Florida Senate - 2020                                    SB 1534
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01381-20                                           20201534__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         73.0155, F.S.; deleting provisions relating to public
    4         records exemptions for trade secrets held by
    5         governmental condemning authorities; amending s.
    6         119.071, F.S.; deleting a provision declaring that
    7         certain data processing software exempt from public
    8         records requirements is considered a trade secret;
    9         deleting a scheduled repeal; amending s. 119.0713,
   10         F.S.; removing trade secrets from the list of what
   11         constitutes proprietary confidential business
   12         information; amending s. 125.0104, F.S.; deleting
   13         provisions exempting trade secrets held by county
   14         tourism development agencies from public records
   15         requirements; amending ss. 163.01 and 202.195, F.S.;
   16         revising the definition of “proprietary confidential
   17         business information”; amending s. 215.4401, F.S.;
   18         revising the definition of “proprietary confidential
   19         business information” to no longer include certain
   20         trade secrets; deleting provisions relating to
   21         confidentiality of trade secrets held by the State
   22         Board of Administration; amending s. 252.88, F.S.;
   23         deleting provisions exempting certain information from
   24         public records requirements under the Florida
   25         Emergency Planning and Community Right-to-Know Act;
   26         repealing s. 252.943, F.S., relating to a public
   27         records exemption under the Florida Accidental Release
   28         Prevention and Risk Management Planning Act; amending
   29         s. 287.0943, F.S.; revising the definition of
   30         “proprietary confidential business information” to no
   31         longer include certain trade secrets and contract
   32         costs; amending s. 288.047, F.S.; deleting provisions
   33         exempting potential trade secrets from public records
   34         requirements; amending s. 288.075, F.S.; deleting the
   35         definition of the term “trade secret”; deleting a
   36         provision relating to a public records exemption for
   37         trade secrets held by economic development agencies;
   38         amending s. 288.1226, F.S.; deleting provisions
   39         relating to a public records exemption for trade
   40         secrets held by the Florida Tourism Industry Marketing
   41         Corporation; deleting a scheduled repeal; amending s.
   42         288.776, F.S.; deleting a provision relating to a
   43         public records exemption for trade secrets held by the
   44         Florida Export Finance Corporation; amending s.
   45         288.9520, F.S.; deleting provisions relating to a
   46         public records exemption for trade secrets and
   47         potential trade secrets held by Enterprise Florida,
   48         Inc., and related entities; amending s. 288.9607,
   49         F.S.; deleting a provision relating to a public
   50         records exemption for trade secrets held by the
   51         Florida Development Finance Corporation; amending s.
   52         288.9626, F.S.; revising the definition of
   53         “proprietary confidential business information” to no
   54         longer include certain trade secrets; revising public
   55         records and public meetings exemptions relating to
   56         trade secrets; conforming provisions to changes made
   57         by the act; amending s. 288.9627, F.S.; revising the
   58         definition of “proprietary confidential business
   59         information” to no longer include certain trade
   60         secrets; revising public records and public meetings
   61         exemptions relating to trade secrets; conforming
   62         provisions to changes made by the act; amending s.
   63         331.326, F.S.; deleting provisions relating to a
   64         public records exemption for trade secrets held by
   65         Space Florida; removing a scheduled repeal; amending
   66         s. 334.049, F.S.; deleting a provision relating to a
   67         public records exemption for trade secrets held by the
   68         Department of Transportation; amending s. 350.121,
   69         F.S.; deleting a provision relating to public records
   70         exemptions for trade secrets held by the Florida
   71         Public Service Commission; amending ss. 364.183,
   72         365.174, 366.093, 367.156, and 368.108, F.S.; revising
   73         the definition of “proprietary confidential business
   74         information” to no longer include certain trade
   75         secrets; repealing s. 381.83, F.S., relating to
   76         confidentiality of certain information containing
   77         trade secrets obtained by the Department of Health;
   78         amending s. 395.3035, F.S.; deleting provisions
   79         relating to a public records exemption for trade
   80         secrets of hospitals; amending s. 403.7046, F.S.;
   81         revising provisions relating to an exemption for trade
   82         secrets contained in certain reports to the Department
   83         of Environmental Protection; removing a scheduled
   84         repeal; repealing s. 403.73, F.S., relating to
   85         confidentiality of certain information containing
   86         trade secrets obtained by the Department of
   87         Environmental Protection; amending s. 408.061, F.S.;
   88         deleting a requirement that certain trade secret
   89         information submitted to the Agency for Health Care
   90         Administration be clearly designated as such; amending
   91         s. 408.185, F.S.; deleting provisions relating to
   92         public records exemptions for certain trade secrets
   93         held by the Office of the Attorney General; amending
   94         s. 408.910, F.S.; revising the definition of
   95         “proprietary confidential business information” to no
   96         longer include certain trade secrets; amending s.
   97         409.91196, F.S.; revising provisions relating to
   98         public records exemptions and public meetings
   99         exemptions for trade secrets held by the Agency for
  100         Health Care Administration; amending s. 440.108, F.S.;
  101         deleting provisions relating to public records
  102         exemptions for trade secrets held by the Department of
  103         Financial Services; amending s. 494.00125, F.S.;
  104         deleting provisions relating to public records
  105         exemptions for trade secrets held by the Office of
  106         Financial Regulation; amending s. 497.172, F.S.;
  107         deleting provisions relating to public records
  108         exemptions for trade secrets held by the Department of
  109         Financial Services or the Board of Funeral, Cemetery,
  110         and Consumer Services; amending ss. 499.012, 499.0121,
  111         499.05, and 499.051, F.S.; deleting provisions
  112         relating to public records exemptions for trade
  113         secrets held by the Department of Business and
  114         Professional Regulation; removing a scheduled repeal;
  115         repealing s. 499.931, F.S., relating to maintenance of
  116         information held by the Department of Business and
  117         Professional Regulation which is deemed to be a trade
  118         secret; amending s. 501.171, F.S.; revising the
  119         definition of “proprietary confidential business
  120         information” to no longer include certain trade
  121         secrets; repealing s. 502.222, F.S., relating to trade
  122         secrets of a dairy business which are held by the
  123         Department of Agriculture and Consumer Services;
  124         amending ss. 517.2015 and 520.9965, F.S.; deleting
  125         provisions relating to public records exemptions for
  126         trade secrets held by the Office of Financial
  127         Regulation; amending s. 526.311, F.S.; deleting
  128         provisions relating to public records exemptions for
  129         trade secrets held by the Department of Agriculture
  130         and Consumer Services; amending ss. 548.062 and
  131         556.113, F.S.; revising the definition of “proprietary
  132         confidential business information” to no longer
  133         include certain trade secrets; amending s. 559.5558,
  134         F.S.; deleting provisions relating to public records
  135         exemptions for trade secrets held by the Office of
  136         Financial Regulation; amending s. 559.9285, F.S.;
  137         revising provisions specifying that certain
  138         information provided to the Department of Agriculture
  139         and Consumer Services does not constitute a trade
  140         secret; amending s. 560.129, F.S.; deleting provisions
  141         relating to public records exemptions for trade
  142         secrets held by the Office of Financial Regulation;
  143         amending s. 570.48, F.S.; deleting provisions relating
  144         to public records exemptions for trade secrets held by
  145         the Division of Fruit and Vegetables; removing a
  146         scheduled repeal; revising construction; amending ss.
