Florida Senate - 2019                                    SB 1416
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-01684A-19                                          20191416__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s.
    3         119.07135, F.S.; providing that certain information
    4         related to agency contracts is not confidential or
    5         exempt from public records requirements; amending s.
    6         24.105, F.S.; deleting provisions relating to
    7         exemptions from public records requirements for
    8         certain information held by the Department of the
    9         Lottery; amending s. 73.0155, F.S.; deleting
   10         provisions relating to public records exemptions for
   11         trade secrets held by governmental condemning
   12         authorities; amending s. 119.071, F.S.; deleting a
   13         provision declaring that certain data processing
   14         software exempt from public records requirements is
   15         considered a trade secret; removing the scheduled
   16         repeal of the public record exemption; amending s.
   17         119.0713, F.S.; deleting a provision exempting trade
   18         secrets held by local government agencies from public
   19         records requirements; amending s. 125.0104, F.S.;
   20         deleting a provision exempting trade secrets held by
   21         county tourism development agencies from public
   22         records requirements; amending s. 163.01, F.S.;
   23         deleting a provision exempting trade secrets held by
   24         public agencies that are electric utilities from
   25         public records requirements; amending s. 202.195,
   26         F.S.; deleting a provision exempting trade secrets
   27         obtained from a telecommunications company or
   28         franchised cable company for certain purposes from
   29         public records requirements; amending s. 215.4401,
   30         F.S.; deleting provisions relating to confidentiality
   31         of trade secrets held by the State Board of
   32         Administration; amending s. 252.88, F.S.; deleting
   33         provisions exempting certain information from public
   34         records requirements under the Florida Emergency
   35         Planning and Community Right-to-Know Act; repealing s.
   36         252.943, F.S., relating to a public records exemption
   37         under the Florida Accidental Release Prevention and
   38         Risk Management Planning Act; amending s. 287.0943,
   39         F.S.; deleting provisions relating to confidentiality
   40         of certain information relating to applications for
   41         certification of minority business enterprises;
   42         amending s. 288.047, F.S.; deleting provisions
   43         exempting potential trade secrets from public records
   44         requirements; amending s. 288.075, F.S.; deleting
   45         provisions relating to a public records exemption for
   46         trade secrets held by economic development agencies;
   47         amending s. 288.1226, F.S.; deleting provisions
   48         relating to a public records exemption for trade
   49         secrets held by the Florida Tourism Industry Marketing
   50         Corporation; amending s. 288.776, F.S.; deleting
   51         provisions relating to a public records exemption for
   52         trade secrets held by the Florida Export Finance
   53         Corporation; amending s. 288.9520, F.S.; deleting
   54         provisions relating to a public records exemption for
   55         trade secrets and potential trade secrets held by
   56         Enterprise Florida, Inc., and related entities;
   57         amending s. 288.9607, F.S.; deleting provisions
   58         relating to a public records exemption for trade
   59         secrets held by the Florida Development Finance
   60         Corporation; amending s. 288.9626, F.S.; deleting
   61         provisions relating to a public records exemption for
   62         trade secrets and potential trade secrets held by the
   63         Florida Opportunity Fund; conforming provisions to
   64         changes made by the act; amending s. 288.9627, F.S.;
   65         deleting provisions relating to a public records
   66         exemption for trade secrets and potential trade
   67         secrets held by the Institute for Commercialization of
   68         Florida Technology; conforming provisions to changes
   69         made by the act; amending s. 331.326, F.S.; deleting
   70         provisions relating to a public records exemption for
   71         trade secrets held by Space Florida; amending s.
   72         334.049, F.S.; deleting provisions relating to a
   73         public records exemption for trade secrets held by the
   74         Department of State; amending ss. 350.121 and 364.183,
   75         F.S.; deleting provisions relating to public records
   76         exemptions for trade secrets held by the Florida
   77         Public Service Commission; amending s. 365.174, F.S.;
   78         deleting provisions relating to public records
   79         exemptions for trade secrets held by the E911 Board
   80         and the Technology Program within the Department of
   81         Management Services; amending ss. 366.093, 367.156,
   82         and 368.108, F.S.; deleting provisions relating to
   83         public records exemptions for trade secrets held by
   84         the Florida Public Service Commission; repealing s.
   85         381.83, F.S., relating to confidentiality of certain
   86         information containing trade secrets obtained by the
   87         Department of Health; amending s. 395.3035, F.S.;
   88         deleting provisions relating to a public records
   89         exemption for trade secrets of hospitals; amending s.
   90         403.7046, F.S.; revising provisions relating to an
   91         exemption for trade secrets contained in certain
   92         reports to the Department of Environmental Protection;
   93         repealing s. 403.73, F.S., relating to confidentiality
   94         of certain information containing trade secrets
   95         obtained by the Department of Environmental
   96         Protection; amending s. 408.061, F.S.; deleting a
   97         requirement that certain trade secret information
   98         submitted to the Agency for Healthcare Administration
   99         be clearly designated as such; amending s. 408.185,
  100         F.S.; deleting provisions relating to public records
  101         exemptions for certain trade secrets held by the
  102         Office of the Attorney General; amending s. 408.910,
  103         F.S.; deleting provisions relating to public records
  104         exemptions for trade secrets held by the Florida
  105         Health Choices Program; amending s. 409.91196, F.S.;
  106         deleting provisions relating to public records
  107         exemptions for trade secrets held by the Agency for
  108         Health Care Administration; amending s. 440.108, F.S.;
  109         deleting provisions relating to public records
  110         exemptions for trade secrets held by the Department of
  111         Financial Services; amending s. 494.00125, F.S.;
  112         deleting provisions relating to public records
  113         exemptions for trade secrets held by the Office of
  114         Financial Regulation; amending s. 497.172, F.S.;
  115         deleting provisions relating to public records
  116         exemptions for trade secrets held by the Department of
  117         Financial Services or the Board of Funeral, Cemetery,
  118         and Consumer Services; amending ss. 499.012, 499.0121,
  119         499.05, and 499.051, F.S.; deleting provisions
  120         relating to public records exemptions for trade
  121         secrets held by the Department of Business and
  122         Professional Regulation; repealing s. 499.931, F.S.,
  123         relating to maintenance of information held by the
  124         Department of Business and Professional Regulation
  125         which is deemed to be a trade secret; amending s.
  126         501.171, F.S.; deleting provisions relating to public
  127         records exemptions for trade secrets held by the
  128         Department of Legal Affairs; repealing s. 502.222,
  129         F.S., relating to trade secrets of a dairy business
  130         held by the Department of Agriculture and Consumer
  131         Services; amending ss. 517.2015 and 520.9965, F.S.;
  132         deleting provisions relating to public records
  133         exemptions for trade secrets held by the Office of
  134         Financial Regulation; amending s. 526.311, F.S.;
  135         deleting provisions relating to public records
  136         exemptions for trade secrets held by the Department of
  137         Agriculture and Consumer Services; amending s.
  138         548.062, F.S.; deleting provisions relating to public
  139         records exemptions for trade secrets held by the
  140         Florida State Boxing Commission; amending s. 556.113,
  141         F.S.; deleting provisions relating to public records
  142         exemptions for trade secrets held by Sunshine State
  143         One-Call of Florida, Inc.; amending s. 559.5558, F.S.;
  144         deleting provisions relating to public records
  145         exemptions for trade secrets held by the Office of
  146         Financial Regulation; amending s. 559.9285, F.S.;
  147         revising provisions specifying that certain
  148         information provided to the Department of Agriculture
  149         and Consumer Services does not constitute a trade
  150         secret; amending s. 560.129, F.S.; deleting provisions
  151         relating to public records exemptions for trade
  152         secrets held by the Office of Financial Regulation;
  153         amending s. 570.48, F.S.; deleting provisions relating
  154         to public records exemptions for trade secrets held by
  155         the Division of Fruit and Vegetables; amending ss.
  156         570.544 and 573.123, F.S.; deleting provisions
  157         relating to public records exemptions for trade
  158         secrets held by the Division of Consumer Services;
  159         repealing s. 581.199, F.S., relating to a prohibition
  160         on the use of trade secret information obtained under
  161         specified provisions for personal use or gain;
  162         amending ss. 601.10, 601.15, and 601.152, F.S.;
  163         deleting provisions relating to public records
  164         exemptions for trade secrets held by the Department of
  165         Citrus; amending s. 601.76, F.S.; deleting provisions
  166         relating to a public records exemption for certain
  167         formulas filed with the Department of Agriculture;
  168         amending ss. 607.0505 and 617.0503, F.S.; deleting
  169         provisions relating to public records exemptions for
  170         certain information that might reveal trade secrets
  171         held by the Department of Legal Affairs; amending s.
  172         624.307, F.S.; authorizing the Office of Insurance
  173         Regulation to report certain information on an
  174         aggregate basis; amending s. 624.315, F.S.;
  175         authorizing the Office of Insurance Regulation to make
  176         certain information available on an aggregate basis;
  177         amending s. 624.4212, F.S.; deleting provisions
  178         relating to public records exemptions for trade
  179         secrets held by the Office of Insurance Regulation;
  180         revising a cross-reference; repealing s. 624.4213,
  181         F.S., relating to trade secret documents submitted to
  182         the Department of Financial Services or the Office of
  183         Insurance Regulation; amending ss. 626.84195 and
  184         626.884, F.S.; deleting provisions relating to public
  185         records exemptions for trade secrets held by the
  186         Office of Insurance Regulation; amending s. 626.9936,
  187         F.S.; revising provisions relating to a public records
  188         exemption for trade secrets held by the Office of
  189         Insurance Regulation; amending ss. 627.0628 and
  190         627.3518, F.S.; deleting provisions relating to public
  191         records exemptions for trade secrets held by the
  192         Department of Financial Services or the Office of
  193         Insurance Regulation; amending s. 655.057, F.S.;
  194         revising provisions relating to a public records
  195         exemption for trade secrets held by the Office of
  196         Financial Regulation; repealing s. 655.0591, F.S.,
  197         relating to trade secret documents held by the Office
  198         of Financial Regulation; amending s. 663.533, F.S.;
  199         revising a cross-reference; repealing s. 721.071,
  200         F.S., relating to trade secret material filed with the
  201         Division of Florida Condominiums, Timeshares, and
  202         Mobile Homes of the Department of Business and
  203         Professional Regulation; amending s. 815.04, F.S.;
  204         deleting a public records exemption for certain trade
  205         secret information relating to offenses against
  206         intellectual property; repealing s. 815.045, F.S.,
  207         relating to trade secret information; amending s.
  208         1004.22, F.S.; revising provisions relating to public
  209         records exemptions for trade secrets and potential
  210         trade secrets received, generated, ascertained, or
  211         discovered during the course of research conducted
  212         within the state universities; amending s. 1004.30,
  213         F.S.; revising provisions relating to public records
  214         exemptions for trade secrets held by state university
  215         health support organizations; amending s. 1004.43,
  216         F.S.; revising provisions relating to public records
  217         exemptions for trade secrets and potential trade
  218         secrets held by the H. Lee Moffitt Cancer Center and
  219         Research Institute; amending s. 1004.4472, F.S.;
  220         revising provisions relating to public records
  221         exemptions for trade secrets and potential trade
  222         secrets held by the Florida Institute for Human and
  223         Machine Cognition, Inc.; amending s. 1004.78, F.S.;
  224         revising provisions relating to public records
  225         exemptions for trade secrets and potential trade
  226         secrets held by the technology transfers centers at
  227         Florida College System institutions; amending s.
  228         601.80, F.S.; correcting a cross-reference; amending
  229         ss. 663.533, 721.13, and 921.0022, F.S.; conforming
  230         provisions to changes made by the act; providing a
  231         contingent effective date.
  232          
  233  Be It Enacted by the Legislature of the State of Florida:
  234  
  235         Section 1. Section 119.07135, Florida Statutes, is created
  236  to read:
  237         119.07135Agency contracts; public records.—
  238         (1)Any contract or agreement, or an addendum thereto, to
  239  which an agency or an entity subject to this chapter is a party,
  240  is a public record, except that confidential or exempt
  241  information contained therein may be redacted before release of
  242  the contract or agreement, or an addendum thereto, if the
  243  specific statutory exemption is identified.
  244         (2)Notwithstanding any other provision of law, the
  245  following information related to any contract or agreement, or
  246  an addendum thereto, with an agency or an entity subject to this
  247  chapter is not confidential or exempt from s. 119.07(1) and s.
  248  24(a), Art. I of the State Constitution:
  249         (a)The parties to the contract or agreement, or an
  250  addendum thereto, if the contract or agreement, or the addendum
  251  thereto, includes a provision requiring the agency or an entity
  252  subject to this chapter to expend funds.
  253         (b)The amount of money paid, any payment structure or
  254  plan, expenditures, incentives, bonuses, fees, or penalties.
  255         (c)The nature or type of the commodities or services
  256  purchased.
  257         (d)Applicable contract unit prices and deliverables.
  258         Section 2. Subsection (12) of section 24.105, Florida
  259  Statutes, is amended to read:
  260         24.105 Powers and duties of department.—The department
  261  shall:
  262         (12)(a)Determine by rule information relating to the
  263  operation of the lottery which is confidential and exempt from
  264  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  265  Constitution. Such information includes trade secrets; security
  266  measures, systems, or procedures; security reports; information
  267  concerning bids or other contractual data, the disclosure of
  268  which would impair the efforts of the department to contract for
  269  goods or services on favorable terms; employee personnel
  270  information unrelated to compensation, duties, qualifications,
  271  or responsibilities; and information obtained by the Division of
  272  Security pursuant to its investigations which is otherwise
  273  confidential. To be deemed confidential, the information must be
  274  necessary to the security and integrity of the lottery.
  275  Confidential information may be released to other governmental
  276  entities as needed in connection with the performance of their
  277  duties. The receiving governmental entity shall retain the
  278  confidentiality of such information as provided for in this
  279  subsection.
  280         (a)(b) Maintain the confidentiality of the street address
  281  and the telephone number of a winner, in that such information
  282  is confidential and exempt from the provisions of s. 119.07(1)
  283  and s. 24(a), Art. I of the State Constitution, unless the
  284  winner consents to the release of such information or as
  285  provided for in s. 24.115(4) or s. 409.2577.
  286         (b)(c) Any information made confidential and exempt from
  287  the provisions of s. 119.07(1) under this subsection shall be
  288  disclosed to the Auditor General, to the Office of Program
  289  Policy Analysis and Government Accountability, or to the
  290  independent auditor selected under s. 24.123 upon such person’s
  291  request therefor. If the President of the Senate or the Speaker
  292  of the House of Representatives certifies that information made
  293  confidential under this subsection is necessary for effecting
  294  legislative changes, the requested information shall be
  295  disclosed to him or her, and he or she may disclose such
  296  information to members of the Legislature and legislative staff
  297  as necessary to effect such purpose.
  298         Section 3. Paragraph (e) of subsection (1) of section
  299  73.0155, Florida Statutes, is amended to read:
  300         73.0155 Confidentiality; business information provided to a
  301  governmental condemning authority.—
  302         (1) The following business information provided by the
  303  owner of a business to a governmental condemning authority as
  304  part of an offer of business damages under s. 73.015 is
  305  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  306  of the State Constitution if the owner requests in writing that
  307  the business information be held confidential and exempt:
  308         (e) Materials that relate to methods of manufacture or
  309  production or, potential trade secrets, patentable material, or
  310  actual trade secrets as defined in s. 688.002.
