which shall include the
1550 following information:
1551 (c) The legal name, any trade names or fictitious names,
1552 mailing address, physical address, telephone number or numbers,
1553 facsimile number or numbers, and all Internet and electronic
1554 contact information of every other commercial entity with which
1555 the certifying party engages in business or commerce that is
1556 related in any way to the certifying party’s business or
1557 commerce with any terrorist state. The information disclosed
1558 pursuant to this paragraph does not constitute customer lists
1559 or, customer names, or trade secrets protected under s.
1560 570.544(8) or trade secrets protected under s. 688.01.
1561 Section 53. Subsection (2) of section 560.129, Florida
1562 Statutes, is amended to read:
1563 560.129 Confidentiality.—
1564 (2) All information obtained by the office in the course of
1565 its investigation or examination which is a trade secret, as
1566 defined in s. 688.002, or which is personal financial
1567 information shall remain confidential and exempt from s.
1568 119.07(1) and s. 24(a), Art. I of the State Constitution. If any
1569 administrative, civil, or criminal proceeding against a money
1570 services business, its authorized vendor, or an affiliated party
1571 is initiated and the office seeks to use matter that a licensee
1572 believes to be a trade secret or personal financial information,
1573 such records shall be subject to an in camera review by the
1574 administrative law judge, if the matter is before the Division
1575 of Administrative Hearings, or a judge of any court of this
1576 state, any other state, or the United States, as appropriate,
1577 for the purpose of determining if the matter is a trade secret
1578 or is personal financial information. If it is determined that
1579 the matter is a trade secret, the matter shall remain
1580 confidential. If it is determined that the matter is personal
1581 financial information, the matter shall remain confidential
1582 unless the administrative law judge or judge determines that, in
1583 the interests of justice, the matter should become public.
1584 Section 54. Subsection (3) of section 570.48, Florida
1585 Statutes, is amended to read:
1586 570.48 Division of Fruit and Vegetables; powers and duties;
1587 records.—The duties of the Division of Fruit and Vegetables
1588 include, but are not limited to:
1589 (3) Maintaining the records of the division. The records of
1590 the division are public records; however, trade secrets as
1591 defined in s. 812.081 are confidential and exempt from s.
1592 119.07(1) and s. 24(a), Art. I of the State Constitution. This
1593 subsection is subject to the Open Government Sunset Review Act
1594 in accordance with s. 119.15 and shall stand repealed on October
1595 2, 2021, unless reviewed and saved from repeal through
1596 reenactment by the Legislature. This Section 688.01 may not be
1597 construed to prohibit:
1598 (a) A disclosure necessary to enforcement procedures.
1599 (b) The department from releasing information to other
1600 governmental agencies. Other governmental agencies that receive
1601 confidential information from the department under this
1602 subsection shall maintain the confidentiality of that
1603 information.
1604 (c) the department or other agencies from compiling and
1605 publishing appropriate data regarding procedures, yield,
1606 recovery, quality, and related matters, provided such released
1607 data do not reveal by whom the activity to which the data relate
1608 was conducted.
1609 Section 55. Subsection (8) of section 570.544, Florida
1610 Statutes, is amended to read:
1611 570.544 Division of Consumer Services; director; powers;
1612 processing of complaints; records.—
1613 (8) The records of the Division of Consumer Services are
1614 public records. However, customer lists and, customer names, and
1615 trade secrets are confidential and exempt from the provisions of
1616 s. 119.07(1). Disclosure necessary to enforcement procedures
1617 does not violate this prohibition.
1618 Section 56. Present subsection (2) of section 573.123,
1619 Florida Statutes, is amended, and present subsections (3) and
1620 (4) of that subsection are renumbered as subsections (2) and
1621 (3), respectively, to read:
1622 573.123 Maintenance and production of records.—
1623 (2) Information that, if disclosed, would reveal a trade
1624 secret, as defined in s. 812.081, of any person subject to a
1625 marketing order is confidential and exempt from s. 119.07(1) and
1626 s. 24(a), Art. I of the State Constitution and may not be
1627 disclosed except to an attorney who provides legal advice to the
1628 division about enforcing a marketing order or by court order. A
1629 person who receives confidential information under this
1630 subsection shall maintain the confidentiality of that
1631 information. This subsection is subject to the Open Government
1632 Sunset Review Act in accordance with s. 119.15 and shall stand
1633 repealed on October 2, 2021, unless reviewed and saved from
1634 repeal through reenactment by the Legislature.