  147         570.544 and 573.123, F.S.; deleting provisions
  148         relating to public records exemptions for trade
  149         secrets held by the Division of Consumer Services;
  150         removing a scheduled repeal; repealing s. 581.199,
  151         F.S., relating to a prohibition on the use of trade
  152         secret information obtained under specified provisions
  153         for personal use or gain; amending ss. 601.10, 601.15,
  154         and 601.152, F.S.; deleting provisions relating to
  155         public records exemptions for trade secrets held by
  156         the Department of Citrus; removing scheduled repeals;
  157         amending s. 601.76, F.S.; deleting provisions relating
  158         to a public records exemption for certain formulas
  159         filed with the Department of Agriculture; removing a
  160         scheduled repeal; amending ss. 607.0505 and 617.0503,
  161         F.S.; deleting provisions relating to public records
  162         exemptions for certain information that might reveal
  163         trade secrets held by the Department of Legal Affairs;
  164         amending s. 624.307, F.S.; authorizing the Office of
  165         Insurance Regulation to report, publish, or make
  166         available certain information on an aggregate basis;
  167         amending s. 624.315, F.S.; authorizing the Office of
  168         Insurance Regulation to make certain information
  169         available on an aggregate basis; amending s. 624.4212,
  170         F.S.; revising the definition of “proprietary
  171         confidential business information” to no longer
  172         include certain trade secrets; revising what
  173         confidential and exempt information the Office of
  174         Insurance Regulation may disclose; repealing s.
  175         624.4213, F.S., relating to trade secret documents
  176         submitted to the Department of Financial Services or
  177         the Office of Insurance Regulation; amending s.
  178         626.84195, F.S.; revising the definition of
  179         “proprietary confidential business information” to no
  180         longer include certain trade secrets; amending s.
  181         626.884, F.S.; deleting provisions relating to public
  182         records exemptions for trade secrets held by the
  183         Office of Insurance Regulation; amending s. 626.9936,
  184         F.S.; revising provisions relating to a public records
  185         exemption for trade secrets held by the Office of
  186         Insurance Regulation; amending ss. 627.0628 and
  187         627.3518, F.S.; revising provisions relating to public
  188         records exemptions for trade secrets held by the
  189         Florida Commission on Hurricane Loss Projection
  190         Methodology or the Citizens Property Insurance
  191         Corporation; amending s. 655.057, F.S.; revising
  192         provisions relating to a public records exemption for
  193         trade secrets held by the Office of Financial
  194         Regulation; repealing s. 655.0591, F.S., relating to
  195         trade secret documents held by the Office of Financial
  196         Regulation; amending s. 663.533, F.S.; revising a
  197         cross-reference; repealing s. 721.071, F.S., relating
  198         to trade secret material filed with the Division of
  199         Florida Condominiums, Timeshares, and Mobile Homes of
  200         the Department of Business and Professional
  201         Regulation; amending s. 815.04, F.S.; deleting a
  202         public records exemption for certain trade secret
  203         information relating to offenses against intellectual
  204         property; removing a scheduled repeal; repealing s.
  205         815.045, F.S., relating to trade secret information;
  206         amending s. 1004.22, F.S.; revising provisions
  207         relating to public records exemptions for trade
  208         secrets and potential trade secrets received,
  209         generated, ascertained, or discovered during the
  210         course of research conducted within the state
  211         universities; amending s. 1004.30, F.S.; revising
  212         provisions relating to public records exemptions for
  213         trade secrets held by state university health support
  214         organizations; amending s. 1004.43, F.S.; revising
  215         provisions relating to public records exemptions for
  216         trade secrets and potential trade secrets held by the
  217         H. Lee Moffitt Cancer Center and Research Institute;
  218         amending s. 1004.4472, F.S.; revising provisions
  219         relating to public records exemptions for trade
  220         secrets and potential trade secrets held by the
  221         Florida Institute for Human and Machine Cognition,
  222         Inc.; amending s. 1004.78, F.S.; revising provisions
  223         relating to public records exemptions for trade
  224         secrets and potential trade secrets held by the
  225         technology transfers centers at Florida College System
  226         institutions; amending s. 601.80, F.S.; making a
  227         technical change; amending ss. 663.533, 721.13, and
  228         921.0022, F.S.; conforming provisions to changes made
  229         by the act; reenacting s. 408.185(5), F.S., relating
  230         to the confidentiality of information submitted for
  231         review of antitrust issues; reenacting s. 425.045(2),
  232         F.S., relating to meetings of trustees of certain
  233         entities; providing a contingent effective date.
  234  
  235  Be It Enacted by the Legislature of the State of Florida:
  236  
  237         Section 1. Paragraph (e) of subsection (1) of section
  238  73.0155, Florida Statutes, is amended to read:
  239         73.0155 Confidentiality; business information provided to a
  240  governmental condemning authority.—
  241         (1) The following business information provided by the
  242  owner of a business to a governmental condemning authority as
  243  part of an offer of business damages under s. 73.015 is
  244  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  245  of the State Constitution if the owner requests in writing that
  246  the business information be held confidential and exempt:
  247         (e) Materials that relate to methods of manufacture or
  248  production or, potential trade secrets, patentable material, or
  249  actual trade secrets as defined in s. 688.002.