  311         Section 4. Paragraph (f) of subsection (1) of section
  312  119.071, Florida Statutes, is amended to read:
  313         119.071 General exemptions from inspection or copying of
  314  public records.—
  315         (1) AGENCY ADMINISTRATION.—
  316         (f) Data processing software obtained by an agency under a
  317  licensing agreement that prohibits its disclosure and which
  318  software is a trade secret, as defined in s. 812.081, and
  319  Agency-produced data processing software that is sensitive is
  320  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  321  Constitution. The designation of agency-produced software as
  322  sensitive does not prohibit an agency head from sharing or
  323  exchanging such software with another public agency. This
  324  paragraph is subject to the Open Government Sunset Review Act in
  325  accordance with s. 119.15 and shall stand repealed on October 2,
  326  2021, unless reviewed and saved from repeal through reenactment
  327  by the Legislature.
  328         Section 5. Paragraph (a) of subsection (4) of section
  329  119.0713, Florida Statutes, is amended to read:
  330         119.0713 Local government agency exemptions from inspection
  331  or copying of public records.—
  332         (4)(a) Proprietary confidential business information means
  333  information, regardless of form or characteristics, which is
  334  held by an electric utility that is subject to this chapter, is
  335  intended to be and is treated by the entity that provided the
  336  information to the electric utility as private in that the
  337  disclosure of the information would cause harm to the entity
  338  providing the information or its business operations, and has
  339  not been disclosed unless disclosed pursuant to a statutory
  340  provision, an order of a court or administrative body, or a
  341  private agreement that provides that the information will not be
  342  released to the public. Proprietary confidential business
  343  information includes:
  344         1. Trade secrets, as defined in s. 688.002.
  345         2. Internal auditing controls and reports of internal
  346  auditors.
  347         2.3. Security measures, systems, or procedures.
  348         3.4. Information concerning bids or other contractual data,
  349  the disclosure of which would impair the efforts of the electric
  350  utility to contract for goods or services on favorable terms.
  351         4.5. Information relating to competitive interests, the
  352  disclosure of which would impair the competitive business of the
  353  provider of the information.
  354         Section 6. Paragraph (d) of subsection (9) of section
  355  125.0104, Florida Statutes, is amended to read:
  356         125.0104 Tourist development tax; procedure for levying;
  357  authorized uses; referendum; enforcement.—
  358         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
  359  other powers and duties provided for agencies created for the
  360  purpose of tourism promotion by a county levying the tourist
  361  development tax, such agencies are authorized and empowered to:
  362         (d) Undertake marketing research and advertising research
  363  studies and provide reservations services and convention and
  364  meetings booking services consistent with the authorized uses of
  365  revenue as set forth in subsection (5).
  366         1. Information given to a county tourism promotion agency
  367  which, if released, would reveal the identity of persons or
  368  entities who provide data or other information as a response to
  369  a sales promotion effort, an advertisement, or a research
  370  project or whose names, addresses, meeting or convention plan
  371  information or accommodations or other visitation needs become
  372  booking or reservation list data, is exempt from s. 119.07(1)
  373  and s. 24(a), Art. I of the State Constitution.
  374         2. The following information, When held by a county tourism
  375  promotion agency, booking business records, as defined in s.
  376  255.047, are is exempt from s. 119.07(1) and s. 24(a), Art. I of
  377  the State Constitution.:
  378         a.Booking business records, as defined in s. 255.047.
  379         b.Trade secrets and commercial or financial information
  380  gathered from a person and privileged or confidential, as
  381  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
  382  amendments thereto.
  383         3.A trade secret, as defined in s. 812.081, held by a
  384  county tourism promotion agency is exempt from s. 119.07(1) and
  385  s. 24(a), Art. I of the State Constitution. This subparagraph is
  386  subject to the Open Government Sunset Review Act in accordance
  387  with s. 119.15 and shall stand repealed on October 2, 2021,
  388  unless reviewed and saved from repeal through reenactment by the
  389  Legislature.
  390         Section 7. Paragraph (m) of subsection (15) of section
  391  163.01, Florida Statutes, is amended to read:
  392         163.01 Florida Interlocal Cooperation Act of 1969.—
  393         (15) Notwithstanding any other provision of this section or
  394  of any other law except s. 361.14, any public agency of this
  395  state which is an electric utility, or any separate legal entity
  396  created pursuant to the provisions of this section, the
  397  membership of which consists only of electric utilities, and
  398  which exercises or proposes to exercise the powers granted by
  399  part II of chapter 361, the Joint Power Act, may exercise any or
  400  all of the following powers:
  401         (m) In the event that any public agency or any such legal
  402  entity, or both, should receive, in connection with its joint
  403  ownership or right to the services, output, capacity, or energy
  404  of an electric project, as defined in paragraph (3)(d), any
  405  material which is designated by the person supplying such
  406  material as proprietary confidential business information or
  407  which a court of competent jurisdiction has designated as
  408  confidential or secret shall be kept confidential and shall be
  409  exempt from the provisions of s. 119.07(1). As used in this
  410  paragraph, “proprietary confidential business information”
  411  includes, but is not limited to, trade secrets; internal
  412  auditing controls and reports of internal auditors; security
  413  measures, systems, or procedures; information concerning bids or
  414  other contractual data, the disclosure of which would impair the
  415  efforts of the utility to contract for services on favorable
  416  terms; employee personnel information unrelated to compensation,
  417  duties, qualifications, or responsibilities; and formulas,
  418  patterns, devices, combinations of devices, contract costs, or
  419  other information the disclosure of which would injure the
  420  affected entity in the marketplace.
  421         Section 8. Subsection (2) of section 202.195, Florida
  422  Statutes, is amended to read:
  423         202.195 Proprietary confidential business information;
  424  public records exemption.—
  425         (2) For the purposes of this exemption, “proprietary
  426  confidential business information” includes maps, plans, billing
  427  and payment records, trade secrets, or other information
  428  relating to the provision of or facilities for communications
  429  service:
  430         (a) That is intended to be and is treated by the company as
  431  confidential;
  432         (b) The disclosure of which would be reasonably likely to
  433  be used by a competitor to harm the business interests of the
  434  company; and
  435         (c) That is not otherwise readily ascertainable or publicly
  436  available by proper means by other persons from another source
  437  in the same configuration as requested by the local governmental
  438  entity.
  439  
  440  Proprietary confidential business information does not include
  441  schematics indicating the location of facilities for a specific
  442  site that are provided in the normal course of the local
  443  governmental entity’s permitting process.
  444         Section 9. Paragraphs (a), (c), and (d) of subsection (3)
  445  of section 215.4401, Florida Statutes, are amended to read:
  446         215.4401 Board of Administration; public record
  447  exemptions.—
  448         (3)(a) As used in this subsection, the term:
  449         1. “Alternative investment” means an investment by the
  450  State Board of Administration in a private equity fund, venture
  451  fund, hedge fund, or distress fund or a direct investment in a
  452  portfolio company through an investment manager.
  453         2. “Alternative investment vehicle” means the limited
  454  partnership, limited liability company, or similar legal
  455  structure or investment manager through which the State Board of
  456  Administration invests in a portfolio company.
  457         3. “Portfolio company” means a corporation or other issuer,
  458  any of whose securities are owned by an alternative investment
  459  vehicle or the State Board of Administration and any subsidiary
  460  of such corporation or other issuer.
  461         4. “Portfolio positions” means individual investments in
  462  portfolio companies which are made by the alternative investment
  463  vehicles, including information or specific investment terms
  464  associated with any portfolio company investment.
  465         5. “Proprietor” means an alternative investment vehicle, a
  466  portfolio company in which the alternative investment vehicle is
  467  invested, or an outside consultant, including the respective
  468  authorized officers, employees, agents, or successors in
  469  interest, which controls or owns information provided to the
  470  State Board of Administration.
  471         6. “Proprietary confidential business information” means
  472  information that has been designated by the proprietor when
  473  provided to the State Board of Administration as information
  474  that is owned or controlled by a proprietor; that is intended to
  475  be and is treated by the proprietor as private, the disclosure
  476  of which would harm the business operations of the proprietor
  477  and has not been intentionally disclosed by the proprietor
  478  unless pursuant to a private agreement that provides that the
  479  information will not be released to the public except as
  480  required by law or legal process, or pursuant to law or an order
  481  of a court or administrative body; and that concerns:
  482         a. Trade secrets as defined in s. 688.002.
  483         b. Information provided to the State Board of
  484  Administration regarding a prospective investment in a private
  485  equity fund, venture fund, hedge fund, distress fund, or
  486  portfolio company which is proprietary to the provider of the
  487  information.
  488         b.c. Financial statements and auditor reports of an
  489  alternative investment vehicle.
  490         c.d. Meeting materials of an alternative investment vehicle
  491  relating to financial, operating, or marketing information of
  492  the alternative investment vehicle.
  493         d.e. Information regarding the portfolio positions in which
  494  the alternative investment vehicles invest.
  495         e.f. Capital call and distribution notices to investors of
  496  an alternative investment vehicle.
  497         f.g. Alternative investment agreements and related records.
  498         g.h. Information concerning investors, other than the State
  499  Board of Administration, in an alternative investment vehicle.
  500         7. “Proprietary confidential business information” does not
  501  include:
  502         a. The name, address, and vintage year of an alternative
  503  investment vehicle and the identity of the principals involved
  504  in the management of the alternative investment vehicle.
  505         b. The dollar amount of the commitment made by the State
  506  Board of Administration to each alternative investment vehicle
  507  since inception.
  508         c. The dollar amount and date of cash contributions made by
  509  the State Board of Administration to each alternative investment
  510  vehicle since inception.
  511         d. The dollar amount, on a fiscal-year-end basis, of cash
  512  distributions received by the State Board of Administration from
  513  each alternative investment vehicle.
  514         e. The dollar amount, on a fiscal-year-end basis, of cash
  515  distributions received by the State Board of Administration plus
  516  the remaining value of alternative-vehicle assets that are
  517  attributable to the State Board of Administration’s investment
  518  in each alternative investment vehicle.
  519         f. The net internal rate of return of each alternative
  520  investment vehicle since inception.
  521         g. The investment multiple of each alternative investment
  522  vehicle since inception.
  523         h. The dollar amount of the total management fees and costs
  524  paid on an annual fiscal-year-end basis by the State Board of
  525  Administration to each alternative investment vehicle.
  526         i. The dollar amount of cash profit received by the State
  527  Board of Administration from each alternative investment vehicle
  528  on a fiscal-year-end basis.
  529         j. A description of any compensation, fees, or expenses,
  530  including the amount or value, paid or agreed to be paid by a
  531  proprietor to any person to solicit the board to make an
  532  alternative investment or investment through an alternative
  533  investment vehicle. This does not apply to an executive officer,
  534  general partner, managing member, or other employee of the
  535  proprietor, who is paid by the proprietor to solicit the board
  536  to make such investments.
  537         (c)1. Notwithstanding the provisions of paragraph (b), a
  538  request to inspect or copy a record under s. 119.07(1) that
  539  contains proprietary confidential business information shall be
  540  granted if the proprietor of the information fails, within a
  541  reasonable period of time after the request is received by the
  542  State Board of Administration, to verify the following to the
  543  State Board of Administration through a written declaration in
  544  the manner provided by s. 92.525:
  545         a. That the requested record contains proprietary
  546  confidential business information and the specific location of
  547  such information within the record;
  548         b. If the proprietary confidential business information is
  549  a trade secret, a verification that it is a trade secret as
  550  defined in s. 688.002;
  551         c. That the proprietary confidential business information
  552  is intended to be and is treated by the proprietor as private,
  553  is the subject of efforts of the proprietor to maintain its
  554  privacy, and is not readily ascertainable or publicly available
  555  from any other source; and
  556         c.d. That the disclosure of the proprietary confidential
  557  business information to the public would harm the business
  558  operations of the proprietor.
  559         2. The State Board of Administration shall maintain a list
  560  and a description of the records covered by any verified,
  561  written declaration made under this paragraph.
  562         (d) Any person may petition a court of competent
  563  jurisdiction for an order for the public release of those
  564  portions of any record made confidential and exempt by paragraph
  565  (b). Any action under this paragraph must be brought in Leon
  566  County, Florida, and the petition or other initial pleading
  567  shall be served on the State Board of Administration and, if
  568  determinable upon diligent inquiry, on the proprietor of the
  569  information sought to be released. In any order for the public
  570  release of a record under this paragraph, the court shall make a
  571  finding that the record or portion thereof is not a trade secret
  572  as defined in s. 688.002, that a compelling public interest is
  573  served by the release of the record or portions thereof which
  574  exceed the public necessity for maintaining the confidentiality
  575  of such record, and that the release of the record will not
  576  cause damage to or adversely affect the interests of the
  577  proprietor of the released information, other private persons or
  578  business entities, the State Board of Administration, or any
  579  trust fund, the assets of which are invested by the State Board
  580  of Administration.
  581         Section 10. Subsection (1) of section 252.88, Florida
  582  Statutes, is amended to read:
  583         252.88 Public records.—
  584         (1) Whenever EPCRA authorizes an employer to exclude trade
  585  secret information from its submittals, the employer shall
  586  furnish the information so excluded to the commission upon
  587  request. Such information shall be confidential and exempt from
  588  the provisions of s. 119.07(1). The commission shall not
  589  disclose such information except pursuant to a final
  590  determination under s. 322 of EPCRA by the Administrator of the
  591  Environmental Protection Agency that such information is not
  592  entitled to trade secret protection, or pursuant to an order of
  593  court.
  594         Section 11. Section 252.943, Florida Statutes, is repealed.
  595         Section 12. Paragraph (h) of subsection (2) of section
  596  287.0943, Florida Statutes, is amended to read:
  597         287.0943 Certification of minority business enterprises.—
  598         (2)
  599         (h) The certification procedures should allow an applicant
  600  seeking certification to designate on the application form the
  601  information the applicant considers to be proprietary,
  602  confidential business information. As used in this paragraph,
  603  “proprietary, confidential business information” includes, but
  604  is not limited to, any information that would be exempt from
  605  public inspection pursuant to the provisions of chapter 119;
  606  trade secrets; internal auditing controls and reports; contract
  607  costs; or other information the disclosure of which would injure
  608  the affected party in the marketplace or otherwise violate s.
  609  286.041. The executor in receipt of the application shall issue
  610  written and final notice of any information for which
  611  noninspection is requested but not provided for by law.
  612         Section 13. Subsection (7) of section 288.047, Florida
  613  Statutes, is amended to read:
  614         288.047 Quick-response training for economic development.—
  615         (7) In providing instruction pursuant to this section,
  616  materials that relate to methods of manufacture or production,
  617  potential trade secrets, business transactions, or proprietary
  618  information received, produced, ascertained, or discovered by
  619  employees of the respective departments, district school boards,
  620  community college district boards of trustees, or other
  621  personnel employed for the purposes of this section is
  622  confidential and exempt from the provisions of s. 119.07(1). The
  623  state may seek copyright protection for instructional materials
  624  and ancillary written documents developed wholly or partially
  625  with state funds as a result of instruction provided pursuant to
  626  this section, except for materials that are confidential and
  627  exempt from the provisions of s. 119.07(1).
