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. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 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.