  250         Section 2. Paragraph (f) of subsection (1) of section
  251  119.071, Florida Statutes, is amended to read:
  252         119.071 General exemptions from inspection or copying of
  253  public records.—
  254         (1) AGENCY ADMINISTRATION.—
  255         (f) Data processing software obtained by an agency under a
  256  licensing agreement that prohibits its disclosure and which
  257  software is a trade secret, as defined in s. 812.081, and
  258  Agency-produced data processing software that is sensitive is
  259  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  260  Constitution. The designation of agency-produced software as
  261  sensitive does not prohibit an agency head from sharing or
  262  exchanging such software with another public agency. This
  263  paragraph is subject to the Open Government Sunset Review Act in
  264  accordance with s. 119.15 and shall stand repealed on October 2,
  265  2021, unless reviewed and saved from repeal through reenactment
  266  by the Legislature.
  267         Section 3. Paragraph (a) of subsection (4) of section
  268  119.0713, Florida Statutes, is amended to read:
  269         119.0713 Local government agency exemptions from inspection
  270  or copying of public records.—
  271         (4)(a) Proprietary confidential business information means
  272  information, regardless of form or characteristics, which is
  273  held by an electric utility that is subject to this chapter, is
  274  intended to be and is treated by the entity that provided the
  275  information to the electric utility as private in that the
  276  disclosure of the information would cause harm to the entity
  277  providing the information or its business operations, and has
  278  not been disclosed unless disclosed pursuant to a statutory
  279  provision, an order of a court or administrative body, or a
  280  private agreement that provides that the information will not be
  281  released to the public. Proprietary confidential business
  282  information includes:
  283         1. Trade secrets, as defined in s. 688.002.
  284         1.2. Internal auditing controls and reports of internal
  285  auditors.
  286         2.3. Security measures, systems, or procedures.
  287         3.4. Information concerning bids or other contractual data,
  288  the disclosure of which would impair the efforts of the electric
  289  utility to contract for goods or services on favorable terms.
  290         4.5. Information relating to competitive interests, the
  291  disclosure of which would impair the competitive business of the
  292  provider of the information.
  293         Section 4. Paragraph (d) of subsection (9) of section
  294  125.0104, Florida Statutes, is amended to read:
  295         125.0104 Tourist development tax; procedure for levying;
  296  authorized uses; referendum; enforcement.—
  297         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
  298  other powers and duties provided for agencies created for the
  299  purpose of tourism promotion by a county levying the tourist
  300  development tax, such agencies are authorized and empowered to:
  301         (d) Undertake marketing research and advertising research
  302  studies and provide reservations services and convention and
  303  meetings booking services consistent with the authorized uses of
  304  revenue as set forth in subsection (5).
  305         1. Information given to a county tourism promotion agency
  306  which, if released, would reveal the identity of persons or
  307  entities who provide data or other information as a response to
  308  a sales promotion effort, an advertisement, or a research
  309  project or whose names, addresses, meeting or convention plan
  310  information or accommodations or other visitation needs become
  311  booking or reservation list data, is exempt from s. 119.07(1)
  312  and s. 24(a), Art. I of the State Constitution.
  313         2. The following information, When held by a county tourism
  314  promotion agency, booking business records, as defined in s.
  315  255.047, are is exempt from s. 119.07(1) and s. 24(a), Art. I of
  316  the State Constitution.:
  317         a. Booking business records, as defined in s. 255.047.
  318         b. Trade secrets and commercial or financial information
  319  gathered from a person and privileged or confidential, as
  320  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
  321  amendments thereto.
  322         3. A trade secret, as defined in s. 812.081, held by a
  323  county tourism promotion agency is exempt from s. 119.07(1) and
  324  s. 24(a), Art. I of the State Constitution. This subparagraph is
  325  subject to the Open Government Sunset Review Act in accordance
  326  with s. 119.15 and shall stand repealed on October 2, 2021,
  327  unless reviewed and saved from repeal through reenactment by the
  328  Legislature.
  329         Section 5. Paragraph (m) of subsection (15) of section
  330  163.01, Florida Statutes, is amended to read:
  331         163.01 Florida Interlocal Cooperation Act of 1969.—
  332         (15) Notwithstanding any other provision of this section or
  333  of any other law except s. 361.14, any public agency of this
  334  state which is an electric utility, or any separate legal entity
  335  created pursuant to the provisions of this section, the
  336  membership of which consists only of electric utilities, and
  337  which exercises or proposes to exercise the powers granted by
  338  part II of chapter 361, the Joint Power Act, may exercise any or
  339  all of the following powers:
  340         (m) In the event that any public agency or any such legal
  341  entity, or both, should receive, in connection with its joint
  342  ownership or right to the services, output, capacity, or energy
  343  of an electric project, as defined in paragraph (3)(d), any
  344  material which is designated by the person supplying such
  345  material as proprietary confidential business information or
  346  which a court of competent jurisdiction has designated as
  347  confidential or secret shall be kept confidential and shall be
  348  exempt from the provisions of s. 119.07(1). As used in this
  349  paragraph, “proprietary confidential business information”
  350  includes, but is not limited to, trade secrets; internal
  351  auditing controls and reports of internal auditors; security
  352  measures, systems, or procedures; information concerning bids or
  353  other contractual data, the disclosure of which would impair the
  354  efforts of the utility to contract for services on favorable
  355  terms; employee personnel information unrelated to compensation,
  356  duties, qualifications, or responsibilities; and formulas,
  357  patterns, devices, combinations of devices, contract costs, or
  358  other information the disclosure of which would injure the
  359  affected entity in the marketplace.
  360         Section 6. Subsection (2) of section 202.195, Florida
  361  Statutes, is amended to read:
  362         202.195 Proprietary confidential business information;
  363  public records exemption.—
  364         (2) For the purposes of this exemption, “proprietary
  365  confidential business information” includes maps, plans, billing
  366  and payment records, trade secrets, or other information
  367  relating to the provision of or facilities for communications
  368  service:
  369         (a) That is intended to be and is treated by the company as
  370  confidential;
  371         (b) The disclosure of which would be reasonably likely to
  372  be used by a competitor to harm the business interests of the
  373  company; and
  374         (c) That is not otherwise readily ascertainable or publicly
  375  available by proper means by other persons from another source
  376  in the same configuration as requested by the local governmental
  377  entity.
  378  
  379  Proprietary confidential business information does not include
  380  schematics indicating the location of facilities for a specific
  381  site that are provided in the normal course of the local
  382  governmental entity’s permitting process.
