Florida Senate - 2016 CS for SB 182
By the Committee on Commerce and Tourism; and Senator Richter
577-00710-16 2016182c1
1 A bill to be entitled
2 An act relating to public records and meetings;
3 amending ss. 119.071, 125.0104, 288.1226, 331.326,
4 365.174, 381.83, 403.7046, 403.73, 499.012, 499.0121,
5 499.051, 499.931, 502.222, 570.48, 573.123, 601.10,
6 601.15, 601.152, 601.76, and 815.04, F.S.; expanding
7 public records exemptions for certain data processing
8 software obtained by an agency, certain information
9 held by a county tourism promotion agency, information
10 related to trade secrets held by the Florida Tourism
11 Industry Marketing Corporation, information related to
12 trade secrets held by Space Florida, proprietary
13 confidential business information submitted to the
14 E911 Board, the Technology Program within the
15 Department of Management Services, and the Department
16 of Revenue, trade secret information held by the
17 Department of Health, trade secret information
18 reported or submitted to the Department of
19 Environmental Protection, trade secret information
20 held by the Department of Business and Professional
21 Regulation through the complaint and investigation of
22 a permitholder under the Florida Drug and Cosmetic
23 Act, trade secret information of a dairy industry
24 business held by the Department of Agriculture and
25 Consumer Services, trade secret information held by
26 the Division of Fruits and Vegetables of the
27 Department of Agriculture and Consumer Services, trade
28 secret information of a person subject to a marketing
29 order held by the Department of Agriculture and
30 Consumer Services, trade secret information provided
31 to the Department of Citrus, trade secret information
32 of noncommodity advertising and promotional program
33 participants held by the Department of Citrus, trade
34 secret information of a person subject to a marketing
35 order held by the Department of Citrus, a
36 manufacturer’s formula filed with the Department of
37 Agriculture and Consumer Services, and specified data,
38 programs, or supporting documentation held by an
39 agency, respectively, to incorporate changes made to
40 the definition of the term “trade secret” in s.
41 812.081, F.S., by SB 180; expanding a public meeting
42 exemption for any meeting or portion of a meeting of
43 Space Florida’s board at which trade secrets are
44 discussed to incorporate changes made to the
45 definition of the term “trade secret” in s. 812.081,
46 F.S., by SB 180; providing for future legislative
47 review and repeal of the exemptions; providing a
48 statement of public necessity; providing a contingent
49 effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Paragraph (f) of subsection (1) of section
54 119.071, Florida Statutes, is amended to read:
55 119.071 General exemptions from inspection or copying of
56 public records.—
57 (1) AGENCY ADMINISTRATION.—
58 (f) Data processing software obtained by an agency under a
59 licensing agreement that prohibits its disclosure and which
60 software is a trade secret, as defined in s. 812.081, and
61 agency-produced data processing software that is sensitive are
62 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
63 Constitution. The designation of agency-produced software as
64 sensitive does shall not prohibit an agency head from sharing or
65 exchanging such software with another public agency. This
66 paragraph is subject to the Open Government Sunset Review Act in
67 accordance with s. 119.15 and shall stand repealed on October 2,
68 2021, unless reviewed and saved from repeal through reenactment
69 by the Legislature.
70 Section 2. Paragraph (d) of subsection (9) of section
71 125.0104, Florida Statutes, is amended to read:
72 125.0104 Tourist development tax; procedure for levying;
73 authorized uses; referendum; enforcement.—
74 (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
75 other powers and duties provided for agencies created for the
76 purpose of tourism promotion by a county levying the tourist
77 development tax, such agencies are authorized and empowered to:
78 (d) Undertake marketing research and advertising research
79 studies and provide reservations services and convention and
80 meetings booking services consistent with the authorized uses of
81 revenue as set forth in subsection (5).
82 1. Information given to a county tourism promotion agency
83 which, if released, would reveal the identity of persons or
84 entities who provide data or other information as a response to
85 a sales promotion effort, an advertisement, or a research
86 project or whose names, addresses, meeting or convention plan
87 information or accommodations or other visitation needs become
88 booking or reservation list data, is exempt from s. 119.07(1)
89 and from s. 24(a), Art. I of the State Constitution.