  628         Section 14. Paragraph (c) of subsection (1) and subsection
  629  (3) of section 288.075, Florida Statutes, are amended, and
  630  present subsections (4) through (7) of that section are
  631  renumbered as subsections (3) through (6), respectively, to
  632  read:
  633         288.075 Confidentiality of records.—
  634         (1) DEFINITIONS.—As used in this section, the term:
  635         (c)“Trade secret” has the same meaning as in s. 688.002.
  636         (3)TRADE SECRETS.—Trade secrets held by an economic
  637  development agency are confidential and exempt from s. 119.07(1)
  638  and s. 24(a), Art. I of the State Constitution.
  639         Section 15. Subsection (9) of section 288.1226, Florida
  640  Statutes, is amended to read:
  641         288.1226 Florida Tourism Industry Marketing Corporation;
  642  use of property; board of directors; duties; audit.—
  643         (9) PUBLIC RECORDS EXEMPTION.—The identity of any person
  644  who responds to a marketing project or advertising research
  645  project conducted by the corporation in the performance of its
  646  duties on behalf of Enterprise Florida, Inc., is or trade
  647  secrets as defined by s. 812.081 obtained pursuant to such
  648  activities, are exempt from s. 119.07(1) and s. 24(a), Art. I of
  649  the State Constitution. This subsection is subject to the Open
  650  Government Sunset Review Act in accordance with s. 119.15 and
  651  shall stand repealed on October 2, 2021, unless reviewed and
  652  saved from repeal through reenactment by the Legislature.
  653         Section 16. Paragraph (d) of subsection (3) of section
  654  288.776, Florida Statutes, is amended to read:
  655         288.776 Board of directors; powers and duties.—
  656         (3) The board shall:
  657         (d) Adopt policies, including criteria, establishing which
  658  exporters and export transactions shall be eligible for
  659  insurance, coinsurance, loan guarantees, and direct, guaranteed,
  660  or collateralized loans which may be extended by the
  661  corporation. Pursuant to this subsection, the board shall
  662  include the following criteria:
  663         1. Any individual signing any corporation loan application
  664  and loan or guarantee agreement shall have an equity in the
  665  business applying for financial assistance.
  666         2. Each program shall exclusively support the export of
  667  goods and services by small and medium-sized businesses which
  668  are domiciled in this state. Priority shall be given to goods
  669  which have value added in this state.
  670         3. Financial assistance shall only be extended when at
  671  least one of the following circumstances exists:
  672         a. The assistance is required to secure the participation
  673  of small and medium-sized export businesses in federal, state,
  674  or private financing programs.
  675         b. No conventional source of lender support is available
  676  for the business from public or private financing sources.
  677  
  678  Personal financial records, trade secrets, or proprietary
  679  information of applicants shall be confidential and exempt from
  680  the provisions of s. 119.07(1).
  681         Section 17. Section 288.9520, Florida Statutes, is amended
  682  to read:
  683         288.9520 Public records exemption.—Materials that relate to
  684  methods of manufacture or production, potential trade secrets,
  685  potentially patentable material, actual trade secrets, business
  686  transactions, financial and proprietary information, and
  687  agreements or proposals to receive funding that are received,
  688  generated, ascertained, or discovered by Enterprise Florida,
  689  Inc., including its affiliates or subsidiaries and partnership
  690  participants, such as private enterprises, educational
  691  institutions, and other organizations, are confidential and
  692  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  693  of the State Constitution, except that a recipient of Enterprise
  694  Florida, Inc., research funds shall make available, upon
  695  request, the title and description of the research project, the
  696  name of the researcher, and the amount and source of funding
  697  provided for the project.
  698         Section 18. Subsection (5) of section 288.9607, Florida
  699  Statutes, is amended to read:
  700         288.9607 Guaranty of bond issues.—
  701         (5) Personal financial records, trade secrets, or
  702  proprietary information of applicants delivered to or obtained
  703  by the corporation shall be confidential and exempt from the
  704  provisions of s. 119.07(1).
  705         Section 19. Paragraph (f) of subsection (1), paragraph (a)
  706  of subsection (2), paragraph (a) of subsection (3), and
  707  paragraphs (b) and (c) of subsection (4) of section 288.9626,
  708  Florida Statutes, are amended to read:
  709         288.9626 Exemptions from public records and public meetings
  710  requirements for the Florida Opportunity Fund.—
  711         (1) DEFINITIONS.—As used in this section, the term:
  712         (f)1. “Proprietary confidential business information” means
  713  information that has been designated by the proprietor when
  714  provided to the Florida Opportunity Fund as information that is
  715  owned or controlled by a proprietor; that is intended to be and
  716  is treated by the proprietor as private, the disclosure of which
  717  would harm the business operations of the proprietor and has not
  718  been intentionally disclosed by the proprietor unless pursuant
  719  to a private agreement that provides that the information will
  720  not be released to the public except as required by law or legal
  721  process, or pursuant to law or an order of a court or
  722  administrative body; and that concerns:
  723         a. Trade secrets as defined in s. 688.002.
  724         b. Information provided to the Florida Opportunity Fund
  725  regarding an existing or prospective alternative investment in a
  726  private equity fund, venture capital fund, angel fund, or
  727  portfolio company that is proprietary to the provider of the
  728  information.
  729         b.c. Financial statements and auditor reports of an
  730  alternative investment vehicle or portfolio company, unless
  731  publicly released by the alternative investment vehicle or
  732  portfolio company.
  733         c.d. Meeting materials of an alternative investment vehicle
  734  or portfolio company relating to financial, operating, or
  735  marketing information of the alternative investment vehicle or
  736  portfolio company.
  737         d.e. Information regarding the portfolio positions in which
  738  the alternative investment vehicles or Florida Opportunity Fund
  739  invest.
  740         e.f. Capital call and distribution notices to investors or
  741  the Florida Opportunity Fund of an alternative investment
  742  vehicle.
  743         f.g. Alternative investment agreements and related records.
  744         g.h. Information concerning investors, other than the
  745  Florida Opportunity Fund, in an alternative investment vehicle
  746  or portfolio company.
  747         2. “Proprietary confidential business information” does not
  748  include:
  749         a. The name, address, and vintage year of an alternative
  750  investment vehicle or Florida Opportunity Fund and the identity
  751  of the principals involved in the management of the alternative
  752  investment vehicle or Florida Opportunity Fund.
  753         b. The dollar amount of the commitment made by the Florida
  754  Opportunity Fund to each alternative investment vehicle since
  755  inception, if any.
  756         c. The dollar amount and date of cash contributions made by
  757  the Florida Opportunity Fund to each alternative investment
  758  vehicle since inception, if any.
  759         d. The dollar amount, on a fiscal-year-end basis, of cash
  760  or other fungible distributions received by the Florida
  761  Opportunity Fund from each alternative investment vehicle.
  762         e. The dollar amount, on a fiscal-year-end basis, of cash
  763  or other fungible distributions received by the Florida
  764  Opportunity Fund plus the remaining value of alternative-vehicle
  765  assets that are attributable to the Florida Opportunity Fund’s
  766  investment in each alternative investment vehicle.
  767         f. The net internal rate of return of each alternative
  768  investment vehicle since inception.
  769         g. The investment multiple of each alternative investment
  770  vehicle since inception.
  771         h. The dollar amount of the total management fees and costs
  772  paid on an annual fiscal-year-end basis by the Florida
  773  Opportunity Fund to each alternative investment vehicle.
  774         i. The dollar amount of cash profit received by the Florida
  775  Opportunity Fund from each alternative investment vehicle on a
  776  fiscal-year-end basis.
  777         (2) PUBLIC RECORDS EXEMPTION.—
  778         (a) The following records held by the Florida Opportunity
  779  Fund are confidential and exempt from s. 119.07(1) and s. 24(a),
  780  Art. I of the State Constitution:
  781         1. Materials that relate to methods of manufacture or
  782  production, potential trade secrets, or patentable material
  783  received, generated, ascertained, or discovered during the
  784  course of research or through research projects and that are
  785  provided by a proprietor.
  786         2. Information that would identify an investor or potential
  787  investor who desires to remain anonymous in projects reviewed by
  788  the Florida Opportunity Fund.
  789         3. Proprietary confidential business information regarding
  790  alternative investments for 7 years after the termination of the
  791  alternative investment.
  792         (3) PUBLIC MEETINGS EXEMPTION.—
  793         (a) That portion of a meeting of the board of directors of
  794  the Florida Opportunity Fund at which information is discussed
  795  which is confidential and exempt under subsection (2) or s.
  796  688.01 is exempt from s. 286.011 and s. 24(b), Art. I of the
  797  State Constitution.
  798         (4) REQUEST TO INSPECT OR COPY A RECORD.—
  799         (b) Notwithstanding the provisions of paragraph (2)(a), a
  800  request to inspect or copy a public record that contains
  801  proprietary confidential business information shall be granted
  802  if the proprietor of the information fails, within a reasonable
  803  period of time after the request is received by the Florida
  804  Opportunity Fund, to verify the following to the Florida
  805  Opportunity Fund through a written declaration in the manner
  806  provided by s. 92.525:
  807         1. That the requested record contains proprietary
  808  confidential business information and the specific location of
  809  such information within the record;
  810         2. If the proprietary confidential business information is
  811  a trade secret, a verification that it is a trade secret as
  812  defined in s. 688.002;
  813         3. That the proprietary confidential business information
  814  is intended to be and is treated by the proprietor as private,
  815  is the subject of efforts of the proprietor to maintain its
  816  privacy, and is not readily ascertainable or publicly available
  817  from any other source; and
  818         3.4. That the disclosure of the proprietary confidential
  819  business information to the public would harm the business
  820  operations of the proprietor.
  821         (c)1. Any person may petition a court of competent
  822  jurisdiction for an order for the public release of those
  823  portions of any record made confidential and exempt by
  824  subsection (2).
  825         2. Any action under this subsection must be brought in
  826  Orange County, and the petition or other initial pleading shall
  827  be served on the Florida Opportunity Fund and, if determinable
  828  upon diligent inquiry, on the proprietor of the information
  829  sought to be released.
  830         3. In any order for the public release of a record under
  831  this subsection, the court shall make a finding that:
  832         a. The record or portion thereof is not a trade secret as
  833  defined in s. 688.002;
  834         b. A compelling public interest is served by the release of
  835  the record or portions thereof which exceed the public necessity
  836  for maintaining the confidentiality of such record; and
  837         b.c. The release of the record will not cause damage to or
  838  adversely affect the interests of the proprietor of the released
  839  information, other private persons or business entities, or the
  840  Florida Opportunity Fund.
  841         Section 20. Paragraph (b) of subsection (1), paragraph (a)
  842  of subsection (2), paragraph (a) of subsection (3), and
  843  paragraphs (b) and (c) of subsection (4) of section 288.9627,
  844  Florida Statutes, are amended to read:
  845         288.9627 Exemptions from public records and public meetings
  846  requirements for the Institute for Commercialization of Florida
  847  Technology.—
  848         (1) DEFINITIONS.—As used in this section, the term:
  849         (b)1. “Proprietary confidential business information” means
  850  information that has been designated by the proprietor when
  851  provided to the institute as information that is owned or
  852  controlled by a proprietor; that is intended to be and is
  853  treated by the proprietor as private, the disclosure of which
  854  would harm the business operations of the proprietor and has not
  855  been intentionally disclosed by the proprietor unless pursuant
  856  to a private agreement that provides that the information will
  857  not be released to the public except as required by law or legal
  858  process, or pursuant to law or an order of a court or
  859  administrative body; and that concerns:
  860         a. Trade secrets as defined in s. 688.002.
  861         b. Financial statements and internal or external auditor
  862  reports of a proprietor corporation, partnership, or person
  863  requesting confidentiality under this statute, unless publicly
  864  released by the proprietor.
  865         b.c. Meeting materials related to financial, operating,
  866  investment, or marketing information of the proprietor
  867  corporation, partnership, or person.
  868         c.d. Information concerning private investors in the
  869  proprietor corporation, partnership, or person.
  870         2. “Proprietary confidential business information” does not
  871  include:
  872         a. The identity and primary address of the proprietor’s
  873  principals.
  874         b. The dollar amount and date of the financial commitment
  875  or contribution made by the institute.
  876         c. The dollar amount, on a fiscal-year-end basis, of cash
  877  repayments or other fungible distributions received by the
  878  institute from each proprietor.
  879         d. The dollar amount, if any, of the total management fees
  880  and costs paid on an annual fiscal-year-end basis by the
  881  institute.
  882         (2) PUBLIC RECORDS EXEMPTION.—
  883         (a) The following records held by the institute are
  884  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  885  of the State Constitution:
  886         1. Materials that relate to methods of manufacture or
  887  production, potential trade secrets, or patentable material
  888  received, generated, ascertained, or discovered during the
  889  course of research or through research projects conducted by
  890  universities and other publicly supported organizations in this
  891  state and that are provided to the institute by a proprietor.
  892         2. Information that would identify an investor or potential
  893  investor who desires to remain anonymous in projects reviewed by
  894  the institute for assistance.
  895         3. Any information received from a person from another
  896  state or nation or the Federal Government which is otherwise
  897  confidential or exempt pursuant to the laws of that state or
  898  nation or pursuant to federal law.
  899         4. Proprietary confidential business information for 7
  900  years after the termination of the institute’s financial
  901  commitment to the company.
  902         (3) PUBLIC MEETINGS EXEMPTION.—
  903         (a) That portion of a meeting of the institute’s board of
  904  directors at which information is discussed which is
  905  confidential and exempt under subsection (2) or s. 688.01 is
  906  exempt from s. 286.011 and s. 24(b), Art. I of the State
  907  Constitution.
  908         (4) REQUEST TO INSPECT OR COPY A RECORD.—
  909         (b) Notwithstanding the provisions of paragraph (2)(a), a
  910  request to inspect or copy a public record that contains
  911  proprietary confidential business information shall be granted
  912  if the proprietor of the information fails, within a reasonable
  913  period of time after the request is received by the institute,
  914  to verify the following to the institute through a written
  915  declaration in the manner provided by s. 92.525:
  916         1. That the requested record contains proprietary
  917  confidential business information and the specific location of
  918  such information within the record;
  919         2. If the proprietary confidential business information is
  920  a trade secret, a verification that it is a trade secret as
  921  defined in s. 688.002;
  922         3. That the proprietary confidential business information
  923  is intended to be and is treated by the proprietor as private,
  924  is the subject of efforts of the proprietor to maintain its
  925  privacy, and is not readily ascertainable or publicly available
  926  from any other source; and
  927         3.4. That the disclosure of the proprietary confidential
  928  business information to the public would harm the business
  929  operations of the proprietor.
  930         (c)1. Any person may petition a court of competent
  931  jurisdiction for an order for the public release of those
  932  portions of any record made confidential and exempt by
  933  subsection (2).