  383         Section 7. Paragraphs (a), (c), and (d) of subsection (3)
  384  of section 215.4401, Florida Statutes, are amended to read:
  385         215.4401 Board of Administration; public record
  386  exemptions.—
  387         (3)(a) As used in this subsection, the term:
  388         1. “Alternative investment” means an investment by the
  389  State Board of Administration in a private equity fund, venture
  390  fund, hedge fund, or distress fund or a direct investment in a
  391  portfolio company through an investment manager.
  392         2. “Alternative investment vehicle” means the limited
  393  partnership, limited liability company, or similar legal
  394  structure or investment manager through which the State Board of
  395  Administration invests in a portfolio company.
  396         3. “Portfolio company” means a corporation or other issuer,
  397  any of whose securities are owned by an alternative investment
  398  vehicle or the State Board of Administration and any subsidiary
  399  of such corporation or other issuer.
  400         4. “Portfolio positions” means individual investments in
  401  portfolio companies which are made by the alternative investment
  402  vehicles, including information or specific investment terms
  403  associated with any portfolio company investment.
  404         5. “Proprietor” means an alternative investment vehicle, a
  405  portfolio company in which the alternative investment vehicle is
  406  invested, or an outside consultant, including the respective
  407  authorized officers, employees, agents, or successors in
  408  interest, which controls or owns information provided to the
  409  State Board of Administration.
  410         6. “Proprietary confidential business information” means
  411  information that has been designated by the proprietor when
  412  provided to the State Board of Administration as information
  413  that is owned or controlled by a proprietor; that is intended to
  414  be and is treated by the proprietor as private, the disclosure
  415  of which would harm the business operations of the proprietor
  416  and has not been intentionally disclosed by the proprietor
  417  unless pursuant to a private agreement that provides that the
  418  information will not be released to the public except as
  419  required by law or legal process, or pursuant to law or an order
  420  of a court or administrative body; and that concerns:
  421         a. Trade secrets as defined in s. 688.002.
  422         a.b. Information provided to the State Board of
  423  Administration regarding a prospective investment in a private
  424  equity fund, venture fund, hedge fund, distress fund, or
  425  portfolio company which is proprietary to the provider of the
  426  information.
  427         b.c. Financial statements and auditor reports of an
  428  alternative investment vehicle.
  429         c.d. Meeting materials of an alternative investment vehicle
  430  relating to financial, operating, or marketing information of
  431  the alternative investment vehicle.
  432         d.e. Information regarding the portfolio positions in which
  433  the alternative investment vehicles invest.
  434         e.f. Capital call and distribution notices to investors of
  435  an alternative investment vehicle.
  436         f.g. Alternative investment agreements and related records.
  437         g.h. Information concerning investors, other than the State
  438  Board of Administration, in an alternative investment vehicle.
  439         7. “Proprietary confidential business information” does not
  440  include:
  441         a. The name, address, and vintage year of an alternative
  442  investment vehicle and the identity of the principals involved
  443  in the management of the alternative investment vehicle.
  444         b. The dollar amount of the commitment made by the State
  445  Board of Administration to each alternative investment vehicle
  446  since inception.
  447         c. The dollar amount and date of cash contributions made by
  448  the State Board of Administration to each alternative investment
  449  vehicle since inception.
  450         d. The dollar amount, on a fiscal-year-end basis, of cash
  451  distributions received by the State Board of Administration from
  452  each alternative investment vehicle.
  453         e. The dollar amount, on a fiscal-year-end basis, of cash
  454  distributions received by the State Board of Administration plus
  455  the remaining value of alternative-vehicle assets that are
  456  attributable to the State Board of Administration’s investment
  457  in each alternative investment vehicle.
  458         f. The net internal rate of return of each alternative
  459  investment vehicle since inception.
  460         g. The investment multiple of each alternative investment
  461  vehicle since inception.
  462         h. The dollar amount of the total management fees and costs
  463  paid on an annual fiscal-year-end basis by the State Board of
  464  Administration to each alternative investment vehicle.
  465         i. The dollar amount of cash profit received by the State
  466  Board of Administration from each alternative investment vehicle
  467  on a fiscal-year-end basis.
  468         j. A description of any compensation, fees, or expenses,
  469  including the amount or value, paid or agreed to be paid by a
  470  proprietor to any person to solicit the board to make an
  471  alternative investment or investment through an alternative
  472  investment vehicle. This does not apply to an executive officer,
  473  general partner, managing member, or other employee of the
  474  proprietor, who is paid by the proprietor to solicit the board
  475  to make such investments.
  476         (c)1. Notwithstanding the provisions of paragraph (b), a
  477  request to inspect or copy a record under s. 119.07(1) that
  478  contains proprietary confidential business information shall be
  479  granted if the proprietor of the information fails, within a
  480  reasonable period of time after the request is received by the
  481  State Board of Administration, to verify the following to the
  482  State Board of Administration through a written declaration in
  483  the manner provided by s. 92.525:
  484         a. That the requested record contains proprietary
  485  confidential business information and the specific location of
  486  such information within the record;
  487         b. If the proprietary confidential business information is
  488  a trade secret, a verification that it is a trade secret as
  489  defined in s. 688.002;
  490         b.c. That the proprietary confidential business information
  491  is intended to be and is treated by the proprietor as private,
  492  is the subject of efforts of the proprietor to maintain its
  493  privacy, and is not readily ascertainable or publicly available
  494  from any other source; and
  495         c.d. That the disclosure of the proprietary confidential
  496  business information to the public would harm the business
  497  operations of the proprietor.
  498         2. The State Board of Administration shall maintain a list
  499  and a description of the records covered by any verified,
  500  written declaration made under this paragraph.
  501         (d) Any person may petition a court of competent
  502  jurisdiction for an order for the public release of those
  503  portions of any record made confidential and exempt by paragraph
  504  (b). Any action under this paragraph must be brought in Leon
  505  County, Florida, and the petition or other initial pleading
  506  shall be served on the State Board of Administration and, if
  507  determinable upon diligent inquiry, on the proprietor of the
  508  information sought to be released. In any order for the public
  509  release of a record under this paragraph, the court shall make a
  510  finding that the record or portion thereof is not a trade secret
  511  as defined in s. 688.002, that a compelling public interest is
  512  served by the release of the record or portions thereof which
  513  exceed the public necessity for maintaining the confidentiality
  514  of such record, and that the release of the record will not
  515  cause damage to or adversely affect the interests of the
  516  proprietor of the released information, other private persons or
  517  business entities, the State Board of Administration, or any
  518  trust fund, the assets of which are invested by the State Board
  519  of Administration.