90 2. The following information, when held by a county tourism
91 promotion agency, is exempt from s. 119.07(1) and from s. 24(a),
92 Art. I of the State Constitution:
93 a. A trade secret, as defined in s. 812.081.
94 a.b. Booking business records, as defined in s. 255.047.
95 b.c. Trade secrets and commercial or financial information
96 gathered from a person and privileged or confidential, as
97 defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
98 amendments thereto.
99 3. A trade secret, as defined in s. 812.081, held by a
100 county tourism promotion agency is exempt from s. 119.07(1) and
101 s. 24(a), Art. I of the State Constitution. This subparagraph is
102 subject to the Open Government Sunset Review Act in accordance
103 with s. 119.15 and shall stand repealed on October 2, 2021,
104 unless reviewed and saved from repeal through reenactment by the
105 Legislature.
106 Section 3. Subsection (8) of section 288.1226, Florida
107 Statutes, is amended to read:
108 288.1226 Florida Tourism Industry Marketing Corporation;
109 use of property; board of directors; duties; audit.—
110 (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
111 who responds to a marketing project or advertising research
112 project conducted by the corporation in the performance of its
113 duties on behalf of Enterprise Florida, Inc., or trade secrets
114 as defined by s. 812.081 obtained pursuant to such activities,
115 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
116 Constitution. This subsection is subject to the Open Government
117 Sunset Review Act in accordance with s. 119.15 and shall stand
118 repealed on October 2, 2021, unless reviewed and saved from
119 repeal through reenactment by the Legislature.
120 Section 4. Section 331.326, Florida Statutes, is amended to
121 read:
122 331.326 Information relating to trade secrets
123 confidential.—The records of Space Florida regarding matters
124 encompassed by this act are public records subject to the
125 provisions of chapter 119. Any information held by Space Florida
126 which is a trade secret, as defined in s. 812.081, including
127 trade secrets of Space Florida, any spaceport user, or the space
128 industry business, is confidential and exempt from the
129 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
130 Constitution and may not be disclosed. If Space Florida
131 determines that any information requested by the public will
132 reveal a trade secret, it shall, in writing, inform the person
133 making the request of that determination. The determination is a
134 final order as defined in s. 120.52. Any meeting or portion of a
135 meeting of Space Florida’s board is exempt from the provisions
136 of s. 286.011 and s. 24(b), Art. I of the State Constitution
137 when the board is discussing trade secrets. Any public record
138 generated during the closed portions of the meetings, such as
139 minutes, tape recordings, and notes, is confidential and exempt
140 from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
141 State Constitution. This section is subject to the Open
142 Government Sunset Review Act in accordance with s. 119.15 and
143 shall stand repealed on October 2, 2021, unless reviewed and
144 saved from repeal through reenactment by the Legislature.
145 Section 5. Section 365.174, Florida Statutes, is amended to
146 read:
147 365.174 Proprietary confidential business information.—
148 (1)(a) All proprietary confidential business information
149 submitted by a provider to the board or the office is
150 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
151 of the State Constitution.
152 (b) Statistical abstracts of information collected by the
153 board or the office may be released or published, but only in a
154 manner that does not identify or allow identification of
155 subscribers or their service numbers or of revenues attributable
156 to any provider.
157 (2)(a) All proprietary confidential business information
158 submitted by a provider to the Department of Revenue, as an
159 agent of the board, is confidential and exempt from s. 119.07(1)
160 and s. 24(a), Art. I of the State Constitution.
161 (b) The Department of Revenue may provide information
162 relative to s. 365.172(9) to the Secretary of Management
163 Services, or his or her authorized agent, or to the E911 Board
164 established in s. 365.172(5) for use in the conduct of the
165 official business of the Department of Management Services or
166 the E911 Board.
167 (c) This subsection is subject to the Open Government
168 Sunset Review Act in accordance with s. 119.15 and shall stand
169 repealed on October 2, 2019, unless reviewed and saved from
170 repeal through reenactment by the Legislature.
