Florida Senate - 2013                                    SB 1776
       By Senator Clemens
       27-02218-13                                           20131776__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 377.45,
    3         F.S.; providing an exemption from public records
    4         requirements for trade secrets contained within
    5         information relating to hydraulic fracturing
    6         treatments obtained by the Division of Resource
    7         Management of the Department of Environmental
    8         Protection in connection with the division’s online
    9         hydraulic fracturing chemical registry; providing
   10         procedures and requirements with respect to the
   11         granting of confidential and exempt status; providing
   12         for disclosure under specified circumstances;
   13         providing for future legislative review and repeal of
   14         the exemption under the Open Government Sunset Review
   15         Act; providing a statement of public necessity;
   16         providing a contingent effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (4) of section 377.45, Florida
   21  Statutes, as created by SB 1028, 2013 Regular Session, is
   22  renumbered as subsection (5), and a new subsection (4) is added
   23  to that section, to read:
   24         377.45 Hydraulic fracturing chemical registry.
   25         (4)(a) Information obtained from any person under this
   26  section, except as otherwise provided by law, shall be available
   27  to the public, except upon a showing satisfactory to the
   28  division by the person from whom the information is obtained
   29  that such information, or a particular part thereof, contains
   30  trade secrets as defined in s. 812.081(1)(c).
   31         (b)1. Trade secrets, as defined in s. 812.081(1)(c),
   32  contained within information relating to hydraulic fracturing
   33  treatments obtained by the division in connection with the
   34  online hydraulic fracturing chemical registry are confidential
   35  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   36  Constitution.
   37         2. The person submitting such trade secret information to
   38  the division must request that it be kept confidential and
   39  exempt and must inform the division of the basis for the claim
   40  of trade secret. The department shall, subject to notice and
   41  opportunity for hearing, determine whether the information, or
   42  any portion thereof, claimed to be a trade secret is or is not a
   43  trade secret.
   44         3. Such trade secrets may be disclosed to authorized
   45  representatives of the division or, pursuant to request, to
   46  other governmental entities in order for them to properly
   47  perform their duties, or when relevant in any proceeding under
   48  this part. Authorized representatives and other governmental
   49  entities receiving such trade secret information shall maintain
   50  the confidentiality of such information. Those involved in any
   51  proceeding under this section, including an administrative law
   52  judge, a hearing officer, or a judge or justice, shall maintain
   53  the confidentiality of any trade secret information revealed at
   54  such proceeding.
   55         4. This paragraph is subject to the Open Government Sunset
   56  Review Act in accordance with s. 119.15 and shall stand repealed
   57  on October 2, 2018, unless reviewed and saved from repeal
   58  through reenactment by the Legislature.
   59         Section 2. The Legislature finds that it is a public
   60  necessity that trade secrets contained within information
   61  relating to hydraulic fracturing treatments obtained by the
   62  Division of Resource Management of the Department of
   63  Environmental Protection in connection with the division’s
   64  online hydraulic fracturing chemical registry be made
   65  confidential and exempt from public records requirements. Trade
   66  secrets must be held confidential and exempt from public records
   67  requirements because the disclosure of such information would
   68  create an unfair competitive advantage for persons receiving
   69  such information, which would adversely impact the service
   70  company, chemical supplier, or well owner or operator that
   71  provides chemical ingredients for a well or wells on which
   72  hydraulic fracturing treatments are performed. If such
   73  confidential and exempt information regarding trade secrets were
   74  released pursuant to a public records request, others would be
   75  allowed to take the benefit of the trade secrets without
   76  compensation or reimbursement to the service company or chemical
   77  supplier or well owner or operator.
   78         Section 3. This act shall take effect on the same date that
   79  SB 1028 or similar legislation takes effect, if such legislation
   80  is adopted in the same legislative session or an extension
   81  thereof and becomes law.