  934         2. Any action under this subsection must be brought in Palm
  935  Beach County or Alachua County, and the petition or other
  936  initial pleading shall be served on the institute and, if
  937  determinable upon diligent inquiry, on the proprietor of the
  938  information sought to be released.
  939         3. In any order for the public release of a record under
  940  this subsection, the court shall make a finding that:
  941         a. The record or portion thereof is not a trade secret as
  942  defined in s. 688.002;
  943         b. A compelling public interest is served by the release of
  944  the record or portions thereof which exceed the public necessity
  945  for maintaining the confidentiality of such record; and
  946         b.c. The release of the record will not cause damage to or
  947  adversely affect the interests of the proprietor of the released
  948  information, other private persons or business entities, or the
  949  institute.
  950         Section 21. Section 331.326, Florida Statutes, is amended
  951  to read:
  952         331.326 Information relating to trade secrets
  953  confidential.—The records of Space Florida regarding matters
  954  encompassed by this act are public records subject to chapter
  955  119. Any information held by Space Florida which is a trade
  956  secret, as defined in s. 812.081, including trade secrets of
  957  Space Florida, any spaceport user, or the space industry
  958  business, is confidential and exempt from s. 119.07(1) and s.
  959  24(a), Art. I of the State Constitution and may not be
  960  disclosed. If Space Florida determines that any information
  961  requested by the public will reveal a trade secret, it shall, in
  962  writing, inform the person making the request of that
  963  determination. The determination is a final order as defined in
  964  s. 120.52. Any meeting or portion of a meeting of Space
  965  Florida’s board is exempt from s. 286.011 and s. 24(b), Art. I
  966  of the State Constitution when the board is discussing trade
  967  secrets as defined in s. 688.01. Any public record generated
  968  during the closed portions of the meetings, such as minutes,
  969  tape recordings, and notes, is confidential and exempt from s.
  970  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  971  section is subject to the Open Government Sunset Review Act in
  972  accordance with s. 119.15 and shall stand repealed on October 2,
  973  2021, unless reviewed and saved from repeal through reenactment
  974  by the Legislature.
  975         Section 22. Present subsection (4) of section 334.049,
  976  Florida Statutes, is amended, and present subsection (5) of that
  977  section is renumbered as subsection (4), to read:
  978         334.049 Patents, copyrights, trademarks; notice to
  979  Department of State; confidentiality of trade secrets.—
  980         (4)Any information obtained by the department as a result
  981  of research and development projects and revealing a method of
  982  process, production, or manufacture which is a trade secret as
  983  defined in s. 688.002, is confidential and exempt from the
  984  provisions of s. 119.07(1).
  985         Section 23. Section 350.121, Florida Statutes, is amended
  986  to read:
  987         350.121 Commission inquiries; confidentiality of business
  988  material.—If the commission undertakes an inquiry, any records,
  989  documents, papers, maps, books, tapes, photographs, files, sound
  990  recordings, or other business material, regardless of form or
  991  characteristics, obtained by the commission incident to the
  992  inquiry are considered confidential and exempt from s. 119.07(1)
  993  while the inquiry is pending. If at the conclusion of an inquiry
  994  the commission undertakes a formal proceeding, any matter
  995  determined by the commission or by a judicial or administrative
  996  body, federal or state, to be trade secrets or proprietary
  997  confidential business information coming into its possession
  998  pursuant to such inquiry shall be considered confidential and
  999  exempt from s. 119.07(1). Such material may be used in any
 1000  administrative or judicial proceeding so long as the
 1001  confidential or proprietary nature of the material is
 1002  maintained.
 1003         Section 24. Subsection (3) of section 364.183, Florida
 1004  Statutes, is amended to read:
 1005         364.183 Access to company records.—
 1006         (3) The term “proprietary confidential business
 1007  information” means information, regardless of form or
 1008  characteristics, which is owned or controlled by the person or
 1009  company, is intended to be and is treated by the person or
 1010  company as private in that the disclosure of the information
 1011  would cause harm to the ratepayers or the person’s or company’s
 1012  business operations, and has not been disclosed unless disclosed
 1013  pursuant to a statutory provision, an order of a court or
 1014  administrative body, or private agreement that provides that the
 1015  information will not be released to the public. The term
 1016  includes, but is not limited to:
 1017         (a) Trade secrets.
 1018         (b) Internal auditing controls and reports of internal
 1019  auditors.
 1020         (b)(c) Security measures, systems, or procedures.
 1021         (c)(d) Information concerning bids or other contractual
 1022  data, the disclosure of which would impair the efforts of the
 1023  company or its affiliates to contract for goods or services on
 1024  favorable terms.
 1025         (d)(e) Information relating to competitive interests, the
 1026  disclosure of which would impair the competitive business of the
 1027  provider of information.
 1028         (e)(f) Employee personnel information unrelated to
 1029  compensation, duties, qualifications, or responsibilities.
 1030         Section 25. Subsection (3) of section 365.174, Florida
 1031  Statutes, is amended to read:
 1032         365.174 Proprietary confidential business information.—
 1033         (3) As used in this section, the term “proprietary
 1034  confidential business information” means customer lists,
 1035  customer numbers, individual or aggregate customer data by
 1036  location, usage and capacity data, network facilities used to
 1037  serve subscribers, technology descriptions, or technical
 1038  information, or trade secrets, including trade secrets as
 1039  defined in s. 812.081, and the actual or developmental costs of
 1040  E911 systems that are developed, produced, or received
 1041  internally by a provider or by a provider’s employees,
 1042  directors, officers, or agents.
 1043         Section 26. Subsection (3) of section 366.093, Florida
 1044  Statutes, is amended to read:
 1045         366.093 Public utility records; confidentiality.—
 1046         (3) Proprietary confidential business information means
 1047  information, regardless of form or characteristics, which is
 1048  owned or controlled by the person or company, is intended to be
 1049  and is treated by the person or company as private in that the
 1050  disclosure of the information would cause harm to the ratepayers
 1051  or the person’s or company’s business operations, and has not
 1052  been disclosed unless disclosed pursuant to a statutory
 1053  provision, an order of a court or administrative body, or
 1054  private agreement that provides that the information will not be
 1055  released to the public. Proprietary confidential business
 1056  information includes, but is not limited to:
 1057         (a) Trade secrets.
 1058         (b) Internal auditing controls and reports of internal
 1059  auditors.
 1060         (b)(c) Security measures, systems, or procedures.
 1061         (c)(d) Information concerning bids or other contractual
 1062  data, the disclosure of which would impair the efforts of the
 1063  public utility or its affiliates to contract for goods or
 1064  services on favorable terms.
 1065         (d)(e) Information relating to competitive interests, the
 1066  disclosure of which would impair the competitive business of the
 1067  provider of the information.
 1068         (e)(f) Employee personnel information unrelated to
 1069  compensation, duties, qualifications, or responsibilities.
 1070         Section 27. Subsection (3) of section 367.156, Florida
 1071  Statutes, is amended to read:
 1072         367.156 Public utility records; confidentiality.—
 1073         (3) Proprietary confidential business information means
 1074  information, regardless of form or characteristics, which is
 1075  owned or controlled by the person or company, is intended to be
 1076  and is treated by the person or company as private in that the
 1077  disclosure of the information would cause harm to the ratepayers
 1078  or the person’s or company’s business operations, and has not
 1079  been disclosed unless disclosed pursuant to a statutory
 1080  provision, an order of a court or administrative body, or a
 1081  private agreement that provides that the information will not be
 1082  released to the public. Proprietary business information
 1083  includes, but is not limited to:
 1084         (a) Trade secrets.
 1085         (b) Internal auditing controls and reports of internal
 1086  auditors.
 1087         (b)(c) Security measures, systems, or procedures.
 1088         (c)(d) Information concerning bids or other contractual
 1089  data, the disclosure of which would impair the efforts of the
 1090  utility or its affiliates to contract for goods or services on
 1091  favorable terms.
 1092         (d)(e) Information relating to competitive interests, the
 1093  disclosure of which would impair the competitive businesses of
 1094  the provider of the information.
 1095         (e)(f) Employee personnel information unrelated to
 1096  compensation, duties, qualifications, or responsibilities.
 1097         Section 28. Subsection (3) of section 368.108, Florida
 1098  Statutes, is amended to read:
 1099         368.108 Confidentiality; discovery.—
 1100         (3) “Proprietary confidential business information” means
 1101  information, regardless of form or characteristics, which is
 1102  owned or controlled by the person or company, is intended to be
 1103  and is treated by the person or company as private in that the
 1104  disclosure of the information would cause harm to the ratepayers
 1105  or the person’s or company’s business operations, and has not
 1106  been disclosed unless disclosed pursuant to a statutory
 1107  provision, an order of a court or administrative body, or a
 1108  private agreement that provides that the information will not be
 1109  released to the public. “Proprietary confidential business
 1110  information” includes, but is not limited to:
 1111         (a) Trade secrets.
 1112         (b) Internal auditing controls and reports of internal
 1113  auditors.
 1114         (b)(c) Security measures, systems, or procedures.
 1115         (c)(d) Information concerning bids or other contractual
 1116  data, the disclosure of which would impair the efforts of the
 1117  natural gas transmission company or its affiliates to contract
 1118  for goods or services on favorable terms.
 1119         (d)(e) Information relating to competitive interests, the
 1120  disclosure of which would impair the competitive business of the
 1121  provider of the information.
 1122         (e)(f) Employee personnel information unrelated to
 1123  compensation, duties, qualifications, or responsibilities.
 1124         Section 29. Section 381.83, Florida Statutes, is repealed.
 1125         Section 30. Paragraph (c) of subsection (2) of section
 1126  395.3035, Florida Statutes, is amended to read:
 1127         395.3035 Confidentiality of hospital records and meetings.—
 1128         (2) The following records and information of any hospital
 1129  that is subject to chapter 119 and s. 24(a), Art. I of the State
 1130  Constitution are confidential and exempt from the provisions of
 1131  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1132         (c) Trade secrets, as defined in s. 688.002, including
 1133  Reimbursement methodologies and rates.
 1134         Section 31. Subsection (2) and paragraph (b) of subsection
 1135  (3) of section 403.7046, Florida Statutes, are amended to read:
 1136         403.7046 Regulation of recovered materials.—
 1137         (2) Notwithstanding s. 688.01, information reported
 1138  pursuant to this section or any rule adopted pursuant to this
 1139  section which, if disclosed, would reveal a trade secret, as
 1140  defined in s. 688.01, may be provided by the department s.
 1141  812.081, is confidential and exempt from s. 119.07(1) and s.
 1142  24(a), Art. I of the State Constitution. For reporting or
 1143  information purposes, however, the department may provide this
 1144  information in such form that the names of the persons reporting
 1145  such information and the specific information reported are not
 1146  revealed. This subsection is subject to the Open Government
 1147  Sunset Review Act in accordance with s. 119.15 and shall stand
 1148  repealed on October 2, 2021, unless reviewed and saved from
 1149  repeal through reenactment by the Legislature.
 1150         (3) Except as otherwise provided in this section or
 1151  pursuant to a special act in effect on or before January 1,
 1152  1993, a local government may not require a commercial
 1153  establishment that generates source-separated recovered
 1154  materials to sell or otherwise convey its recovered materials to
 1155  the local government or to a facility designated by the local
 1156  government, nor may the local government restrict such a
 1157  generator’s right to sell or otherwise convey such recovered
 1158  materials to any properly certified recovered materials dealer
 1159  who has satisfied the requirements of this section. A local
 1160  government may not enact any ordinance that prevents such a
 1161  dealer from entering into a contract with a commercial
 1162  establishment to purchase, collect, transport, process, or
 1163  receive source-separated recovered materials.
 1164         (b)1. Before engaging in business within the jurisdiction
 1165  of the local government, a recovered materials dealer or
 1166  pyrolysis facility must provide the local government with a copy
 1167  of the certification provided for in this section. In addition,
 1168  the local government may establish a registration process
 1169  whereby a recovered materials dealer or pyrolysis facility must
 1170  register with the local government before engaging in business
 1171  within the jurisdiction of the local government. Such
 1172  registration process is limited to requiring the dealer or
 1173  pyrolysis facility to register its name, including the owner or
 1174  operator of the dealer or pyrolysis facility, and, if the dealer
 1175  or pyrolysis facility is a business entity, its general or
 1176  limited partners, its corporate officers and directors, its
 1177  permanent place of business, evidence of its certification under
 1178  this section, and a certification that the recovered materials
 1179  or post-use polymers will be processed at a recovered materials
 1180  processing facility or pyrolysis facility satisfying the
 1181  requirements of this section. The local government may not use
 1182  the information provided in the registration application to
 1183  compete unfairly with the recovered materials dealer until 90
 1184  days after receipt of the application. All counties, and
 1185  municipalities whose population exceeds 35,000 according to the
 1186  population estimates determined pursuant to s. 186.901, may
 1187  establish a reporting process that must be limited to the
 1188  regulations, reporting format, and reporting frequency
 1189  established by the department pursuant to this section, which
 1190  must, at a minimum, include requiring the dealer or pyrolysis
 1191  facility to identify the types and approximate amount of
 1192  recovered materials or post-use polymers collected, recycled, or
 1193  reused during the reporting period; the approximate percentage
 1194  of recovered materials or post-use polymers reused, stored, or
 1195  delivered to a recovered materials processing facility or
 1196  pyrolysis facility or disposed of in a solid waste disposal
 1197  facility; and the locations where any recovered materials or
 1198  post-use polymers were disposed of as solid waste. The local
 1199  government may charge the dealer or pyrolysis facility a
 1200  registration fee commensurate with and no greater than the cost
 1201  incurred by the local government in operating its registration
 1202  program. Registration program costs are limited to those costs
 1203  associated with the activities described in this paragraph
 1204  subparagraph. Any reporting or registration process established
 1205  by a local government with regard to recovered materials or
 1206  post-use polymers is governed by this section and department
 1207  rules adopted pursuant thereto.
 1208         2.Information reported under this subsection which, if
 1209  disclosed, would reveal a trade secret, as defined in s.
 1210  812.081, is confidential and exempt from s. 119.07(1) and s.
 1211  24(a), Art. I of the State Constitution. This subparagraph is
 1212  subject to the Open Government Sunset Review Act in accordance
 1213  with s. 119.15 and shall stand repealed on October 2, 2021,
 1214  unless reviewed and saved from repeal through reenactment by the
 1215  Legislature.
 1216         Section 32. Section 403.73, Florida Statutes, is repealed.
 1217         Section 33. Paragraph (c) of subsection (1) of section
 1218  408.061, Florida Statutes, is amended to read:
 1219         408.061 Data collection; uniform systems of financial
 1220  reporting; information relating to physician charges;
 1221  confidential information; immunity.—
 1222         (1) The agency shall require the submission by health care
 1223  facilities, health care providers, and health insurers of data
 1224  necessary to carry out the agency’s duties and to facilitate
 1225  transparency in health care pricing data and quality measures.
 1226  Specifications for data to be collected under this section shall
 1227  be developed by the agency and applicable contract vendors, with
 1228  the assistance of technical advisory panels including
 1229  representatives of affected entities, consumers, purchasers, and
 1230  such other interested parties as may be determined by the
 1231  agency.