1635 Section 57. Section 581.199, Florida Statutes, is repealed.
1636 Section 58. Present paragraph (b) of subsection (8) of
1637 section 601.10, Florida Statutes, is amended, and present
1638 paragraph (c) of that subsection is redesignated as paragraph
1639 (b), to read:
1640 601.10 Powers of the Department of Citrus.—The department
1641 shall have and shall exercise such general and specific powers
1642 as are delegated to it by this chapter and other statutes of the
1643 state, which powers shall include, but are not limited to, the
1644 following:
1645 (8)
1646 (b) Any information provided to the department which
1647 constitutes a trade secret as defined in s. 812.081 is
1648 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1649 of the State Constitution. This paragraph is subject to the Open
1650 Government Sunset Review Act in accordance with s. 119.15 and
1651 shall stand repealed on October 2, 2021, unless reviewed and
1652 saved from repeal through reenactment by the Legislature.
1653 Section 59. Paragraph (d) of subsection (7) of section
1654 601.15, Florida Statutes, is amended to read:
1655 601.15 Advertising campaign; methods of conducting;
1656 assessments; emergency reserve fund; citrus research.—
1657 (7) All assessments levied and collected under this chapter
1658 shall be paid into the State Treasury on or before the 15th day
1659 of each month. Such moneys shall be accounted for in a special
1660 fund to be designated as the Florida Citrus Advertising Trust
1661 Fund, and all moneys in such fund are appropriated to the
1662 department for the following purposes:
1663 (d)1. The pro rata portion of moneys allocated to each type
1664 of citrus product in noncommodity programs shall be used by the
1665 department to encourage substantial increases in the
1666 effectiveness, frequency, and volume of noncommodity
1667 advertising, merchandising, publicity, and sales promotion of
1668 such citrus products through rebates and incentive payments to
1669 handlers and trade customers for these activities. The
1670 department shall adopt rules providing for the use of such
1671 moneys. The rules shall establish alternate incentive programs,
1672 including at least one incentive program for product sold under
1673 advertised brands, one incentive program for product sold under
1674 private label brands, and one incentive program for product sold
1675 in bulk. For each incentive program, the rules must establish
1676 eligibility and performance requirements and must provide
1677 appropriate limitations on amounts payable to a handler or trade
1678 customer for a particular season. Such limitations may relate to
1679 the amount of citrus assessments levied and collected on the
1680 citrus product handled by such handler or trade customer during
1681 a 12-month representative period.
1682 2. The department may require from participants in
1683 noncommodity advertising and promotional programs commercial
1684 information necessary to determine eligibility for and
1685 performance in such programs. Any information required which
1686 constitutes a trade secret as defined in s. 812.081 is
1687 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1688 of the State Constitution. This subparagraph is subject to the
1689 Open Government Sunset Review Act in accordance with s. 119.15
1690 and shall stand repealed on October 2, 2021, unless reviewed and
1691 saved from repeal through reenactment by the Legislature.
1692 Section 60. Paragraph (c) of subsection (8) of section
1693 601.152, Florida Statutes, is amended to read:
1694 601.152 Special marketing orders.—
1695 (8)
1696 (c)1. Every handler shall, at such times as the department
1697 may require, file with the department a return, not under oath,
1698 on forms to be prescribed and furnished by the department,
1699 certified as true and correct, stating the quantity of the type,
1700 variety, and form of citrus fruit or citrus product specified in
1701 the marketing order first handled in the primary channels of
1702 trade in the state by such handler during the period of time
1703 specified in the marketing order. Such returns must contain any
1704 further information deemed by the department to be reasonably
1705 necessary to properly administer or enforce this section or any
1706 marketing order implemented under this section.
1707 2. Information that, if disclosed, would reveal a trade
1708 secret, as defined in s. 812.081, of any person subject to a
1709 marketing order is confidential and exempt from s. 119.07(1) and
1710 s. 24(a), Art. I of the State Constitution. This subparagraph is
1711 subject to the Open Government Sunset Review Act in accordance
1712 with s. 119.15 and shall stand repealed on October 2, 2021,
1713 unless reviewed and saved from repeal through reenactment by the
1714 Legislature.
1715 Section 61. Section 601.76, Florida Statutes, is amended to
1716 read:
1717 601.76 Manufacturer to furnish formula and other
1718 information.—Any formula required to be filed with the
1719 Department of Agriculture shall be deemed a trade secret as
1720 defined in s. 812.081, is confidential and exempt from s.
1721 119.07(1) and s. 24(a), Art. I of the State Constitution, and
1722 may be divulged only to the Department of Agriculture or to its
1723 duly authorized representatives or upon court order when
1724 necessary in the enforcement of this law. A person who receives
1725 such a formula from the Department of Agriculture under this
1726 section shall maintain the confidentiality of the formula. This
1727 section is subject to the Open Government Sunset Review Act in
1728 accordance with s. 119.15 and shall stand repealed on October 2,
1729 2021, unless reviewed and saved from repeal through reenactment
1730 by the Legislature.
