Florida Senate - 2014                                     SB 366
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00259A-14                                           2014366__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 815.04,
    3         F.S.; amending an exemption from public records
    4         requirements for data, programs, and supporting
    5         documentation that are trade secrets residing or
    6         existing internal or external to a computer, computer
    7         system, or computer network; expanding the exemption
    8         to include such trade secret information residing or
    9         existing internal or external to an electronic device;
   10         providing for legislative review and repeal of the
   11         exemption; providing a statement of public necessity;
   12         providing a contingent effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (3) of section 815.04, Florida
   17  Statutes, is amended to read:
   18         815.04 Offenses against intellectual property; public
   19  records exemption.—
   20         (3)(a) Data, programs, or supporting documentation that
   21  which is a trade secret as defined in s. 812.081, that is held
   22  by an agency as defined in chapter 119, and that which resides
   23  or exists internal or external to a computer, computer system,
   24  or computer network, or electronic device which is held by an
   25  agency as defined in chapter 119 is confidential and exempt from
   26  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   27  Constitution.
   28         (b) A person who Whoever willfully, knowingly, and without
   29  authorization discloses or takes data, programs, or supporting
   30  documentation that which is a trade secret as defined in s.
   31  812.081 or is confidential as provided by law residing or
   32  existing internal or external to a computer, computer system, or
   33  computer network, or electronic device commits an offense
   34  against intellectual property.
   35         (c) This subsection is subject to the Open Government
   36  Sunset Review Act in accordance with s. 119.15, and shall stand
   37  repealed on October 2, 2019, unless reviewed and saved from
   38  repeal through reenactment by the Legislature.
   39         Section 2. The Legislature finds that it is a public
   40  necessity that trade secrets and intellectual property be
   41  protected from disclosure by persons gaining unauthorized access
   42  into computer networks and electronic devices. Trade secrets and
   43  intellectual property are already afforded public records
   44  exemptions because of the immense importance of this type of
   45  proprietary information to the economic competition between this
   46  state and other states and nations. As technology continues to
   47  evolve, it is important that the existing public records
   48  exemption for trade secrets and intellectual property expand
   49  accordingly to encompass new technology used in association with
   50  sensitive trade secrets and intellectual property. Thus the
   51  Legislature declares that it is a public necessity that data,
   52  programs, and supporting documentation that are trade secrets
   53  which are held by an agency and which reside or exist internal
   54  or external to a computer, computer system, computer network, or
   55  electronic device be confidential and exempt from the
   56  requirements of s. 119.07(1), Florida Statutes, and s. 24(a),
   57  Article I of the State Constitution.
   58         Section 3. This act shall take effect on the same date that
   59  SB _____ or similar legislation takes effect, if such
   60  legislation is adopted in the same legislative session or an
   61  extension thereof and becomes a law.