Florida Senate - 2018                                     SB 956
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00951-18                                            2018956__
    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; amending s.
    6         24.105, F.S.; deleting provisions relating to
    7         exemptions from public records requirements for
    8         certain information held by the Department of the
    9         Lottery; amending s. 73.0155, F.S.; deleting
   10         provisions relating to public records exemptions for
   11         trade secrets held by governmental condemning
   12         authorities; amending s. 119.071, F.S.; deleting a
   13         provision declaring that certain data processing
   14         software exempt from public records requirements is
   15         considered a trade secret; amending s. 119.0713, F.S.;
   16         deleting a provision exempting trade secrets held by
   17         local government agencies from public records
   18         requirements; amending s. 125.0104, F.S.; deleting a
   19         provision exempting trade secrets held by county
   20         tourism development agencies from public records
   21         requirements; amending s. 163.01, F.S.; deleting a
   22         provision exempting trade secrets held by public
   23         agencies that are electric utilities from public
   24         records requirements; amending s. 202.195, F.S.;
   25         deleting a provision exempting trade secrets that are
   26         obtained for certain purposes from a
   27         telecommunications company or franchised cable company
   28         from public records requirements; amending s.
   29         215.4401, F.S.; deleting provisions relating to
   30         confidentiality of trade secrets held by the State
   31         Board of Administration; amending s. 252.88, F.S.;
   32         deleting provisions exempting certain information from
   33         public records requirements under the Florida
   34         Emergency Planning and Community Right-to-Know Act;
   35         repealing s. 252.943, F.S., relating to a public
   36         records exemption under the Florida Accidental Release
   37         Prevention and Risk Management Planning Act; amending
   38         s. 287.0943, F.S.; deleting provisions relating to
   39         confidentiality of certain information relating to
   40         applications for certification of minority business
   41         enterprises; amending s. 288.047, F.S.; deleting
   42         provisions exempting potential trade secrets held for
   43         the Quick-Response Training Program from public
   44         records requirements; amending s. 288.075, F.S.;
   45         deleting provisions relating to a public records
   46         exemption for trade secrets held by economic
   47         development agencies; amending s. 288.1226, F.S.;
   48         deleting provisions relating to a public records
   49         exemption for trade secrets held by the Florida
   50         Tourism Industry Marketing Corporation; amending s.
   51         288.776, F.S.; deleting provisions relating to a
   52         public records exemption for trade secrets held by the
   53         Florida Export Finance Corporation; amending s.
   54         288.9520, F.S.; deleting provisions relating to a
   55         public records exemption for trade secrets and
   56         potential trade secrets held by Enterprise Florida,
   57         Inc., and related entities; amending s. 288.9607,
   58         F.S.; deleting provisions relating to a public records
   59         exemption for trade secrets held by the Florida
   60         Development Finance Corporation; amending s. 288.9626,
   61         F.S.; deleting provisions relating to a public records
   62         exemption for trade secrets and potential trade
   63         secrets held by the Florida Opportunity Fund; amending
   64         s. 288.9627, F.S.; deleting provisions relating to a
   65         public records exemption for trade secrets and
   66         potential trade secrets held by the Institute for the
   67         Commercialization of Public Research; amending s.
   68         331.326, F.S.; deleting provisions relating to a
   69         public records exemption for trade secrets held by
   70         Space Florida; amending s. 334.049, F.S.; deleting
   71         provisions relating to a public records exemption for
   72         trade secrets held by the Department of State for
   73         certain purposes; amending ss. 350.121 and 364.183,
   74         F.S.; deleting provisions relating to public records
   75         exemptions for trade secrets held by the Florida
   76         Public Service Commission; amending s. 365.174, F.S.;
   77         deleting provisions relating to public records
   78         exemptions for trade secrets held by the E911 Board,
   79         the Department of Revenue, and the Technology Program
   80         within the Department of Management Services; amending
   81         ss. 366.093, 367.156, and 368.108, F.S.; deleting
   82         provisions relating to public records exemptions for
   83         trade secrets held by the Florida Public Service
   84         Commission; amending s. 377.24075, F.S.; deleting
   85         provisions relating to a public records exemption for
   86         trade secrets held by the Department of Environmental
   87         Protection; repealing s. 381.83, F.S., relating to
   88         confidentiality of certain information containing
   89         trade secrets obtained by the Department of Health;
   90         amending s. 395.3035, F.S.; deleting provisions
   91         relating to a public records exemption for trade
   92         secrets of hospitals; amending s. 403.7046, F.S.;
   93         revising provisions relating to an exemption for trade
   94         secrets contained in certain reports to the Department
   95         of Environmental Protection; repealing s. 403.73,
   96         F.S., relating to confidentiality of certain
   97         information containing trade secrets obtained by the
   98         Department of Environmental Protection; amending s.
   99         408.061, F.S.; deleting a requirement that certain
  100         trade secret information submitted to the Agency for
  101         Health Care Administration be clearly designated as
  102         such; amending s. 408.185, F.S.; deleting provisions
  103         relating to public records exemptions for certain
  104         trade secrets held by the Office of the Attorney
  105         General; amending s. 408.910, F.S.; deleting
  106         provisions relating to public records exemptions for
  107         trade secrets held by the Florida Health Choices
  108         Program; amending s. 409.91196, F.S.; deleting
  109         provisions relating to public records exemptions for
  110         trade secrets held by the Agency for Health Care
  111         Administration; amending s. 440.108, F.S.; deleting
  112         provisions relating to public records exemptions for
  113         trade secrets held by the Department of Financial
  114         Services; amending s. 494.00125, F.S.; deleting
  115         provisions relating to public records exemptions for
  116         trade secrets held by the Office of Financial
  117         Regulation; amending s. 497.172, F.S.; deleting
  118         provisions relating to public records exemptions for
  119         trade secrets held by the Department of Financial
  120         Services or the Board of Funeral, Cemetery, and
  121         Consumer Services; amending ss. 499.012, 499.0121,
  122         499.05, and 499.051, F.S.; deleting provisions
  123         relating to public records exemptions for trade
  124         secrets held by the Department of Business and
  125         Professional Regulation pursuant to the Florida Drug
  126         and Cosmetic Act; repealing s. 499.931, F.S., relating
  127         to maintenance of information held by the Department
  128         of Business and Professional Regulation which is
  129         deemed to be a trade secret; amending s. 501.171,
  130         F.S.; deleting provisions relating to public records
  131         exemptions for trade secrets held by the Department of
  132         Legal Affairs; repealing s. 502.222, F.S., relating to
  133         trade secrets of a dairy industry business held by the
  134         Department of Agriculture and Consumer Services;
  135         amending ss. 517.2015 and 520.9965, F.S.; deleting
  136         provisions relating to public records exemptions for
  137         trade secrets held by the Office of Financial
  138         Regulation; amending s. 526.311, F.S.; deleting
  139         provisions relating to public records exemptions for
  140         trade secrets held by the Department of Agriculture
  141         and Consumer Services; amending s. 548.062, F.S.;
  142         deleting provisions relating to public records
  143         exemptions for trade secrets held by the Florida State
  144         Boxing Commission; amending s. 556.113, F.S.; deleting
  145         provisions relating to public records exemptions for
  146         trade secrets held by Sunshine State One-Call of
  147         Florida, Inc.; amending s. 559.5558, F.S.; deleting
  148         provisions relating to public records exemptions for
  149         trade secrets held by the Office of Financial
  150         Regulation; amending s. 559.9285, F.S.; revising
  151         provisions specifying that certain information
  152         provided to the Department of Agriculture and Consumer
  153         Services does not constitute a trade secret; amending
  154         s. 560.129, F.S.; deleting provisions relating to
  155         public records exemptions for trade secrets held by
  156         the Office of Financial Regulation; amending s.
  157         569.215, F.S.; deleting provisions relating to public
  158         records exemptions for trade secrets held by specified
  159         entities relating to a tobacco settlement agreement;
  160         amending s. 570.48, F.S.; deleting provisions relating
  161         to public records exemptions for trade secrets held by
  162         the Division of Fruit and Vegetables; amending ss.
  163         570.544 and 573.123, F.S.; deleting provisions
  164         relating to public records exemptions for trade
  165         secrets held by the Division of Consumer Services;
  166         repealing s. 581.199, F.S., relating to a prohibition
  167         on the use of trade secret information obtained under
  168         specified provisions for personal use or gain;
  169         amending ss. 601.10, 601.15, and 601.152, F.S.;
  170         deleting provisions relating to public records
  171         exemptions for trade secrets held by the Department of
  172         Citrus; repealing s. 601.76, F.S., relating to a
  173         public records exemption for certain formulas filed
  174         with the Department of Agriculture; amending ss.
  175         607.0505 and 617.0503, F.S.; deleting provisions
  176         relating to public records exemptions for certain
  177         information that might reveal trade secrets held by
  178         the Department of Legal Affairs; amending s. 624.4212,
  179         F.S.; deleting provisions relating to public records
  180         exemptions for trade secrets held by the Office of
  181         Insurance Regulation; repealing s. 624.4213, F.S.,
  182         relating to trade secret documents submitted to the
  183         Department of Financial Services or the Office of
  184         Insurance Regulation; amending ss. 626.84195, 626.884,
  185         626.9936, 627.0628, and 627.3518, F.S.; deleting
  186         provisions relating to public records exemptions for
  187         trade secrets held by the Department of Financial
  188         Services or the Office of Insurance Regulation;
  189         amending s. 655.057, F.S.; revising provisions
  190         relating to a public records exemption for trade
  191         secrets held by the Office of Financial Regulation;
  192         repealing s. 655.0591, F.S., relating to trade secret
  193         documents held by the Office of Financial Regulation;
  194         amending s. 663.533, F.S.; revising a cross-reference;
  195         repealing s. 721.071, F.S., relating to trade secret
  196         material filed with the Division of Florida
  197         Condominiums, Timeshares, and Mobile Homes of the
  198         Department of Business and Professional Regulation;
  199         amending s. 815.04, F.S.; deleting a public records
  200         exemption for certain trade secret information
  201         relating to offenses against intellectual property;
  202         repealing s. 815.045, F.S., relating to trade secret
  203         information; amending s. 1004.22, F.S.; deleting
  204         provisions relating to public records exemptions for
  205         trade secrets and potential trade secrets received,
  206         generated, ascertained, or discovered during the
  207         course of research conducted within the state
  208         universities; amending s. 1004.30, F.S.; revising
  209         provisions relating to public records exemptions for
  210         trade secrets held by state university health services
  211         support organizations; amending s. 1004.43, F.S.;
  212         deleting provisions relating to public records
  213         exemptions for trade secrets and potential trade
  214         secrets held by the H. Lee Moffitt Cancer Center and
  215         Research Institute; amending s. 1004.4472, F.S.;
  216         deleting provisions relating to public records
  217         exemptions for trade secrets and potential trade
  218         secrets held by the Florida Institute for Human and
  219         Machine Cognition, Inc.; amending s. 1004.78, F.S.;
  220         deleting provisions relating to public records
  221         exemptions for trade secrets and potential trade
  222         secrets held by the technology transfers centers at
  223         Florida College System institutions; amending ss.
  224         601.80, 663.533, 721.13, and 921.0022, F.S.;
  225         conforming provisions to changes made by the act;
  226         providing a contingent effective date.
  227          
  228  Be It Enacted by the Legislature of the State of Florida:
  229  
  230         Section 1. Section 119.07135, Florida Statutes, is created
  231  to read:
  232         119.07135Agency contracts; public records.—Notwithstanding
  233  any other provision of law, the following information is a
  234  public record and is not confidential or exempt from s.
  235  119.07(1) and s. 24(a), Art. I of the State Constitution:
  236         (1)Any contract or agreement, or an addendum thereto, to
  237  which an agency or an entity subject to this chapter is a party;
  238  and
  239         (2)Financial information related to any contract or
  240  agreement, or an addendum thereto, with an agency or an entity
  241  subject to this chapter, including, but not limited to, the
  242  amount of money paid, any payment structure or plan,
  243  expenditures, incentives, fees, or penalties.
  244         Section 2. Paragraph (a) of subsection (12) of section
  245  24.105, Florida Statutes, is amended, and present paragraphs (b)
  246  and (c) of that subsection are redesignated as paragraphs (a)
  247  and (b), respectively, to read:
  248         24.105 Powers and duties of department.—The department
  249  shall:
  250         (12)(a)Determine by rule information relating to the
  251  operation of the lottery which is confidential and exempt from
  252  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  253  Constitution. Such information includes trade secrets; security
  254  measures, systems, or procedures; security reports; information
  255  concerning bids or other contractual data, the disclosure of
  256  which would impair the efforts of the department to contract for
  257  goods or services on favorable terms; employee personnel
  258  information unrelated to compensation, duties, qualifications,
  259  or responsibilities; and information obtained by the Division of
  260  Security pursuant to its investigations which is otherwise
  261  confidential. To be deemed confidential, the information must be
  262  necessary to the security and integrity of the lottery.
  263  Confidential information may be released to other governmental
  264  entities as needed in connection with the performance of their
  265  duties. The receiving governmental entity shall retain the
  266  confidentiality of such information as provided for in this
  267  subsection.
  268         Section 3. Paragraph (e) of subsection (1) of section
  269  73.0155, Florida Statutes, is amended to read:
  270         73.0155 Confidentiality; business information provided to a
  271  governmental condemning authority.—
  272         (1) The following business information provided by the
  273  owner of a business to a governmental condemning authority as
  274  part of an offer of business damages under s. 73.015 is
  275  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  276  of the State Constitution if the owner requests in writing that
  277  the business information be held confidential and exempt:
  278         (e) Materials that relate to methods of manufacture or
  279  production or, potential trade secrets, patentable material, or
  280  actual trade secrets as defined in s. 688.002.
  281         Section 4. Paragraph (f) of subsection (1) of section
  282  119.071, Florida Statutes, is amended to read:
  283         119.071 General exemptions from inspection or copying of
  284  public records.—
  285         (1) AGENCY ADMINISTRATION.—
  286         (f) Data processing software obtained by an agency under a
  287  licensing agreement that prohibits its disclosure and which
  288  software is a trade secret, as defined in s. 812.081, and
  289  Agency-produced data processing software that is sensitive is
  290  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  291  Constitution. The designation of agency-produced software as
  292  sensitive does not prohibit an agency head from sharing or
  293  exchanging such software with another public agency. This
  294  paragraph is subject to the Open Government Sunset Review Act in
  295  accordance with s. 119.15 and shall stand repealed on October 2,
  296  2021, unless reviewed and saved from repeal through reenactment
  297  by the Legislature.
  298         Section 5. Paragraph (a) of subsection (4) of section
  299  119.0713, Florida Statutes, is amended to read:
  300         119.0713 Local government agency exemptions from inspection
  301  or copying of public records.—
  302         (4)(a) Proprietary confidential business information means
  303  information, regardless of form or characteristics, which is
  304  held by an electric utility that is subject to chapter 119, is
  305  intended to be and is treated by the entity that provided the
  306  information to the electric utility as private in that the
  307  disclosure of the information would cause harm to the entity
  308  providing the information or its business operations, and has
  309  not been disclosed unless disclosed pursuant to a statutory
  310  provision, an order of a court or administrative body, or a
  311  private agreement that provides that the information will not be
  312  released to the public. Proprietary confidential business
  313  information includes, but is not limited to:
  314         1.Trade secrets.
