Senate Bill sb1142c2

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    Florida Senate - 2005                    CS for CS for SB 1142

    By the Committees on Governmental Oversight and Productivity;
    Commerce and Consumer Services; and Senator Argenziano




    585-2318-05

  1                      A bill to be entitled

  2         An act relating to public records and public

  3         meetings; creating an exemption from

  4         public-records requirements for trade secrets

  5         held by an agency; requiring that a written

  6         declaration be submitted to the agency

  7         verifying that the information is a trade

  8         secret; specifying requirements for such

  9         declaration; providing for retroactive

10         application of the public-records exemption;

11         creating an exemption from public-meetings

12         requirements for any portion of a meeting at

13         which a trade secret is discussed; providing

14         for future review and repeal under the Open

15         Government Sunset Review Act; providing a

16         statement of public necessity; repealing s.

17         815.045, F.S., relating to trade secret

18         information; providing an effective date.

19  

20  Be It Enacted by the Legislature of the State of Florida:

21  

22         Section 1.  (1)  A trade secret, as defined in section

23  688.002 or section 812.081, Florida Statutes, held by an

24  agency as defined in section 119.011, Florida Statutes, is

25  confidential and exempt from section 119.07(1), Florida

26  Statutes, and Section 24(a), Article I of the State

27  Constitution if:

28         (a)  The proprietor of the trade secret, or the

29  authorized officer, employee, or agent of the proprietor,

30  submits to the agency a written declaration, verified as

31  provided in section 92.525, Florida Statutes, which:

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    Florida Senate - 2005                    CS for CS for SB 1142
    585-2318-05




 1         1.  Identifies the trade secret and the specific

 2  location of that trade secret within the record submitted to

 3  the agency;

 4         2.  Certifies that the identified information is a

 5  trade secret as defined in section 688.002 or section 812.081,

 6  Florida Statutes;

 7         3.  Certifies that the identified information derives

 8  independent economic value, actual or potential, from not

 9  being generally known to, and not being readily ascertainable

10  by proper means by, other persons who can obtain economic

11  value from its disclosure or use;

12         4.  Certifies that the identified information is the

13  subject of efforts of the proprietor to maintain its secrecy;

14  and

15         5.  Certifies that the identified information is not

16  otherwise readily ascertainable or publicly available from any

17  other source;

18         (b)  The identified information is not readily

19  ascertainable or publicly available by proper means by other

20  persons from any other source; and

21         (c)  The identified information is not a price, cost or

22  calculation submitted by a vendor in a response to a

23  competitive solicitation, request for quote, or other

24  procurement method.

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26  This exemption applies to all trade secrets held by an agency

27  before, on, or after October 1, 2005, if the requirements of

28  this subsection are met.

29         (2)  That portion of a meeting at which a trade secret

30  that is confidential and exempt pursuant to subsection (1) is

31  reviewed or discussed is exempt from section 286.011, Florida

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    Florida Senate - 2005                    CS for CS for SB 1142
    585-2318-05




 1  Statutes, and Section 24(b), Article I of the State

 2  Constitution.

 3         (3)  This section is subject to the Open Government

 4  Sunset Review Act of 1995 in accordance with section 119.15,

 5  Florida Statutes, and shall stand repealed on October 2, 2010,

 6  unless reviewed and saved from repeal through reenactment by

 7  the Legislature.

 8         Section 2.  The Legislature finds that it is a public

 9  necessity that a trade secret, as defined in section 688.002

10  or section 812.081, Florida Statutes, held by an agency as

11  defined in section 119.011, Florida Statutes, be made

12  confidential and exempt from public-records requirements. A

13  trade secret derives independent economic value, actual or

14  potential, from not being generally known to, and not being

15  readily ascertainable by proper means by, other persons who

16  can obtain economic value from its disclosure or use. An

17  agency, in performing its lawful duties and responsibilities,

18  may need to obtain from the proprietor information that is a

19  trade secret. Without an exemption from public-records

20  requirements for a trade secret held by an agency, that trade

21  secret becomes a public record when received by the agency and

22  must be divulged upon request. Divulgence of any trade secret

23  under public-records or public-meetings laws would destroy the

24  value of that property to the proprietor, causing a financial

25  loss not only to the proprietor but also to state or local

26  governments due to loss of tax revenue and employment

27  opportunities for residents. Release of that information would

28  give business competitors an unfair advantage and weaken the

29  position of the proprietor of the trade secret in the

30  marketplace. In addition, without protecting information

31  concerning a trade secret during meetings at which the

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    Florida Senate - 2005                    CS for CS for SB 1142
    585-2318-05




 1  information is discussed, competitors and other persons may

 2  attend those meetings and discover the trade secret. Thus, the

 3  Legislature finds that it is a public necessity that a trade

 4  secret held by an agency be made exempt from public-meetings

 5  requirements and confidential and exempt from public-records

 6  requirements.

 7         Section 3.  Section 815.045, Florida Statutes, is

 8  repealed.

 9         Section 4.  This act shall take effect October 1, 2005.

10  

11          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
12                            CS/SB 1142

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14  Requires the proprietor to identify the location of the trade
    secret information in the record submitted to the agency.
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    Expands the types of competitive solicitations that are
16  excepted from the exemption.

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