  520         Section 8. Subsection (1) of section 252.88, Florida
  521  Statutes, is amended to read:
  522         252.88 Public records.—
  523         (1) Whenever EPCRA authorizes an employer to exclude trade
  524  secret information from its submittals, the employer shall
  525  furnish the information so excluded to the commission upon
  526  request. Such information shall be confidential and exempt from
  527  the provisions of s. 119.07(1). The commission shall not
  528  disclose such information except pursuant to a final
  529  determination under s. 322 of EPCRA by the Administrator of the
  530  Environmental Protection Agency that such information is not
  531  entitled to trade secret protection, or pursuant to an order of
  532  court.
  533         Section 9. Section 252.943, Florida Statutes, is repealed.
  534         Section 10. Paragraph (h) of subsection (2) of section
  535  287.0943, Florida Statutes, is amended to read:
  536         287.0943 Certification of minority business enterprises.—
  537         (2)
  538         (h) The certification procedures should allow an applicant
  539  seeking certification to designate on the application form the
  540  information the applicant considers to be proprietary,
  541  confidential business information. As used in this paragraph,
  542  “proprietary, confidential business information” includes, but
  543  is not limited to, any information that would be exempt from
  544  public inspection pursuant to the provisions of chapter 119;
  545  trade secrets; internal auditing controls and reports; contract
  546  costs; or other information the disclosure of which would injure
  547  the affected party in the marketplace or otherwise violate s.
  548  286.041. The executor in receipt of the application shall issue
  549  written and final notice of any information for which
  550  noninspection is requested but not provided for by law.
  551         Section 11. Subsection (7) of section 288.047, Florida
  552  Statutes, is amended to read:
  553         288.047 Quick-response training for economic development.—
  554         (7) In providing instruction pursuant to this section,
  555  materials that relate to methods of manufacture or production,
  556  potential trade secrets, business transactions, or proprietary
  557  information received, produced, ascertained, or discovered by
  558  employees of the respective departments, district school boards,
  559  community college district boards of trustees, or other
  560  personnel employed for the purposes of this section is
  561  confidential and exempt from the provisions of s. 119.07(1). The
  562  state may seek copyright protection for instructional materials
  563  and ancillary written documents developed wholly or partially
  564  with state funds as a result of instruction provided pursuant to
  565  this section, except for materials that are confidential and
  566  exempt from the provisions of s. 119.07(1).
  567         Section 12. Paragraph (c) of subsection (1) and subsection
  568  (3) of section 288.075, Florida Statutes, are amended to read:
  569         288.075 Confidentiality of records.—
  570         (1) DEFINITIONS.—As used in this section, the term:
  571         (c) “Trade secret” has the same meaning as in s. 688.002.
  572         (3) TRADE SECRETS.—Trade secrets held by an economic
  573  development agency are confidential and exempt from s. 119.07(1)
  574  and s. 24(a), Art. I of the State Constitution.
  575         Section 13. Subsection (9) of section 288.1226, Florida
  576  Statutes, is amended to read:
  577         288.1226 Florida Tourism Industry Marketing Corporation;
  578  use of property; board of directors; duties; audit.—
  579         (9) PUBLIC RECORDS EXEMPTION.—The identity of any person
  580  who responds to a marketing project or advertising research
  581  project conducted by the corporation in the performance of its
  582  duties on behalf of Enterprise Florida, Inc., is or trade
  583  secrets as defined by s. 812.081 obtained pursuant to such
  584  activities, are exempt from s. 119.07(1) and s. 24(a), Art. I of
  585  the State Constitution. This subsection is subject to the Open
  586  Government Sunset Review Act in accordance with s. 119.15 and
  587  shall stand repealed on October 2, 2021, unless reviewed and
  588  saved from repeal through reenactment by the Legislature.
  589         Section 14. Paragraph (d) of subsection (3) of section
  590  288.776, Florida Statutes, is amended to read:
  591         288.776 Board of directors; powers and duties.—
  592         (3) The board shall:
  593         (d) Adopt policies, including criteria, establishing which
  594  exporters and export transactions shall be eligible for
  595  insurance, coinsurance, loan guarantees, and direct, guaranteed,
  596  or collateralized loans which may be extended by the
  597  corporation. Pursuant to this subsection, the board shall
  598  include the following criteria:
  599         1. Any individual signing any corporation loan application
  600  and loan or guarantee agreement shall have an equity in the
  601  business applying for financial assistance.
  602         2. Each program shall exclusively support the export of
  603  goods and services by small and medium-sized businesses which
  604  are domiciled in this state. Priority shall be given to goods
  605  which have value added in this state.
  606         3. Financial assistance shall only be extended when at
  607  least one of the following circumstances exists:
  608         a. The assistance is required to secure the participation
  609  of small and medium-sized export businesses in federal, state,
  610  or private financing programs.
  611         b. No conventional source of lender support is available
  612  for the business from public or private financing sources.
  613  
  614  Personal financial records, trade secrets, or proprietary
  615  information of applicants shall be confidential and exempt from
  616  the provisions of s. 119.07(1).
  617         Section 15. Section 288.9520, Florida Statutes, is amended
  618  to read:
  619         288.9520 Public records exemption.—Materials that relate to
  620  methods of manufacture or production, potential trade secrets,
  621  potentially patentable material, actual trade secrets, business
  622  transactions, financial and proprietary information, and
  623  agreements or proposals to receive funding that are received,
  624  generated, ascertained, or discovered by Enterprise Florida,
  625  Inc., including its affiliates or subsidiaries and partnership
  626  participants, such as private enterprises, educational
  627  institutions, and other organizations, are confidential and
  628  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
  629  of the State Constitution, except that a recipient of Enterprise
  630  Florida, Inc., research funds shall make available, upon
  631  request, the title and description of the research project, the
  632  name of the researcher, and the amount and source of funding
  633  provided for the project.
  634         Section 16. Subsection (5) of section 288.9607, Florida
  635  Statutes, is amended to read:
  636         288.9607 Guaranty of bond issues.—
  637         (5) Personal financial records, trade secrets, or
  638  proprietary information of applicants delivered to or obtained
  639  by the corporation shall be confidential and exempt from the
  640  provisions of s. 119.07(1).
