| 1 | A bill to be entitled |
| 2 | An act relating to public records and public meetings; |
| 3 | creating an exemption from public records requirements for |
| 4 | trade secrets held by an agency; requiring that a written |
| 5 | declaration be submitted to the agency verifying that the |
| 6 | information is a trade secret; specifying requirements for |
| 7 | such declaration; providing retroactive application of the |
| 8 | public records exemption; creating an exemption from |
| 9 | public meetings requirements for any portion of a meeting |
| 10 | at which a trade secret is discussed; providing for future |
| 11 | review and repeal; providing a statement of public |
| 12 | necessity; repealing s. 815.045, F.S., relating to trade |
| 13 | secret information; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. (1) A trade secret, as defined in s. 688.002 |
| 18 | or s. 812.081, Florida Statutes, held by an agency as defined in |
| 19 | s. 119.011, Florida Statutes, is confidential and exempt from s. |
| 20 | 119.07(1), Florida Statutes, and s. 24(a), Art. I of the State |
| 21 | Constitution if: |
| 22 | (a) The proprietor of the trade secret, or the authorized |
| 23 | officer, employee, or agent of the proprietor, submits to the |
| 24 | agency a written declaration, verified as provided in s. 92.525, |
| 25 | Florida Statutes, that: |
| 26 | 1. Identifies the trade secret; |
| 27 | 2. Certifies that the identified information is a trade |
| 28 | secret as defined in s. 688.002 or s. 812.081, Florida Statutes; |
| 29 | 3. Certifies that the identified information derives |
| 30 | independent economic value, actual or potential, from not being |
| 31 | generally known to, and not being readily ascertainable by |
| 32 | proper means by, other persons who can obtain economic value |
| 33 | from its disclosure or use; |
| 34 | 4. Certifies that the identified information is the |
| 35 | subject of efforts of the proprietor to maintain its secrecy; |
| 36 | and |
| 37 | 5. Certifies that the identified information is not |
| 38 | otherwise readily ascertainable or publicly available from any |
| 39 | other source; and |
| 40 | (b) The information is not readily ascertainable or |
| 41 | publicly available by proper means by other persons from any |
| 42 | other source. |
| 43 |
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| 44 | This exemption applies to all trade secrets held by an agency |
| 45 | before, on, or after October 1, 2005, if the requirements of |
| 46 | this subsection are met. |
| 47 | (2) That portion of a meeting at which a trade secret that |
| 48 | is confidential and exempt pursuant to subsection (1) is |
| 49 | reviewed or discussed is exempt from s. 286.011, Florida |
| 50 | Statutes, and s. 24(b), Art. I of the State Constitution. |
| 51 | (3) This section is subject to the Open Government Sunset |
| 52 | Review Act of 1995 in accordance with s. 119.15, Florida |
| 53 | Statutes, and shall stand repealed on October 2, 2010, unless |
| 54 | reviewed and saved from repeal through reenactment by the |
| 55 | Legislature. |
| 56 | Section 2. The Legislature finds that it is a public |
| 57 | necessity that a trade secret, as defined in s. 688.002 or s. |
| 58 | 812.081, Florida Statutes, held by an agency as defined in s. |
| 59 | 119.011, Florida Statutes, be made confidential and exempt from |
| 60 | public records requirements. A trade secret derives independent |
| 61 | economic value, actual or potential, from not being generally |
| 62 | known to, and not being readily ascertainable by proper means |
| 63 | by, other persons who can obtain economic value from its |
| 64 | disclosure or use. An agency, in performing its lawful duties |
| 65 | and responsibilities, may need to obtain from the proprietor |
| 66 | information that is a trade secret. Without an exemption from |
| 67 | public records requirements for a trade secret held by an |
| 68 | agency, that trade secret becomes a public record when received |
| 69 | by the agency and must be divulged upon request. Divulgence of |
| 70 | any trade secret under public records or public meetings laws |
| 71 | would destroy the value of that property to the proprietor, |
| 72 | causing a financial loss not only to the proprietor but also to |
| 73 | state or local governments due to loss of tax revenue and |
| 74 | employment opportunities for residents. Release of that |
| 75 | information would give business competitors an unfair advantage |
| 76 | and weaken the position of the proprietor of the trade secret in |
| 77 | the marketplace. In addition, without protecting information |
| 78 | concerning a trade secret during meetings at which the |
| 79 | information is discussed, competitors and other persons may |
| 80 | attend those meetings and discover the trade secret. Thus, the |
| 81 | Legislature finds that it is a public necessity that a trade |
| 82 | secret held by an agency be made exempt from public meetings |
| 83 | requirements and confidential and exempt from public records |
| 84 | requirements. |
| 85 | Section 3. Section 815.045, Florida Statutes, is repealed. |
| 86 | Section 4. This act shall take effect October 1, 2005. |