| 1 | The Governmental Operations Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to public records; creating s. 551.1078, |
| 7 | F.S.; creating an exemption from public records |
| 8 | requirements for trade secrets held by the Division of |
| 9 | Slot Machines in the Department of Business and |
| 10 | Professional Regulation; providing for future legislative |
| 11 | review and repeal; providing a statement of public |
| 12 | necessity; providing a contingent effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Section 551.1078, Florida Statutes, is created |
| 17 | to read: |
| 18 | 551.1078 Public records exemption.-- |
| 19 | (1) A trade secret as defined in s. 688.002, held by the |
| 20 | Division of Slot Machines in the Department of Business and |
| 21 | Professional Regulation, is confidential and exempt from s. |
| 22 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
| 23 | (2) This section is subject to the Open Government Sunset |
| 24 | Review Act of 1995 in accordance with s. 119.15 and shall stand |
| 25 | repealed on October 2, 2010, unless reviewed and saved from |
| 26 | repeal through reenactment by the Legislature. |
| 27 | Section 2. The Legislature finds that it is a public |
| 28 | necessity that a trade secret, as defined in s. 688.002, Florida |
| 29 | Statues, held by the Division of Slot Machines in the Department |
| 30 | of Business and Professional Regulation be made confidential and |
| 31 | exempt from public records requirements. A trade secret derives |
| 32 | independent economic value, actual or potential, from not being |
| 33 | generally known to, and not being readily ascertainable by |
| 34 | proper means by, other persons who can obtain economic value |
| 35 | from its disclosure or use. The division, in performing its |
| 36 | lawful duties and responsibilities, may need to obtain from an |
| 37 | applicant for a slot machine license, or a licensee, a trade |
| 38 | secret. Without an exemption from public records requirements |
| 39 | for a trade secret held by the division, that trade secret |
| 40 | becomes a public record when received and must be divulged upon |
| 41 | request. Divulgence of any trade secret under public records |
| 42 | laws would destroy the value of that property to the applicant |
| 43 | or licensee causing a financial loss not only to the applicant |
| 44 | or licensee but also to state or local governments due to loss |
| 45 | of tax revenue and employment opportunities for residents. |
| 46 | Release of that information would give business competitors an |
| 47 | unfair advantage and weaken the position of the applicant or |
| 48 | licensee supplying the trade secret in the marketplace. Thus, |
| 49 | the Legislature finds that it is a public necessity that a trade |
| 50 | secret held by the Division of Slot Machines in the Department |
| 51 | of Business and Professional Regulation be made confidential and |
| 52 | exempt from public records requirements. |
| 53 | Section 3. This act shall take effect on the same date |
| 54 | that HB 1901 or similar legislation takes effect, if such |
| 55 | legislation is adopted in the same legislative session or an |
| 56 | extension thereof and becomes law. |