1731 Section 62. Subsection (6) of section 607.0505, Florida
1732 Statutes, is amended to read:
1733 607.0505 Registered agent; duties.—
1734 (6) Information provided to, and records and transcriptions
1735 of testimony obtained by, the Department of Legal Affairs
1736 pursuant to this section are confidential and exempt from the
1737 provisions of s. 119.07(1) while the investigation is active.
1738 For purposes of this section, an investigation shall be
1739 considered “active” while such investigation is being conducted
1740 with a reasonable, good faith belief that it may lead to the
1741 filing of an administrative, civil, or criminal proceeding. An
1742 investigation does not cease to be active so long as the
1743 department is proceeding with reasonable dispatch and there is a
1744 good faith belief that action may be initiated by the department
1745 or other administrative or law enforcement agency. Except for
1746 active criminal intelligence or criminal investigative
1747 information, as defined in s. 119.011, and information which, if
1748 disclosed, would reveal a trade secret, as defined in s.
1749 688.002, or would jeopardize the safety of an individual, all
1750 information, records, and transcriptions become public record
1751 when the investigation is completed or ceases to be active. The
1752 department shall not disclose confidential information, records,
1753 or transcriptions of testimony except pursuant to the
1754 authorization by the Attorney General in any of the following
1755 circumstances:
1756 (a) To a law enforcement agency participating in or
1757 conducting a civil investigation under chapter 895, or
1758 participating in or conducting a criminal investigation.
1759 (b) In the course of filing, participating in, or
1760 conducting a judicial proceeding instituted pursuant to this
1761 section or chapter 895.
1762 (c) In the course of filing, participating in, or
1763 conducting a judicial proceeding to enforce an order or judgment
1764 entered pursuant to this section or chapter 895.
1765 (d) In the course of a criminal or civil proceeding.
1766
1767 A person or law enforcement agency which receives any
1768 information, record, or transcription of testimony that has been
1769 made confidential by this subsection shall maintain the
1770 confidentiality of such material and shall not disclose such
1771 information, record, or transcription of testimony except as
1772 provided for herein. Any person who willfully discloses any
1773 information, record, or transcription of testimony that has been
1774 made confidential by this subsection, except as provided for
1775 herein, is guilty of a misdemeanor of the first degree,
1776 punishable as provided in s. 775.082 or s. 775.083. If any
1777 information, record, or testimony obtained pursuant to
1778 subsection (2) is offered in evidence in any judicial
1779 proceeding, the court may, in its discretion, seal that portion
1780 of the record to further the policies of confidentiality set
1781 forth herein.
1782 Section 63. Subsection (6) of section 617.0503, Florida
1783 Statutes, is amended to read:
1784 617.0503 Registered agent; duties; confidentiality of
1785 investigation records.—
1786 (6) Information provided to, and records and transcriptions
1787 of testimony obtained by, the Department of Legal Affairs
1788 pursuant to this section are confidential and exempt from the
1789 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1790 Constitution while the investigation is active. For purposes of
1791 this section, an investigation shall be considered “active”
1792 while such investigation is being conducted with a reasonable,
1793 good faith belief that it may lead to the filing of an
1794 administrative, civil, or criminal proceeding. An investigation
1795 does not cease to be active so long as the department is
1796 proceeding with reasonable dispatch and there is a good faith
1797 belief that action may be initiated by the department or other
1798 administrative or law enforcement agency. Except for active
1799 criminal intelligence or criminal investigative information, as
1800 defined in s. 119.011, and information which, if disclosed,
1801 would reveal a trade secret, as defined in s. 688.002, or would
1802 jeopardize the safety of an individual, all information,
1803 records, and transcriptions become available to the public when
1804 the investigation is completed or ceases to be active. The
1805 department shall not disclose confidential information, records,
1806 or transcriptions of testimony except pursuant to authorization
1807 by the Attorney General in any of the following circumstances:
1808 (a) To a law enforcement agency participating in or
1809 conducting a civil investigation under chapter 895, or
1810 participating in or conducting a criminal investigation.
1811 (b) In the course of filing, participating in, or
1812 conducting a judicial proceeding instituted pursuant to this
1813 section or chapter 895.
1814 (c) In the course of filing, participating in, or
1815 conducting a judicial proceeding to enforce an order or judgment
1816 entered pursuant to this section or chapter 895.
1817 (d) In the course of a criminal proceeding.
