Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 366
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/20/2014 .
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(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13 repealed on October 2, 2019, unless reviewed and saved from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