  641         Section 17. Paragraph (f) of subsection (1), paragraph (a)
  642  of subsection (2), paragraph (a) of subsection (3), and
  643  paragraphs (b) and (c) of subsection (4) of section 288.9626,
  644  Florida Statutes, are amended to read:
  645         288.9626 Exemptions from public records and public meetings
  646  requirements for the Florida Opportunity Fund.—
  647         (1) DEFINITIONS.—As used in this section, the term:
  648         (f)1. “Proprietary confidential business information” means
  649  information that has been designated by the proprietor when
  650  provided to the Florida Opportunity Fund as information that is
  651  owned or controlled by a proprietor; that is intended to be and
  652  is treated by the proprietor as private, the disclosure of which
  653  would harm the business operations of the proprietor and has not
  654  been intentionally disclosed by the proprietor unless pursuant
  655  to a private agreement that provides that the information will
  656  not be released to the public except as required by law or legal
  657  process, or pursuant to law or an order of a court or
  658  administrative body; and that concerns:
  659         a. Trade secrets as defined in s. 688.002.
  660         a.b. Information provided to the Florida Opportunity Fund
  661  regarding an existing or prospective alternative investment in a
  662  private equity fund, venture capital fund, angel fund, or
  663  portfolio company that is proprietary to the provider of the
  664  information.
  665         b.c. Financial statements and auditor reports of an
  666  alternative investment vehicle or portfolio company, unless
  667  publicly released by the alternative investment vehicle or
  668  portfolio company.
  669         c.d. Meeting materials of an alternative investment vehicle
  670  or portfolio company relating to financial, operating, or
  671  marketing information of the alternative investment vehicle or
  672  portfolio company.
  673         d.e. Information regarding the portfolio positions in which
  674  the alternative investment vehicles or Florida Opportunity Fund
  675  invest.
  676         e.f. Capital call and distribution notices to investors or
  677  the Florida Opportunity Fund of an alternative investment
  678  vehicle.
  679         f.g. Alternative investment agreements and related records.
  680         g.h. Information concerning investors, other than the
  681  Florida Opportunity Fund, in an alternative investment vehicle
  682  or portfolio company.
  683         2. “Proprietary confidential business information” does not
  684  include:
  685         a. The name, address, and vintage year of an alternative
  686  investment vehicle or Florida Opportunity Fund and the identity
  687  of the principals involved in the management of the alternative
  688  investment vehicle or Florida Opportunity Fund.
  689         b. The dollar amount of the commitment made by the Florida
  690  Opportunity Fund to each alternative investment vehicle since
  691  inception, if any.
  692         c. The dollar amount and date of cash contributions made by
  693  the Florida Opportunity Fund to each alternative investment
  694  vehicle since inception, if any.
  695         d. The dollar amount, on a fiscal-year-end basis, of cash
  696  or other fungible distributions received by the Florida
  697  Opportunity Fund from each alternative investment vehicle.
  698         e. The dollar amount, on a fiscal-year-end basis, of cash
  699  or other fungible distributions received by the Florida
  700  Opportunity Fund plus the remaining value of alternative-vehicle
  701  assets that are attributable to the Florida Opportunity Fund’s
  702  investment in each alternative investment vehicle.
  703         f. The net internal rate of return of each alternative
  704  investment vehicle since inception.
  705         g. The investment multiple of each alternative investment
  706  vehicle since inception.
  707         h. The dollar amount of the total management fees and costs
  708  paid on an annual fiscal-year-end basis by the Florida
  709  Opportunity Fund to each alternative investment vehicle.
  710         i. The dollar amount of cash profit received by the Florida
  711  Opportunity Fund from each alternative investment vehicle on a
  712  fiscal-year-end basis.
  713         (2) PUBLIC RECORDS EXEMPTION.—
  714         (a) The following records held by the Florida Opportunity
  715  Fund are confidential and exempt from s. 119.07(1) and s. 24(a),
  716  Art. I of the State Constitution:
  717         1. Materials that relate to methods of manufacture or
  718  production, potential trade secrets, or patentable material
  719  received, generated, ascertained, or discovered during the
  720  course of research or through research projects and that are
  721  provided by a proprietor.
  722         2. Information that would identify an investor or potential
  723  investor who desires to remain anonymous in projects reviewed by
  724  the Florida Opportunity Fund.
  725         3. Proprietary confidential business information regarding
  726  alternative investments for 7 years after the termination of the
  727  alternative investment.
  728         (3) PUBLIC MEETINGS EXEMPTION.—
  729         (a) That portion of a meeting of the board of directors of
  730  the Florida Opportunity Fund at which information is discussed
  731  which is confidential and exempt under subsection (2) or s.
  732  688.01 is exempt from s. 286.011 and s. 24(b), Art. I of the
  733  State Constitution.
  734         (4) REQUEST TO INSPECT OR COPY A RECORD.—
  735         (b) Notwithstanding the provisions of paragraph (2)(a), a
  736  request to inspect or copy a public record that contains
  737  proprietary confidential business information shall be granted
  738  if the proprietor of the information fails, within a reasonable
  739  period of time after the request is received by the Florida
  740  Opportunity Fund, to verify the following to the Florida
  741  Opportunity Fund through a written declaration in the manner
  742  provided by s. 92.525:
  743         1. That the requested record contains proprietary
  744  confidential business information and the specific location of
  745  such information within the record;
  746         2. If the proprietary confidential business information is
  747  a trade secret, a verification that it is a trade secret as
  748  defined in s. 688.002;
  749         2.3. That the proprietary confidential business information
  750  is intended to be and is treated by the proprietor as private,
  751  is the subject of efforts of the proprietor to maintain its
  752  privacy, and is not readily ascertainable or publicly available
  753  from any other source; and
  754         3.4. That the disclosure of the proprietary confidential
  755  business information to the public would harm the business
  756  operations of the proprietor.
  757         (c)1. Any person may petition a court of competent
  758  jurisdiction for an order for the public release of those
  759  portions of any record made confidential and exempt by
  760  subsection (2).
  761         2. Any action under this subsection must be brought in
  762  Orange County, and the petition or other initial pleading shall
  763  be served on the Florida Opportunity Fund and, if determinable
  764  upon diligent inquiry, on the proprietor of the information
  765  sought to be released.