171 (3) As used in this section, the term “proprietary
172 confidential business information” means customer lists,
173 customer numbers, individual or aggregate customer data by
174 location, usage and capacity data, network facilities used to
175 serve subscribers, technology descriptions, technical
176 information, or trade secrets, including trade secrets as
177 defined in s. 812.081, and the actual or developmental costs of
178 E911 systems that are developed, produced, or received
179 internally by a provider or by a provider’s employees,
180 directors, officers, or agents.
181 (4) This section is subject to the Open Government Sunset
182 Review Act in accordance with s. 119.15 and shall stand repealed
183 on October 2, 2021, unless reviewed and saved from repeal
184 through reenactment by the Legislature.
185 Section 6. Section 381.83, Florida Statutes, is amended to
186 read:
187 381.83 Trade secrets; confidentiality.—
188 (1) Records, reports, or information obtained from any
189 person under this chapter, unless otherwise provided by law,
190 must shall be available to the public, except upon a showing
191 satisfactory to the department by the person from whom the
192 records, reports, or information is obtained that such records,
193 reports, or information, or a particular part thereof, contains
194 trade secrets as defined in s. 812.081 812.081(1)(c). Such trade
195 secrets are shall be confidential and are exempt from the
196 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
197 Constitution. The person submitting such trade secret
198 information to the department must request that it be kept
199 confidential and must inform the department of the basis for the
200 claim of trade secret. The department shall, subject to notice
201 and opportunity for hearing, determine whether the information,
202 or portions thereof, claimed to be a trade secret is or is not a
203 trade secret. Such trade secrets may be disclosed, however, to
204 authorized representatives of the department or, pursuant to
205 request, to other governmental entities in order for them to
206 properly perform their duties, or when relevant in any
207 proceeding under this chapter. Authorized representatives and
208 other governmental entities receiving such trade secret
209 information shall retain its confidentiality. Those involved in
210 any proceeding under this chapter, including a hearing officer
211 or judge or justice, shall retain the confidentiality of any
212 trade secret information revealed at such proceeding.
213 (2) This section is subject to the Open Government Sunset
214 Review Act in accordance with s. 119.15 and shall stand repealed
215 on October 2, 2021, unless reviewed and saved from repeal
216 through reenactment by the Legislature.
217 Section 7. Subsection (2) and paragraph (b) of subsection
218 (3) of section 403.7046, Florida Statutes, are amended to read:
219 403.7046 Regulation of recovered materials.—
220 (2) Information reported pursuant to the requirements of
221 this section or any rule adopted pursuant to this section which,
222 if disclosed, would reveal a trade secret, as defined in s.
223 812.081 812.081(1)(c), is confidential and exempt from the
224 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
225 Constitution. For reporting or information purposes, however,
226 the department may provide this information in such form that
227 the names of the persons reporting such information and the
228 specific information reported are not revealed. This subsection
229 is subject to the Open Government Sunset Review Act in
230 accordance with s. 119.15 and shall stand repealed on October 2,
231 2021, unless reviewed and saved from repeal through reenactment
232 by the Legislature.
233 (3) Except as otherwise provided in this section or
234 pursuant to a special act in effect on or before January 1,
235 1993, a local government may not require a commercial
236 establishment that generates source-separated recovered
237 materials to sell or otherwise convey its recovered materials to
238 the local government or to a facility designated by the local
239 government, nor may the local government restrict such a
240 generator’s right to sell or otherwise convey such recovered
241 materials to any properly certified recovered materials dealer
242 who has satisfied the requirements of this section. A local
243 government may not enact any ordinance that prevents such a
244 dealer from entering into a contract with a commercial
245 establishment to purchase, collect, transport, process, or
246 receive source-separated recovered materials.
247 (b)1. Before engaging in business within the jurisdiction
248 of the local government, a recovered materials dealer must
249 provide the local government with a copy of the certification
250 provided for in this section. In addition, the local government
251 may establish a registration process whereby a recovered
252 materials dealer must register with the local government before
253 engaging in business within the jurisdiction of the local
254 government. Such registration process is limited to requiring
255 the dealer to register its name, including the owner or operator
256 of the dealer, and, if the dealer is a business entity, its
257 general or limited partners, its corporate officers and
258 directors, its permanent place of business, evidence of its
259 certification under this section, and a certification that the
260 recovered materials will be processed at a recovered materials
261 processing facility satisfying the requirements of this section.