 1232         (c) Data to be submitted by health insurers may include,
 1233  but are not limited to: claims, payments to health care
 1234  facilities and health care providers as specified by rule,
 1235  premium, administration, and financial information. Data
 1236  submitted shall be certified by the chief financial officer, an
 1237  appropriate and duly authorized representative, or an employee
 1238  of the insurer that the information submitted is true and
 1239  accurate. Information that is considered a trade secret under s.
 1240  812.081 shall be clearly designated.
 1241         Section 34. Present subsection (1) of section 408.185,
 1242  Florida Statutes, is amended, and present subsections (2)
 1243  through (5) of that section are renumbered as subsections (1)
 1244  through (4), respectively, to read:
 1245         408.185 Information submitted for review of antitrust
 1246  issues; confidentiality.—The following information held by the
 1247  Office of the Attorney General, which is submitted by a member
 1248  of the health care community pursuant to a request for an
 1249  antitrust no-action letter shall be confidential and exempt from
 1250  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1251  Constitution for 1 year after the date of submission.
 1252         (1)Documents that reveal trade secrets as defined in s.
 1253  688.002.
 1254         Section 35. Paragraph (a) of subsection (14) of section
 1255  408.910, Florida Statutes, is amended to read:
 1256         408.910 Florida Health Choices Program.—
 1257         (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
 1258         (a) Definitions.—For purposes of this subsection, the term:
 1259         1. “Buyer’s representative” means a participating insurance
 1260  agent as described in paragraph (4)(g).
 1261         2. “Enrollee” means an employer who is eligible to enroll
 1262  in the program pursuant to paragraph (4)(a).
 1263         3. “Participant” means an individual who is eligible to
 1264  participate in the program pursuant to paragraph (4)(b).
 1265         4. “Proprietary confidential business information” means
 1266  information, regardless of form or characteristics, that is
 1267  owned or controlled by a vendor requesting confidentiality under
 1268  this section; that is intended to be and is treated by the
 1269  vendor as private in that the disclosure of the information
 1270  would cause harm to the business operations of the vendor; that
 1271  has not been disclosed unless disclosed pursuant to a statutory
 1272  provision, an order of a court or administrative body, or a
 1273  private agreement providing that the information may be released
 1274  to the public; and that is information concerning:
 1275         a. Business plans.
 1276         b. Internal auditing controls and reports of internal
 1277  auditors.
 1278         c. Reports of external auditors for privately held
 1279  companies.
 1280         d. Client and customer lists.
 1281         e. Potentially patentable material.
 1282         f.A trade secret as defined in s. 688.002.
 1283         5. “Vendor” means a participating insurer or other provider
 1284  of services as described in paragraph (4)(d).
 1285         Section 36. Section 409.91196, Florida Statutes, is amended
 1286  to read:
 1287         409.91196 Supplemental rebate agreements; public records
 1288  and public meetings exemption.—
 1289         (1) The rebate amount, percent of rebate, manufacturer’s
 1290  pricing, and supplemental rebate, and other trade secrets as
 1291  defined in s. 688.002 that the agency has identified for use in
 1292  negotiations, held by the Agency for Health Care Administration
 1293  under s. 409.912(5)(a)7. are confidential and exempt from s.
 1294  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1295         (2) That portion of a meeting of the Medicaid
 1296  Pharmaceutical and Therapeutics Committee at which the rebate
 1297  amount, percent of rebate, manufacturer’s pricing, or
 1298  supplemental rebate, or confidential and exempt other trade
 1299  secrets as provided for in s. 688.01 defined in s. 688.002 that
 1300  the agency has identified for use in negotiations, are discussed
 1301  is exempt from s. 286.011 and s. 24(b), Art. I of the State
 1302  Constitution. A record shall be made of each exempt portion of a
 1303  meeting. Such record must include the times of commencement and
 1304  termination, all discussions and proceedings, the names of all
 1305  persons present at any time, and the names of all persons
 1306  speaking. No exempt portion of a meeting may be held off the
 1307  record.
 1308         Section 37. Subsection (2) of section 440.108, Florida
 1309  Statutes, is amended to read:
 1310         440.108 Investigatory records relating to workers’
 1311  compensation employer compliance; confidentiality.—
 1312         (2) After an investigation is completed or ceases to be
 1313  active, information in records relating to the investigation
 1314  remains confidential and exempt from the provisions of s.
 1315  119.07(1) and s. 24(a), Art. I of the State Constitution if
 1316  disclosure of that information would:
 1317         (a) Jeopardize the integrity of another active
 1318  investigation;
 1319         (b) Reveal a trade secret, as defined in s. 688.002;
 1320         (c) Reveal business or personal financial information;
 1321         (c)(d) Reveal personal identifying information regarding
 1322  the identity of a confidential source;
 1323         (d)(e) Defame or cause unwarranted damage to the good name
 1324  or reputation of an individual or jeopardize the safety of an
 1325  individual; or
 1326         (e)(f) Reveal investigative techniques or procedures.
 1327         Section 38. Paragraph (c) of subsection (1) of section
 1328  494.00125, Florida Statutes, is amended to read:
 1329         494.00125 Public records exemptions.—
 1330         (1) INVESTIGATIONS OR EXAMINATIONS.—
 1331         (c) Except as necessary for the office to enforce the
 1332  provisions of this chapter, a consumer complaint and other
 1333  information relative to an investigation or examination shall
 1334  remain confidential and exempt from s. 119.07(1) after the
 1335  investigation or examination is completed or ceases to be active
 1336  to the extent disclosure would:
 1337         1. Jeopardize the integrity of another active investigation
 1338  or examination.
 1339         2. Reveal the name, address, telephone number, social
 1340  security number, or any other identifying number or information
 1341  of any complainant, customer, or account holder.
 1342         3. Disclose the identity of a confidential source.
 1343         4. Disclose investigative techniques or procedures.
 1344         5.Reveal a trade secret as defined in s. 688.002.
 1345         Section 39. Subsection (4) of section 497.172, Florida
 1346  Statutes, is amended to read:
 1347         497.172 Public records exemptions; public meetings
 1348  exemptions.—
 1349         (4)TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
 1350  held by the department or board, are confidential and exempt
 1351  from s. 119.07(1) and s. 24(a), Art. I of the State
 1352  Constitution.
 1353         Section 40. Paragraph (c) of subsection (3) of section
 1354  499.012, Florida Statutes, is amended to read:
 1355         499.012 Permit application requirements.—
 1356         (3)
 1357         (c)Information submitted by an applicant on an application
 1358  required pursuant to this subsection which is a trade secret, as
 1359  defined in s. 812.081, shall be maintained by the department as
 1360  trade secret information pursuant to s. 499.051(7).
 1361         Section 41. Subsection (7) of section 499.0121, Florida
 1362  Statutes, is amended to read:
 1363         499.0121 Storage and handling of prescription drugs;
 1364  recordkeeping.—The department shall adopt rules to implement
 1365  this section as necessary to protect the public health, safety,
 1366  and welfare. Such rules shall include, but not be limited to,
 1367  requirements for the storage and handling of prescription drugs
 1368  and for the establishment and maintenance of prescription drug
 1369  distribution records.
 1370         (7) PRESCRIPTION DRUG PURCHASE LIST.—
 1371         (a) Each wholesale distributor, except for a manufacturer,
 1372  shall annually provide the department with a written list of all
 1373  wholesale distributors and manufacturers from whom the wholesale
 1374  distributor purchases prescription drugs. A wholesale
 1375  distributor, except a manufacturer, shall notify the department
 1376  not later than 10 days after any change to either list.
 1377         (b)Such portions of the information required pursuant to
 1378  this subsection which are a trade secret, as defined in s.
 1379  812.081, shall be maintained by the department as trade secret
 1380  information is required to be maintained under s. 499.051. This
 1381  paragraph is subject to the Open Government Sunset Review Act in
 1382  accordance with s. 119.15 and shall stand repealed on October 2,
 1383  2021, unless reviewed and saved from repeal through reenactment
 1384  by the Legislature.
 1385         Section 42. Paragraph (g) of subsection (1) of section
 1386  499.05, Florida Statutes, is amended to read:
 1387         499.05 Rules.—
 1388         (1) The department shall adopt rules to implement and
 1389  enforce this chapter with respect to:
 1390         (g) Inspections and investigations conducted under s.
 1391  499.051 or s. 499.93, and the identification of information
 1392  claimed to be a trade secret and exempt from the public records
 1393  law as provided in s. 499.051(7).
 1394         Section 43. Subsection (7) of section 499.051, Florida
 1395  Statutes, is amended to read:
 1396         499.051 Inspections and investigations.—
 1397         (7)(a) The complaint and all information obtained pursuant
 1398  to the investigation by the department are confidential and
 1399  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1400  Constitution until the investigation and the enforcement action
 1401  are completed.
 1402         (b) Information that constitutes a trade secret, as defined
 1403  in s. 812.081, contained in the complaint or obtained by the
 1404  department pursuant to the investigation must remain
 1405  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1406  of the State Constitution as long as the information is held by
 1407  the department. This paragraph is subject to the Open Government
 1408  Sunset Review Act in accordance with s. 119.15 and shall stand
 1409  repealed on October 2, 2021, unless reviewed and saved from
 1410  repeal through reenactment by the Legislature.
 1411         (c) This subsection does not prohibit the department from
 1412  using such information for regulatory or enforcement proceedings
 1413  under this chapter or from providing such information to any law
 1414  enforcement agency or any other regulatory agency. However, the
 1415  receiving agency shall keep such records confidential and exempt
 1416  as provided in this subsection.
 1417         Section 44. Section 499.931, Florida Statutes, is repealed.
 1418         Section 45. Paragraph (d) of subsection (11) of section
 1419  501.171, Florida Statutes, is amended to read:
 1420         501.171 Security of confidential personal information.—
 1421         (11) PUBLIC RECORDS EXEMPTION.—
 1422         (d) For purposes of this subsection, the term “proprietary
 1423  information” means information that:
 1424         1. Is owned or controlled by the covered entity.
 1425         2. Is intended to be private and is treated by the covered
 1426  entity as private because disclosure would harm the covered
 1427  entity or its business operations.
 1428         3. Has not been disclosed except as required by law or a
 1429  private agreement that provides that the information will not be
 1430  released to the public.
 1431         4. Is not publicly available or otherwise readily
 1432  ascertainable through proper means from another source in the
 1433  same configuration as received by the department.
 1434         5. Includes:
 1435         a.Trade secrets as defined in s. 688.002.
 1436         b. competitive interests, the disclosure of which would
 1437  impair the competitive business of the covered entity who is the
 1438  subject of the information.
 1439         Section 46. Section 502.222, Florida Statutes, is repealed.
 1440         Section 47. Paragraph (b) of subsection (1) of section
 1441  517.2015, Florida Statutes, is amended to read:
 1442         517.2015 Confidentiality of information relating to
 1443  investigations and examinations.—
 1444         (1)
 1445         (b) Except as necessary for the office to enforce the
 1446  provisions of this chapter, a consumer complaint and other
 1447  information relative to an investigation or examination shall
 1448  remain confidential and exempt from s. 119.07(1) after the
 1449  investigation or examination is completed or ceases to be active
 1450  to the extent disclosure would:
 1451         1. Jeopardize the integrity of another active investigation
 1452  or examination.
 1453         2. Reveal the name, address, telephone number, social
 1454  security number, or any other identifying number or information
 1455  of any complainant, customer, or account holder.
 1456         3. Disclose the identity of a confidential source.
 1457         4. Disclose investigative techniques or procedures.
 1458         5.Reveal a trade secret as defined in s. 688.002.
 1459         Section 48. Paragraph (b) of subsection (1) of section
 1460  520.9965, Florida Statutes, is amended to read:
 1461         520.9965 Confidentiality of information relating to
 1462  investigations and examinations.—
 1463         (1)
 1464         (b) Except as necessary for the office to enforce the
 1465  provisions of this chapter, a consumer complaint and other
 1466  information relative to an investigation or examination shall
 1467  remain confidential and exempt from s. 119.07(1) after the
 1468  investigation or examination is completed or ceases to be active
 1469  to the extent disclosure would:
 1470         1. Jeopardize the integrity of another active investigation
 1471  or examination.
 1472         2. Reveal the name, address, telephone number, social
 1473  security number, or any other identifying number or information
 1474  of any complainant, customer, or account holder.
 1475         3. Disclose the identity of a confidential source.
 1476         4. Disclose investigative techniques or procedures.
 1477         5.Reveal a trade secret as defined in s. 688.002.
 1478         Section 49. Subsection (2) of section 526.311, Florida
 1479  Statutes, is amended to read:
 1480         526.311 Enforcement; civil penalties; injunctive relief.—
 1481         (2) The Department of Agriculture and Consumer Services
 1482  shall investigate any complaints regarding violations of this
 1483  act and may request in writing the production of documents and
 1484  records as part of its investigation of a complaint. If the
 1485  person upon whom such request was made fails to produce the
 1486  documents or records within 30 days after the date of the
 1487  request, the department, through the department’s office of
 1488  general counsel, may issue and serve a subpoena to compel the
 1489  production of such documents and records. If any person shall
 1490  refuse to comply with a subpoena issued under this section, the
 1491  department may petition a court of competent jurisdiction to
 1492  enforce the subpoena and assess such sanctions as the court may
 1493  direct. Refiners shall afford the department reasonable access
 1494  to the refiners’ posted terminal price. Any records, documents,
 1495  papers, maps, books, tapes, photographs, files, sound
 1496  recordings, or other business material, regardless of form or
 1497  characteristics, obtained by the department are confidential and
 1498  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1499  of the State Constitution while the investigation is pending. At
 1500  the conclusion of an investigation, any matter determined by the
 1501  department or by a judicial or administrative body, federal or
 1502  state, to be a trade secret or proprietary confidential business
 1503  information held by the department pursuant to such
 1504  investigation shall be considered confidential and exempt from
 1505  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1506  Constitution. Such materials may be used in any administrative
 1507  or judicial proceeding so long as the confidential or
 1508  proprietary nature of the material is maintained.
 1509         Section 50. Paragraph (e) of subsection (1) of section
 1510  548.062, Florida Statutes, is amended to read:
 1511         548.062 Public records exemption.—
 1512         (1) As used in this section, the term “proprietary
 1513  confidential business information” means information that:
 1514         (e) Concerns any of the following:
 1515         1. The number of ticket sales for a match;
 1516         2. The amount of gross receipts after a match;
 1517         3. A trade secret, as defined in s. 688.002;
 1518         4. Business plans;
 1519         4.5. Internal auditing controls and reports of internal
 1520  auditors; or
 1521         5.6. Reports of external auditors.