  315         1.2. Internal auditing controls and reports of internal
  316  auditors.
  317         2.3. Security measures, systems, or procedures.
  318         3.4. Information concerning bids or other contractual data,
  319  the disclosure of which would impair the efforts of the electric
  320  utility to contract for goods or services on favorable terms.
  321         4.5. Information relating to competitive interests, the
  322  disclosure of which would impair the competitive business of the
  323  provider of the information.
  324         Section 6. Paragraph (d) of subsection (9) of section
  325  125.0104, Florida Statutes, is amended to read:
  326         125.0104 Tourist development tax; procedure for levying;
  327  authorized uses; referendum; enforcement.—
  328         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
  329  other powers and duties provided for agencies created for the
  330  purpose of tourism promotion by a county levying the tourist
  331  development tax, such agencies are authorized and empowered to:
  332         (d) Undertake marketing research and advertising research
  333  studies and provide reservations services and convention and
  334  meetings booking services consistent with the authorized uses of
  335  revenue as set forth in subsection (5).
  336         1. Information given to a county tourism promotion agency
  337  which, if released, would reveal the identity of persons or
  338  entities who provide data or other information as a response to
  339  a sales promotion effort, an advertisement, or a research
  340  project or whose names, addresses, meeting or convention plan
  341  information or accommodations or other visitation needs become
  342  booking or reservation list data, is exempt from s. 119.07(1)
  343  and s. 24(a), Art. I of the State Constitution.
  344         2. The following information, When held by a county tourism
  345  promotion agency, booking business records, as defined in s.
  346  255.047, are is exempt from s. 119.07(1) and s. 24(a), Art. I of
  347  the State Constitution.:
  348         a.Booking business records, as defined in s. 255.047.
  349         b.Trade secrets and commercial or financial information
  350  gathered from a person and privileged or confidential, as
  351  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
  352  amendments thereto.
  353         3.A trade secret, as defined in s. 812.081, held by a
  354  county tourism promotion agency is exempt from s. 119.07(1) and
  355  s. 24(a), Art. I of the State Constitution. This subparagraph is
  356  subject to the Open Government Sunset Review Act in accordance
  357  with s. 119.15 and shall stand repealed on October 2, 2021,
  358  unless reviewed and saved from repeal through reenactment by the
  359  Legislature.
  360         Section 7. Paragraph (m) of subsection (15) of section
  361  163.01, Florida Statutes, is amended to read:
  362         163.01 Florida Interlocal Cooperation Act of 1969.—
  363         (15) Notwithstanding any other provision of this section or
  364  of any other law except s. 361.14, any public agency of this
  365  state which is an electric utility, or any separate legal entity
  366  created pursuant to the provisions of this section, the
  367  membership of which consists only of electric utilities, and
  368  which exercises or proposes to exercise the powers granted by
  369  part II of chapter 361, the Joint Power Act, may exercise any or
  370  all of the following powers:
  371         (m) In the event that any public agency or any such legal
  372  entity, or both, should receive, in connection with its joint
  373  ownership or right to the services, output, capacity, or energy
  374  of an electric project, as defined in paragraph (3)(d), any
  375  material which is designated by the person supplying such
  376  material as proprietary confidential business information or
  377  which a court of competent jurisdiction has designated as
  378  confidential or secret shall be kept confidential and shall be
  379  exempt from the provisions of s. 119.07(1). As used in this
  380  paragraph, “proprietary confidential business information”
  381  includes, but is not limited to, trade secrets; internal
  382  auditing controls and reports of internal auditors; security
  383  measures, systems, or procedures; information concerning bids or
  384  other contractual data, the disclosure of which would impair the
  385  efforts of the utility to contract for services on favorable
  386  terms; employee personnel information unrelated to compensation,
  387  duties, qualifications, or responsibilities; and formulas,
  388  patterns, devices, combinations of devices, contract costs, or
  389  other information the disclosure of which would injure the
  390  affected entity in the marketplace.
  391         Section 8. Subsection (2) of section 202.195, Florida
  392  Statutes, is amended to read:
  393         202.195 Proprietary confidential business information;
  394  public records exemption.—
  395         (2) For the purposes of this exemption, “proprietary
  396  confidential business information” includes maps, plans, billing
  397  and payment records, trade secrets, or other information
  398  relating to the provision of or facilities for communications
  399  service:
  400         (a) That is intended to be and is treated by the company as
  401  confidential;
  402         (b) The disclosure of which would be reasonably likely to
  403  be used by a competitor to harm the business interests of the
  404  company; and
  405         (c) That is not otherwise readily ascertainable or publicly
  406  available by proper means by other persons from another source
  407  in the same configuration as requested by the local governmental
  408  entity.
  409  
  410  Proprietary confidential business information does not include
  411  schematics indicating the location of facilities for a specific
  412  site that are provided in the normal course of the local
  413  governmental entity’s permitting process.
  414         Section 9. Paragraphs (a), (c), and (d) of subsection (3)
  415  of section 215.4401, Florida Statutes, are amended to read:
  416         215.4401 Board of Administration; public record
  417  exemptions.—
  418         (3)(a) As used in this subsection, the term:
  419         1. “Alternative investment” means an investment by the
  420  State Board of Administration in a private equity fund, venture
  421  fund, hedge fund, or distress fund or a direct investment in a
  422  portfolio company through an investment manager.
  423         2. “Alternative investment vehicle” means the limited
  424  partnership, limited liability company, or similar legal
  425  structure or investment manager through which the State Board of
  426  Administration invests in a portfolio company.
  427         3. “Portfolio company” means a corporation or other issuer,
  428  any of whose securities are owned by an alternative investment
  429  vehicle or the State Board of Administration and any subsidiary
  430  of such corporation or other issuer.
  431         4. “Portfolio positions” means individual investments in
  432  portfolio companies which are made by the alternative investment
  433  vehicles, including information or specific investment terms
  434  associated with any portfolio company investment.
  435         5. “Proprietor” means an alternative investment vehicle, a
  436  portfolio company in which the alternative investment vehicle is
  437  invested, or an outside consultant, including the respective
  438  authorized officers, employees, agents, or successors in
  439  interest, which controls or owns information provided to the
  440  State Board of Administration.
  441         6. “Proprietary confidential business information” means
  442  information that has been designated by the proprietor when
  443  provided to the State Board of Administration as information
  444  that is owned or controlled by a proprietor; that is intended to
  445  be and is treated by the proprietor as private, the disclosure
  446  of which would harm the business operations of the proprietor
  447  and has not been intentionally disclosed by the proprietor
  448  unless pursuant to a private agreement that provides that the
  449  information will not be released to the public except as
  450  required by law or legal process, or pursuant to law or an order
  451  of a court or administrative body; and that concerns:
  452         a.Trade secrets as defined in s. 688.002.
  453         a.b. Information provided to the State Board of
  454  Administration regarding a prospective investment in a private
  455  equity fund, venture fund, hedge fund, distress fund, or
  456  portfolio company which is proprietary to the provider of the
  457  information.
  458         b.c. Financial statements and auditor reports of an
  459  alternative investment vehicle.
  460         c.d. Meeting materials of an alternative investment vehicle
  461  relating to financial, operating, or marketing information of
  462  the alternative investment vehicle.
  463         d.e. Information regarding the portfolio positions in which
  464  the alternative investment vehicles invest.
  465         e.f. Capital call and distribution notices to investors of
  466  an alternative investment vehicle.
  467         f.g. Alternative investment agreements and related records.
  468         g.h. Information concerning investors, other than the State
  469  Board of Administration, in an alternative investment vehicle.
  470         7. “Proprietary confidential business information” does not
  471  include:
  472         a. The name, address, and vintage year of an alternative
  473  investment vehicle and the identity of the principals involved
  474  in the management of the alternative investment vehicle.
  475         b. The dollar amount of the commitment made by the State
  476  Board of Administration to each alternative investment vehicle
  477  since inception.
  478         c. The dollar amount and date of cash contributions made by
  479  the State Board of Administration to each alternative investment
  480  vehicle since inception.
  481         d. The dollar amount, on a fiscal-year-end basis, of cash
  482  distributions received by the State Board of Administration from
  483  each alternative investment vehicle.
  484         e. The dollar amount, on a fiscal-year-end basis, of cash
  485  distributions received by the State Board of Administration plus
  486  the remaining value of alternative-vehicle assets that are
  487  attributable to the State Board of Administration’s investment
  488  in each alternative investment vehicle.
  489         f. The net internal rate of return of each alternative
  490  investment vehicle since inception.
  491         g. The investment multiple of each alternative investment
  492  vehicle since inception.
  493         h. The dollar amount of the total management fees and costs
  494  paid on an annual fiscal-year-end basis by the State Board of
  495  Administration to each alternative investment vehicle.
  496         i. The dollar amount of cash profit received by the State
  497  Board of Administration from each alternative investment vehicle
  498  on a fiscal-year-end basis.
  499         j. A description of any compensation, fees, or expenses,
  500  including the amount or value, paid or agreed to be paid by a
  501  proprietor to any person to solicit the board to make an
  502  alternative investment or investment through an alternative
  503  investment vehicle. This does not apply to an executive officer,
  504  general partner, managing member, or other employee of the
  505  proprietor, who is paid by the proprietor to solicit the board
  506  to make such investments.
  507         (c)1. Notwithstanding the provisions of paragraph (b), a
  508  request to inspect or copy a record under s. 119.07(1) that
  509  contains proprietary confidential business information shall be
  510  granted if the proprietor of the information fails, within a
  511  reasonable period of time after the request is received by the
  512  State Board of Administration, to verify the following to the
  513  State Board of Administration through a written declaration in
  514  the manner provided by s. 92.525:
  515         a. That the requested record contains proprietary
  516  confidential business information and the specific location of
  517  such information within the record;
  518         b.If the proprietary confidential business information is
  519  a trade secret, a verification that it is a trade secret as
  520  defined in s. 688.002;
  521         b.c. That the proprietary confidential business information
  522  is intended to be and is treated by the proprietor as private,
  523  is the subject of efforts of the proprietor to maintain its
  524  privacy, and is not readily ascertainable or publicly available
  525  from any other source; and
  526         c.d. That the disclosure of the proprietary confidential
  527  business information to the public would harm the business
  528  operations of the proprietor.
  529         2. The State Board of Administration shall maintain a list
  530  and a description of the records covered by any verified,
  531  written declaration made under this paragraph.
  532         (d) Any person may petition a court of competent
  533  jurisdiction for an order for the public release of those
  534  portions of any record made confidential and exempt by paragraph
  535  (b). Any action under this paragraph must be brought in Leon
  536  County, Florida, and the petition or other initial pleading
  537  shall be served on the State Board of Administration and, if
  538  determinable upon diligent inquiry, on the proprietor of the
  539  information sought to be released. In any order for the public
  540  release of a record under this paragraph, the court shall make a
  541  finding that the record or portion thereof is not a trade secret
  542  as defined in s. 688.002, that a compelling public interest is
  543  served by the release of the record or portions thereof which
  544  exceed the public necessity for maintaining the confidentiality
  545  of such record, and that the release of the record will not
  546  cause damage to or adversely affect the interests of the
  547  proprietor of the released information, other private persons or
  548  business entities, the State Board of Administration, or any
  549  trust fund, the assets of which are invested by the State Board
  550  of Administration.
  551         Section 10. Subsection (1) of section 252.88, Florida
  552  Statutes, is amended to read:
  553         252.88 Public records.—
  554         (1) Whenever EPCRA authorizes an employer to exclude trade
  555  secret information from its submittals, the employer shall
  556  furnish the information so excluded to the commission upon
  557  request. Such information shall be confidential and exempt from
  558  the provisions of s. 119.07(1). The commission shall not
  559  disclose such information except pursuant to a final
  560  determination under s. 322 of EPCRA by the Administrator of the
  561  Environmental Protection Agency that such information is not
  562  entitled to trade secret protection, or pursuant to an order of
  563  court.
  564         Section 11. Section 252.943, Florida Statutes, is repealed.
  565         Section 12. Paragraph (h) of subsection (2) of section
  566  287.0943, Florida Statutes, is amended to read:
  567         287.0943 Certification of minority business enterprises.—
  568         (2)
  569         (h) The certification procedures should allow an applicant
  570  seeking certification to designate on the application form the
  571  information the applicant considers to be proprietary,
  572  confidential business information. As used in this paragraph,
  573  “proprietary, confidential business information” includes, but
  574  is not limited to, any information that would be exempt from
  575  public inspection pursuant to the provisions of chapter 119;
  576  trade secrets; internal auditing controls and reports; contract
  577  costs; or other information the disclosure of which would injure
  578  the affected party in the marketplace or otherwise violate s.
  579  286.041. The executor in receipt of the application shall issue
  580  written and final notice of any information for which
  581  noninspection is requested but not provided for by law.
  582         Section 13. Subsection (7) of section 288.047, Florida
  583  Statutes, is amended to read:
  584         288.047 Quick-response training for economic development.—
  585         (7) In providing instruction pursuant to this section,
  586  materials that relate to methods of manufacture or production,
  587  potential trade secrets, business transactions, or proprietary
  588  information received, produced, ascertained, or discovered by
  589  employees of the respective departments, district school boards,
  590  community college district boards of trustees, or other
  591  personnel employed for the purposes of this section is
  592  confidential and exempt from the provisions of s. 119.07(1). The
  593  state may seek copyright protection for instructional materials
  594  and ancillary written documents developed wholly or partially
  595  with state funds as a result of instruction provided pursuant to
  596  this section, except for materials that are confidential and
  597  exempt from the provisions of s. 119.07(1).
  598         Section 14. Paragraph (c) of subsection (1) and subsection
  599  (3) of section 288.075, Florida Statutes, are amended, and
  600  present subsections (4) through (7) are renumbered as
  601  subsections (3) through (6), respectively, to read:
  602         288.075 Confidentiality of records.—
  603         (1) DEFINITIONS.—As used in this section, the term:
  604         (c)“Trade secret” has the same meaning as in s. 688.002.
  605         (3)TRADE SECRETS.—Trade secrets held by an economic
  606  development agency are confidential and exempt from s. 119.07(1)
  607  and s. 24(a), Art. I of the State Constitution.
  608         Section 15. Subsection (9) of section 288.1226, Florida
  609  Statutes, is amended to read:
  610         288.1226 Florida Tourism Industry Marketing Corporation;
  611  use of property; board of directors; duties; audit.—
  612         (9) PUBLIC RECORDS EXEMPTION.—The identity of any person
  613  who responds to a marketing project or advertising research
  614  project conducted by the corporation in the performance of its
  615  duties on behalf of Enterprise Florida, Inc., is or trade
  616  secrets as defined by s. 812.081 obtained pursuant to such
  617  activities, are exempt from s. 119.07(1) and s. 24(a), Art. I of
  618  the State Constitution. This subsection is subject to the Open
  619  Government Sunset Review Act in accordance with s. 119.15 and
  620  shall stand repealed on October 2, 2021, unless reviewed and
  621  saved from repeal through reenactment by the Legislature.
  622         Section 16. Paragraph (d) of subsection (3) of section
  623  288.776, Florida Statutes, is amended to read:
  624         288.776 Board of directors; powers and duties.—
  625         (3) The board shall:
  626         (d) Adopt policies, including criteria, establishing which
  627  exporters and export transactions shall be eligible for
  628  insurance, coinsurance, loan guarantees, and direct, guaranteed,
  629  or collateralized loans which may be extended by the
  630  corporation. Pursuant to this subsection, the board shall
  631  include the following criteria:
  632         1. Any individual signing any corporation loan application
  633  and loan or guarantee agreement shall have an equity in the
  634  business applying for financial assistance.
