Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 366
       
       
       
       
       
       
                                Ì644500jÎ644500                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       (Bean) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 28 - 59
    4  and insert:
    5         (b) Whoever willfully, knowingly, and without authorization
    6  discloses or takes data, programs, or supporting documentation
    7  which is a trade secret as defined in s. 812.081 or is
    8  confidential as provided by law residing or existing internal or
    9  external to a computer, computer system, or computer network
   10  commits an offense against intellectual property.
   11         (c) This subsection is subject to the Open Government
   12  Sunset Review Act in accordance with s. 119.15, and shall stand
   13  repealed on October 2, 2019, unless reviewed and saved from
   14  repeal through reenactment by the Legislature.
   15         Section 2. The Legislature finds that it is a public
   16  necessity that data, programs, or supporting documentation that
   17  is a trade secret as defined in s. 812.081, Florida Statutes,
   18  that is held by an agency as defined in chapter 119, Florida
   19  Statutes, and that resides or exists internal or external to an
   20  electronic device be made confidential and exempt from s.
   21  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   22  State Constitution. The public release of such data, programs,
   23  and supporting documentation would negatively impact the
   24  business interests of those providing an agency such trade
   25  secrets by damaging the business in the marketplace. Without the
   26  public records exemption, those entities and individuals
   27  disclosing such trade secrets would hesitate to cooperate with
   28  that agency, which would impair the effective and efficient
   29  administration of governmental functions. Thus, the public and
   30  private harm in disclosing data, programs, or supporting
   31  documentation that is a trade secret, and that resides or exists
   32  internal or external to an electronic device, significantly
   33  outweighs any public benefit derived from disclosure, and the
   34  public’s ability to scrutinize and monitor agency action is not
   35  diminished by the nondisclosure of such trade secrets.
   36         Section 3. This act shall take effect on the same date that
   37  SB 364 or similar legislation takes effect, if such