262 The local government may not use the information provided in the
263 registration application to compete unfairly with the recovered
264 materials dealer until 90 days after receipt of the application.
265 All counties, and municipalities whose population exceeds 35,000
266 according to the population estimates determined pursuant to s.
267 186.901, may establish a reporting process that must which shall
268 be limited to the regulations, reporting format, and reporting
269 frequency established by the department pursuant to this
270 section, which must shall, at a minimum, include requiring the
271 dealer to identify the types and approximate amount of recovered
272 materials collected, recycled, or reused during the reporting
273 period; the approximate percentage of recovered materials
274 reused, stored, or delivered to a recovered materials processing
275 facility or disposed of in a solid waste disposal facility; and
276 the locations where any recovered materials were disposed of as
277 solid waste. Information reported under this subsection which,
278 if disclosed, would reveal a trade secret, as defined in s.
279 812.081(1)(c), is confidential and exempt from the provisions of
280 s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
281 local government may charge the dealer a registration fee
282 commensurate with and no greater than the cost incurred by the
283 local government in operating its registration program.
284 Registration program costs are limited to those costs associated
285 with the activities described in this subparagraph paragraph.
286 Any reporting or registration process established by a local
287 government with regard to recovered materials is shall be
288 governed by the provisions of this section and department rules
289 adopted pursuant thereto.
290 2. Information reported under this subsection which, if
291 disclosed, would reveal a trade secret, as defined in s.
292 812.081, is confidential and exempt from s. 119.07(1) and s.
293 24(a), Art. I of the State Constitution. This subparagraph is
294 subject to the Open Government Sunset Review Act in accordance
295 with s. 119.15 and shall stand repealed on October 2, 2021,
296 unless reviewed and saved from repeal through reenactment by the
297 Legislature.
298 Section 8. Section 403.73, Florida Statutes, is amended to
299 read:
300 403.73 Trade secrets; confidentiality.—
301 (1) Records, reports, or information obtained from any
302 person under this part, unless otherwise provided by law, must
303 shall be available to the public, except upon a showing
304 satisfactory to the department by the person from whom the
305 records, reports, or information is obtained that such records,
306 reports, or information, or a particular part thereof, contains
307 trade secrets as defined in s. 812.081 812.081(1)(c). Such trade
308 secrets are shall be confidential and are exempt from the
309 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
310 Constitution. The person submitting such trade secret
311 information to the department must request that it be kept
312 confidential and must inform the department of the basis for the
313 claim of trade secret. The department shall, subject to notice
314 and opportunity for hearing, determine whether the information,
315 or portions thereof, claimed to be a trade secret is or is not a
316 trade secret. Such trade secrets may be disclosed, however, to
317 authorized representatives of the department or, pursuant to
318 request, to other governmental entities in order for them to
319 properly perform their duties, or when relevant in any
320 proceeding under this part. Authorized representatives and other
321 governmental entities receiving such trade secret information
322 shall retain its confidentiality. Those involved in any
323 proceeding under this part, including an administrative law
324 judge, a hearing officer, or a judge or justice, shall retain
325 the confidentiality of any trade secret information revealed at
326 such proceeding.
327 (2) This section is subject to the Open Government Sunset
328 Review Act in accordance with s. 119.15 and shall stand repealed
329 on October 2, 2021, unless reviewed and saved from repeal
330 through reenactment by the Legislature.
331 Section 9. Paragraphs (g) and (m) of subsection (8) of
332 section 499.012, Florida Statutes, are amended to read:
333 499.012 Permit application requirements.—
334 (8) An application for a permit or to renew a permit for a
335 prescription drug wholesale distributor or an out-of-state
336 prescription drug wholesale distributor submitted to the
337 department must include:
338 (g)1. For an application for a new permit, the estimated
339 annual dollar volume of prescription drug sales of the
340 applicant, the estimated annual percentage of the applicant’s
341 total company sales that are prescription drugs, the applicant’s
342 estimated annual total dollar volume of purchases of
343 prescription drugs, and the applicant’s estimated annual total
344 dollar volume of prescription drug purchases directly from
345 manufacturers.