  635         2. Each program shall exclusively support the export of
  636  goods and services by small and medium-sized businesses which
  637  are domiciled in this state. Priority shall be given to goods
  638  which have value added in this state.
  639         3. Financial assistance shall only be extended when at
  640  least one of the following circumstances exists:
  641         a. The assistance is required to secure the participation
  642  of small and medium-sized export businesses in federal, state,
  643  or private financing programs.
  644         b. No conventional source of lender support is available
  645  for the business from public or private financing sources.
  646  
  647  Personal financial records, trade secrets, or proprietary
  648  information of applicants shall be confidential and exempt from
  649  the provisions of s. 119.07(1).
  650         Section 17. Section 288.9520, Florida Statutes, is amended
  651  to read:
  652         288.9520 Public records exemption.—Materials that relate to
  653  methods of manufacture or production, potential trade secrets,
  654  potentially patentable material, actual trade secrets, business
  655  transactions, financial and proprietary information, and
  656  agreements or proposals to receive funding that are received,
  657  generated, ascertained, or discovered by Enterprise Florida,
  658  Inc., including its affiliates or subsidiaries and partnership
  659  participants, such as private enterprises, educational
  660  institutions, and other organizations, are confidential and
  661  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  662  of the State Constitution, except that a recipient of Enterprise
  663  Florida, Inc., research funds shall make available, upon
  664  request, the title and description of the research project, the
  665  name of the researcher, and the amount and source of funding
  666  provided for the project.
  667         Section 18. Subsection (5) of section 288.9607, Florida
  668  Statutes, is amended to read:
  669         288.9607 Guaranty of bond issues.—
  670         (5) Personal financial records, trade secrets, or
  671  proprietary information of applicants delivered to or obtained
  672  by the corporation shall be confidential and exempt from the
  673  provisions of s. 119.07(1).
  674         Section 19. Paragraph (f) of subsection (1), paragraph (a)
  675  of subsection (2), and paragraphs (b) and (c) of subsection (4)
  676  of section 288.9626, Florida Statutes, are amended to read:
  677         288.9626 Exemptions from public records and public meetings
  678  requirements for the Florida Opportunity Fund.—
  679         (1) DEFINITIONS.—As used in this section, the term:
  680         (f)1. “Proprietary confidential business information” means
  681  information that has been designated by the proprietor when
  682  provided to the Florida Opportunity Fund as information that is
  683  owned or controlled by a proprietor; that is intended to be and
  684  is treated by the proprietor as private, the disclosure of which
  685  would harm the business operations of the proprietor and has not
  686  been intentionally disclosed by the proprietor unless pursuant
  687  to a private agreement that provides that the information will
  688  not be released to the public except as required by law or legal
  689  process, or pursuant to law or an order of a court or
  690  administrative body; and that concerns:
  691         a.Trade secrets as defined in s. 688.002.
  692         a.b. Information provided to the Florida Opportunity Fund
  693  regarding an existing or prospective alternative investment in a
  694  private equity fund, venture capital fund, angel fund, or
  695  portfolio company that is proprietary to the provider of the
  696  information.
  697         b.c. Financial statements and auditor reports of an
  698  alternative investment vehicle or portfolio company, unless
  699  publicly released by the alternative investment vehicle or
  700  portfolio company.
  701         c.d. Meeting materials of an alternative investment vehicle
  702  or portfolio company relating to financial, operating, or
  703  marketing information of the alternative investment vehicle or
  704  portfolio company.
  705         d.e. Information regarding the portfolio positions in which
  706  the alternative investment vehicles or Florida Opportunity Fund
  707  invest.
  708         e.f. Capital call and distribution notices to investors or
  709  the Florida Opportunity Fund of an alternative investment
  710  vehicle.
  711         f.g. Alternative investment agreements and related records.
  712         g.h. Information concerning investors, other than the
  713  Florida Opportunity Fund, in an alternative investment vehicle
  714  or portfolio company.
  715         2. “Proprietary confidential business information” does not
  716  include:
  717         a. The name, address, and vintage year of an alternative
  718  investment vehicle or Florida Opportunity Fund and the identity
  719  of the principals involved in the management of the alternative
  720  investment vehicle or Florida Opportunity Fund.
  721         b. The dollar amount of the commitment made by the Florida
  722  Opportunity Fund to each alternative investment vehicle since
  723  inception, if any.
  724         c. The dollar amount and date of cash contributions made by
  725  the Florida Opportunity Fund to each alternative investment
  726  vehicle since inception, if any.
  727         d. The dollar amount, on a fiscal-year-end basis, of cash
  728  or other fungible distributions received by the Florida
  729  Opportunity Fund from each alternative investment vehicle.
  730         e. The dollar amount, on a fiscal-year-end basis, of cash
  731  or other fungible distributions received by the Florida
  732  Opportunity Fund plus the remaining value of alternative-vehicle
  733  assets that are attributable to the Florida Opportunity Fund’s
  734  investment in each alternative investment vehicle.
  735         f. The net internal rate of return of each alternative
  736  investment vehicle since inception.
  737         g. The investment multiple of each alternative investment
  738  vehicle since inception.
  739         h. The dollar amount of the total management fees and costs
  740  paid on an annual fiscal-year-end basis by the Florida
  741  Opportunity Fund to each alternative investment vehicle.
  742         i. The dollar amount of cash profit received by the Florida
  743  Opportunity Fund from each alternative investment vehicle on a
  744  fiscal-year-end basis.
  745         (2) PUBLIC RECORDS EXEMPTION.—
  746         (a) The following records held by the Florida Opportunity
  747  Fund are confidential and exempt from s. 119.07(1) and s. 24(a),
  748  Art. I of the State Constitution:
  749         1. Materials that relate to methods of manufacture or
  750  production, potential trade secrets, or patentable material
  751  received, generated, ascertained, or discovered during the
  752  course of research or through research projects and that are
  753  provided by a proprietor.
  754         2. Information that would identify an investor or potential
  755  investor who desires to remain anonymous in projects reviewed by
  756  the Florida Opportunity Fund.
  757         3. Proprietary confidential business information regarding
  758  alternative investments for 7 years after the termination of the
  759  alternative investment.
  760         (4) REQUEST TO INSPECT OR COPY A RECORD.—
  761         (b) Notwithstanding the provisions of paragraph (2)(a), a
  762  request to inspect or copy a public record that contains
  763  proprietary confidential business information shall be granted
  764  if the proprietor of the information fails, within a reasonable
  765  period of time after the request is received by the Florida
  766  Opportunity Fund, to verify the following to the Florida
  767  Opportunity Fund through a written declaration in the manner
  768  provided by s. 92.525:
  769         1. That the requested record contains proprietary
  770  confidential business information and the specific location of
  771  such information within the record;
  772         2.If the proprietary confidential business information is
  773  a trade secret, a verification that it is a trade secret as
  774  defined in s. 688.002;
  775         2.3. That the proprietary confidential business information
  776  is intended to be and is treated by the proprietor as private,
  777  is the subject of efforts of the proprietor to maintain its
  778  privacy, and is not readily ascertainable or publicly available
  779  from any other source; and
  780         3.4. That the disclosure of the proprietary confidential
  781  business information to the public would harm the business
  782  operations of the proprietor.
  783         (c)1. Any person may petition a court of competent
  784  jurisdiction for an order for the public release of those
  785  portions of any record made confidential and exempt by
  786  subsection (2).
  787         2. Any action under this subsection must be brought in
  788  Orange County, and the petition or other initial pleading shall
  789  be served on the Florida Opportunity Fund and, if determinable
  790  upon diligent inquiry, on the proprietor of the information
  791  sought to be released.
  792         3. In any order for the public release of a record under
  793  this subsection, the court shall make a finding that:
  794         a.The record or portion thereof is not a trade secret as
  795  defined in s. 688.002;
  796         a.b. A compelling public interest is served by the release
  797  of the record or portions thereof which exceed the public
  798  necessity for maintaining the confidentiality of such record;
  799  and
  800         b.c. The release of the record will not cause damage to or
  801  adversely affect the interests of the proprietor of the released
  802  information, other private persons or business entities, or the
  803  Florida Opportunity Fund.
  804         Section 20. Paragraph (b) of subsection (1), paragraph (a)
  805  of subsection (2), and paragraphs (b) and (c) of subsection (4)
  806  of section 288.9627, Florida Statutes, are amended to read:
  807         288.9627 Exemptions from public records and public meetings
  808  requirements for the Institute for the Commercialization of
  809  Public Research.—
  810         (1) DEFINITIONS.—As used in this section, the term:
  811         (b)1. “Proprietary confidential business information” means
  812  information that has been designated by the proprietor when
  813  provided to the institute as information that is owned or
  814  controlled by a proprietor; that is intended to be and is
  815  treated by the proprietor as private, the disclosure of which
  816  would harm the business operations of the proprietor and has not
  817  been intentionally disclosed by the proprietor unless pursuant
  818  to a private agreement that provides that the information will
  819  not be released to the public except as required by law or legal
  820  process, or pursuant to law or an order of a court or
  821  administrative body; and that concerns:
  822         a.Trade secrets as defined in s. 688.002.
  823         a.b. Financial statements and internal or external auditor
  824  reports of a proprietor corporation, partnership, or person
  825  requesting confidentiality under this statute, unless publicly
  826  released by the proprietor.
  827         b.c. Meeting materials related to financial, operating,
  828  investment, or marketing information of the proprietor
  829  corporation, partnership, or person.
  830         c.d. Information concerning private investors in the
  831  proprietor corporation, partnership, or person.
  832         2. “Proprietary confidential business information” does not
  833  include:
  834         a. The identity and primary address of the proprietor’s
  835  principals.
  836         b. The dollar amount and date of the financial commitment
  837  or contribution made by the institute.
  838         c. The dollar amount, on a fiscal-year-end basis, of cash
  839  repayments or other fungible distributions received by the
  840  institute from each proprietor.
  841         d. The dollar amount, if any, of the total management fees
  842  and costs paid on an annual fiscal-year-end basis by the
  843  institute.
  844         (2) PUBLIC RECORDS EXEMPTION.—
  845         (a) The following records held by the institute are
  846  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  847  of the State Constitution:
  848         1. Materials that relate to methods of manufacture or
  849  production, potential trade secrets, or patentable material
  850  received, generated, ascertained, or discovered during the
  851  course of research or through research projects conducted by
  852  universities and other publicly supported organizations in this
  853  state and that are provided to the institute by a proprietor.
  854         2. Information that would identify an investor or potential
  855  investor who desires to remain anonymous in projects reviewed by
  856  the institute for assistance.
  857         3. Any information received from a person from another
  858  state or nation or the Federal Government which is otherwise
  859  confidential or exempt pursuant to the laws of that state or
  860  nation or pursuant to federal law.
  861         4. Proprietary confidential business information for 7
  862  years after the termination of the institute’s financial
  863  commitment to the company.
  864         (4) REQUEST TO INSPECT OR COPY A RECORD.—
  865         (b) Notwithstanding the provisions of paragraph (2)(a), a
  866  request to inspect or copy a public record that contains
  867  proprietary confidential business information shall be granted
  868  if the proprietor of the information fails, within a reasonable
  869  period of time after the request is received by the institute,
  870  to verify the following to the institute through a written
  871  declaration in the manner provided by s. 92.525:
  872         1. That the requested record contains proprietary
  873  confidential business information and the specific location of
  874  such information within the record;
  875         2.If the proprietary confidential business information is
  876  a trade secret, a verification that it is a trade secret as
  877  defined in s. 688.002;
  878         2.3. That the proprietary confidential business information
  879  is intended to be and is treated by the proprietor as private,
  880  is the subject of efforts of the proprietor to maintain its
  881  privacy, and is not readily ascertainable or publicly available
  882  from any other source; and
  883         3.4. That the disclosure of the proprietary confidential
  884  business information to the public would harm the business
  885  operations of the proprietor.
  886         (c)1. Any person may petition a court of competent
  887  jurisdiction for an order for the public release of those
  888  portions of any record made confidential and exempt by
  889  subsection (2).
  890         2. Any action under this subsection must be brought in Palm
  891  Beach County or Alachua County, and the petition or other
  892  initial pleading shall be served on the institute and, if
  893  determinable upon diligent inquiry, on the proprietor of the
  894  information sought to be released.
  895         3. In any order for the public release of a record under
  896  this subsection, the court shall make a finding that:
  897         a.The record or portion thereof is not a trade secret as
  898  defined in s. 688.002;
  899         a.b. A compelling public interest is served by the release
  900  of the record or portions thereof which exceed the public
  901  necessity for maintaining the confidentiality of such record;
  902  and
  903         b.c. The release of the record will not cause damage to or
  904  adversely affect the interests of the proprietor of the released
  905  information, other private persons or business entities, or the
  906  institute.
  907         Section 21. Section 331.326, Florida Statutes, is amended
  908  to read:
  909         331.326 Information relating to trade secrets
  910  confidential.—The records of Space Florida regarding matters
  911  encompassed by this act are public records subject to chapter
  912  119. Any information held by Space Florida which is a trade
  913  secret, as defined in s. 812.081, including trade secrets of
  914  Space Florida, any spaceport user, or the space industry
  915  business, is confidential and exempt from s. 119.07(1) and s.
  916  24(a), Art. I of the State Constitution and may not be
  917  disclosed. If Space Florida determines that any information
  918  requested by the public will reveal a trade secret, it shall, in
  919  writing, inform the person making the request of that
  920  determination. The determination is a final order as defined in
  921  s. 120.52. Any meeting or portion of a meeting of Space
  922  Florida’s board is exempt from s. 286.011 and s. 24(b), Art. I
  923  of the State Constitution when the board is discussing trade
  924  secrets as defined in s. 688.01. Any public record generated
  925  during the closed portions of the meetings, such as minutes,
  926  tape recordings, and notes, is confidential and exempt from s.
  927  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  928  section is subject to the Open Government Sunset Review Act in
  929  accordance with s. 119.15 and shall stand repealed on October 2,
  930  2021, unless reviewed and saved from repeal through reenactment
  931  by the Legislature.
  932         Section 22. Subsection (4) of section 334.049, Florida
  933  Statutes, is amended, and present subsection (5) of that section
  934  is renumbered as subsection (4), to read:
  935         334.049 Patents, copyrights, trademarks; notice to
  936  Department of State; confidentiality of trade secrets.—
  937         (4)Any information obtained by the department as a result
  938  of research and development projects and revealing a method of
  939  process, production, or manufacture which is a trade secret as
  940  defined in s. 688.002, is confidential and exempt from the
  941  provisions of s. 119.07(1).
  942         Section 23. Section 350.121, Florida Statutes, is amended
  943  to read:
  944         350.121 Commission inquiries; confidentiality of business
  945  material.—If the commission undertakes an inquiry, any records,
  946  documents, papers, maps, books, tapes, photographs, files, sound
  947  recordings, or other business material, regardless of form or
  948  characteristics, obtained by the commission incident to the
  949  inquiry are considered confidential and exempt from s. 119.07(1)
  950  while the inquiry is pending. If at the conclusion of an inquiry
  951  the commission undertakes a formal proceeding, any matter
  952  determined by the commission or by a judicial or administrative
  953  body, federal or state, to be trade secrets or proprietary
  954  confidential business information coming into its possession
  955  pursuant to such inquiry shall be considered confidential and
  956  exempt from s. 119.07(1). Such material may be used in any
  957  administrative or judicial proceeding so long as the
  958  confidential or proprietary nature of the material is
  959  maintained.