  766         3. In any order for the public release of a record under
  767  this subsection, the court shall make a finding that:
  768         a. The record or portion thereof is not a trade secret as
  769  defined in s. 688.002;
  770         a.b. A compelling public interest is served by the release
  771  of the record or portions thereof which exceed the public
  772  necessity for maintaining the confidentiality of such record;
  773  and
  774         b.c. The release of the record will not cause damage to or
  775  adversely affect the interests of the proprietor of the released
  776  information, other private persons or business entities, or the
  777  Florida Opportunity Fund.
  778         Section 18. Paragraph (b) of subsection (1), paragraph (a)
  779  of subsection (2), paragraph (a) of subsection (3), and
  780  paragraphs (b) and (c) of subsection (4) of section 288.9627,
  781  Florida Statutes, are amended to read:
  782         288.9627 Exemptions from public records and public meetings
  783  requirements for the Institute for Commercialization of Florida
  784  Technology.—
  785         (1) DEFINITIONS.—As used in this section, the term:
  786         (b)1. “Proprietary confidential business information” means
  787  information that has been designated by the proprietor when
  788  provided to the institute as information that is owned or
  789  controlled by a proprietor; that is intended to be and is
  790  treated by the proprietor as private, the disclosure of which
  791  would harm the business operations of the proprietor and has not
  792  been intentionally disclosed by the proprietor unless pursuant
  793  to a private agreement that provides that the information will
  794  not be released to the public except as required by law or legal
  795  process, or pursuant to law or an order of a court or
  796  administrative body; and that concerns:
  797         a. Trade secrets as defined in s. 688.002.
  798         a.b. Financial statements and internal or external auditor
  799  reports of a proprietor corporation, partnership, or person
  800  requesting confidentiality under this statute, unless publicly
  801  released by the proprietor.
  802         b.c. Meeting materials related to financial, operating,
  803  investment, or marketing information of the proprietor
  804  corporation, partnership, or person.
  805         c.d. Information concerning private investors in the
  806  proprietor corporation, partnership, or person.
  807         2. “Proprietary confidential business information” does not
  808  include:
  809         a. The identity and primary address of the proprietor’s
  810  principals.
  811         b. The dollar amount and date of the financial commitment
  812  or contribution made by the institute.
  813         c. The dollar amount, on a fiscal-year-end basis, of cash
  814  repayments or other fungible distributions received by the
  815  institute from each proprietor.
  816         d. The dollar amount, if any, of the total management fees
  817  and costs paid on an annual fiscal-year-end basis by the
  818  institute.
  819         (2) PUBLIC RECORDS EXEMPTION.—
  820         (a) The following records held by the institute are
  821  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  822  of the State Constitution:
  823         1. Materials that relate to methods of manufacture or
  824  production, potential trade secrets, or patentable material
  825  received, generated, ascertained, or discovered during the
  826  course of research or through research projects conducted by
  827  universities and other publicly supported organizations in this
  828  state and that are provided to the institute by a proprietor.
  829         2. Information that would identify an investor or potential
  830  investor who desires to remain anonymous in projects reviewed by
  831  the institute for assistance.
  832         3. Any information received from a person from another
  833  state or nation or the Federal Government which is otherwise
  834  confidential or exempt pursuant to the laws of that state or
  835  nation or pursuant to federal law.
  836         4. Proprietary confidential business information for 7
  837  years after the termination of the institute’s financial
  838  commitment to the company.
  839         (3) PUBLIC MEETINGS EXEMPTION.—
  840         (a) That portion of a meeting of the institute’s board of
  841  directors at which information is discussed which is
  842  confidential and exempt under subsection (2) or s. 688.01 is
  843  exempt from s. 286.011 and s. 24(b), Art. I of the State
  844  Constitution.
  845         (4) REQUEST TO INSPECT OR COPY A RECORD.—
  846         (b) Notwithstanding the provisions of paragraph (2)(a), a
  847  request to inspect or copy a public record that contains
  848  proprietary confidential business information shall be granted
  849  if the proprietor of the information fails, within a reasonable
  850  period of time after the request is received by the institute,
  851  to verify the following to the institute through a written
  852  declaration in the manner provided by s. 92.525:
  853         1. That the requested record contains proprietary
  854  confidential business information and the specific location of
  855  such information within the record;
  856         2. If the proprietary confidential business information is
  857  a trade secret, a verification that it is a trade secret as
  858  defined in s. 688.002;
  859         2.3. That the proprietary confidential business information
  860  is intended to be and is treated by the proprietor as private,
  861  is the subject of efforts of the proprietor to maintain its
  862  privacy, and is not readily ascertainable or publicly available
  863  from any other source; and
  864         3.4. That the disclosure of the proprietary confidential
  865  business information to the public would harm the business
  866  operations of the proprietor.
  867         (c)1. Any person may petition a court of competent
  868  jurisdiction for an order for the public release of those
  869  portions of any record made confidential and exempt by
  870  subsection (2).
  871         2. Any action under this subsection must be brought in Palm
  872  Beach County or Alachua County, and the petition or other
  873  initial pleading shall be served on the institute and, if
  874  determinable upon diligent inquiry, on the proprietor of the
  875  information sought to be released.
  876         3. In any order for the public release of a record under
  877  this subsection, the court shall make a finding that:
  878         a. The record or portion thereof is not a trade secret as
  879  defined in s. 688.002;
  880         a.b. A compelling public interest is served by the release
  881  of the record or portions thereof which exceed the public
  882  necessity for maintaining the confidentiality of such record;
  883  and
  884         b.c. The release of the record will not cause damage to or
  885  adversely affect the interests of the proprietor of the released
  886  information, other private persons or business entities, or the
  887  institute.
  888         Section 19. Section 331.326, Florida Statutes, is amended
  889  to read:
  890         331.326 Information relating to trade secrets
  891  confidential.—The records of Space Florida regarding matters
  892  encompassed by this act are public records subject to chapter
  893  119. Any information held by Space Florida which is a trade
  894  secret, as defined in s. 812.081, including trade secrets of
  895  Space Florida, any spaceport user, or the space industry
  896  business, is confidential and exempt from s. 119.07(1) and s.
  897  24(a), Art. I of the State Constitution and may not be
  898  disclosed. If Space Florida determines that any information
  899  requested by the public will reveal a trade secret, it shall, in
  900  writing, inform the person making the request of that
  901  determination. The determination is a final order as defined in
  902  s. 120.52. Any meeting or portion of a meeting of Space
  903  Florida’s board is exempt from s. 286.011 and s. 24(b), Art. I
  904  of the State Constitution when the board is discussing trade
  905  secrets as defined in s. 688.01. Any public record generated
  906  during the closed portions of the meetings, such as minutes,
  907  tape recordings, and notes, is confidential and exempt from s.