346 2. For an application to renew a permit, the total dollar
347 volume of prescription drug sales in the previous year, the
348 total dollar volume of prescription drug sales made in the
349 previous 6 months, the percentage of total company sales that
350 were prescription drugs in the previous year, the total dollar
351 volume of purchases of prescription drugs in the previous year,
352 and the total dollar volume of prescription drug purchases
353 directly from manufacturers in the previous year.
354 3. Such portions of the information required pursuant to
355 this paragraph which are a trade secret, as defined in s.
356 812.081, shall be maintained by the department as trade secret
357 information is required to be maintained under s. 499.051. This
358 subparagraph is subject to the Open Government Sunset Review Act
359 in accordance with s. 119.15 and shall stand repealed on October
360 2, 2021, unless reviewed and saved from repeal through
361 reenactment by the Legislature.
362 (m) For an applicant that is a secondary wholesale
363 distributor, each of the following:
364 1. A personal background information statement containing
365 the background information and fingerprints required pursuant to
366 subsection (9) for each person named in the applicant’s response
367 to paragraphs (k) and (l) and for each affiliated party of the
368 applicant.
369 2. If any of the five largest shareholders of the
370 corporation seeking the permit is a corporation, the name,
371 address, and title of each corporate officer and director of
372 each such corporation; the name and address of such corporation;
373 the name of such corporation’s resident agent, such
374 corporation’s resident agent’s address, and such corporation’s
375 state of its incorporation; and the name and address of each
376 shareholder of such corporation who that owns 5 percent or more
377 of the stock of such corporation.
378 3.a. The name and address of all financial institutions in
379 which the applicant has an account that which is used to pay for
380 the operation of the establishment or to pay for drugs purchased
381 for the establishment, together with the names of all persons
382 who that are authorized signatories on such accounts.
383 b. The portions of the information required pursuant to
384 this subparagraph which are a trade secret, as defined in s.
385 812.081, shall be maintained by the department as trade secret
386 information is required to be maintained under s. 499.051. This
387 sub-subparagraph is subject to the Open Government Sunset Review
388 Act in accordance with s. 119.15 and shall stand repealed on
389 October 2, 2021, unless reviewed and saved from repeal through
390 reenactment by the Legislature.
391 4. The sources of all funds and the amounts of such funds
392 used to purchase or finance purchases of prescription drugs or
393 to finance the premises on which the establishment is to be
394 located.
395 5. If any of the funds identified in subparagraph 4. were
396 borrowed, copies of all promissory notes or loans used to obtain
397 such funds.
398 Section 10. Subsection (7) of section 499.0121, Florida
399 Statutes, is amended to read:
400 499.0121 Storage and handling of prescription drugs;
401 recordkeeping.—The department shall adopt rules to implement
402 this section as necessary to protect the public health, safety,
403 and welfare. Such rules shall include, but not be limited to,
404 requirements for the storage and handling of prescription drugs
405 and for the establishment and maintenance of prescription drug
406 distribution records.
407 (7) PRESCRIPTION DRUG PURCHASE LIST.—
408 (a) Each wholesale distributor, except for a manufacturer,
409 shall annually provide the department with a written list of all
410 wholesale distributors and manufacturers from whom the wholesale
411 distributor purchases prescription drugs. A wholesale
412 distributor, except a manufacturer, shall notify the department
413 not later than 10 days after any change to either list.
414 (b) Such portions of the information required pursuant to
415 this subsection which are a trade secret, as defined in s.
416 812.081, shall be maintained by the department as trade secret
417 information is required to be maintained under s. 499.051. This
418 paragraph is subject to the Open Government Sunset Review Act in
419 accordance with s. 119.15 and shall stand repealed on October 2,
420 2021, unless reviewed and saved from repeal through reenactment
421 by the Legislature.
422 Section 11. Subsection (7) of section 499.051, Florida
423 Statutes, is amended to read:
424 499.051 Inspections and investigations.—
425 (7)(a) The complaint and all information obtained pursuant
426 to the investigation by the department are confidential and
427 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
428 Constitution until the investigation and the enforcement action
429 are completed.