1818
1819 A person or law enforcement agency that receives any
1820 information, record, or transcription of testimony that has been
1821 made confidential by this subsection shall maintain the
1822 confidentiality of such material and shall not disclose such
1823 information, record, or transcription of testimony except as
1824 provided for herein. Any person who willfully discloses any
1825 information, record, or transcription of testimony that has been
1826 made confidential by this subsection, except as provided for in
1827 this subsection, commits a misdemeanor of the first degree,
1828 punishable as provided in s. 775.082 or s. 775.083. If any
1829 information, record, or testimony obtained pursuant to
1830 subsection (2) is offered in evidence in any judicial
1831 proceeding, the court may, in its discretion, seal that portion
1832 of the record to further the policies of confidentiality set
1833 forth in this subsection.
1834 Section 64. Paragraph (c) of subsection (1) and subsection
1835 (5) of section 624.4212, Florida Statutes, are amended to read:
1836 624.4212 Confidentiality of proprietary business and other
1837 information.—
1838 (1) As used in this section, the term “proprietary business
1839 information” means information, regardless of form or
1840 characteristics, which is owned or controlled by an insurer, or
1841 a person or an affiliated person who seeks acquisition of
1842 controlling stock in a domestic stock insurer or controlling
1843 company, and which:
1844 (c) Includes:
1845 1. Trade secrets as defined in s. 688.002 which comply with
1846 s. 624.4213.
1847 2. Information relating to competitive interests, the
1848 disclosure of which would impair the competitive business of the
1849 provider of the information.
1850 2.3. The source, nature, and amount of the consideration
1851 used or to be used in carrying out a merger or other acquisition
1852 of control in the ordinary course of business, including the
1853 identity of the lender, if the person filing a statement
1854 regarding consideration so requests.
1855 3.4. Information relating to bids or other contractual
1856 data, the disclosure of which would impair the efforts of the
1857 insurer or its affiliates to contract for goods or services on
1858 favorable terms.
1859 4.5. Internal auditing controls and reports of internal
1860 auditors.
1861 (5) The office may disclose information made confidential
1862 and exempt under this section or s. 688.01:
1863 (a) If the insurer to which it pertains gives prior written
1864 consent;
1865 (b) Pursuant to a court order;
1866 (c) To the Actuarial Board for Counseling and Discipline
1867 upon a request stating that the information is for the purpose
1868 of professional disciplinary proceedings and specifying
1869 procedures satisfactory to the office for preserving the
1870 confidentiality of the information;
1871 (d) To other states, federal and international agencies,
1872 the National Association of Insurance Commissioners and its
1873 affiliates and subsidiaries, and state, federal, and
1874 international law enforcement authorities, including members of
1875 a supervisory college described in s. 628.805 if the recipient
1876 agrees in writing to maintain the confidential and exempt status
1877 of the document, material, or other information and has
1878 certified in writing its legal authority to maintain such
1879 confidentiality; or
1880 (e) For the purpose of aggregating information on an
1881 industrywide basis and disclosing the information to the public
1882 only if the specific identities of the insurers, or persons or
1883 affiliated persons, are not revealed.
1884 Section 65. Section 624.4213, Florida Statutes, is
1885 repealed.
1886 Section 66. Paragraph (d) of subsection (1) of section
1887 626.84195, Florida Statutes, is amended to read:
1888 626.84195 Confidentiality of information supplied by title
1889 insurance agencies and insurers.—
1890 (1) As used in this section, the term “proprietary business
1891 information” means information that:
1892 (d) Concerns:
1893 1. Business plans;
1894 2. Internal auditing controls and reports of internal
1895 auditors;
1896 3. Reports of external auditors for privately held
1897 companies;
1898 4. Trade secrets, as defined in s. 688.002; or
1899 5. Financial information, including revenue data, loss
1900 expense data, gross receipts, taxes paid, capital investment,
1901 and employee wages.
1902 Section 67. Subsection (2) of section 626.884, Florida
1903 Statutes, is amended to read:
1904 626.884 Maintenance of records by administrator; access;
1905 confidentiality.—
1906 (2) The office shall have access to books and records
1907 maintained by the administrator for the purpose of examination,
1908 audit, and inspection. Information contained in such books and
1909 records is confidential and exempt from the provisions of s.
1910 119.07(1) if the disclosure of such information would reveal a
1911 trade secret as defined in s. 688.002. However, The office may
1912 use such information in any proceeding instituted against the
1913 administrator.