  960         Section 24. Subsection (3) of section 364.183, Florida
  961  Statutes, is amended to read:
  962         364.183 Access to company records.—
  963         (3) The term “proprietary confidential business
  964  information” means information, regardless of form or
  965  characteristics, which is owned or controlled by the person or
  966  company, is intended to be and is treated by the person or
  967  company as private in that the disclosure of the information
  968  would cause harm to the ratepayers or the person’s or company’s
  969  business operations, and has not been disclosed unless disclosed
  970  pursuant to a statutory provision, an order of a court or
  971  administrative body, or private agreement that provides that the
  972  information will not be released to the public. The term
  973  includes, but is not limited to:
  974         (a)Trade secrets.
  975         (a)(b) Internal auditing controls and reports of internal
  976  auditors.
  977         (b)(c) Security measures, systems, or procedures.
  978         (c)(d) Information concerning bids or other contractual
  979  data, the disclosure of which would impair the efforts of the
  980  company or its affiliates to contract for goods or services on
  981  favorable terms.
  982         (d)(e) Information relating to competitive interests, the
  983  disclosure of which would impair the competitive business of the
  984  provider of information.
  985         (e)(f) Employee personnel information unrelated to
  986  compensation, duties, qualifications, or responsibilities.
  987         Section 25. Subsection (3) of section 365.174, Florida
  988  Statutes, is amended to read:
  989         365.174 Proprietary confidential business information.—
  990         (3) As used in this section, the term “proprietary
  991  confidential business information” means customer lists,
  992  customer numbers, individual or aggregate customer data by
  993  location, usage and capacity data, network facilities used to
  994  serve subscribers, technology descriptions, or technical
  995  information, or trade secrets, including trade secrets as
  996  defined in s. 812.081, and the actual or developmental costs of
  997  E911 systems that are developed, produced, or received
  998  internally by a provider or by a provider’s employees,
  999  directors, officers, or agents.
 1000         Section 26. Subsection (3) of section 366.093, Florida
 1001  Statutes, is amended to read:
 1002         366.093 Public utility records; confidentiality.—
 1003         (3) Proprietary confidential business information means
 1004  information, regardless of form or characteristics, which is
 1005  owned or controlled by the person or company, is intended to be
 1006  and is treated by the person or company as private in that the
 1007  disclosure of the information would cause harm to the ratepayers
 1008  or the person’s or company’s business operations, and has not
 1009  been disclosed unless disclosed pursuant to a statutory
 1010  provision, an order of a court or administrative body, or
 1011  private agreement that provides that the information will not be
 1012  released to the public. Proprietary confidential business
 1013  information includes, but is not limited to:
 1014         (a)Trade secrets.
 1015         (a)(b) Internal auditing controls and reports of internal
 1016  auditors.
 1017         (b)(c) Security measures, systems, or procedures.
 1018         (c)(d) Information concerning bids or other contractual
 1019  data, the disclosure of which would impair the efforts of the
 1020  public utility or its affiliates to contract for goods or
 1021  services on favorable terms.
 1022         (d)(e) Information relating to competitive interests, the
 1023  disclosure of which would impair the competitive business of the
 1024  provider of the information.
 1025         (e)(f) Employee personnel information unrelated to
 1026  compensation, duties, qualifications, or responsibilities.
 1027         Section 27. Subsection (3) of section 367.156, Florida
 1028  Statutes, is amended to read:
 1029         367.156 Public utility records; confidentiality.—
 1030         (3) Proprietary confidential business information means
 1031  information, regardless of form or characteristics, which is
 1032  owned or controlled by the person or company, is intended to be
 1033  and is treated by the person or company as private in that the
 1034  disclosure of the information would cause harm to the ratepayers
 1035  or the person’s or company’s business operations, and has not
 1036  been disclosed unless disclosed pursuant to a statutory
 1037  provision, an order of a court or administrative body, or a
 1038  private agreement that provides that the information will not be
 1039  released to the public. Proprietary business information
 1040  includes, but is not limited to:
 1041         (a)Trade secrets.
 1042         (a)(b) Internal auditing controls and reports of internal
 1043  auditors.
 1044         (b)(c) Security measures, systems, or procedures.
 1045         (c)(d) Information concerning bids or other contractual
 1046  data, the disclosure of which would impair the efforts of the
 1047  utility or its affiliates to contract for goods or services on
 1048  favorable terms.
 1049         (d)(e) Information relating to competitive interests, the
 1050  disclosure of which would impair the competitive businesses of
 1051  the provider of the information.
 1052         (e)(f) Employee personnel information unrelated to
 1053  compensation, duties, qualifications, or responsibilities.
 1054         Section 28. Subsection (3) of section 368.108, Florida
 1055  Statutes, is amended to read:
 1056         368.108 Confidentiality; discovery.—
 1057         (3) “Proprietary confidential business information” means
 1058  information, regardless of form or characteristics, which is
 1059  owned or controlled by the person or company, is intended to be
 1060  and is treated by the person or company as private in that the
 1061  disclosure of the information would cause harm to the ratepayers
 1062  or the person’s or company’s business operations, and has not
 1063  been disclosed unless disclosed pursuant to a statutory
 1064  provision, an order of a court or administrative body, or a
 1065  private agreement that provides that the information will not be
 1066  released to the public. The term “Proprietary confidential
 1067  business information” includes, but is not limited to:
 1068         (a)Trade secrets.
 1069         (a)(b) Internal auditing controls and reports of internal
 1070  auditors.
 1071         (b)(c) Security measures, systems, or procedures.
 1072         (c)(d) Information concerning bids or other contractual
 1073  data, the disclosure of which would impair the efforts of the
 1074  natural gas transmission company or its affiliates to contract
 1075  for goods or services on favorable terms.
 1076         (d)(e) Information relating to competitive interests, the
 1077  disclosure of which would impair the competitive business of the
 1078  provider of the information.
 1079         (e)(f) Employee personnel information unrelated to
 1080  compensation, duties, qualifications, or responsibilities.
 1081         Section 29. Paragraph (e) of subsection (1) of section
 1082  377.24075, Florida Statutes, is amended to read:
 1083         377.24075 Exemption from public records requirements.
 1084  Proprietary business information held by the Department of
 1085  Environmental Protection in accordance with its statutory duties
 1086  with respect to an application for a natural gas storage
 1087  facility permit is confidential and exempt from s. 119.07(1) and
 1088  s. 24(a), Art. I of the State Constitution.
 1089         (1) As used in this section, the term “proprietary business
 1090  information” means information that:
 1091         (e) Includes, but is not limited to:
 1092         1.Trade secrets as defined in s. 688.002.
 1093         1.2. Leasing plans, real property acquisition plans,
 1094  exploration budgets, or marketing studies, the disclosure of
 1095  which would impair the efforts of the applicant or its
 1096  affiliates to contract for goods or services or to acquire real
 1097  property interests on favorable terms.
 1098         2.3. Competitive interests, which may include well design
 1099  or completion plans, geological or engineering studies related
 1100  to storage reservoir performance characteristics, or field
 1101  utilization strategies or operating plans, the disclosure of
 1102  which would impair the competitive business of the applicant
 1103  providing the information.
 1104         Section 30. Section 381.83, Florida Statutes, is repealed.
 1105         Section 31. Paragraph (c) of subsection (2) of section
 1106  395.3035, Florida Statutes, is amended to read:
 1107         395.3035 Confidentiality of hospital records and meetings.—
 1108         (2) The following records and information of any hospital
 1109  that is subject to chapter 119 and s. 24(a), Art. I of the State
 1110  Constitution are confidential and exempt from the provisions of
 1111  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1112         (c) Trade secrets, as defined in s. 688.002, including
 1113  Reimbursement methodologies and rates.
 1114         Section 32. Subsection (2) and paragraph (b) of subsection
 1115  (3) of section 403.7046, Florida Statutes, are amended to read:
 1116         403.7046 Regulation of recovered materials.—
 1117         (2) Notwithstanding s. 688.01, information reported
 1118  pursuant to this section or any rule adopted pursuant to this
 1119  section which, if disclosed, would reveal a trade secret, as
 1120  defined in s. 688.01, may be provided by the department s.
 1121  812.081, is confidential and exempt from s. 119.07(1) and s.
 1122  24(a), Art. I of the State Constitution. For reporting or
 1123  information purposes, however, the department may provide this
 1124  information in such form that the names of the persons reporting
 1125  such information and the specific information reported are not
 1126  revealed. This subsection is subject to the Open Government
 1127  Sunset Review Act in accordance with s. 119.15 and shall stand
 1128  repealed on October 2, 2021, unless reviewed and saved from
 1129  repeal through reenactment by the Legislature.
 1130         (3) Except as otherwise provided in this section or
 1131  pursuant to a special act in effect on or before January 1,
 1132  1993, a local government may not require a commercial
 1133  establishment that generates source-separated recovered
 1134  materials to sell or otherwise convey its recovered materials to
 1135  the local government or to a facility designated by the local
 1136  government, nor may the local government restrict such a
 1137  generator’s right to sell or otherwise convey such recovered
 1138  materials to any properly certified recovered materials dealer
 1139  who has satisfied the requirements of this section. A local
 1140  government may not enact any ordinance that prevents such a
 1141  dealer from entering into a contract with a commercial
 1142  establishment to purchase, collect, transport, process, or
 1143  receive source-separated recovered materials.
 1144         (b)1. Before engaging in business within the jurisdiction
 1145  of the local government, a recovered materials dealer or
 1146  pyrolysis facility must provide the local government with a copy
 1147  of the certification provided for in this section. In addition,
 1148  the local government may establish a registration process
 1149  whereby a recovered materials dealer or pyrolysis facility must
 1150  register with the local government before engaging in business
 1151  within the jurisdiction of the local government. Such
 1152  registration process is limited to requiring the dealer or
 1153  pyrolysis facility to register its name, including the owner or
 1154  operator of the dealer or pyrolysis facility, and, if the dealer
 1155  or pyrolysis facility is a business entity, its general or
 1156  limited partners, its corporate officers and directors, its
 1157  permanent place of business, evidence of its certification under
 1158  this section, and a certification that the recovered materials
 1159  or post-use polymers will be processed at a recovered materials
 1160  processing facility or pyrolysis facility satisfying the
 1161  requirements of this section. The local government may not use
 1162  the information provided in the registration application to
 1163  compete unfairly with the recovered materials dealer until 90
 1164  days after receipt of the application. All counties, and
 1165  municipalities whose population exceeds 35,000 according to the
 1166  population estimates determined pursuant to s. 186.901, may
 1167  establish a reporting process that must be limited to the
 1168  regulations, reporting format, and reporting frequency
 1169  established by the department pursuant to this section, which
 1170  must, at a minimum, include requiring the dealer or pyrolysis
 1171  facility to identify the types and approximate amount of
 1172  recovered materials or post-use polymers collected, recycled, or
 1173  reused during the reporting period; the approximate percentage
 1174  of recovered materials or post-use polymers reused, stored, or
 1175  delivered to a recovered materials processing facility or
 1176  pyrolysis facility or disposed of in a solid waste disposal
 1177  facility; and the locations where any recovered materials or
 1178  post-use polymers were disposed of as solid waste. The local
 1179  government may charge the dealer or pyrolysis facility a
 1180  registration fee commensurate with and no greater than the cost
 1181  incurred by the local government in operating its registration
 1182  program. Registration program costs are limited to those costs
 1183  associated with the activities described in this paragraph
 1184  subparagraph. Any reporting or registration process established
 1185  by a local government with regard to recovered materials or
 1186  post-use polymers is governed by this section and department
 1187  rules adopted pursuant thereto.
 1188         2.Information reported under this subsection which, if
 1189  disclosed, would reveal a trade secret, as defined in s.
 1190  812.081, is confidential and exempt from s. 119.07(1) and s.
 1191  24(a), Art. I of the State Constitution. This subparagraph is
 1192  subject to the Open Government Sunset Review Act in accordance
 1193  with s. 119.15 and shall stand repealed on October 2, 2021,
 1194  unless reviewed and saved from repeal through reenactment by the
 1195  Legislature.
 1196         Section 33. Section 403.73, Florida Statutes, is repealed.
 1197         Section 34. Paragraph (c) of subsection (1) of section
 1198  408.061, Florida Statutes, is amended to read:
 1199         408.061 Data collection; uniform systems of financial
 1200  reporting; information relating to physician charges;
 1201  confidential information; immunity.—
 1202         (1) The agency shall require the submission by health care
 1203  facilities, health care providers, and health insurers of data
 1204  necessary to carry out the agency’s duties and to facilitate
 1205  transparency in health care pricing data and quality measures.
 1206  Specifications for data to be collected under this section shall
 1207  be developed by the agency and applicable contract vendors, with
 1208  the assistance of technical advisory panels including
 1209  representatives of affected entities, consumers, purchasers, and
 1210  such other interested parties as may be determined by the
 1211  agency.
 1212         (c) Data to be submitted by health insurers may include,
 1213  but are not limited to: claims, payments to health care
 1214  facilities and health care providers as specified by rule,
 1215  premium, administration, and financial information. Data
 1216  submitted shall be certified by the chief financial officer, an
 1217  appropriate and duly authorized representative, or an employee
 1218  of the insurer that the information submitted is true and
 1219  accurate. Information that is considered a trade secret under s.
 1220  812.081 shall be clearly designated.
 1221         Section 35. Subsection (1) of section 408.185, Florida
 1222  Statutes, is amended, and present subsections (2) through (5) of
 1223  that section are renumbered as subsections (1) through (4),
 1224  respectively, to read:
 1225         408.185 Information submitted for review of antitrust
 1226  issues; confidentiality.—The following information held by the
 1227  Office of the Attorney General, which is submitted by a member
 1228  of the health care community pursuant to a request for an
 1229  antitrust no-action letter shall be confidential and exempt from
 1230  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1231  Constitution for 1 year after the date of submission.
 1232         (1)Documents that reveal trade secrets as defined in s.
 1233  688.002.
 1234         Section 36. Paragraph (a) of subsection (14) of section
 1235  408.910, Florida Statutes, is amended to read:
 1236         408.910 Florida Health Choices Program.—
 1237         (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
 1238         (a) Definitions.—For purposes of this subsection, the term:
 1239         1. “Buyer’s representative” means a participating insurance
 1240  agent as described in paragraph (4)(g).
 1241         2. “Enrollee” means an employer who is eligible to enroll
 1242  in the program pursuant to paragraph (4)(a).
 1243         3. “Participant” means an individual who is eligible to
 1244  participate in the program pursuant to paragraph (4)(b).
 1245         4. “Proprietary confidential business information” means
 1246  information, regardless of form or characteristics, that is
 1247  owned or controlled by a vendor requesting confidentiality under
 1248  this section; that is intended to be and is treated by the
 1249  vendor as private in that the disclosure of the information
 1250  would cause harm to the business operations of the vendor; that
 1251  has not been disclosed unless disclosed pursuant to a statutory
 1252  provision, an order of a court or administrative body, or a
 1253  private agreement providing that the information may be released
 1254  to the public; and that is information concerning:
 1255         a. Business plans.
