Florida Senate - 2014                              CS for SB 366
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brandes
       
       
       
       
       585-02893-14                                           2014366c1
    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) Whoever willfully, knowingly, and without authorization
   29  discloses or takes data, programs, or supporting documentation
   30  which is a trade secret as defined in s. 812.081 or is
   31  confidential as provided by law residing or existing internal or
   32  external to a computer, computer system, or computer network
   33  commits an offense against intellectual property.
   34         (c) This subsection is subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15, and shall stand
   36  repealed on October 2, 2019, unless reviewed and saved from
   37  repeal through reenactment by the Legislature.
   38         Section 2. The Legislature finds that it is a public
   39  necessity that data, programs, or supporting documentation that
   40  is a trade secret as defined in s. 812.081, Florida Statutes,
   41  that is held by an agency as defined in chapter 119, Florida
   42  Statutes, and that resides or exists internal or external to an
   43  electronic device be made confidential and exempt from s.
   44  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   45  State Constitution. The public release of such data, programs,
   46  and supporting documentation would negatively impact the
   47  business interests of those providing an agency such trade
   48  secrets by damaging the business in the marketplace. Without the
   49  public records exemption, those entities and individuals
   50  disclosing such trade secrets would hesitate to cooperate with
   51  that agency, which would impair the effective and efficient
   52  administration of governmental functions. Thus, the public and
   53  private harm in disclosing data, programs, or supporting
   54  documentation that is a trade secret, and that resides or exists
   55  internal or external to an electronic device, significantly
   56  outweighs any public benefit derived from disclosure, and the
   57  public’s ability to scrutinize and monitor agency action is not
   58  diminished by the nondisclosure of such trade secrets.
   59         Section 3. This act shall take effect on the same date that
   60  SB 364 or similar legislation takes effect, if such legislation
   61  is adopted in the same legislative session or an extension
   62  thereof and becomes a law.