430 (b) Information that constitutes a However, trade secret,
431 as defined in s. 812.081, contained in the complaint and
432 obtained by the department pursuant to the investigation must
433 information contained therein as defined by s. 812.081(1)(c)
434 shall remain confidential and exempt from the provisions of s.
435 119.07(1) and s. 24(a), Art. I of the State Constitution, as
436 long as the information is held by retained by the department.
437 This paragraph is subject to the Open Government Sunset Review
438 Act in accordance with s. 119.15 and shall stand repealed on
439 October 2, 2021, unless reviewed and saved from repeal through
440 reenactment by the Legislature.
441 (c) This subsection does not prohibit the department from
442 using such information for regulatory or enforcement proceedings
443 under this chapter or from providing such information to any law
444 enforcement agency or any other regulatory agency. However, the
445 receiving agency shall keep such records confidential and exempt
446 as provided in this subsection. In addition, this subsection is
447 not intended to prevent compliance with the provisions of s.
448 499.01212, and the pedigree papers required in that section are
449 shall not be deemed a trade secret.
450 Section 12. Section 499.931, Florida Statutes, is amended
451 to read:
452 499.931 Trade secret information.—Information required to
453 be submitted under this part which is a trade secret as defined
454 in s. 812.081 812.081(1)(c) and designated as a trade secret by
455 an applicant or permitholder must be maintained as required
456 under s. 499.051. This section is subject to the Open Government
457 Sunset Review Act in accordance with s. 119.15 and shall stand
458 repealed on October 2, 2021, unless reviewed and saved from
459 repeal through reenactment by the Legislature.
460 Section 13. Section 502.222, Florida Statutes, is amended
461 to read:
462 502.222 Information relating to trade secrets
463 confidential.—The records of the department regarding matters
464 encompassed by this chapter are public records, subject to the
465 provisions of chapter 119, except that any information that
466 which would reveal a trade secret, as defined in s. 812.081, of
467 a dairy industry business is confidential and exempt from the
468 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
469 Constitution. If the department determines that any information
470 requested by the public will reveal a trade secret, it shall, in
471 writing, inform the person making the request of that
472 determination. The determination is a final order as defined in
473 s. 120.52. This section is subject to the Open Government Sunset
474 Review Act in accordance with s. 119.15 and shall stand repealed
475 on October 2, 2021, unless reviewed and saved from repeal
476 through reenactment by the Legislature.
477 Section 14. Subsection (3) of section 570.48, Florida
478 Statutes, is amended to read:
479 570.48 Division of Fruit and Vegetables; powers and duties;
480 records.—The duties of the Division of Fruit and Vegetables
481 include, but are not limited to:
482 (3) Maintaining the records of the division. The records of
483 the division are public records; however, trade secrets as
484 defined in s. 812.081 are confidential and exempt from the
485 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
486 Constitution. This subsection is subject to the Open Government
487 Sunset Review Act in accordance with s. 119.15 and shall stand
488 repealed on October 2, 2021, unless reviewed and saved from
489 repeal through reenactment by the Legislature. This section may
490 shall not be construed to prohibit:
491 (a) A disclosure necessary to enforcement procedures.
492 (b) The department from releasing information to other
493 governmental agencies. Other governmental agencies that receive
494 confidential information from the department under this
495 subsection shall maintain the confidentiality of that
496 information.
497 (c) The department or other agencies from compiling and
498 publishing appropriate data regarding procedures, yield,
499 recovery, quality, and related matters, provided such released
500 data do not reveal by whom the activity to which the data relate
501 was conducted.