 1256         b. Internal auditing controls and reports of internal
 1257  auditors.
 1258         c. Reports of external auditors for privately held
 1259  companies.
 1260         d. Client and customer lists.
 1261         e. Potentially patentable material.
 1262         f.A trade secret as defined in s. 688.002.
 1263         5. “Vendor” means a participating insurer or other provider
 1264  of services as described in paragraph (4)(d).
 1265         Section 37. Section 409.91196, Florida Statutes, is amended
 1266  to read:
 1267         409.91196 Supplemental rebate agreements; public records
 1268  and public meetings exemption.—
 1269         (1) The rebate amount, percent of rebate, manufacturer’s
 1270  pricing, and supplemental rebate, and other trade secrets as
 1271  defined in s. 688.002 that the agency has identified for use in
 1272  negotiations, held by the Agency for Health Care Administration
 1273  under s. 409.912(5)(a)7. are confidential and exempt from s.
 1274  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1275         (2) That portion of a meeting of the Medicaid
 1276  Pharmaceutical and Therapeutics Committee at which the rebate
 1277  amount, percent of rebate, manufacturer’s pricing, or
 1278  supplemental rebate, or other confidential and exempt trade
 1279  secrets as provided for in s. 688.01 which defined in s. 688.002
 1280  that the agency has identified for use in negotiations, are
 1281  discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
 1282  State Constitution. A record shall be made of each exempt
 1283  portion of a meeting. Such record must include the times of
 1284  commencement and termination, all discussions and proceedings,
 1285  the names of all persons present at any time, and the names of
 1286  all persons speaking. No exempt portion of a meeting may be held
 1287  off the record.
 1288         Section 38. Subsection (2) of section 440.108, Florida
 1289  Statutes, is amended to read:
 1290         440.108 Investigatory records relating to workers’
 1291  compensation employer compliance; confidentiality.—
 1292         (2) After an investigation is completed or ceases to be
 1293  active, information in records relating to the investigation
 1294  remains confidential and exempt from the provisions of s.
 1295  119.07(1) and s. 24(a), Art. I of the State Constitution if
 1296  disclosure of that information would:
 1297         (a) Jeopardize the integrity of another active
 1298  investigation;
 1299         (b) Reveal a trade secret, as defined in s. 688.002;
 1300         (b)(c) Reveal business or personal financial information;
 1301         (c)(d) Reveal personal identifying information regarding
 1302  the identity of a confidential source;
 1303         (d)(e) Defame or cause unwarranted damage to the good name
 1304  or reputation of an individual or jeopardize the safety of an
 1305  individual; or
 1306         (e)(f) Reveal investigative techniques or procedures.
 1307         Section 39. Paragraph (c) of subsection (1) of section
 1308  494.00125, Florida Statutes, is amended to read:
 1309         494.00125 Public records exemptions.—
 1310         (1) INVESTIGATIONS OR EXAMINATIONS.—
 1311         (c) Except as necessary for the office to enforce the
 1312  provisions of this chapter, a consumer complaint and other
 1313  information relative to an investigation or examination shall
 1314  remain confidential and exempt from s. 119.07(1) after the
 1315  investigation or examination is completed or ceases to be active
 1316  to the extent disclosure would:
 1317         1. Jeopardize the integrity of another active investigation
 1318  or examination.
 1319         2. Reveal the name, address, telephone number, social
 1320  security number, or any other identifying number or information
 1321  of any complainant, customer, or account holder.
 1322         3. Disclose the identity of a confidential source.
 1323         4. Disclose investigative techniques or procedures.
 1324         5.Reveal a trade secret as defined in s. 688.002.
 1325         Section 40. Subsection (4) of section 497.172, Florida
 1326  Statutes, is amended to read:
 1327         497.172 Public records exemptions; public meetings
 1328  exemptions.—
 1329         (4)TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
 1330  held by the department or board, are confidential and exempt
 1331  from s. 119.07(1) and s. 24(a), Art. I of the State
 1332  Constitution.
 1333         Section 41. Paragraph (c) of subsection (3) of section
 1334  499.012, Florida Statutes, is amended to read:
 1335         499.012 Permit application requirements.—
 1336         (3)
 1337         (c)Information submitted by an applicant on an application
 1338  required pursuant to this subsection which is a trade secret, as
 1339  defined in s. 812.081, shall be maintained by the department as
 1340  trade secret information pursuant to s. 499.051(7).
 1341         Section 42. Subsection (7) of section 499.0121, Florida
 1342  Statutes, is amended to read:
 1343         499.0121 Storage and handling of prescription drugs;
 1344  recordkeeping.—The department shall adopt rules to implement
 1345  this section as necessary to protect the public health, safety,
 1346  and welfare. Such rules shall include, but not be limited to,
 1347  requirements for the storage and handling of prescription drugs
 1348  and for the establishment and maintenance of prescription drug
 1349  distribution records.
 1350         (7) PRESCRIPTION DRUG PURCHASE LIST.—
 1351         (a) Each wholesale distributor, except for a manufacturer,
 1352  shall annually provide the department with a written list of all
 1353  wholesale distributors and manufacturers from whom the wholesale
 1354  distributor purchases prescription drugs. A wholesale
 1355  distributor, except a manufacturer, shall notify the department
 1356  not later than 10 days after any change to either list.
 1357         (b)Such portions of the information required pursuant to
 1358  this subsection which are a trade secret, as defined in s.
 1359  812.081, shall be maintained by the department as trade secret
 1360  information is required to be maintained under s. 499.051. This
 1361  paragraph is subject to the Open Government Sunset Review Act in
 1362  accordance with s. 119.15 and shall stand repealed on October 2,
 1363  2021, unless reviewed and saved from repeal through reenactment
 1364  by the Legislature.
 1365         Section 43. Paragraph (g) of subsection (1) of section
 1366  499.05, Florida Statutes, is amended to read:
 1367         499.05 Rules.—
 1368         (1) The department shall adopt rules to implement and
 1369  enforce this chapter with respect to:
 1370         (g) Inspections and investigations conducted under s.
 1371  499.051 or s. 499.93, and the identification of information
 1372  claimed to be a trade secret and exempt from the public records
 1373  law as provided in s. 499.051(7).
 1374         Section 44. Paragraph (b) of subsection (7) of section
 1375  499.051, Florida Statutes, is amended, and paragraph (c) of that
 1376  subsection is redesignated as paragraph (b), to read:
 1377         499.051 Inspections and investigations.—
 1378         (7)
 1379         (b)Information that constitutes a trade secret, as defined
 1380  in s. 812.081, contained in the complaint or obtained by the
 1381  department pursuant to the investigation must remain
 1382  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1383  of the State Constitution as long as the information is held by
 1384  the department. This paragraph is subject to the Open Government
 1385  Sunset Review Act in accordance with s. 119.15 and shall stand
 1386  repealed on October 2, 2021, unless reviewed and saved from
 1387  repeal through reenactment by the Legislature.
 1388         Section 45. Section 499.931, Florida Statutes, is repealed.
 1389         Section 46. Paragraph (d) of subsection (11) of section
 1390  501.171, Florida Statutes, is amended to read:
 1391         501.171 Security of confidential personal information.—
 1392         (11) PUBLIC RECORDS EXEMPTION.—
 1393         (d) For purposes of this subsection, the term “proprietary
 1394  information” means information that:
 1395         1. Is owned or controlled by the covered entity.
 1396         2. Is intended to be private and is treated by the covered
 1397  entity as private because disclosure would harm the covered
 1398  entity or its business operations.
 1399         3. Has not been disclosed except as required by law or a
 1400  private agreement that provides that the information will not be
 1401  released to the public.
 1402         4. Is not publicly available or otherwise readily
 1403  ascertainable through proper means from another source in the
 1404  same configuration as received by the department.
 1405         5. Includes:
 1406         a.Trade secrets as defined in s. 688.002.
 1407         b. competitive interests, the disclosure of which would
 1408  impair the competitive business of the covered entity who is the
 1409  subject of the information.
 1410         Section 47. Section 502.222, Florida Statutes, is repealed.
 1411         Section 48. Paragraph (b) of subsection (1) of section
 1412  517.2015, Florida Statutes, is amended to read:
 1413         517.2015 Confidentiality of information relating to
 1414  investigations and examinations.—
 1415         (1)
 1416         (b) Except as necessary for the office to enforce the
 1417  provisions of this chapter, a consumer complaint and other
 1418  information relative to an investigation or examination shall
 1419  remain confidential and exempt from s. 119.07(1) after the
 1420  investigation or examination is completed or ceases to be active
 1421  to the extent disclosure would:
 1422         1. Jeopardize the integrity of another active investigation
 1423  or examination.
 1424         2. Reveal the name, address, telephone number, social
 1425  security number, or any other identifying number or information
 1426  of any complainant, customer, or account holder.
 1427         3. Disclose the identity of a confidential source.
 1428         4. Disclose investigative techniques or procedures.
 1429         5.Reveal a trade secret as defined in s. 688.002.
 1430         Section 49. Paragraph (b) of subsection (1) of section
 1431  520.9965, Florida Statutes, is amended to read:
 1432         520.9965 Confidentiality of information relating to
 1433  investigations and examinations.—
 1434         (1)
 1435         (b) Except as necessary for the office to enforce the
 1436  provisions of this chapter, a consumer complaint and other
 1437  information relative to an investigation or examination shall
 1438  remain confidential and exempt from s. 119.07(1) after the
 1439  investigation or examination is completed or ceases to be active
 1440  to the extent disclosure would:
 1441         1. Jeopardize the integrity of another active investigation
 1442  or examination.
 1443         2. Reveal the name, address, telephone number, social
 1444  security number, or any other identifying number or information
 1445  of any complainant, customer, or account holder.
 1446         3. Disclose the identity of a confidential source.
 1447         4. Disclose investigative techniques or procedures.
 1448         5.Reveal a trade secret as defined in s. 688.002.
 1449         Section 50. Subsection (2) of section 526.311, Florida
 1450  Statutes, is amended to read:
 1451         526.311 Enforcement; civil penalties; injunctive relief.—
 1452         (2) The Department of Agriculture and Consumer Services
 1453  shall investigate any complaints regarding violations of this
 1454  act and may request in writing the production of documents and
 1455  records as part of its investigation of a complaint. If the
 1456  person upon whom such request was made fails to produce the
 1457  documents or records within 30 days after the date of the
 1458  request, the department, through the department’s office of
 1459  general counsel, may issue and serve a subpoena to compel the
 1460  production of such documents and records. If any person shall
 1461  refuse to comply with a subpoena issued under this section, the
 1462  department may petition a court of competent jurisdiction to
 1463  enforce the subpoena and assess such sanctions as the court may
 1464  direct. Refiners shall afford the department reasonable access
 1465  to the refiners’ posted terminal price. Any records, documents,
 1466  papers, maps, books, tapes, photographs, files, sound
 1467  recordings, or other business material, regardless of form or
 1468  characteristics, obtained by the department are confidential and
 1469  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1470  of the State Constitution while the investigation is pending. At
 1471  the conclusion of an investigation, any matter determined by the
 1472  department or by a judicial or administrative body, federal or
 1473  state, to be a trade secret or proprietary confidential business
 1474  information held by the department pursuant to such
 1475  investigation shall be considered confidential and exempt from
 1476  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1477  Constitution. Such materials may be used in any administrative
 1478  or judicial proceeding so long as the confidential or
 1479  proprietary nature of the material is maintained.
 1480         Section 51. Paragraph (e) of subsection (1) of section
 1481  548.062, Florida Statutes, is amended to read:
 1482         548.062 Public records exemption.—
 1483         (1) As used in this section, the term “proprietary
 1484  confidential business information” means information that:
 1485         (e) Concerns any of the following:
 1486         1. The number of ticket sales for a match;
 1487         2. The amount of gross receipts after a match;
 1488         3.A trade secret, as defined in s. 688.002;
 1489         3.4. Business plans;
 1490         4.5. Internal auditing controls and reports of internal
 1491  auditors; or
 1492         5.6. Reports of external auditors.
 1493         Section 52. Paragraph (a) of subsection (1) of section
 1494  556.113, Florida Statutes, is amended to read:
 1495         556.113 Sunshine State One-Call of Florida, Inc.; public
 1496  records exemption.—
 1497         (1) As used in this section, the term “proprietary
 1498  confidential business information” means information provided
 1499  by:
 1500         (a) A member operator which is a map, plan, facility
 1501  location diagram, internal damage investigation report or
 1502  analysis, or dispatch methodology, or trade secret as defined in
 1503  s. 688.002, or which describes the exact location of a utility
 1504  underground facility or the protection, repair, or restoration
 1505  thereof, and:
 1506         1. Is intended to be and is treated by the member operator
 1507  as confidential;
 1508         2. The disclosure of which would likely be used by a
 1509  competitor to harm the business interests of the member operator
 1510  or could be used for the purpose of inflicting damage on
 1511  underground facilities; and
 1512         3. Is not otherwise readily ascertainable or publicly
 1513  available by proper means by other persons from another source
 1514  in the same configuration as provided to Sunshine State One-Call
 1515  of Florida, Inc.
 1516         Section 53. Paragraph (b) of subsection (2) of section
 1517  559.5558, Florida Statutes, is amended to read:
 1518         559.5558 Public records exemption; investigations and
 1519  examinations.—
 1520         (2)
 1521         (b) Information made confidential and exempt pursuant to
 1522  this section is no longer confidential and exempt once the
 1523  investigation or examination is completed or ceases to be active
 1524  unless disclosure of the information would:
 1525         1. Jeopardize the integrity of another active investigation
 1526  or examination.
 1527         2. Reveal the personal identifying information of a
 1528  consumer, unless the consumer is also the complainant. A
 1529  complainant’s personal identifying information is subject to
 1530  disclosure after the investigation or examination is completed
 1531  or ceases to be active. However, a complainant’s personal
 1532  financial and health information remains confidential and
 1533  exempt.
 1534         3. Reveal the identity of a confidential source.
 1535         4. Reveal investigative or examination techniques or
 1536  procedures.
 1537         5.Reveal trade secrets, as defined in s. 688.002.
 1538         Section 54. Paragraph (c) of subsection (3) of section
 1539  559.9285, Florida Statutes, is amended to read:
 1540         559.9285 Certification of business activities.—
 1541         (3) The department shall specify by rule the form of each
 1542  certification under this section which shall include the
 1543  following information:
 1544         (c) The legal name, any trade names or fictitious names,
 1545  mailing address, physical address, telephone number or numbers,
 1546  facsimile number or numbers, and all Internet and electronic
 1547  contact information of every other commercial entity with which
 1548  the certifying party engages in business or commerce that is
 1549  related in any way to the certifying party’s business or
 1550  commerce with any terrorist state. The information disclosed
 1551  pursuant to this paragraph does not constitute customer lists
 1552  or, customer names, or trade secrets protected under s.
 1553  570.544(8) or trade secrets protected under s. 688.01.
 1554         Section 55. Subsection (2) of section 560.129, Florida
 1555  Statutes, is amended to read:
 1556         560.129 Confidentiality.—
 1557         (2) All information obtained by the office in the course of
 1558  its investigation or examination which is a trade secret, as
 1559  defined in s. 688.002, or which is personal financial
 1560  information shall remain confidential and exempt from s.