1914 Section 68. Subsection (1) of section 626.9936, Florida
1915 Statutes, is amended to read:
1916 626.9936 Access to records.—
1917 (1) Notwithstanding subsections (1) and (2) of Article
1918 VIII, subsection (2) of Article X, and subsection (6) of Article
1919 XII of the Interstate Insurance Product Regulation Compact, a
1920 request by a resident of this state for public inspection and
1921 copying of information, data, or official records that includes:
1922 (a) An insurer’s trade secrets shall be referred to the
1923 commissioner who shall respond to the request, with the
1924 cooperation and assistance of the commission, in accordance with
1925 s. 688.01 s. 624.4213; or
1926 (b) Matters of privacy of individuals shall be referred to
1927 the commissioner who shall respond to the request, with the
1928 cooperation and assistance of the commission, in accordance with
1929 s. 119.07(1).
1930 Section 69. Paragraph (g) of subsection (3) of section
1931 627.0628, Florida Statutes, is amended to read:
1932 627.0628 Florida Commission on Hurricane Loss Projection
1933 Methodology; public records exemption; public meetings
1934 exemption.—
1935 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
1936 (g)1. A trade secret, as defined in s. 688.002, which is
1937 used in designing and constructing a hurricane or flood loss
1938 model and which is provided pursuant to this section, by a
1939 private company, to the commission, office, or consumer advocate
1940 appointed pursuant to s. 627.0613 is confidential and exempt
1941 from s. 119.07(1) and s. 24(a), Art. I of the State
1942 Constitution.
1943 2.a. That portion of a meeting of the commission or of a
1944 rate proceeding on an insurer’s rate filing at which a trade
1945 secret made confidential and exempt pursuant to s. 688.01 by
1946 this paragraph is discussed is exempt from s. 286.011 and s.
1947 24(b), Art. I of the State Constitution. The closed meeting must
1948 be recorded, and no portion of the closed meeting may be off the
1949 record.
1950 2.b. The recording of a closed portion of a meeting is
1951 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1952 Constitution.
1953 c. This paragraph is subject to the Open Government Sunset
1954 Review Act in accordance with s. 119.15 and shall stand repealed
1955 on October 2, 2019, unless reviewed and saved from repeal
1956 through reenactment by the Legislature.
1957 Section 70. Paragraphs (a) and (c) of subsection (11) of
1958 section 627.3518, Florida Statutes, are amended to read:
1959 627.3518 Citizens Property Insurance Corporation
1960 policyholder eligibility clearinghouse program.—The purpose of
1961 this section is to provide a framework for the corporation to
1962 implement a clearinghouse program by January 1, 2014.
1963 (11) Proprietary business information provided to the
1964 corporation’s clearinghouse by insurers with respect to
1965 identifying and selecting risks for an offer of coverage is
1966 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1967 of the State Constitution.
1968 (a) As used in this subsection, the term “proprietary
1969 business information” means information, regardless of form or
1970 characteristics, which is owned or controlled by an insurer and:
1971 1. Is identified by the insurer as proprietary business
1972 information and is intended to be and is treated by the insurer
1973 as private in that the disclosure of the information would cause
1974 harm to the insurer, an individual, or the company’s business
1975 operations and has not been disclosed unless disclosed pursuant
1976 to a statutory requirement, an order of a court or
1977 administrative body, or a private agreement that provides that
1978 the information will not be released to the public;
1979 2. Is not otherwise readily ascertainable or publicly
1980 available by proper means by other persons from another source
1981 in the same configuration as provided to the clearinghouse; and
1982 3. Includes:
1983 a. Trade secrets, as defined in s. 688.002.
1984 b. information relating to competitive interests, the
1985 disclosure of which would impair the competitive business of the
1986 provider of the information.
1987
1988 Proprietary business information may be found in underwriting
1989 criteria or instructions which are used to identify and select
1990 risks through the program for an offer of coverage and are
1991 shared with the clearinghouse to facilitate the shopping of
1992 risks with the insurer.
1993 Section 71. Present subsections (4), (5), (14), and (15) of
1994 section 655.057, Florida Statutes, are amended, present
1995 subsections (6) through (13) of that section are renumbered as
1996 subsections (5) through (12), respectively, and a new subsection
1997 (13) is added to that section, to read:
1998 655.057 Records; limited restrictions upon public access.—
1999 (4) Except as otherwise provided in this section and except
2000 for those portions that are otherwise public record, trade
2001 secrets as defined in s. 688.002 which comply with s. 655.0591
2002 and which are held by the office in accordance with its
2003 statutory duties with respect to the financial institutions
2004 codes are confidential and exempt from s. 119.07(1) and s.
2005 24(a), Art. I of the State Constitution.
2006 (5) Neither this section nor s. 688.01 prevents does not
2007 prevent or restricts restrict:
2008 (a) Publishing reports that are required to be submitted to
2009 the office pursuant to s. 655.045(2) or required by applicable
2010 federal statutes or regulations to be published.