 1522         Section 51. Paragraph (a) of subsection (1) of section
 1523  556.113, Florida Statutes, is amended to read:
 1524         556.113 Sunshine State One-Call of Florida, Inc.; public
 1525  records exemption.—
 1526         (1) As used in this section, the term “proprietary
 1527  confidential business information” means information provided
 1528  by:
 1529         (a) A member operator which is a map, plan, facility
 1530  location diagram, internal damage investigation report or
 1531  analysis, or dispatch methodology, or trade secret as defined in
 1532  s. 688.002, or which describes the exact location of a utility
 1533  underground facility or the protection, repair, or restoration
 1534  thereof, and:
 1535         1. Is intended to be and is treated by the member operator
 1536  as confidential;
 1537         2. The disclosure of which would likely be used by a
 1538  competitor to harm the business interests of the member operator
 1539  or could be used for the purpose of inflicting damage on
 1540  underground facilities; and
 1541         3. Is not otherwise readily ascertainable or publicly
 1542  available by proper means by other persons from another source
 1543  in the same configuration as provided to Sunshine State One-Call
 1544  of Florida, Inc.
 1545         Section 52. Paragraph (b) of subsection (2) of section
 1546  559.5558, Florida Statutes, is amended to read:
 1547         559.5558 Public records exemption; investigations and
 1548  examinations.—
 1549         (2)
 1550         (b) Information made confidential and exempt pursuant to
 1551  this section is no longer confidential and exempt once the
 1552  investigation or examination is completed or ceases to be active
 1553  unless disclosure of the information would:
 1554         1. Jeopardize the integrity of another active investigation
 1555  or examination.
 1556         2. Reveal the personal identifying information of a
 1557  consumer, unless the consumer is also the complainant. A
 1558  complainant’s personal identifying information is subject to
 1559  disclosure after the investigation or examination is completed
 1560  or ceases to be active. However, a complainant’s personal
 1561  financial and health information remains confidential and
 1562  exempt.
 1563         3. Reveal the identity of a confidential source.
 1564         4. Reveal investigative or examination techniques or
 1565  procedures.
 1566         5.Reveal trade secrets, as defined in s. 688.002.
 1567         Section 53. Paragraph (c) of subsection (3) of section
 1568  559.9285, Florida Statutes, is amended to read:
 1569         559.9285 Certification of business activities.—
 1570         (3) The department shall specify by rule the form of each
 1571  certification under this section which shall include the
 1572  following information:
 1573         (c) The legal name, any trade names or fictitious names,
 1574  mailing address, physical address, telephone number or numbers,
 1575  facsimile number or numbers, and all Internet and electronic
 1576  contact information of every other commercial entity with which
 1577  the certifying party engages in business or commerce that is
 1578  related in any way to the certifying party’s business or
 1579  commerce with any terrorist state. The information disclosed
 1580  pursuant to this paragraph does not constitute customer lists
 1581  or, customer names, or trade secrets protected under s.
 1582  570.544(8) or trade secrets protected under s. 688.01.
 1583         Section 54. Subsection (2) of section 560.129, Florida
 1584  Statutes, is amended to read:
 1585         560.129 Confidentiality.—
 1586         (2) All information obtained by the office in the course of
 1587  its investigation or examination which is a trade secret, as
 1588  defined in s. 688.002, or which is personal financial
 1589  information shall remain confidential and exempt from s.
 1590  119.07(1) and s. 24(a), Art. I of the State Constitution. If any
 1591  administrative, civil, or criminal proceeding against a money
 1592  services business, its authorized vendor, or an affiliated party
 1593  is initiated and the office seeks to use matter that a licensee
 1594  believes to be a trade secret or personal financial information,
 1595  such records shall be subject to an in camera review by the
 1596  administrative law judge, if the matter is before the Division
 1597  of Administrative Hearings, or a judge of any court of this
 1598  state, any other state, or the United States, as appropriate,
 1599  for the purpose of determining if the matter is a trade secret
 1600  or is personal financial information. If it is determined that
 1601  the matter is a trade secret, the matter shall remain
 1602  confidential. If it is determined that the matter is personal
 1603  financial information, the matter shall remain confidential
 1604  unless the administrative law judge or judge determines that, in
 1605  the interests of justice, the matter should become public.
 1606         Section 55. Subsection (3) of section 570.48, Florida
 1607  Statutes, is amended to read:
 1608         570.48 Division of Fruit and Vegetables; powers and duties;
 1609  records.—The duties of the Division of Fruit and Vegetables
 1610  include, but are not limited to:
 1611         (3) Maintaining the records of the division. The records of
 1612  the division are public records.; however, trade secrets as
 1613  defined in s. 812.081 are confidential and exempt from s.
 1614  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 1615  subsection is subject to the Open Government Sunset Review Act
 1616  in accordance with s. 119.15 and shall stand repealed on October
 1617  2, 2021, unless reviewed and saved from repeal through
 1618  reenactment by the Legislature. This Section 688.01 may not be
 1619  construed to prohibit:
 1620         (a)A disclosure necessary to enforcement procedures.
 1621         (b)The department from releasing information to other
 1622  governmental agencies. Other governmental agencies that receive
 1623  confidential information from the department under this
 1624  subsection shall maintain the confidentiality of that
 1625  information.
 1626         (c) the department or other agencies from compiling and
 1627  publishing appropriate data regarding procedures, yield,
 1628  recovery, quality, and related matters, provided such released
 1629  data do not reveal by whom the activity to which the data relate
 1630  was conducted.
 1631         Section 56. Subsection (8) of section 570.544, Florida
 1632  Statutes, is amended to read:
 1633         570.544 Division of Consumer Services; director; powers;
 1634  processing of complaints; records.—
 1635         (8) The records of the Division of Consumer Services are
 1636  public records. However, customer lists and, customer names, and
 1637  trade secrets are confidential and exempt from the provisions of
 1638  s. 119.07(1). Disclosure necessary to enforcement procedures
 1639  does not violate this prohibition.
 1640         Section 57. Present subsection (2) of section 573.123,
 1641  Florida Statutes, is amended, and present subsections (3) and
 1642  (4) of that subsection are renumbered as subsections (2) and
 1643  (3), respectively, to read:
 1644         573.123 Maintenance and production of records.—
 1645         (2)Information that, if disclosed, would reveal a trade
 1646  secret, as defined in s. 812.081, of any person subject to a
 1647  marketing order is confidential and exempt from s. 119.07(1) and
 1648  s. 24(a), Art. I of the State Constitution and may not be
 1649  disclosed except to an attorney who provides legal advice to the
 1650  division about enforcing a marketing order or by court order. A
 1651  person who receives confidential information under this
 1652  subsection shall maintain the confidentiality of that
 1653  information. This subsection is subject to the Open Government
 1654  Sunset Review Act in accordance with s. 119.15 and shall stand
 1655  repealed on October 2, 2021, unless reviewed and saved from
 1656  repeal through reenactment by the Legislature.
 1657         Section 58. Section 581.199, Florida Statutes, is repealed.
 1658         Section 59. Paragraph (b) of subsection (8) of section
 1659  601.10, Florida Statutes, is amended, and present paragraph (c)
 1660  of that subsection is redesignated as paragraph (b), to read:
 1661         601.10 Powers of the Department of Citrus.—The department
 1662  shall have and shall exercise such general and specific powers
 1663  as are delegated to it by this chapter and other statutes of the
 1664  state, which powers shall include, but are not limited to, the
 1665  following:
 1666         (8)
 1667         (b)Any information provided to the department which
 1668  constitutes a trade secret as defined in s. 812.081 is
 1669  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1670  of the State Constitution. This paragraph is subject to the Open
 1671  Government Sunset Review Act in accordance with s. 119.15 and
 1672  shall stand repealed on October 2, 2021, unless reviewed and
 1673  saved from repeal through reenactment by the Legislature.
 1674         Section 60. Paragraph (d) of subsection (7) of section
 1675  601.15, Florida Statutes, is amended to read:
 1676         601.15 Advertising campaign; methods of conducting;
 1677  assessments; emergency reserve fund; citrus research.—
 1678         (7) All assessments levied and collected under this chapter
 1679  shall be paid into the State Treasury on or before the 15th day
 1680  of each month. Such moneys shall be accounted for in a special
 1681  fund to be designated as the Florida Citrus Advertising Trust
 1682  Fund, and all moneys in such fund are appropriated to the
 1683  department for the following purposes:
 1684         (d)1. The pro rata portion of moneys allocated to each type
 1685  of citrus product in noncommodity programs shall be used by the
 1686  department to encourage substantial increases in the
 1687  effectiveness, frequency, and volume of noncommodity
 1688  advertising, merchandising, publicity, and sales promotion of
 1689  such citrus products through rebates and incentive payments to
 1690  handlers and trade customers for these activities. The
 1691  department shall adopt rules providing for the use of such
 1692  moneys. The rules shall establish alternate incentive programs,
 1693  including at least one incentive program for product sold under
 1694  advertised brands, one incentive program for product sold under
 1695  private label brands, and one incentive program for product sold
 1696  in bulk. For each incentive program, the rules must establish
 1697  eligibility and performance requirements and must provide
 1698  appropriate limitations on amounts payable to a handler or trade
 1699  customer for a particular season. Such limitations may relate to
 1700  the amount of citrus assessments levied and collected on the
 1701  citrus product handled by such handler or trade customer during
 1702  a 12-month representative period.
 1703         2. The department may require from participants in
 1704  noncommodity advertising and promotional programs commercial
 1705  information necessary to determine eligibility for and
 1706  performance in such programs. Any information required which
 1707  constitutes a trade secret as defined in s. 812.081 is
 1708  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1709  of the State Constitution. This subparagraph is subject to the
 1710  Open Government Sunset Review Act in accordance with s. 119.15
 1711  and shall stand repealed on October 2, 2021, unless reviewed and
 1712  saved from repeal through reenactment by the Legislature.
 1713         Section 61. Paragraph (c) of subsection (8) of section
 1714  601.152, Florida Statutes, is amended to read:
 1715         601.152 Special marketing orders.—
 1716         (8)
 1717         (c)1. Every handler shall, at such times as the department
 1718  may require, file with the department a return, not under oath,
 1719  on forms to be prescribed and furnished by the department,
 1720  certified as true and correct, stating the quantity of the type,
 1721  variety, and form of citrus fruit or citrus product specified in
 1722  the marketing order first handled in the primary channels of
 1723  trade in the state by such handler during the period of time
 1724  specified in the marketing order. Such returns must contain any
 1725  further information deemed by the department to be reasonably
 1726  necessary to properly administer or enforce this section or any
 1727  marketing order implemented under this section.
 1728         2.Information that, if disclosed, would reveal a trade
 1729  secret, as defined in s. 812.081, of any person subject to a
 1730  marketing order is confidential and exempt from s. 119.07(1) and
 1731  s. 24(a), Art. I of the State Constitution. This subparagraph is
 1732  subject to the Open Government Sunset Review Act in accordance
 1733  with s. 119.15 and shall stand repealed on October 2, 2021,
 1734  unless reviewed and saved from repeal through reenactment by the
 1735  Legislature.
 1736         Section 62. Section 601.76, Florida Statutes, is amended to
 1737  read:
 1738         601.76 Manufacturer to furnish formula and other
 1739  information.—Any formula required to be filed with the
 1740  Department of Agriculture shall be deemed a trade secret as
 1741  defined in s. 812.081, is confidential and exempt from s.
 1742  119.07(1) and s. 24(a), Art. I of the State Constitution, and
 1743  may be divulged only to the Department of Agriculture or to its
 1744  duly authorized representatives or upon court order when
 1745  necessary in the enforcement of this law. A person who receives
 1746  such a formula from the Department of Agriculture under this
 1747  section shall maintain the confidentiality of the formula. This
 1748  section is subject to the Open Government Sunset Review Act in
 1749  accordance with s. 119.15 and shall stand repealed on October 2,
 1750  2021, unless reviewed and saved from repeal through reenactment
 1751  by the Legislature.
 1752         Section 63. Subsection (6) of section 607.0505, Florida
 1753  Statutes, is amended to read:
 1754         607.0505 Registered agent; duties.—
 1755         (6) Information provided to, and records and transcriptions
 1756  of testimony obtained by, the Department of Legal Affairs
 1757  pursuant to this section are confidential and exempt from the
 1758  provisions of s. 119.07(1) while the investigation is active.
 1759  For purposes of this section, an investigation shall be
 1760  considered “active” while such investigation is being conducted
 1761  with a reasonable, good faith belief that it may lead to the
 1762  filing of an administrative, civil, or criminal proceeding. An
 1763  investigation does not cease to be active so long as the
 1764  department is proceeding with reasonable dispatch and there is a
 1765  good faith belief that action may be initiated by the department
 1766  or other administrative or law enforcement agency. Except for
 1767  active criminal intelligence or criminal investigative
 1768  information, as defined in s. 119.011, and information which, if
 1769  disclosed, would reveal a trade secret, as defined in s.
 1770  688.002, or would jeopardize the safety of an individual, all
 1771  information, records, and transcriptions become public record
 1772  when the investigation is completed or ceases to be active. The
 1773  department shall not disclose confidential information, records,
 1774  or transcriptions of testimony except pursuant to the
 1775  authorization by the Attorney General in any of the following
 1776  circumstances:
 1777         (a) To a law enforcement agency participating in or
 1778  conducting a civil investigation under chapter 895, or
 1779  participating in or conducting a criminal investigation.
 1780         (b) In the course of filing, participating in, or
 1781  conducting a judicial proceeding instituted pursuant to this
 1782  section or chapter 895.
 1783         (c) In the course of filing, participating in, or
 1784  conducting a judicial proceeding to enforce an order or judgment
 1785  entered pursuant to this section or chapter 895.
 1786         (d) In the course of a criminal or civil proceeding.
 1787  
 1788  A person or law enforcement agency which receives any
 1789  information, record, or transcription of testimony that has been
 1790  made confidential by this subsection shall maintain the
 1791  confidentiality of such material and shall not disclose such
 1792  information, record, or transcription of testimony except as
 1793  provided for herein. Any person who willfully discloses any
 1794  information, record, or transcription of testimony that has been
 1795  made confidential by this subsection, except as provided for
 1796  herein, is guilty of a misdemeanor of the first degree,
 1797  punishable as provided in s. 775.082 or s. 775.083. If any
 1798  information, record, or testimony obtained pursuant to
 1799  subsection (2) is offered in evidence in any judicial
 1800  proceeding, the court may, in its discretion, seal that portion
 1801  of the record to further the policies of confidentiality set
 1802  forth herein.
 1803         Section 64. Subsection (6) of section 617.0503, Florida
 1804  Statutes, is amended to read:
 1805         617.0503 Registered agent; duties; confidentiality of
 1806  investigation records.—
 1807         (6) Information provided to, and records and transcriptions
 1808  of testimony obtained by, the Department of Legal Affairs
 1809  pursuant to this section are confidential and exempt from the
 1810  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1811  Constitution while the investigation is active. For purposes of
 1812  this section, an investigation shall be considered “active”
 1813  while such investigation is being conducted with a reasonable,
 1814  good faith belief that it may lead to the filing of an
 1815  administrative, civil, or criminal proceeding. An investigation
 1816  does not cease to be active so long as the department is
 1817  proceeding with reasonable dispatch and there is a good faith
 1818  belief that action may be initiated by the department or other
 1819  administrative or law enforcement agency. Except for active
 1820  criminal intelligence or criminal investigative information, as
 1821  defined in s. 119.011, and information which, if disclosed,
 1822  would reveal a trade secret, as defined in s. 688.002, or would
 1823  jeopardize the safety of an individual, all information,
 1824  records, and transcriptions become available to the public when
 1825  the investigation is completed or ceases to be active. The
 1826  department shall not disclose confidential information, records,
 1827  or transcriptions of testimony except pursuant to authorization
 1828  by the Attorney General in any of the following circumstances:
 1829         (a) To a law enforcement agency participating in or
 1830  conducting a civil investigation under chapter 895, or
 1831  participating in or conducting a criminal investigation.