 1561  119.07(1) and s. 24(a), Art. I of the State Constitution. If any
 1562  administrative, civil, or criminal proceeding against a money
 1563  services business, its authorized vendor, or an affiliated party
 1564  is initiated and the office seeks to use matter that a licensee
 1565  believes to be a trade secret or personal financial information,
 1566  such records shall be subject to an in camera review by the
 1567  administrative law judge, if the matter is before the Division
 1568  of Administrative Hearings, or a judge of any court of this
 1569  state, any other state, or the United States, as appropriate,
 1570  for the purpose of determining if the matter is a trade secret
 1571  or is personal financial information. If it is determined that
 1572  the matter is a trade secret, the matter shall remain
 1573  confidential. If it is determined that the matter is personal
 1574  financial information, the matter shall remain confidential
 1575  unless the administrative law judge or judge determines that, in
 1576  the interests of justice, the matter should become public.
 1577         Section 56. Subsection (2) of section 569.215, Florida
 1578  Statutes, is amended to read:
 1579         569.215 Confidential records relating to tobacco settlement
 1580  agreement.—
 1581         (2) As used in this section, the term “proprietary
 1582  confidential business information” means information, regardless
 1583  of form or characteristics, which is owned or controlled by a
 1584  tobacco company that is a signatory to the settlement agreement,
 1585  as amended, in the case of State of Florida et al. v. American
 1586  Tobacco Company et al., No. 95-1466AH, in the Circuit Court of
 1587  the Fifteenth Judicial Circuit, in and for Palm Beach County, is
 1588  intended to be and is treated by a tobacco company as private in
 1589  that the disclosure of the information would cause harm to the
 1590  company’s business operations, and has not been disclosed unless
 1591  disclosed pursuant to a statutory provision, an order of a court
 1592  or administrative body, or private agreement that provides that
 1593  the information will not be released to the public. The term
 1594  includes, but is not limited to:
 1595         (a)Trade secrets as defined in s. 688.002.
 1596         (a)(b) Information in a Form 10-K that is confidential
 1597  pursuant to an order of the Division of Corporation Finance of
 1598  the Securities and Exchange Commission.
 1599         (b)(c) Internal auditing control policies and procedures
 1600  and reports of internal auditors.
 1601         (c)(d) Financial operating and marketing information
 1602  prepared in the ordinary course of business, the disclosure of
 1603  which could impair the competitive business of the provider of
 1604  information.
 1605         (d)(e) Financial statements, which consist of balance
 1606  sheets, statements of income and cash flows, and notes related
 1607  thereto, of any subsidiary that is part of a consolidated group
 1608  and engaged in the production or sale of tobacco products.
 1609         (e)(f) Report letters from independent auditors relating to
 1610  domestic operating company income.
 1611         (f)(g) Analyses of specific items of revenue and expense
 1612  included in operating profit and extraordinary items. As used in
 1613  this paragraph, the term “extraordinary items” consists of one
 1614  time tobacco litigation settlement costs and restructuring
 1615  charges.
 1616         (g)(h) Working papers, schedules, analyses, and
 1617  reconciliations prepared by company personnel for the purpose of
 1618  clarifying the disclosures of domestic tobacco revenues and
 1619  operating profit contained in financial statements or other
 1620  information related to the sale or production of tobacco
 1621  products.
 1622         Section 57. Subsection (3) of section 570.48, Florida
 1623  Statutes, is amended to read:
 1624         570.48 Division of Fruit and Vegetables; powers and duties;
 1625  records.—The duties of the Division of Fruit and Vegetables
 1626  include, but are not limited to:
 1627         (3) Maintaining the records of the division. The records of
 1628  the division are public records.; however, trade secrets as
 1629  defined in s. 812.081 are confidential and exempt from s.
 1630  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 1631  subsection is subject to the Open Government Sunset Review Act
 1632  in accordance with s. 119.15 and shall stand repealed on October
 1633  2, 2021, unless reviewed and saved from repeal through
 1634  reenactment by the Legislature. This Section 688.01 may not be
 1635  construed to prohibit:
 1636         (a)A disclosure necessary to enforcement procedures.
 1637         (b)The department from releasing information to other
 1638  governmental agencies. Other governmental agencies that receive
 1639  confidential information from the department under this
 1640  subsection shall maintain the confidentiality of that
 1641  information.
 1642         (c) the department or other agencies from compiling and
 1643  publishing appropriate data regarding procedures, yield,
 1644  recovery, quality, and related matters, provided such released
 1645  data do not reveal by whom the activity to which the data relate
 1646  was conducted.
 1647         Section 58. Subsection (8) of section 570.544, Florida
 1648  Statutes, is amended to read:
 1649         570.544 Division of Consumer Services; director; powers;
 1650  processing of complaints; records.—
 1651         (8) The records of the Division of Consumer Services are
 1652  public records. However, customer lists and, customer names, and
 1653  trade secrets are confidential and exempt from the provisions of
 1654  s. 119.07(1). Disclosure necessary to enforcement procedures
 1655  does not violate this prohibition.
 1656         Section 59. Subsection (2) of section 573.123, Florida
 1657  Statutes, is amended, and present subsections (3) and (4) of
 1658  that section are renumbered as subsections (2) and (3),
 1659  respectively, to read:
 1660         573.123 Maintenance and production of records.—
 1661         (2)Information that, if disclosed, would reveal a trade
 1662  secret, as defined in s. 812.081, of any person subject to a
 1663  marketing order is confidential and exempt from s. 119.07(1) and
 1664  s. 24(a), Art. I of the State Constitution and may not be
 1665  disclosed except to an attorney who provides legal advice to the
 1666  division about enforcing a marketing order or by court order. A
 1667  person who receives confidential information under this
 1668  subsection shall maintain the confidentiality of that
 1669  information. This subsection is subject to the Open Government
 1670  Sunset Review Act in accordance with s. 119.15 and shall stand
 1671  repealed on October 2, 2021, unless reviewed and saved from
 1672  repeal through reenactment by the Legislature.
 1673         Section 60. Section 581.199, Florida Statutes, is repealed.
 1674         Section 61. Paragraph (b) of subsection (8) of section
 1675  601.10, Florida Statutes, is amended, and present paragraph (c)
 1676  of that subsection is redesignated as paragraph (b), to read:
 1677         601.10 Powers of the Department of Citrus.—The department
 1678  shall have and shall exercise such general and specific powers
 1679  as are delegated to it by this chapter and other statutes of the
 1680  state, which powers shall include, but are not limited to, the
 1681  following:
 1682         (8)
 1683         (b)Any information provided to the department which
 1684  constitutes a trade secret as defined in s. 812.081 is
 1685  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1686  of the State Constitution. This paragraph is subject to the Open
 1687  Government Sunset Review Act in accordance with s. 119.15 and
 1688  shall stand repealed on October 2, 2021, unless reviewed and
 1689  saved from repeal through reenactment by the Legislature.
 1690         Section 62. Paragraph (d) of subsection (7) of section
 1691  601.15, Florida Statutes, is amended to read:
 1692         601.15 Advertising campaign; methods of conducting;
 1693  assessments; emergency reserve fund; citrus research.—
 1694         (7) All assessments levied and collected under this chapter
 1695  shall be paid into the State Treasury on or before the 15th day
 1696  of each month. Such moneys shall be accounted for in a special
 1697  fund to be designated as the Florida Citrus Advertising Trust
 1698  Fund, and all moneys in such fund are appropriated to the
 1699  department for the following purposes:
 1700         (d)1. The pro rata portion of moneys allocated to each type
 1701  of citrus product in noncommodity programs shall be used by the
 1702  department to encourage substantial increases in the
 1703  effectiveness, frequency, and volume of noncommodity
 1704  advertising, merchandising, publicity, and sales promotion of
 1705  such citrus products through rebates and incentive payments to
 1706  handlers and trade customers for these activities. The
 1707  department shall adopt rules providing for the use of such
 1708  moneys. The rules shall establish alternate incentive programs,
 1709  including at least one incentive program for product sold under
 1710  advertised brands, one incentive program for product sold under
 1711  private label brands, and one incentive program for product sold
 1712  in bulk. For each incentive program, the rules must establish
 1713  eligibility and performance requirements and must provide
 1714  appropriate limitations on amounts payable to a handler or trade
 1715  customer for a particular season. Such limitations may relate to
 1716  the amount of citrus assessments levied and collected on the
 1717  citrus product handled by such handler or trade customer during
 1718  a 12-month representative period.
 1719         2. The department may require from participants in
 1720  noncommodity advertising and promotional programs commercial
 1721  information necessary to determine eligibility for and
 1722  performance in such programs. Any information required which
 1723  constitutes a trade secret as defined in s. 812.081 is
 1724  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1725  of the State Constitution. This subparagraph is subject to the
 1726  Open Government Sunset Review Act in accordance with s. 119.15
 1727  and shall stand repealed on October 2, 2021, unless reviewed and
 1728  saved from repeal through reenactment by the Legislature.
 1729         Section 63. Paragraph (c) of subsection (8) of section
 1730  601.152, Florida Statutes, is amended to read:
 1731         601.152 Special marketing orders.—
 1732         (8)
 1733         (c)1. Every handler shall, at such times as the department
 1734  may require, file with the department a return, not under oath,
 1735  on forms to be prescribed and furnished by the department,
 1736  certified as true and correct, stating the quantity of the type,
 1737  variety, and form of citrus fruit or citrus product specified in
 1738  the marketing order first handled in the primary channels of
 1739  trade in the state by such handler during the period of time
 1740  specified in the marketing order. Such returns must contain any
 1741  further information deemed by the department to be reasonably
 1742  necessary to properly administer or enforce this section or any
 1743  marketing order implemented under this section.
 1744         2.Information that, if disclosed, would reveal a trade
 1745  secret, as defined in s. 812.081, of any person subject to a
 1746  marketing order is confidential and exempt from s. 119.07(1) and
 1747  s. 24(a), Art. I of the State Constitution. This subparagraph is
 1748  subject to the Open Government Sunset Review Act in accordance
 1749  with s. 119.15 and shall stand repealed on October 2, 2021,
 1750  unless reviewed and saved from repeal through reenactment by the
 1751  Legislature.
 1752         Section 64. Section 601.76, Florida Statutes, is repealed.
 1753         Section 65. Subsection (6) of section 607.0505, Florida
 1754  Statutes, is amended to read:
 1755         607.0505 Registered agent; duties.—
 1756         (6) Information provided to, and records and transcriptions
 1757  of testimony obtained by, the Department of Legal Affairs
 1758  pursuant to this section are confidential and exempt from the
 1759  provisions of s. 119.07(1) while the investigation is active.
 1760  For purposes of this section, an investigation shall be
 1761  considered “active” while such investigation is being conducted
 1762  with a reasonable, good faith belief that it may lead to the
 1763  filing of an administrative, civil, or criminal proceeding. An
 1764  investigation does not cease to be active so long as the
 1765  department is proceeding with reasonable dispatch and there is a
 1766  good faith belief that action may be initiated by the department
 1767  or other administrative or law enforcement agency. Except for
 1768  active criminal intelligence or criminal investigative
 1769  information, as defined in s. 119.011, and information which, if
 1770  disclosed, would reveal a trade secret, as defined in s.
 1771  688.002, or would jeopardize the safety of an individual, all
 1772  information, records, and transcriptions become public record
 1773  when the investigation is completed or ceases to be active. The
 1774  department shall not disclose confidential information, records,
 1775  or transcriptions of testimony except pursuant to the
 1776  authorization by the Attorney General in any of the following
 1777  circumstances:
 1778         (a) To a law enforcement agency participating in or
 1779  conducting a civil investigation under chapter 895, or
 1780  participating in or conducting a criminal investigation.
 1781         (b) In the course of filing, participating in, or
 1782  conducting a judicial proceeding instituted pursuant to this
 1783  section or chapter 895.
 1784         (c) In the course of filing, participating in, or
 1785  conducting a judicial proceeding to enforce an order or judgment
 1786  entered pursuant to this section or chapter 895.
 1787         (d) In the course of a criminal or civil proceeding.
 1788  
 1789  A person or law enforcement agency which receives any
 1790  information, record, or transcription of testimony that has been
 1791  made confidential by this subsection shall maintain the
 1792  confidentiality of such material and shall not disclose such
 1793  information, record, or transcription of testimony except as
 1794  provided for herein. Any person who willfully discloses any
 1795  information, record, or transcription of testimony that has been
 1796  made confidential by this subsection, except as provided for
 1797  herein, is guilty of a misdemeanor of the first degree,
 1798  punishable as provided in s. 775.082 or s. 775.083. If any
 1799  information, record, or testimony obtained pursuant to
 1800  subsection (2) is offered in evidence in any judicial
 1801  proceeding, the court may, in its discretion, seal that portion
 1802  of the record to further the policies of confidentiality set
 1803  forth herein.
 1804         Section 66. Subsection (6) of section 617.0503, Florida
 1805  Statutes, is amended to read:
 1806         617.0503 Registered agent; duties; confidentiality of
 1807  investigation records.—
 1808         (6) Information provided to, and records and transcriptions
 1809  of testimony obtained by, the Department of Legal Affairs
 1810  pursuant to this section are confidential and exempt from the
 1811  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1812  Constitution while the investigation is active. For purposes of
 1813  this section, an investigation shall be considered “active”
 1814  while such investigation is being conducted with a reasonable,
 1815  good faith belief that it may lead to the filing of an
 1816  administrative, civil, or criminal proceeding. An investigation
 1817  does not cease to be active so long as the department is
 1818  proceeding with reasonable dispatch and there is a good faith
 1819  belief that action may be initiated by the department or other
 1820  administrative or law enforcement agency. Except for active
 1821  criminal intelligence or criminal investigative information, as
 1822  defined in s. 119.011, and information which, if disclosed,
 1823  would reveal a trade secret, as defined in s. 688.002, or would
 1824  jeopardize the safety of an individual, all information,
 1825  records, and transcriptions become available to the public when
 1826  the investigation is completed or ceases to be active. The
 1827  department shall not disclose confidential information, records,
 1828  or transcriptions of testimony except pursuant to authorization
 1829  by the Attorney General in any of the following circumstances:
 1830         (a) To a law enforcement agency participating in or
 1831  conducting a civil investigation under chapter 895, or
 1832  participating in or conducting a criminal investigation.
 1833         (b) In the course of filing, participating in, or
 1834  conducting a judicial proceeding instituted pursuant to this
 1835  section or chapter 895.
 1836         (c) In the course of filing, participating in, or
 1837  conducting a judicial proceeding to enforce an order or judgment
 1838  entered pursuant to this section or chapter 895.
 1839         (d) In the course of a criminal proceeding.
 1840  
 1841  A person or law enforcement agency that receives any
 1842  information, record, or transcription of testimony that has been
 1843  made confidential by this subsection shall maintain the
 1844  confidentiality of such material and shall not disclose such
 1845  information, record, or transcription of testimony except as
 1846  provided for herein. Any person who willfully discloses any
 1847  information, record, or transcription of testimony that has been
 1848  made confidential by this subsection, except as provided for in
 1849  this subsection, commits a misdemeanor of the first degree,
 1850  punishable as provided in s. 775.082 or s. 775.083. If any
 1851  information, record, or testimony obtained pursuant to
 1852  subsection (2) is offered in evidence in any judicial
 1853  proceeding, the court may, in its discretion, seal that portion
 1854  of the record to further the policies of confidentiality set
 1855  forth in this subsection.