2011 (b) Furnishing records or information to any other state,
2012 federal, or foreign agency responsible for the regulation or
2013 supervision of financial institutions.
2014 (c) Disclosing or publishing summaries of the condition of
2015 financial institutions and general economic and similar
2016 statistics and data, provided that the identity of a particular
2017 financial institution is not disclosed.
2018 (d) Reporting any suspected criminal activity, with
2019 supporting documents and information, to appropriate law
2020 enforcement and prosecutorial agencies.
2021 (e) Furnishing information upon request to the Chief
2022 Financial Officer or the Division of Treasury of the Department
2023 of Financial Services regarding the financial condition of any
2024 financial institution that is, or has applied to be, designated
2025 as a qualified public depository pursuant to chapter 280.
2026 (f) Furnishing information to Federal Home Loan Banks
2027 regarding its member institutions pursuant to an information
2028 sharing agreement between the Federal Home Loan Banks and the
2029 office.
2030
2031 Any confidential information or records obtained from the office
2032 pursuant to this subsection shall be maintained as confidential
2033 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2034 Constitution.
2035 (13) This section is (14) Subsections (3) and (4) are
2036 subject to the Open Government Sunset Review Act in accordance
2037 with s. 119.15 and are repealed on October 2, 2019, unless
2038 reviewed and saved from repeal through reenactment by the
2039 Legislature.
2040 (15) Subsections (1), (2), (5), and (9) are subject to the
2041 Open Government Sunset Review Act in accordance with s. 119.15
2042 and is are repealed on October 2, 2022, unless reviewed and
2043 saved from repeal through reenactment by the Legislature.
2044 Section 72. Section 655.0591, Florida Statutes, is
2045 repealed.
2046 Section 73. Subsection (11) of section 663.533, Florida
2047 Statutes, is amended to read:
2048 663.533 Applicability of the financial institutions codes.
2049 A qualified limited service affiliate is subject to the
2050 financial institutions codes. Without limiting the foregoing,
2051 the following provisions are applicable to a qualified limited
2052 service affiliate:
2053 (11) Section 688.01 655.0591, relating to trade secret
2054 documents.
2055
2056 This section does not prohibit the office from investigating or
2057 examining an entity to ensure that it is not in violation of
2058 this chapter or applicable provisions of the financial
2059 institutions codes.
2060 Section 74. Section 721.071, Florida Statutes, is repealed.
2061 Section 75. Subsection (3) and present subsection (4) of
2062 section 815.04, Florida Statutes, are amended, and present
2063 subsection (5) of that section is renumbered as subsection (4),
2064 to read:
2065 815.04 Offenses against intellectual property; public
2066 records exemption.—
2067 (3) Data, programs, or supporting documentation that is a
2068 trade secret as defined in s. 812.081, that is held by an agency
2069 as defined in chapter 119, and that resides or exists internal
2070 or external to a computer, computer system, computer network, or
2071 electronic device is confidential and exempt from the provisions
2072 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2073 This subsection is subject to the Open Government Sunset Review
2074 Act in accordance with s. 119.15 and shall stand repealed on
2075 October 2, 2021, unless reviewed and saved from repeal through
2076 reenactment by the Legislature.
2077 (4) A person who willfully, knowingly, and without
2078 authorization discloses or takes data, programs, or supporting
2079 documentation that is a trade secret as defined in s. 812.081 or
2080 is confidential as provided by law residing or existing internal
2081 or external to a computer, computer system, computer network, or
2082 electronic device commits an offense against intellectual
2083 property.
2084 Section 76. Section 815.045, Florida Statutes, is repealed.
2085 Section 77. Paragraph (b) of subsection (8) of section
2086 1004.43, Florida Statutes, is amended to read:
2087 1004.43 H. Lee Moffitt Cancer Center and Research
2088 Institute.—There is established the H. Lee Moffitt Cancer Center
2089 and Research Institute, a statewide resource for basic and
2090 clinical research and multidisciplinary approaches to patient
2091 care.