 1832         (b) In the course of filing, participating in, or
 1833  conducting a judicial proceeding instituted pursuant to this
 1834  section or chapter 895.
 1835         (c) In the course of filing, participating in, or
 1836  conducting a judicial proceeding to enforce an order or judgment
 1837  entered pursuant to this section or chapter 895.
 1838         (d) In the course of a criminal proceeding.
 1839  
 1840  A person or law enforcement agency that receives any
 1841  information, record, or transcription of testimony that has been
 1842  made confidential by this subsection shall maintain the
 1843  confidentiality of such material and shall not disclose such
 1844  information, record, or transcription of testimony except as
 1845  provided for herein. Any person who willfully discloses any
 1846  information, record, or transcription of testimony that has been
 1847  made confidential by this subsection, except as provided for in
 1848  this subsection, commits a misdemeanor of the first degree,
 1849  punishable as provided in s. 775.082 or s. 775.083. If any
 1850  information, record, or testimony obtained pursuant to
 1851  subsection (2) is offered in evidence in any judicial
 1852  proceeding, the court may, in its discretion, seal that portion
 1853  of the record to further the policies of confidentiality set
 1854  forth in this subsection.
 1855         Section 65. Subsection (4) of section 624.307, Florida
 1856  Statutes, is amended to read:
 1857         624.307 General powers; duties.—
 1858         (4) The department and office may each collect, propose,
 1859  publish, and disseminate information relating to the subject
 1860  matter of any duties imposed upon it by law. Notwithstanding any
 1861  other provision of law, information reported to and collected by
 1862  the office may be made available on an aggregate basis. The
 1863  office may report, publish, or otherwise make available such
 1864  information from all insurers on an aggregate basis by line of
 1865  business and by county, even if marked as a trade secret
 1866  pursuant to s. 688.01, but shall otherwise maintain trade secret
 1867  confidentiality in accordance with s. 688.01.
 1868         Section 66. Subsection (4) is added to section 624.315,
 1869  Florida Statutes, to read:
 1870         624.315 Department; annual report.—
 1871         (4)Notwithstanding any other provision of law, the office
 1872  may make the information in subsection (2) available on an
 1873  aggregate basis. The office may include such statistical
 1874  information from all insurers on an aggregate basis by line of
 1875  business and by county, even if marked as a trade secret
 1876  pursuant to s. 688.01, but shall otherwise maintain trade secret
 1877  confidentiality in accordance with s. 688.01.
 1878         Section 67. Paragraph (c) of subsection (1) and subsection
 1879  (5) of section 624.4212, Florida Statutes, are amended to read:
 1880         624.4212 Confidentiality of proprietary business and other
 1881  information.—
 1882         (1) As used in this section, the term “proprietary business
 1883  information” means information, regardless of form or
 1884  characteristics, which is owned or controlled by an insurer, or
 1885  a person or an affiliated person who seeks acquisition of
 1886  controlling stock in a domestic stock insurer or controlling
 1887  company, and which:
 1888         (c) Includes:
 1889         1. Trade secrets as defined in s. 688.002 which comply with
 1890  s. 624.4213.
 1891         2. Information relating to competitive interests, the
 1892  disclosure of which would impair the competitive business of the
 1893  provider of the information.
 1894         2.3. The source, nature, and amount of the consideration
 1895  used or to be used in carrying out a merger or other acquisition
 1896  of control in the ordinary course of business, including the
 1897  identity of the lender, if the person filing a statement
 1898  regarding consideration so requests.
 1899         3.4. Information relating to bids or other contractual
 1900  data, the disclosure of which would impair the efforts of the
 1901  insurer or its affiliates to contract for goods or services on
 1902  favorable terms.
 1903         4.5. Internal auditing controls and reports of internal
 1904  auditors.
 1905         (5) The office may disclose information made confidential
 1906  and exempt under this section or s. 688.01:
 1907         (a) If the insurer to which it pertains gives prior written
 1908  consent;
 1909         (b) Pursuant to a court order;
 1910         (c) To the Actuarial Board for Counseling and Discipline
 1911  upon a request stating that the information is for the purpose
 1912  of professional disciplinary proceedings and specifying
 1913  procedures satisfactory to the office for preserving the
 1914  confidentiality of the information;
 1915         (d) To other states, federal and international agencies,
 1916  the National Association of Insurance Commissioners and its
 1917  affiliates and subsidiaries, and state, federal, and
 1918  international law enforcement authorities, including members of
 1919  a supervisory college described in s. 628.805 if the recipient
 1920  agrees in writing to maintain the confidential and exempt status
 1921  of the document, material, or other information and has
 1922  certified in writing its legal authority to maintain such
 1923  confidentiality; or
 1924         (e) For the purpose of aggregating information on an
 1925  industrywide basis and disclosing the information to the public
 1926  only if the specific identities of the insurers, or persons or
 1927  affiliated persons, are not revealed.
 1928         Section 68. Section 624.4213, Florida Statutes, is
 1929  repealed.
 1930         Section 69. Paragraph (d) of subsection (1) of section
 1931  626.84195, Florida Statutes, is amended to read:
 1932         626.84195 Confidentiality of information supplied by title
 1933  insurance agencies and insurers.—
 1934         (1) As used in this section, the term “proprietary business
 1935  information” means information that:
 1936         (d) Concerns:
 1937         1. Business plans;
 1938         2. Internal auditing controls and reports of internal
 1939  auditors;
 1940         3. Reports of external auditors for privately held
 1941  companies;
 1942         4. Trade secrets, as defined in s. 688.002; or
 1943         5. Financial information, including revenue data, loss
 1944  expense data, gross receipts, taxes paid, capital investment,
 1945  and employee wages.
 1946         Section 70. Subsection (2) of section 626.884, Florida
 1947  Statutes, is amended to read:
 1948         626.884 Maintenance of records by administrator; access;
 1949  confidentiality.—
 1950         (2) The office shall have access to books and records
 1951  maintained by the administrator for the purpose of examination,
 1952  audit, and inspection. Information contained in such books and
 1953  records is confidential and exempt from the provisions of s.
 1954  119.07(1) if the disclosure of such information would reveal a
 1955  trade secret as defined in s. 688.002. However, The office may
 1956  use such information in any proceeding instituted against the
 1957  administrator.
 1958         Section 71. Subsection (1) of section 626.9936, Florida
 1959  Statutes, is amended to read:
 1960         626.9936 Access to records.—
 1961         (1) Notwithstanding subsections (1) and (2) of Article
 1962  VIII, subsection (2) of Article X, and subsection (6) of Article
 1963  XII of the Interstate Insurance Product Regulation Compact, a
 1964  request by a resident of this state for public inspection and
 1965  copying of information, data, or official records that includes:
 1966         (a) An insurer’s trade secrets shall be referred to the
 1967  commissioner who shall respond to the request, with the
 1968  cooperation and assistance of the commission, in accordance with
 1969  s. 688.01 s. 624.4213; or
 1970         (b) Matters of privacy of individuals shall be referred to
 1971  the commissioner who shall respond to the request, with the
 1972  cooperation and assistance of the commission, in accordance with
 1973  s. 119.07(1).
 1974         Section 72. Paragraph (g) of subsection (3) of section
 1975  627.0628, Florida Statutes, is amended to read:
 1976         627.0628 Florida Commission on Hurricane Loss Projection
 1977  Methodology; public records exemption; public meetings
 1978  exemption.—
 1979         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
 1980         (g)1. A trade secret, as defined in s. 688.002, which is
 1981  used in designing and constructing a hurricane or flood loss
 1982  model and which is provided pursuant to this section, by a
 1983  private company, to the commission, office, or consumer advocate
 1984  appointed pursuant to s. 627.0613 is confidential and exempt
 1985  from s. 119.07(1) and s. 24(a), Art. I of the State
 1986  Constitution.
 1987         2.a. That portion of a meeting of the commission or of a
 1988  rate proceeding on an insurer’s rate filing at which a trade
 1989  secret made confidential and exempt pursuant to s. 688.01 by
 1990  this paragraph is discussed is exempt from s. 286.011 and s.
 1991  24(b), Art. I of the State Constitution. The closed meeting must
 1992  be recorded, and no portion of the closed meeting may be off the
 1993  record.
 1994         2.b. The recording of a closed portion of a meeting is
 1995  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1996  Constitution.
 1997         c.This paragraph is subject to the Open Government Sunset
 1998  Review Act in accordance with s. 119.15 and shall stand repealed
 1999  on October 2, 2019, unless reviewed and saved from repeal
 2000  through reenactment by the Legislature.
 2001         Section 73. Paragraphs (a) and (c) of subsection (11) of
 2002  section 627.3518, Florida Statutes, are amended to read:
 2003         627.3518 Citizens Property Insurance Corporation
 2004  policyholder eligibility clearinghouse program.—The purpose of
 2005  this section is to provide a framework for the corporation to
 2006  implement a clearinghouse program by January 1, 2014.
 2007         (11) Proprietary business information provided to the
 2008  corporation’s clearinghouse by insurers with respect to
 2009  identifying and selecting risks for an offer of coverage is
 2010  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2011  of the State Constitution.
 2012         (a) As used in this subsection, the term “proprietary
 2013  business information” means information, regardless of form or
 2014  characteristics, which is owned or controlled by an insurer and:
 2015         1. Is identified by the insurer as proprietary business
 2016  information and is intended to be and is treated by the insurer
 2017  as private in that the disclosure of the information would cause
 2018  harm to the insurer, an individual, or the company’s business
 2019  operations and has not been disclosed unless disclosed pursuant
 2020  to a statutory requirement, an order of a court or
 2021  administrative body, or a private agreement that provides that
 2022  the information will not be released to the public;
 2023         2. Is not otherwise readily ascertainable or publicly
 2024  available by proper means by other persons from another source
 2025  in the same configuration as provided to the clearinghouse; and
 2026         3. Includes:
 2027         a.Trade secrets, as defined in s. 688.002.
 2028         b. information relating to competitive interests, the
 2029  disclosure of which would impair the competitive business of the
 2030  provider of the information.
 2031  
 2032  Proprietary business information may be found in underwriting
 2033  criteria or instructions which are used to identify and select
 2034  risks through the program for an offer of coverage and are
 2035  shared with the clearinghouse to facilitate the shopping of
 2036  risks with the insurer.
 2037         Section 74. Present subsections (4), (5), (14), and (15) of
 2038  section 655.057, Florida Statutes, are amended, and present
 2039  subsections (6) through (13) of that section are renumbered as
 2040  subsections (5) through (12), respectively, to read:
 2041         655.057 Records; limited restrictions upon public access.—
 2042         (4) Except as otherwise provided in this section and except
 2043  for those portions that are otherwise public record, trade
 2044  secrets as defined in s. 688.002 which comply with s. 655.0591
 2045  and which are held by the office in accordance with its
 2046  statutory duties with respect to the financial institutions
 2047  codes are confidential and exempt from s. 119.07(1) and s.
 2048  24(a), Art. I of the State Constitution.
 2049         (5)Neither this section nor s. 688.01 prevents does not
 2050  prevent or restricts restrict:
 2051         (a) Publishing reports that are required to be submitted to
 2052  the office pursuant to s. 655.045(2) or required by applicable
 2053  federal statutes or regulations to be published.
 2054         (b) Furnishing records or information to any other state,
 2055  federal, or foreign agency responsible for the regulation or
 2056  supervision of financial institutions.
 2057         (c) Disclosing or publishing summaries of the condition of
 2058  financial institutions and general economic and similar
 2059  statistics and data, provided that the identity of a particular
 2060  financial institution is not disclosed.
 2061         (d) Reporting any suspected criminal activity, with
 2062  supporting documents and information, to appropriate law
 2063  enforcement and prosecutorial agencies.
 2064         (e) Furnishing information upon request to the Chief
 2065  Financial Officer or the Division of Treasury of the Department
 2066  of Financial Services regarding the financial condition of any
 2067  financial institution that is, or has applied to be, designated
 2068  as a qualified public depository pursuant to chapter 280.
 2069         (f) Furnishing information to Federal Home Loan Banks
 2070  regarding its member institutions pursuant to an information
 2071  sharing agreement between the Federal Home Loan Banks and the
 2072  office.
 2073  
 2074  Any confidential information or records obtained from the office
 2075  pursuant to this subsection shall be maintained as confidential
 2076  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2077  Constitution.
 2078         (13) This section is (14)Subsections (3) and (4) are
 2079  subject to the Open Government Sunset Review Act in accordance
 2080  with s. 119.15 and are repealed on October 2, 2019, unless
 2081  reviewed and saved from repeal through reenactment by the
 2082  Legislature.
 2083         (15)Subsections (1), (2), (5), and (9) are subject to the
 2084  Open Government Sunset Review Act in accordance with s. 119.15
 2085  and is are repealed on October 2, 2022, unless reviewed and
 2086  saved from repeal through reenactment by the Legislature.
 2087         Section 75. Section 655.0591, Florida Statutes, is
 2088  repealed.
 2089         Section 76. Subsection (11) of section 663.533, Florida
 2090  Statutes, is amended to read:
 2091         663.533 Applicability of the financial institutions codes.
 2092  A qualified limited service affiliate is subject to the
 2093  financial institutions codes. Without limiting the foregoing,
 2094  the following provisions are applicable to a qualified limited
 2095  service affiliate:
 2096         (11) Section 688.01 655.0591, relating to trade secret
 2097  documents.
 2098  
 2099  This section does not prohibit the office from investigating or
 2100  examining an entity to ensure that it is not in violation of
 2101  this chapter or applicable provisions of the financial
 2102  institutions codes.
 2103         Section 77. Section 721.071, Florida Statutes, is repealed.
 2104         Section 78. Present subsections (3) and (4) of section
 2105  815.04, Florida Statutes, are amended, and present subsection
 2106  (5) of that section is renumbered as subsection (4), to read:
 2107         815.04 Offenses against intellectual property; public
 2108  records exemption.—
 2109         (3) Data, programs, or supporting documentation that is a
 2110  trade secret as defined in s. 812.081, that is held by an agency
 2111  as defined in chapter 119, and that resides or exists internal
 2112  or external to a computer, computer system, computer network, or
 2113  electronic device is confidential and exempt from the provisions
 2114  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2115  This subsection is subject to the Open Government Sunset Review
 2116  Act in accordance with s. 119.15 and shall stand repealed on
 2117  October 2, 2021, unless reviewed and saved from repeal through
 2118  reenactment by the Legislature.
 2119         (4) A person who willfully, knowingly, and without
 2120  authorization discloses or takes data, programs, or supporting
 2121  documentation that is a trade secret as defined in s. 812.081 or
 2122  is confidential as provided by law residing or existing internal
 2123  or external to a computer, computer system, computer network, or
 2124  electronic device commits an offense against intellectual
 2125  property.