502 Section 15. Subsection (2) of section 573.123, Florida
503 Statutes, is amended to read:
504 573.123 Maintenance and production of records.—
505 (2) Information that, if disclosed, would reveal a trade
506 secret, as defined in s. 812.081, of any person subject to a
507 marketing order is confidential and exempt from the provisions
508 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
509 and may shall not be disclosed except to an attorney who
510 provides legal advice to the division about enforcing a
511 marketing market order or by court order. A person who receives
512 confidential information under this subsection shall maintain
513 the confidentiality of that information. This subsection is
514 subject to the Open Government Sunset Review Act in accordance
515 with s. 119.15 and shall stand repealed on October 2, 2021,
516 unless reviewed and saved from repeal through reenactment by the
517 Legislature.
518 Section 16. Subsection (8) of section 601.10, Florida
519 Statutes, is amended to read:
520 601.10 Powers of the Department of Citrus.—The department
521 shall have and shall exercise such general and specific powers
522 as are delegated to it by this chapter and other statutes of the
523 state, which powers shall include, but are not limited to, the
524 following:
525 (8)(a) To prepare and disseminate information of importance
526 to citrus growers, handlers, shippers, processors, and industry
527 related and interested persons and organizations relating to
528 department activities and the production, handling, shipping,
529 processing, and marketing of citrus fruit and processed citrus
530 products. Any information that constitutes a trade secret as
531 defined in s. 812.081(1)(c) is confidential and exempt from s.
532 119.07(1) and shall not be disclosed. For referendum and other
533 notice and informational purposes, the department may prepare
534 and maintain, from the best available sources, a citrus grower
535 mailing list. Such list shall be a public record available as
536 other public records, but is it shall not be subject to the
537 purging provisions of s. 283.55.
538 (b) Any information provided to the department which
539 constitutes a trade secret as defined in s. 812.081 is
540 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
541 of the State Constitution. This paragraph is subject to the Open
542 Government Sunset Review Act in accordance with s. 119.15 and
543 shall stand repealed on October 2, 2021, unless reviewed and
544 saved from repeal through reenactment by the Legislature.
545 (c)(b) Any nonpublished reports or data related to studies
546 or research conducted, caused to be conducted, or funded by the
547 department under s. 601.13 is confidential and exempt from s.
548 119.07(1) and s. 24(a), Art. I of the State Constitution. This
549 paragraph is subject to the Open Government Sunset Review Act in
550 accordance with s. 119.15 and shall stand repealed on October 2,
551 2017, unless reviewed and saved from repeal through reenactment
552 by the Legislature.
553 Section 17. Paragraph (d) of subsection (7) of section
554 601.15, Florida Statutes, is amended to read:
555 601.15 Advertising campaign; methods of conducting;
556 assessments; emergency reserve fund; citrus research.—
557 (7) All assessments levied and collected under this chapter
558 shall be paid into the State Treasury on or before the 15th day
559 of each month. Such moneys shall be accounted for in a special
560 fund to be designated as the Florida Citrus Advertising Trust
561 Fund, and all moneys in such fund are appropriated to the
562 department for the following purposes:
563 (d)1. The pro rata portion of moneys allocated to each type
564 of citrus product in noncommodity programs shall be used by the
565 department to encourage substantial increases in the
566 effectiveness, frequency, and volume of noncommodity
567 advertising, merchandising, publicity, and sales promotion of
568 such citrus products through rebates and incentive payments to
569 handlers and trade customers for these activities. The
570 department shall adopt rules providing for the use of such
571 moneys. The rules shall establish alternate incentive programs,
572 including at least one incentive program for product sold under
573 advertised brands, one incentive program for product sold under
574 private label brands, and one incentive program for product sold
575 in bulk. For each incentive program, the rules must shall
576 establish eligibility and performance requirements and must
577 shall provide appropriate limitations on amounts payable to a
578 handler or trade customer for a particular season. Such
579 limitations may relate to the amount of citrus assessments
580 levied and collected on the citrus product handled by such
581 handler or trade customer during a 12-month representative
582 period.
583 2. The department may require from participants in
584 noncommodity advertising and promotional programs commercial
585 information necessary to determine eligibility for and
586 performance in such programs. Any information so required which
587 that constitutes a “trade secret” as defined in s. 812.081 is
588 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
589 of the State Constitution. This subparagraph is subject to the
590 Open Government Sunset Review Act in accordance with s. 119.15
591 and shall stand repealed on October 2, 2021, unless reviewed and
592 saved from repeal through reenactment by the Legislature.