2092 (8)
2093 (b) Proprietary confidential business information is
2094 confidential and exempt from the provisions of s. 119.07(1) and
2095 s. 24(a), Art. I of the State Constitution. However, the Auditor
2096 General, the Office of Program Policy Analysis and Government
2097 Accountability, and the Board of Governors, pursuant to their
2098 oversight and auditing functions, must be given access to all
2099 proprietary confidential business information upon request and
2100 without subpoena and must maintain the confidentiality of
2101 information so received. As used in this paragraph, the term
2102 “proprietary confidential business information” means
2103 information, regardless of its form or characteristics, which is
2104 owned or controlled by the not-for-profit corporation or its
2105 subsidiaries; is intended to be and is treated by the not-for
2106 profit corporation or its subsidiaries as private and the
2107 disclosure of which would harm the business operations of the
2108 not-for-profit corporation or its subsidiaries; has not been
2109 intentionally disclosed by the corporation or its subsidiaries
2110 unless pursuant to law, an order of a court or administrative
2111 body, a legislative proceeding pursuant to s. 5, Art. III of the
2112 State Constitution, or a private agreement that provides that
2113 the information may be released to the public; and which is
2114 information concerning:
2115 1. Internal auditing controls and reports of internal
2116 auditors;
2117 2. Matters reasonably encompassed in privileged attorney
2118 client communications;
2119 3. Contracts for managed-care arrangements, including
2120 preferred provider organization contracts, health maintenance
2121 organization contracts, and exclusive provider organization
2122 contracts, and any documents directly relating to the
2123 negotiation, performance, and implementation of any such
2124 contracts for managed-care arrangements;
2125 4. Bids or other contractual data, banking records, and
2126 credit agreements the disclosure of which would impair the
2127 efforts of the not-for-profit corporation or its subsidiaries to
2128 contract for goods or services on favorable terms;
2129 5. Information relating to private contractual data, the
2130 disclosure of which would impair the competitive interest of the
2131 provider of the information;
2132 6. Corporate officer and employee personnel information;
2133 7. Information relating to the proceedings and records of
2134 credentialing panels and committees and of the governing board
2135 of the not-for-profit corporation or its subsidiaries relating
2136 to credentialing;
2137 8. Minutes of meetings of the governing board of the not
2138 for-profit corporation and its subsidiaries, except minutes of
2139 meetings open to the public pursuant to subsection (9);
2140 9. Information that reveals plans for marketing services
2141 that the corporation or its subsidiaries reasonably expect to be
2142 provided by competitors;
2143 10. Trade secrets as defined in s. 688.01 s. 688.002,
2144 including:
2145 a. Information relating to methods of manufacture or
2146 production, potential trade secrets, potentially patentable
2147 materials, or proprietary information received, generated,
2148 ascertained, or discovered during the course of research
2149 conducted by the not-for-profit corporation or its subsidiaries;
2150 and
2151 b. Reimbursement methodologies or rates;
2152 11. The identity of donors or prospective donors of
2153 property who wish to remain anonymous or any information
2154 identifying such donors or prospective donors. The anonymity of
2155 these donors or prospective donors must be maintained in the
2156 auditor’s report; or
2157 12. Any information received by the not-for-profit
2158 corporation or its subsidiaries from an agency in this or
2159 another state or nation or the Federal Government which is
2160 otherwise exempt or confidential pursuant to the laws of this or
2161 another state or nation or pursuant to federal law.
2162
2163 As used in this paragraph, the term “managed care” means systems
2164 or techniques generally used by third-party payors or their
2165 agents to affect access to and control payment for health care
2166 services. Managed-care techniques most often include one or more
2167 of the following: prior, concurrent, and retrospective review of
2168 the medical necessity and appropriateness of services or site of
2169 services; contracts with selected health care providers;
2170 financial incentives or disincentives related to the use of
2171 specific providers, services, or service sites; controlled
2172 access to and coordination of services by a case manager; and
2173 payor efforts to identify treatment alternatives and modify
2174 benefit restrictions for high-cost patient care.
2175 Section 78. Subsection (2) of section 1004.78, Florida
2176 Statutes, is amended to read:
2177 1004.78 Technology transfer centers at Florida College
2178 System institutions.—
2179 (2) The Florida College System institution board of
2180 trustees shall set such policies to regulate the activities of
2181 the technology transfer center as it may consider necessary to
2182 effectuate the purposes of this section and to administer the
2183 programs of the center in a manner which assures efficiency and
2184 effectiveness, producing the maximum benefit for the educational
2185 programs and maximum service to the state. To this end,
2186 materials that relate to methods of manufacture or production,
2187 potential trade secrets, potentially patentable material, actual
2188 trade secrets as defined in s. 688.01, business transactions, or
2189 proprietary information received, generated, ascertained, or
2190 discovered during the course of activities conducted within the
2191 Florida College System institutions shall be confidential and
2192 exempt from the provisions of s. 119.07(1), except that a
2193 Florida College System institution shall make available upon
2194 request the title and description of a project, the name of the
2195 investigator, and the amount and source of funding provided for
2196 such project.