 2126         Section 79. Section 815.045, Florida Statutes, is repealed.
 2127         Section 80. Subsection (2) of section 1004.22, Florida
 2128  Statutes, is amended to read:
 2129         1004.22 Divisions of sponsored research at state
 2130  universities.—
 2131         (2) The university shall set such policies to regulate the
 2132  activities of the divisions of sponsored research as it may
 2133  consider necessary to administer the research programs in a
 2134  manner which assures efficiency and effectiveness, producing the
 2135  maximum benefit for the educational programs and maximum service
 2136  to the state. To this end, materials that relate to methods of
 2137  manufacture or production, potential trade secrets, potentially
 2138  patentable material, actual trade secrets as defined in s.
 2139  688.01, business transactions, or proprietary information
 2140  received, generated, ascertained, or discovered during the
 2141  course of research conducted within the state universities shall
 2142  be confidential and exempt from the provisions of s. 119.07(1),
 2143  except that a division of sponsored research shall make
 2144  available upon request the title and description of a research
 2145  project, the name of the researcher, and the amount and source
 2146  of funding provided for such project.
 2147         Section 81. Paragraph (c) of subsection (2) and subsections
 2148  (3), (4), and (7) of section 1004.30, Florida Statutes, are
 2149  amended, and paragraph (d) of subsection (2) of that section is
 2150  redesignated as paragraph (c), to read:
 2151         1004.30 University health services support organization;
 2152  confidentiality of information.—
 2153         (2) The following university health services support
 2154  organization’s records and information are confidential and
 2155  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 2156  of the State Constitution:
 2157         (c)Trade secrets, as defined in s. 688.002, including
 2158  reimbursement methodologies and rates.
 2159         (3) Any portion of a governing board or peer review panel
 2160  or committee meeting during which a confidential and exempt
 2161  contract, document, record, or marketing plan, or trade secret,
 2162  as provided for in subsection (2), or a confidential and exempt
 2163  trade secret, as provided for in s. 688.01, is discussed is
 2164  exempt from the provisions of s. 286.011 and s. 24(b), Art. I of
 2165  the State Constitution.
 2166         (4) Those portions of any public record, such as a tape
 2167  recording, minutes, and notes, generated during that portion of
 2168  a governing board or peer review panel or committee meeting
 2169  which is closed to the public pursuant to this section, which
 2170  contain information relating to contracts, documents, records,
 2171  marketing plans, or trade secrets which are made confidential
 2172  and exempt by this section, are confidential and exempt from the
 2173  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2174  Constitution.
 2175         (7) Those portions of any public record, such as a tape
 2176  recording, minutes, or notes, generated during that portion of a
 2177  governing board meeting at which negotiations for contracts for
 2178  managed-care arrangements occur, are reported on, or are acted
 2179  on by the governing board, which record is made confidential and
 2180  exempt by subsection (4), shall become public records 2 years
 2181  after the termination or completion of the term of the contract
 2182  to which such negotiations relate or, if no contract was
 2183  executed, 2 years after the termination of the negotiations.
 2184  Notwithstanding paragraph (2)(a) and subsection (4), a
 2185  university health services support organization must make
 2186  available, upon request, the title and general description of a
 2187  contract for managed-care arrangements, the names of the
 2188  contracting parties, and the duration of the contract term. All
 2189  contracts for managed-care arrangements which are made
 2190  confidential and exempt by paragraph (2)(a), except those
 2191  portions of any contract containing trade secrets which are made
 2192  confidential and exempt by s. 688.01 paragraph (2)(c), shall
 2193  become public 2 years after the termination or completion of the
 2194  term of the contract.
 2195         Section 82. Paragraph (b) of subsection (8) of section
 2196  1004.43, Florida Statutes, is amended to read:
 2197         1004.43 H. Lee Moffitt Cancer Center and Research
 2198  Institute.—There is established the H. Lee Moffitt Cancer Center
 2199  and Research Institute, a statewide resource for basic and
 2200  clinical research and multidisciplinary approaches to patient
 2201  care.
 2202         (8)
 2203         (b) Proprietary confidential business information is
 2204  confidential and exempt from the provisions of s. 119.07(1) and
 2205  s. 24(a), Art. I of the State Constitution. However, the Auditor
 2206  General, the Office of Program Policy Analysis and Government
 2207  Accountability, and the Board of Governors, pursuant to their
 2208  oversight and auditing functions, must be given access to all
 2209  proprietary confidential business information upon request and
 2210  without subpoena and must maintain the confidentiality of
 2211  information so received. As used in this paragraph, the term
 2212  “proprietary confidential business information” means
 2213  information, regardless of its form or characteristics, which is
 2214  owned or controlled by the not-for-profit corporation or its
 2215  subsidiaries; is intended to be and is treated by the not-for
 2216  profit corporation or its subsidiaries as private and the
 2217  disclosure of which would harm the business operations of the
 2218  not-for-profit corporation or its subsidiaries; has not been
 2219  intentionally disclosed by the corporation or its subsidiaries
 2220  unless pursuant to law, an order of a court or administrative
 2221  body, a legislative proceeding pursuant to s. 5, Art. III of the
 2222  State Constitution, or a private agreement that provides that
 2223  the information may be released to the public; and which is
 2224  information concerning:
 2225         1. Internal auditing controls and reports of internal
 2226  auditors;
 2227         2. Matters reasonably encompassed in privileged attorney
 2228  client communications;
 2229         3. Contracts for managed-care arrangements, including
 2230  preferred provider organization contracts, health maintenance
 2231  organization contracts, and exclusive provider organization
 2232  contracts, and any documents directly relating to the
 2233  negotiation, performance, and implementation of any such
 2234  contracts for managed-care arrangements;
 2235         4. Bids or other contractual data, banking records, and
 2236  credit agreements the disclosure of which would impair the
 2237  efforts of the not-for-profit corporation or its subsidiaries to
 2238  contract for goods or services on favorable terms;
 2239         5. Information relating to private contractual data, the
 2240  disclosure of which would impair the competitive interest of the
 2241  provider of the information;
 2242         6. Corporate officer and employee personnel information;
 2243         7. Information relating to the proceedings and records of
 2244  credentialing panels and committees and of the governing board
 2245  of the not-for-profit corporation or its subsidiaries relating
 2246  to credentialing;
 2247         8. Minutes of meetings of the governing board of the not
 2248  for-profit corporation and its subsidiaries, except minutes of
 2249  meetings open to the public pursuant to subsection (9);
 2250         9. Information that reveals plans for marketing services
 2251  that the corporation or its subsidiaries reasonably expect to be
 2252  provided by competitors;
 2253         10. Trade secrets as defined in s. 688.01 s. 688.002,
 2254  including:
 2255         a. Information relating to methods of manufacture or
 2256  production, potential trade secrets, potentially patentable
 2257  materials, or proprietary information received, generated,
 2258  ascertained, or discovered during the course of research
 2259  conducted by the not-for-profit corporation or its subsidiaries;
 2260  and
 2261         b. Reimbursement methodologies or rates;
 2262         11. The identity of donors or prospective donors of
 2263  property who wish to remain anonymous or any information
 2264  identifying such donors or prospective donors. The anonymity of
 2265  these donors or prospective donors must be maintained in the
 2266  auditor’s report; or
 2267         12. Any information received by the not-for-profit
 2268  corporation or its subsidiaries from an agency in this or
 2269  another state or nation or the Federal Government which is
 2270  otherwise exempt or confidential pursuant to the laws of this or
 2271  another state or nation or pursuant to federal law.
 2272  
 2273  As used in this paragraph, the term “managed care” means systems
 2274  or techniques generally used by third-party payors or their
 2275  agents to affect access to and control payment for health care
 2276  services. Managed-care techniques most often include one or more
 2277  of the following: prior, concurrent, and retrospective review of
 2278  the medical necessity and appropriateness of services or site of
 2279  services; contracts with selected health care providers;
 2280  financial incentives or disincentives related to the use of
 2281  specific providers, services, or service sites; controlled
 2282  access to and coordination of services by a case manager; and
 2283  payor efforts to identify treatment alternatives and modify
 2284  benefit restrictions for high-cost patient care.
 2285         Section 83. Paragraph (a) of subsection (2) of section
 2286  1004.4472, Florida Statutes, is amended to read:
 2287         1004.4472 Florida Institute for Human and Machine
 2288  Cognition, Inc.; public records exemption; public meetings
 2289  exemption.—
 2290         (2) The following information held by the corporation or
 2291  its subsidiary is confidential and exempt from s. 119.07(1) and
 2292  s. 24(a), Art. I of the State Constitution:
 2293         (a) Material relating to methods of manufacture or
 2294  production, potential trade secrets, patentable material, actual
 2295  trade secrets as defined in s. 688.01 s. 688.002 or proprietary
 2296  information received, generated, ascertained, or discovered
 2297  during the course of research conducted by or through the
 2298  corporation or a subsidiary, and business transactions resulting
 2299  from such research.
 2300         Section 84. Subsection (2) of section 1004.78, Florida
 2301  Statutes, is amended to read:
 2302         1004.78 Technology transfer centers at Florida College
 2303  System institutions.—
 2304         (2) The Florida College System institution board of
 2305  trustees shall set such policies to regulate the activities of
 2306  the technology transfer center as it may consider necessary to
 2307  effectuate the purposes of this section and to administer the
 2308  programs of the center in a manner which assures efficiency and
 2309  effectiveness, producing the maximum benefit for the educational
 2310  programs and maximum service to the state. To this end,
 2311  materials that relate to methods of manufacture or production,
 2312  potential trade secrets, potentially patentable material, actual
 2313  trade secrets as defined in s. 688.01, business transactions, or
 2314  proprietary information received, generated, ascertained, or
 2315  discovered during the course of activities conducted within the
 2316  Florida College System institutions shall be confidential and
 2317  exempt from the provisions of s. 119.07(1), except that a
 2318  Florida College System institution shall make available upon
 2319  request the title and description of a project, the name of the
 2320  investigator, and the amount and source of funding provided for
 2321  such project.
 2322         Section 85. Section 601.80, Florida Statutes, is amended to
 2323  read:
 2324         601.80 Unlawful to use uncertified coloring matter.—It is
 2325  unlawful for any person to use on oranges or citrus hybrids any
 2326  coloring matter which has not first received the approval of the
 2327  Department of Agriculture as provided under s. 601.76.
 2328         Section 86. Present subsection (11) of section 663.533,
 2329  Florida Statutes, is amended, and present subsections (12) and
 2330  (13) of that section are renumbered as subsections (11) and
 2331  (12), respectively, to read:
 2332         663.533 Applicability of the financial institutions codes.
 2333  A qualified limited service affiliate is subject to the
 2334  financial institutions codes. Without limiting the foregoing,
 2335  the following provisions are applicable to a qualified limited
 2336  service affiliate:
 2337         (11)Section 655.0591, relating to trade secret documents.
 2338  
 2339  This section does not prohibit the office from investigating or
 2340  examining an entity to ensure that it is not in violation of
 2341  this chapter or applicable provisions of the financial
 2342  institutions codes.
 2343         Section 87. Paragraph (c) of subsection (12) of section
 2344  721.13, Florida Statutes, is amended to read:
 2345         721.13 Management.—
 2346         (12)
 2347         (c) The managing entity shall maintain copies of all
 2348  records, data, and information supporting the processes,
 2349  analyses, procedures, and methods utilized by the managing
 2350  entity in its determination to reserve accommodations of the
 2351  timeshare plan pursuant to this subsection for a period of 5
 2352  years from the date of such determination. In the event of an
 2353  investigation by the division for failure of a managing entity
 2354  to comply with this subsection, the managing entity shall make
 2355  all such records, data, and information available to the
 2356  division for inspection, provided that if the managing entity
 2357  complies with the provisions of s. 721.071, any such records,
 2358  data, and information provided to the division shall constitute
 2359  a trade secret pursuant to that section.
 2360         Section 88. Paragraphs (a) and (c) of subsection (3) of
 2361  section 921.0022, Florida Statutes, are amended to read:
 2362         921.0022 Criminal Punishment Code; offense severity ranking
 2363  chart.—
 2364         (3) OFFENSE SEVERITY RANKING CHART
 2365         (a) LEVEL 1
 2366  
 2367  FloridaStatute          FelonyDegree          Description          
 2368  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 2369  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 2370  212.15(2)(b)                3rd     Failure to remit sales taxes, amount greater than $300 but less than $20,000.
 2371  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 2372  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 2373  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 2374  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 2375  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 2376  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 2377  322.212(5)(a)               3rd     False application for driver license or identification card.
 2378  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 2379  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 2380  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value greater than $300.
 2381  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 2382  562.27(1)                   3rd     Possess still or still apparatus.
 2383  713.69                      3rd     Tenant removes property upon which lien has accrued, value more than $50.
 2384  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 2385  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 2386  815.04(4)(a)815.04(5)(a)    3rd     Offense against intellectual property (i.e., computer programs, data).
 2387  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 2388  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 2389  826.01                      3rd     Bigamy.                        
 2390  828.122(3)                  3rd     Fighting or baiting animals.   
 2391  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 2392  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 2393  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 2394  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 2395  838.15(2)                   3rd     Commercial bribe receiving.    
 2396  838.16                      3rd     Commercial bribery.            
 2397  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 2398  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 2399  849.01                      3rd     Keeping gambling house.        
 2400  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 2401  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 2402  849.25(2)                   3rd     Engaging in bookmaking.        
 2403  860.08                      3rd     Interfere with a railroad signal.
 2404  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 2405  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 2406  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 2407  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 2408         (c) LEVEL 3
 2409  
 2410  FloridaStatute           FelonyDegree         Description          
 2411  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 2412  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 2413  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 2414  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2415  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 2416  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 2417  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 2418  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2419  327.35(2)(b)                 3rd     Felony BUI.                   
 2420  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2421  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2422  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2423  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 2424  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
 2425  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2426  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 2427  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 2428  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 2429  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 2430  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 2431  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2432  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 2433  697.08                       3rd     Equity skimming.              
 2434  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 2435  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2436  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 2437  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2438  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 2439  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2440  815.04(4)(b)815.04(5)(b)     2nd     Computer offense devised to defraud or obtain property.
 2441  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2442  817.233                      3rd     Burning to defraud insurer.   
 2443  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 2444  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 2445  817.236                      3rd     Filing a false motor vehicle insurance application.
 2446  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2447  817.413(2)                   3rd     Sale of used goods as new.    
 2448  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.
 2449  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 2450  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 2451  843.19                       3rd     Injure, disable, or kill police dog or horse.
 2452  860.15(3)                    3rd     Overcharging for repairs and parts.
 2453  870.01(2)                    3rd     Riot; inciting or encouraging.
 2454  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
 2455  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
 2456  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
 2457  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 2458  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 2459  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2460  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2461  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 2462  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 2463  893.13(8)(a)1.               3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 2464  893.13(8)(a)2.               3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 2465  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 2466  893.13(8)(a)4.               3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 2467  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 2468  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 2469  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 2470  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 2471         Section 89. This act shall take effect upon becoming a law
 2472  if SB __ or similar legislation is adopted in the same
 2473  legislative session or an extension thereof and becomes a law.