 1856         Section 67. Paragraph (c) of subsection (1) of section
 1857  624.4212, Florida Statutes, is amended to read:
 1858         624.4212 Confidentiality of proprietary business and other
 1859  information.—
 1860         (1) As used in this section, the term “proprietary business
 1861  information” means information, regardless of form or
 1862  characteristics, which is owned or controlled by an insurer, or
 1863  a person or an affiliated person who seeks acquisition of
 1864  controlling stock in a domestic stock insurer or controlling
 1865  company, and which:
 1866         (c) Includes:
 1867         1.Trade secrets as defined in s. 688.002 which comply with
 1868  s. 624.4213.
 1869         1.2. Information relating to competitive interests, the
 1870  disclosure of which would impair the competitive business of the
 1871  provider of the information.
 1872         2.3. The source, nature, and amount of the consideration
 1873  used or to be used in carrying out a merger or other acquisition
 1874  of control in the ordinary course of business, including the
 1875  identity of the lender, if the person filing a statement
 1876  regarding consideration so requests.
 1877         3.4. Information relating to bids or other contractual
 1878  data, the disclosure of which would impair the efforts of the
 1879  insurer or its affiliates to contract for goods or services on
 1880  favorable terms.
 1881         4.5. Internal auditing controls and reports of internal
 1882  auditors.
 1883         Section 68. Section 624.4213, Florida Statutes, is
 1884  repealed.
 1885         Section 69. Paragraph (d) of subsection (1) of section
 1886  626.84195, Florida Statutes, is amended to read:
 1887         626.84195 Confidentiality of information supplied by title
 1888  insurance agencies and insurers.—
 1889         (1) As used in this section, the term “proprietary business
 1890  information” means information that:
 1891         (d) Concerns:
 1892         1. Business plans;
 1893         2. Internal auditing controls and reports of internal
 1894  auditors;
 1895         3. Reports of external auditors for privately held
 1896  companies;
 1897         4.Trade secrets, as defined in s. 688.002; or
 1898         4.5. Financial information, including revenue data, loss
 1899  expense data, gross receipts, taxes paid, capital investment,
 1900  and employee wages.
 1901         Section 70. Subsection (2) of section 626.884, Florida
 1902  Statutes, is amended to read:
 1903         626.884 Maintenance of records by administrator; access;
 1904  confidentiality.—
 1905         (2) The office shall have access to books and records
 1906  maintained by the administrator for the purpose of examination,
 1907  audit, and inspection. Information contained in such books and
 1908  records is confidential and exempt from the provisions of s.
 1909  119.07(1) if the disclosure of such information would reveal a
 1910  trade secret as defined in s. 688.002. However, the office may
 1911  use such information in any proceeding instituted against the
 1912  administrator.
 1913         Section 71. Subsection (1) of section 626.9936, Florida
 1914  Statutes, is amended to read:
 1915         626.9936 Access to records.—
 1916         (1) Notwithstanding subsections (1) and (2) of Article
 1917  VIII, subsection (2) of Article X, and subsection (6) of Article
 1918  XII of the Interstate Insurance Product Regulation Compact, a
 1919  request by a resident of this state for public inspection and
 1920  copying of information, data, or official records that includes:
 1921         (a)An insurer’s trade secrets shall be referred to the
 1922  commissioner who shall respond to the request, with the
 1923  cooperation and assistance of the commission, in accordance with
 1924  s. 624.4213; or
 1925         (b) matters of privacy of individuals shall be referred to
 1926  the commissioner who shall respond to the request, with the
 1927  cooperation and assistance of the commission, in accordance with
 1928  s. 119.07(1).
 1929         Section 72. Paragraph (g) of subsection (3) of section
 1930  627.0628, Florida Statutes, is amended to read:
 1931         627.0628 Florida Commission on Hurricane Loss Projection
 1932  Methodology; public records exemption; public meetings
 1933  exemption.—
 1934         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
 1935         (g)1.A trade secret, as defined in s. 688.002, which is
 1936  used in designing and constructing a hurricane or flood loss
 1937  model and which is provided pursuant to this section, by a
 1938  private company, to the commission, office, or consumer advocate
 1939  appointed pursuant to s. 627.0613 is confidential and exempt
 1940  from s. 119.07(1) and s. 24(a), Art. I of the State
 1941  Constitution.
 1942         1.2.a. That portion of a meeting of the commission or of a
 1943  rate proceeding on an insurer’s rate filing at which a trade
 1944  secret made confidential and exempt pursuant to s. 688.01 by
 1945  this paragraph is discussed is exempt from s. 286.011 and s.
 1946  24(b), Art. I of the State Constitution. The closed meeting must
 1947  be recorded, and no portion of the closed meeting may be off the
 1948  record.
 1949         2.b. The recording of a closed portion of a meeting is
 1950  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1951  Constitution.
 1952         3.c. This paragraph is subject to the Open Government
 1953  Sunset Review Act in accordance with s. 119.15 and shall stand
 1954  repealed on October 2, 2019, unless reviewed and saved from
 1955  repeal through reenactment by the Legislature.
 1956         Section 73. Paragraph (a) of subsection (11) of section
 1957  627.3518, Florida Statutes, is amended to read:
 1958         627.3518 Citizens Property Insurance Corporation
 1959  policyholder eligibility clearinghouse program.—The purpose of
 1960  this section is to provide a framework for the corporation to
 1961  implement a clearinghouse program by January 1, 2014.
 1962         (11) Proprietary business information provided to the
 1963  corporation’s clearinghouse by insurers with respect to
 1964  identifying and selecting risks for an offer of coverage is
 1965  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1966  of the State Constitution.
 1967         (a) As used in this subsection, the term “proprietary
 1968  business information” means information, regardless of form or
 1969  characteristics, which is owned or controlled by an insurer and:
 1970         1. Is identified by the insurer as proprietary business
 1971  information and is intended to be and is treated by the insurer
 1972  as private in that the disclosure of the information would cause
 1973  harm to the insurer, an individual, or the company’s business
 1974  operations and has not been disclosed unless disclosed pursuant
 1975  to a statutory requirement, an order of a court or
 1976  administrative body, or a private agreement that provides that
 1977  the information will not be released to the public;
 1978         2. Is not otherwise readily ascertainable or publicly
 1979  available by proper means by other persons from another source
 1980  in the same configuration as provided to the clearinghouse; and
 1981         3. Includes, but is not limited to:
 1982         a.Trade secrets.
 1983         b. information relating to competitive interests, the
 1984  disclosure of which would impair the competitive business of the
 1985  provider of the information.
 1986  
 1987  Proprietary business information may be found in underwriting
 1988  criteria or instructions which are used to identify and select
 1989  risks through the program for an offer of coverage and are
 1990  shared with the clearinghouse to facilitate the shopping of
 1991  risks with the insurer.
 1992         Section 74. Present subsections (4), (5), (14), and (15) of
 1993  section 655.057, Florida Statutes, are amended, and present
 1994  subsections (5) through (15) of that section are renumbered as
 1995  subsections (4) through (14), respectively, to read:
 1996         655.057 Records; limited restrictions upon public access.—
 1997         (4)Except as otherwise provided in this section and except
 1998  for those portions that are otherwise public record, trade
 1999  secrets as defined in s. 688.002 which comply with s. 655.0591
 2000  and which are held by the office in accordance with its
 2001  statutory duties with respect to the financial institutions
 2002  codes are confidential and exempt from s. 119.07(1) and s.
 2003  24(a), Art. I of the State Constitution.
 2004         (4)(5)Neither this section nor s. 688.01 prevents or
 2005  restricts does not prevent or restrict:
 2006         (a) Publishing reports that are required to be submitted to
 2007  the office pursuant to s. 655.045(2) or required by applicable
 2008  federal statutes or regulations to be published.
 2009         (b) Furnishing records or information to any other state,
 2010  federal, or foreign agency responsible for the regulation or
 2011  supervision of financial institutions.
 2012         (c) Disclosing or publishing summaries of the condition of
 2013  financial institutions and general economic and similar
 2014  statistics and data, provided that the identity of a particular
 2015  financial institution is not disclosed.
 2016         (d) Reporting any suspected criminal activity, with
 2017  supporting documents and information, to appropriate law
 2018  enforcement and prosecutorial agencies.
 2019         (e) Furnishing information upon request to the Chief
 2020  Financial Officer or the Division of Treasury of the Department
 2021  of Financial Services regarding the financial condition of any
 2022  financial institution that is, or has applied to be, designated
 2023  as a qualified public depository pursuant to chapter 280.
 2024         (f) Furnishing information to Federal Home Loan Banks
 2025  regarding its member institutions pursuant to an information
 2026  sharing agreement between the Federal Home Loan Banks and the
 2027  office.
 2028  
 2029  Any confidential information or records obtained from the office
 2030  pursuant to this subsection shall be maintained as confidential
 2031  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2032  Constitution.
 2033         (13)(14)Subsection Subsections (3) is and (4) are subject
 2034  to the Open Government Sunset Review Act in accordance with s.
 2035  119.15 and is are repealed on October 2, 2019, unless reviewed
 2036  and saved from repeal through reenactment by the Legislature.
 2037         (14)(15) Subsections (1), (2), (4) (5), and (8) (9) are
 2038  subject to the Open Government Sunset Review Act in accordance
 2039  with s. 119.15 and are repealed on October 2, 2022, unless
 2040  reviewed and saved from repeal through reenactment by the
 2041  Legislature.
 2042         Section 75. Section 655.0591, Florida Statutes, is
 2043  repealed.
 2044         Section 76. Subsection (11) of section 663.533, Florida
 2045  Statutes, is amended to read:
 2046         663.533 Applicability of the financial institutions codes.
 2047  A qualified limited service affiliate is subject to the
 2048  financial institutions codes. Without limiting the foregoing,
 2049  the following provisions are applicable to a qualified limited
 2050  service affiliate:
 2051         (11) Section 688.01 655.0591, relating to trade secret
 2052  documents.
 2053  
 2054  This section does not prohibit the office from investigating or
 2055  examining an entity to ensure that it is not in violation of
 2056  this chapter or applicable provisions of the financial
 2057  institutions codes.
 2058         Section 77. Section 721.071, Florida Statutes, is repealed.
 2059         Section 78. Present subsections (3) and (4) of section
 2060  815.04, Florida Statutes, are amended, and present subsection
 2061  (5) of that section is renumbered as subsection (4), to read:
 2062         815.04 Offenses against intellectual property; public
 2063  records exemption.—
 2064         (3)Data, programs, or supporting documentation that is a
 2065  trade secret as defined in s. 812.081, that is held by an agency
 2066  as defined in chapter 119, and that resides or exists internal
 2067  or external to a computer, computer system, computer network, or
 2068  electronic device is confidential and exempt from the provisions
 2069  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2070  This subsection is subject to the Open Government Sunset Review
 2071  Act in accordance with s. 119.15 and shall stand repealed on
 2072  October 2, 2021, unless reviewed and saved from repeal through
 2073  reenactment by the Legislature.
 2074         (3)(4) A person who willfully, knowingly, and without
 2075  authorization discloses or takes data, programs, or supporting
 2076  documentation that is a trade secret as defined in s. 812.081 or
 2077  is confidential as provided by law residing or existing internal
 2078  or external to a computer, computer system, computer network, or
 2079  electronic device commits an offense against intellectual
 2080  property.
 2081         Section 79. Section 815.045, Florida Statutes, is repealed.
 2082         Section 80. Subsection (2) of section 1004.22, Florida
 2083  Statutes, is amended to read:
 2084         1004.22 Divisions of sponsored research at state
 2085  universities.—
 2086         (2) The university shall set such policies to regulate the
 2087  activities of the divisions of sponsored research as it may
 2088  consider necessary to administer the research programs in a
 2089  manner which assures efficiency and effectiveness, producing the
 2090  maximum benefit for the educational programs and maximum service
 2091  to the state. To this end, materials that relate to methods of
 2092  manufacture or production, potential trade secrets, potentially
 2093  patentable material, actual trade secrets, business
 2094  transactions, or proprietary information received, generated,
 2095  ascertained, or discovered during the course of research
 2096  conducted within the state universities shall be confidential
 2097  and exempt from the provisions of s. 119.07(1), except that a
 2098  division of sponsored research shall make available upon request
 2099  the title and description of a research project, the name of the
 2100  researcher, and the amount and source of funding provided for
 2101  such project.
 2102         Section 81. Paragraph (c) of subsection (2) and subsections
 2103  (3), (4), and (7) of section 1004.30, Florida Statutes, are
 2104  amended, and paragraph (d) of subsection (2) of that section is
 2105  redesignated as paragraph (c), to read:
 2106         1004.30 University health services support organization;
 2107  confidentiality of information.—
 2108         (2) The following university health services support
 2109  organization’s records and information are confidential and
 2110  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 2111  of the State Constitution:
 2112         (c)Trade secrets, as defined in s. 688.002, including
 2113  reimbursement methodologies and rates.
 2114         (3) Any portion of a governing board or peer review panel
 2115  or committee meeting during which a confidential and exempt
 2116  contract, document, record, or marketing plan, or trade secret,
 2117  as provided for in subsection (2), or a confidential and exempt
 2118  trade secret, as provided for in s. 688.01, is discussed is
 2119  exempt from the provisions of s. 286.011 and s. 24(b), Art. I of
 2120  the State Constitution.
 2121         (4) Those portions of any public record, such as a tape
 2122  recording, minutes, and notes, generated during that portion of
 2123  a governing board or peer review panel or committee meeting
 2124  which is closed to the public pursuant to this section, which
 2125  contain information relating to contracts, documents, records,
 2126  marketing plans, or trade secrets which are made confidential
 2127  and exempt by this section, are confidential and exempt from the
 2128  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2129  Constitution.
 2130         (7) Those portions of any public record, such as a tape
 2131  recording, minutes, or notes, generated during that portion of a
 2132  governing board meeting at which negotiations for contracts for
 2133  managed-care arrangements occur, are reported on, or are acted
 2134  on by the governing board, which record is made confidential and
 2135  exempt by subsection (4), shall become public records 2 years
 2136  after the termination or completion of the term of the contract
 2137  to which such negotiations relate or, if no contract was
 2138  executed, 2 years after the termination of the negotiations.
 2139  Notwithstanding paragraph (2)(a) and subsection (4), a
 2140  university health services support organization must make
 2141  available, upon request, the title and general description of a
 2142  contract for managed-care arrangements, the names of the
 2143  contracting parties, and the duration of the contract term. All
 2144  contracts for managed-care arrangements which are made
 2145  confidential and exempt by paragraph (2)(a), except those
 2146  portions of any contract containing trade secrets which are made
 2147  confidential and exempt by s. 688.01 paragraph (2)(c), shall
 2148  become public 2 years after the termination or completion of the
 2149  term of the contract.
 2150         Section 82. Paragraph (b) of subsection (8) of section
 2151  1004.43, Florida Statutes, is amended to read:
 2152         1004.43 H. Lee Moffitt Cancer Center and Research
 2153  Institute.—There is established the H. Lee Moffitt Cancer Center
 2154  and Research Institute, a statewide resource for basic and
 2155  clinical research and multidisciplinary approaches to patient
 2156  care.