2197 Section 79. Section 601.80, Florida Statutes, is amended to
2198 read:
2199 601.80 Unlawful to use uncertified coloring matter.—It is
2200 unlawful for any person to use on oranges or citrus hybrids any
2201 coloring matter which has not first received the approval of the
2202 Department of Agriculture as provided under s. 601.76.
2203 Section 80. Present subsection (11) of section 663.533,
2204 Florida Statutes, is amended, and present subsections (12) and
2205 (13) of that section are renumbered as subsections (11) and
2206 (12), respectively, to read:
2207 663.533 Applicability of the financial institutions codes.
2208 A qualified limited service affiliate is subject to the
2209 financial institutions codes. Without limiting the foregoing,
2210 the following provisions are applicable to a qualified limited
2211 service affiliate:
2212 (11) Section 655.0591, relating to trade secret documents.
2213
2214 This section does not prohibit the office from investigating or
2215 examining an entity to ensure that it is not in violation of
2216 this chapter or applicable provisions of the financial
2217 institutions codes.
2218 Section 81. Paragraph (c) of subsection (12) of section
2219 721.13, Florida Statutes, is amended to read:
2220 721.13 Management.—
2221 (12)
2222 (c) The managing entity shall maintain copies of all
2223 records, data, and information supporting the processes,
2224 analyses, procedures, and methods utilized by the managing
2225 entity in its determination to reserve accommodations of the
2226 timeshare plan pursuant to this subsection for a period of 5
2227 years from the date of such determination. In the event of an
2228 investigation by the division for failure of a managing entity
2229 to comply with this subsection, the managing entity shall make
2230 all such records, data, and information available to the
2231 division for inspection, provided that if the managing entity
2232 complies with the provisions of s. 721.071, any such records,
2233 data, and information provided to the division shall constitute
2234 a trade secret pursuant to that section.
2235 Section 82. Paragraphs (a) and (c) of subsection (3) of
2236 section 921.0022, Florida Statutes, are amended to read:
2237 921.0022 Criminal Punishment Code; offense severity ranking
2238 chart.—
2239 (3) OFFENSE SEVERITY RANKING CHART
2240 (a) LEVEL 1
2241
2242 FloridaStatute FelonyDegree Description
2243 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
2244 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
2245 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000.
2246 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
2247 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
2248 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
2249 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
2250 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
2251 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
2252 322.212(5)(a) 3rd False application for driver license or identification card.
2253 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
2254 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
2255 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
2256 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
2257 562.27(1) 3rd Possess still or still apparatus.
2258 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50.
2259 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
2260 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
2261 815.04(4)(a)815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
2262 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
2263 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
2264 826.01 3rd Bigamy.
2265 828.122(3) 3rd Fighting or baiting animals.
2266 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
2267 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
2268 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
2269 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
2270 838.15(2) 3rd Commercial bribe receiving.
2271 838.16 3rd Commercial bribery.
2272 843.18 3rd Fleeing by boat to elude a law enforcement officer.
2273 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
2274 849.01 3rd Keeping gambling house.
2275 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
2276 849.23 3rd Gambling-related machines; “common offender” as to property rights.
2277 849.25(2) 3rd Engaging in bookmaking.
2278 860.08 3rd Interfere with a railroad signal.
2279 860.13(1)(a) 3rd Operate aircraft while under the influence.
2280 893.13(2)(a)2. 3rd Purchase of cannabis.
2281 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
2282 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
2283
2284 (c) LEVEL 3
2285
2286 FloridaStatute FelonyDegree Description
2287 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
2288 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
2289 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
2290 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
2291 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
2292 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
2293 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
2294 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
2295 327.35(2)(b) 3rd Felony BUI.
2296 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
2297 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
2298 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
2299 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
2300 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
2301 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
2302 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
2303 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
2304 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
2305 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
2306 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
2307 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
2308 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
2309 697.08 3rd Equity skimming.
2310 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
2311 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
2312 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
2313 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
2314 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
2315 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
2316 815.04(4)(b)815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
2317 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
2318 817.233 3rd Burning to defraud insurer.
2319 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
2320 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
2321 817.236 3rd Filing a false motor vehicle insurance application.
2322 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
2323 817.413(2) 3rd Sale of used goods as new.
2324 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
2325 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
2326 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
2327 843.19 3rd Injure, disable, or kill police dog or horse.
2328 860.15(3) 3rd Overcharging for repairs and parts.
2329 870.01(2) 3rd Riot; inciting or encouraging.
2330 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
2331 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
2332 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
2333 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
2334 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
2335 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
2336 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
2337 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
2338 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
2339 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
2340 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
2341 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
2342 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
2343 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
2344 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
2345 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
2346 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
2347
2348 Section 83. This act shall take effect upon becoming a law
2349 if SB 1414 or similar legislation is adopted in the same
2350 legislative session or an extension thereof and becomes a law.