593 Section 18. Paragraph (c) of subsection (8) of section
594 601.152, Florida Statutes, is amended to read:
595 601.152 Special marketing orders.—
596 (8)
597 (c)1. Every handler shall, at such times as the department
598 may require, file with the department a return, not under oath,
599 on forms to be prescribed and furnished by the department,
600 certified as true and correct, stating the quantity of the type,
601 variety, and form of citrus fruit or citrus product specified in
602 the marketing order first handled in the primary channels of
603 trade in the state by such handler during the period of time
604 specified in the marketing order. Such returns must shall
605 contain any further information deemed by the department to be
606 reasonably necessary to properly administer or enforce this
607 section or any marketing order implemented under this section.
608 2. Information that, if disclosed, would reveal a trade
609 secret, as defined in s. 812.081, of any person subject to a
610 marketing order is confidential and exempt from s. 119.07(1) and
611 s. 24(a), Art. I of the State Constitution. This subparagraph is
612 subject to the Open Government Sunset Review Act in accordance
613 with s. 119.15 and shall stand repealed on October 2, 2021,
614 unless reviewed and saved from repeal through reenactment by the
615 Legislature.
616 Section 19. Section 601.76, Florida Statutes, is amended to
617 read:
618 601.76 Manufacturer to furnish formula and other
619 information.—Any formula required to be filed with the
620 Department of Agriculture shall be deemed a trade secret as
621 defined in s. 812.081, is confidential and exempt from s.
622 119.07(1) and s. 24(a), Art. I of the State Constitution, and
623 may shall only be divulged only to the Department of Agriculture
624 or to its duly authorized representatives or upon court order
625 orders of a court of competent jurisdiction when necessary in
626 the enforcement of this law. A person who receives such a
627 formula from the Department of Agriculture under this section
628 shall maintain the confidentiality of the formula. This section
629 is subject to the Open Government Sunset Review Act in
630 accordance with s. 119.15 and shall stand repealed on October 2,
631 2021, unless reviewed and saved from repeal through reenactment
632 by the Legislature.
633 Section 20. Subsections (3) and (6) of section 815.04,
634 Florida Statutes, are amended to read:
635 815.04 Offenses against intellectual property; public
636 records exemption.—
637 (3) Data, programs, or supporting documentation that is a
638 trade secret as defined in s. 812.081, that is held by an agency
639 as defined in chapter 119, and that resides or exists internal
640 or external to a computer, computer system, computer network, or
641 electronic device is confidential and exempt from the provisions
642 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
643 This subsection is subject to the Open Government Sunset Review
644 Act in accordance with s. 119.15 and shall stand repealed on
645 October 2, 2021, unless reviewed and saved from repeal through
646 reenactment by the Legislature.
647 (6) Subsections (3) and (4) are subject to the Open
648 Government Sunset Review Act in accordance with s. 119.15, and
649 shall stand repealed on October 2, 2019, unless reviewed and
650 saved from repeal through reenactment by the Legislature.
651 Section 21. The Legislature finds that it is a public
652 necessity that financial information comprising a trade secret
653 as defined in s. 812.081, Florida Statutes, be made exempt or
654 confidential and exempt from s. 119.07(1), Florida Statutes, and
655 s. 24(a), Article I of the State Constitution. The Legislature
656 also finds that it is a public necessity that any portion of a
657 meeting in which a trade secret as defined in s. 812.081,
658 Florida Statutes, is discussed be made exempt from s. 286.011,
659 Florida Statutes, and s. 24(b), Article I of the State
660 Constitution. The Legislature recognizes that, in many
661 instances, businesses are required to provide financial
662 information for regulatory or other purposes to public entities
663 and that disclosure of such information to competitors of those
664 businesses would be detrimental to the businesses. The
665 Legislature’s intent is to protect trade secret information of a
666 confidential nature which includes, but is not limited to, a
667 formula, a pattern, a device, a combination of devices, or a
668 compilation of information used to protect or further a business
669 advantage over those who do not know or use the information, the
670 disclosure of which would injure the affected business in the
671 marketplace. Therefore, the Legislature finds that the need to
672 protect trade secret financial information is sufficiently
673 compelling to override this state’s public policy of open
674 government and that the protection of such information cannot be
675 accomplished without these exemptions.
676 Section 22. This act shall take effect on the same date
677 that SB 180 or similar legislation relating to trade secrets
678 takes effect, if such legislation is adopted in the same
679 legislative session or an extension thereof and becomes a law.