 2157         (8)
 2158         (b) Proprietary confidential business information is
 2159  confidential and exempt from the provisions of s. 119.07(1) and
 2160  s. 24(a), Art. I of the State Constitution. However, the Auditor
 2161  General, the Office of Program Policy Analysis and Government
 2162  Accountability, and the Board of Governors, pursuant to their
 2163  oversight and auditing functions, must be given access to all
 2164  proprietary confidential business information upon request and
 2165  without subpoena and must maintain the confidentiality of
 2166  information so received. As used in this paragraph, the term
 2167  “proprietary confidential business information” means
 2168  information, regardless of its form or characteristics, which is
 2169  owned or controlled by the not-for-profit corporation or its
 2170  subsidiaries; is intended to be and is treated by the not-for
 2171  profit corporation or its subsidiaries as private and the
 2172  disclosure of which would harm the business operations of the
 2173  not-for-profit corporation or its subsidiaries; has not been
 2174  intentionally disclosed by the corporation or its subsidiaries
 2175  unless pursuant to law, an order of a court or administrative
 2176  body, a legislative proceeding pursuant to s. 5, Art. III of the
 2177  State Constitution, or a private agreement that provides that
 2178  the information may be released to the public; and which is
 2179  information concerning:
 2180         1. Internal auditing controls and reports of internal
 2181  auditors;
 2182         2. Matters reasonably encompassed in privileged attorney
 2183  client communications;
 2184         3. Contracts for managed-care arrangements, including
 2185  preferred provider organization contracts, health maintenance
 2186  organization contracts, and exclusive provider organization
 2187  contracts, and any documents directly relating to the
 2188  negotiation, performance, and implementation of any such
 2189  contracts for managed-care arrangements;
 2190         4. Bids or other contractual data, banking records, and
 2191  credit agreements the disclosure of which would impair the
 2192  efforts of the not-for-profit corporation or its subsidiaries to
 2193  contract for goods or services on favorable terms;
 2194         5. Information relating to private contractual data, the
 2195  disclosure of which would impair the competitive interest of the
 2196  provider of the information;
 2197         6. Corporate officer and employee personnel information;
 2198         7. Information relating to the proceedings and records of
 2199  credentialing panels and committees and of the governing board
 2200  of the not-for-profit corporation or its subsidiaries relating
 2201  to credentialing;
 2202         8. Minutes of meetings of the governing board of the not
 2203  for-profit corporation and its subsidiaries, except minutes of
 2204  meetings open to the public pursuant to subsection (9);
 2205         9. Information that reveals plans for marketing services
 2206  that the corporation or its subsidiaries reasonably expect to be
 2207  provided by competitors;
 2208         10. Trade secrets as defined in s. 688.002, including:
 2209         a. Information relating to methods of manufacture or
 2210  production, potential trade secrets, potentially patentable
 2211  materials, or proprietary information received, generated,
 2212  ascertained, or discovered during the course of research
 2213  conducted by the not-for-profit corporation or its subsidiaries;
 2214  and
 2215         11.b. Reimbursement methodologies or rates;
 2216         12.11. The identity of donors or prospective donors of
 2217  property who wish to remain anonymous or any information
 2218  identifying such donors or prospective donors. The anonymity of
 2219  these donors or prospective donors must be maintained in the
 2220  auditor’s report; or
 2221         13.12. Any information received by the not-for-profit
 2222  corporation or its subsidiaries from an agency in this or
 2223  another state or nation or the Federal Government which is
 2224  otherwise exempt or confidential pursuant to the laws of this or
 2225  another state or nation or pursuant to federal law.
 2226  
 2227  As used in this paragraph, the term “managed care” means systems
 2228  or techniques generally used by third-party payors or their
 2229  agents to affect access to and control payment for health care
 2230  services. Managed-care techniques most often include one or more
 2231  of the following: prior, concurrent, and retrospective review of
 2232  the medical necessity and appropriateness of services or site of
 2233  services; contracts with selected health care providers;
 2234  financial incentives or disincentives related to the use of
 2235  specific providers, services, or service sites; controlled
 2236  access to and coordination of services by a case manager; and
 2237  payor efforts to identify treatment alternatives and modify
 2238  benefit restrictions for high-cost patient care.
 2239         Section 83. Paragraph (a) of subsection (2) of section
 2240  1004.4472, Florida Statutes, is amended to read:
 2241         1004.4472 Florida Institute for Human and Machine
 2242  Cognition, Inc.; public records exemption; public meetings
 2243  exemption.—
 2244         (2) The following information held by the corporation or
 2245  its subsidiary is confidential and exempt from s. 119.07(1) and
 2246  s. 24(a), Art. I of the State Constitution:
 2247         (a) Material relating to methods of manufacture or
 2248  production;, potential trade secrets, patentable material;,
 2249  actual trade secrets as defined in s. 688.002 or proprietary
 2250  information received, generated, ascertained, or discovered
 2251  during the course of research conducted by or through the
 2252  corporation or a subsidiary;, and business transactions
 2253  resulting from such research.
 2254         Section 84. Subsection (2) of section 1004.78, Florida
 2255  Statutes, is amended to read:
 2256         1004.78 Technology transfer centers at Florida College
 2257  System institutions.—
 2258         (2) The Florida College System institution board of
 2259  trustees shall set such policies to regulate the activities of
 2260  the technology transfer center as it may consider necessary to
 2261  effectuate the purposes of this section and to administer the
 2262  programs of the center in a manner which assures efficiency and
 2263  effectiveness, producing the maximum benefit for the educational
 2264  programs and maximum service to the state. To this end,
 2265  materials that relate to methods of manufacture or production,
 2266  potential trade secrets, potentially patentable material, actual
 2267  trade secrets, business transactions, or proprietary information
 2268  received, generated, ascertained, or discovered during the
 2269  course of activities conducted within the Florida College System
 2270  institutions shall be confidential and exempt from the
 2271  provisions of s. 119.07(1), except that a Florida College System
 2272  institution shall make available upon request the title and
 2273  description of a project, the name of the investigator, and the
 2274  amount and source of funding provided for such project.
 2275         Section 85. Section 601.80, Florida Statutes, is amended to
 2276  read:
 2277         601.80 Unlawful to use uncertified coloring matter.—It is
 2278  unlawful for any person to use on oranges or citrus hybrids any
 2279  coloring matter which has not first received the approval of the
 2280  Department of Agriculture as provided under s. 601.76.
 2281         Section 86. Present subsection (11) of section 663.533,
 2282  Florida Statutes, is amended, and present subsections (12) and
 2283  (13) of that section are renumbered as subsections (11) and
 2284  (12), respectively, to read:
 2285         663.533 Applicability of the financial institutions codes.
 2286  A qualified limited service affiliate is subject to the
 2287  financial institutions codes. Without limiting the foregoing,
 2288  the following provisions are applicable to a qualified limited
 2289  service affiliate:
 2290         (11)Section 655.0591, relating to trade secret documents.
 2291  
 2292  This section does not prohibit the office from investigating or
 2293  examining an entity to ensure that it is not in violation of
 2294  this chapter or applicable provisions of the financial
 2295  institutions codes.
 2296         Section 87. Paragraph (c) of subsection (12) of section
 2297  721.13, Florida Statutes, is amended to read:
 2298         721.13 Management.—
 2299         (12)
 2300         (c) The managing entity shall maintain copies of all
 2301  records, data, and information supporting the processes,
 2302  analyses, procedures, and methods utilized by the managing
 2303  entity in its determination to reserve accommodations of the
 2304  timeshare plan pursuant to this subsection for a period of 5
 2305  years from the date of such determination. In the event of an
 2306  investigation by the division for failure of a managing entity
 2307  to comply with this subsection, the managing entity shall make
 2308  all such records, data, and information available to the
 2309  division for inspection, provided that if the managing entity
 2310  complies with the provisions of s. 721.071, any such records,
 2311  data, and information provided to the division shall constitute
 2312  a trade secret pursuant to that section.
 2313         Section 88. Paragraphs (a) and (c) of subsection (3) of
 2314  section 921.0022, Florida Statutes, are amended to read:
 2315         921.0022 Criminal Punishment Code; offense severity ranking
 2316  chart.—
 2317         (3) OFFENSE SEVERITY RANKING CHART
 2318         (a) LEVEL 1
 2319  
 2320  
 2321  FloridaStatute    FelonyDegree           Description            
 2322  24.118(3)(a)         3rd   Counterfeit or altered state lottery ticket.
 2323  212.054(2)(b)        3rd   Discretionary sales surtax; limitations, administration, and collection.
 2324  212.15(2)(b)         3rd   Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 2325  316.1935(1)          3rd   Fleeing or attempting to elude law enforcement officer.
 2326  319.30(5)            3rd   Sell, exchange, give away certificate of title or identification number plate.
 2327  319.35(1)(a)         3rd   Tamper, adjust, change, etc., an odometer.
 2328  320.26(1)(a)         3rd   Counterfeit, manufacture, or sell registration license plates or validation stickers.
 2329  322.212 (1)(a)-(c)   3rd   Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 2330  322.212(4)           3rd   Supply or aid in supplying unauthorized driver license or identification card.
 2331  322.212(5)(a)        3rd   False application for driver license or identification card.
 2332  414.39(3)(a)         3rd   Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 2333  443.071(1)           3rd   False statement or representation to obtain or increase reemployment assistance benefits.
 2334  509.151(1)           3rd   Defraud an innkeeper, food or lodging value greater than $300.
 2335  517.302(1)           3rd   Violation of the Florida Securities and Investor Protection Act.
 2336  562.27(1)            3rd   Possess still or still apparatus. 
 2337  713.69               3rd   Tenant removes property upon which lien has accrued, value more than $50.
 2338  812.014(3)(c)        3rd   Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 2339  812.081(2)           3rd   Unlawfully makes or causes to be made a reproduction of a trade secret.
 2340  815.04(4)(a) 815.04(5)(a)   3rd   Offense against intellectual property (i.e., computer programs, data).
 2341  817.52(2)            3rd   Hiring with intent to defraud, motor vehicle services.
 2342  817.569(2)           3rd   Use of public record or public records information or providing false information to facilitate commission of a felony.
 2343  826.01               3rd   Bigamy.                           
 2344  828.122(3)           3rd   Fighting or baiting animals.      
 2345  831.04(1)            3rd   Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 2346  831.31(1)(a)         3rd   Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 2347  832.041(1)           3rd   Stopping payment with intent to defraud $150 or more.
 2348  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.
 2349  838.15(2)            3rd   Commercial bribe receiving.       
 2350  838.16               3rd   Commercial bribery.               
 2351  843.18               3rd   Fleeing by boat to elude a law enforcement officer.
 2352  847.011(1)(a)        3rd   Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 2353  849.01               3rd   Keeping gambling house.           
 2354  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.
 2355  849.23               3rd   Gambling-related machines; “common offender” as to property rights.
 2356  849.25(2)            3rd   Engaging in bookmaking.           
 2357  860.08               3rd   Interfere with a railroad signal. 
 2358  860.13(1)(a)         3rd   Operate aircraft while under the influence.
 2359  893.13(2)(a)2.       3rd   Purchase of cannabis.             
 2360  893.13(6)(a)         3rd   Possession of cannabis (more than 20 grams).
 2361  934.03(1)(a)         3rd   Intercepts, or procures any other person to intercept, any wire or oral communication.
 2362         (c) LEVEL 3
 2363  
 2364  
 2365  FloridaStatute    FelonyDegree           Description            
 2366  119.10(2)(b)         3rd   Unlawful use of confidential information from police reports.
 2367  316.066 (3)(b)-(d)   3rd   Unlawfully obtaining or using confidential crash reports.
 2368  316.193(2)(b)        3rd   Felony DUI, 3rd conviction.       
 2369  316.1935(2)          3rd   Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2370  319.30(4)            3rd   Possession by junkyard of motor vehicle with identification number plate removed.
 2371  319.33(1)(a)         3rd   Alter or forge any certificate of title to a motor vehicle or mobile home.
 2372  319.33(1)(c)         3rd   Procure or pass title on stolen vehicle.
 2373  319.33(4)            3rd   With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2374  327.35(2)(b)         3rd   Felony BUI.                       
 2375  328.05(2)            3rd   Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2376  328.07(4)            3rd   Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2377  376.302(5)           3rd   Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2378  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.
 2379  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.
 2380  379.2431 (1)(e)7.    3rd   Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2381  400.9935(4)(a) or (b)   3rd   Operating a clinic, or offering services requiring licensure, without a license.
 2382  400.9935(4)(e)       3rd   Filing a false license application or other required information or failing to report information.
 2383  440.1051(3)          3rd   False report of workers’ compensation fraud or retaliation for making such a report.
 2384  501.001(2)(b)        2nd   Tampers with a consumer product or the container using materially false/misleading information.
 2385  624.401(4)(a)        3rd   Transacting insurance without a certificate of authority.
 2386  624.401(4)(b)1.      3rd   Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2387  626.902(1)(a) & (b)   3rd   Representing an unauthorized insurer.
 2388  697.08               3rd   Equity skimming.                  
 2389  790.15(3)            3rd   Person directs another to discharge firearm from a vehicle.
 2390  806.10(1)            3rd   Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2391  806.10(2)            3rd   Interferes with or assaults firefighter in performance of duty.
 2392  810.09(2)(c)         3rd   Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2393  812.014(2)(c)2.      3rd   Grand theft; $5,000 or more but less than $10,000.
 2394  812.0145(2)(c)       3rd   Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2395  815.04(4)(b) 815.04(5)(b)   2nd   Computer offense devised to defraud or obtain property.
 2396  817.034(4)(a)3.      3rd   Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2397  817.233              3rd   Burning to defraud insurer.       
 2398  817.234 (8)(b) & (c)   3rd   Unlawful solicitation of persons involved in motor vehicle accidents.
 2399  817.234(11)(a)       3rd   Insurance fraud; property value less than $20,000.
 2400  817.236              3rd   Filing a false motor vehicle insurance application.
 2401  817.2361             3rd   Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2402  817.413(2)           3rd   Sale of used goods as new.        
 2403  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 2404  831.28(2)(a)         3rd   Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2405  831.29               2nd   Possession of instruments for counterfeiting driver licenses or identification cards.
 2406  838.021(3)(b)        3rd   Threatens unlawful harm to public servant.
 2407  843.19               3rd   Injure, disable, or kill police dog or horse.
 2408  860.15(3)            3rd   Overcharging for repairs and parts.
 2409  870.01(2)            3rd   Riot; inciting or encouraging.    
 2410  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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs).
 2411  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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university.
 2412  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)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility.
 2413  893.13(4)(c)         3rd   Use or hire of minor; deliver to minor other controlled substances.
 2414  893.13(6)(a)         3rd   Possession of any controlled substance other than felony possession of cannabis.
 2415  893.13(7)(a)8.       3rd   Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2416  893.13(7)(a)9.       3rd   Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2417  893.13(7)(a)10.      3rd   Affix false or forged label to package of controlled substance.
 2418  893.13(7)(a)11.      3rd   Furnish false or fraudulent material information on any document or record required by chapter 893.
 2419  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.
 2420  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.
 2421  893.13(8)(a)3.       3rd   Knowingly write a prescription for a controlled substance for a fictitious person.
 2422  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.
 2423  918.13(1)(a)         3rd   Alter, destroy, or conceal investigation evidence.
 2424  944.47 (1)(a)1. & 2.   3rd   Introduce contraband to correctional facility.
 2425  944.47(1)(c)         2nd   Possess contraband while upon the grounds of a correctional institution.
 2426  985.721              3rd   Escapes from a juvenile facility (secure detention or residential commitment facility).
 2427         Section 89. This act shall take effect on the same date
 2428  that SB ___ or similar legislation takes effect, if such
 2429  legislation is adopted in the same legislative session or an
 2430  extension thereof and becomes a law.