  908  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  909  section is subject to the Open Government Sunset Review Act in
  910  accordance with s. 119.15 and shall stand repealed on October 2,
  911  2021, unless reviewed and saved from repeal through reenactment
  912  by the Legislature.
  913         Section 20. Section 334.049, Florida Statutes, is amended
  914  to read:
  915         334.049 Patents, copyrights, trademarks; notice to
  916  Department of State; confidentiality of trade secrets.—
  917         (1) Notwithstanding any other provision of law to the
  918  contrary, the Department of Transportation is authorized, in its
  919  own name, to:
  920         (a) Perform all things necessary to secure letters of
  921  patent, copyrights, and trademarks on any legitimately acquired
  922  work products, and to enforce its rights therein.
  923         (b) License, lease, assign, or otherwise give written
  924  consent to any person, firm, or corporation for the manufacture
  925  or use of any product protected by patent, copyright, or
  926  trademark, whether on a royalty basis or for such other
  927  consideration as the department may deem proper.
  928         (c) Take any action necessary, including legal action, to
  929  enforce its rights under any agreement and to protect its
  930  property rights from improper or unlawful use or infringement.
  931         (d) Enforce the collection of any payments or other
  932  obligations due the department for the manufacture or use of any
  933  product by any other party.
  934         (e) Sell any product, except where otherwise provided by
  935  public records laws, which the department may create or cause to
  936  be created, whether or not the product is protected by a
  937  department patent, copyright, or trademark, and to execute all
  938  instruments necessary to consummate any such sale.
  939         (f) Do all other acts necessary and proper for the
  940  execution of powers and duties herein conferred upon the
  941  department.
  942         (2) The department shall notify the Department of State in
  943  writing whenever property rights by patent, copyright, or
  944  trademark are secured or exploited by the department.
  945         (3) Any proceeds from the sale of products or the right to
  946  manufacture or use a product shall be deposited in the State
  947  Transportation Trust Fund and may be appropriated to finance
  948  activities of the department. The department’s legislative
  949  budget request should give special consideration to using such
  950  funds for research and development projects.
  951         (4) Any information obtained by the department as a result
  952  of research and development projects and revealing a method of
  953  process, production, or manufacture which is a trade secret as
  954  defined in s. 688.002, is confidential and exempt from the
  955  provisions of s. 119.07(1).
  956         (5) As used in this section the term “product” includes any
  957  and all inventions, methodologies, techniques, and creations
  958  that may be properly protected by patent, copyright, or
  959  trademark.
  960         Section 21. Section 350.121, Florida Statutes, is amended
  961  to read:
  962         350.121 Commission inquiries; confidentiality of business
  963  material.—If the commission undertakes an inquiry, any records,
  964  documents, papers, maps, books, tapes, photographs, files, sound
  965  recordings, or other business material, regardless of form or
  966  characteristics, obtained by the commission incident to the
  967  inquiry are considered confidential and exempt from s. 119.07(1)
  968  while the inquiry is pending. If at the conclusion of an inquiry
  969  the commission undertakes a formal proceeding, any matter
  970  determined by the commission or by a judicial or administrative
  971  body, federal or state, to be trade secrets or proprietary
  972  confidential business information coming into its possession
  973  pursuant to such inquiry shall be considered confidential and
  974  exempt from s. 119.07(1). Such material may be used in any
  975  administrative or judicial proceeding so long as the
  976  confidential or proprietary nature of the material is
  977  maintained.
  978         Section 22. Subsection (3) of section 364.183, Florida
  979  Statutes, is amended to read:
  980         364.183 Access to company records.—
  981         (3) The term “proprietary confidential business
  982  information” means information, regardless of form or
  983  characteristics, which is owned or controlled by the person or
  984  company, is intended to be and is treated by the person or
  985  company as private in that the disclosure of the information
  986  would cause harm to the ratepayers or the person’s or company’s
  987  business operations, and has not been disclosed unless disclosed
  988  pursuant to a statutory provision, an order of a court or
  989  administrative body, or private agreement that provides that the
  990  information will not be released to the public. The term
  991  includes, but is not limited to:
  992         (a) Trade secrets.
  993         (b) Internal auditing controls and reports of internal
  994  auditors.
  995         (b)(c) Security measures, systems, or procedures.
  996         (c)(d) Information concerning bids or other contractual
  997  data, the disclosure of which would impair the efforts of the
  998  company or its affiliates to contract for goods or services on
  999  favorable terms.
 1000         (d)(e) Information relating to competitive interests, the
 1001  disclosure of which would impair the competitive business of the
 1002  provider of information.
 1003         (e)(f) Employee personnel information unrelated to
 1004  compensation, duties, qualifications, or responsibilities.
 1005         Section 23. Subsection (3) of section 365.174, Florida
 1006  Statutes, is amended to read:
 1007         365.174 Proprietary confidential business information.—
 1008         (3) As used in this section, the term “proprietary
 1009  confidential business information” means customer lists,
 1010  customer numbers, individual or aggregate customer data by
 1011  location, usage and capacity data, network facilities used to
 1012  serve subscribers, technology descriptions, or technical
 1013  information, or trade secrets, including trade secrets as
 1014  defined in s. 812.081, and the actual or developmental costs of
 1015  E911 systems that are developed, produced, or received
 1016  internally by a provider or by a provider’s employees,
 1017  directors, officers, or agents.
 1018         Section 24. Subsection (3) of section 366.093, Florida
 1019  Statutes, is amended to read:
 1020         366.093 Public utility records; confidentiality.—
 1021         (3) Proprietary confidential business information means
 1022  information, regardless of form or characteristics, which is
 1023  owned or controlled by the person or company, is intended to be
 1024  and is treated by the person or company as private in that the
 1025  disclosure of the information would cause harm to the ratepayers
 1026  or the person’s or company’s business operations, and has not
 1027  been disclosed unless disclosed pursuant to a statutory
 1028  provision, an order of a court or administrative body, or
 1029  private agreement that provides that the information will not be
 1030  released to the public. Proprietary confidential business
 1031  information includes, but is not limited to:
 1032         (a) Trade secrets.
 1033         (b) Internal auditing controls and reports of internal
 1034  auditors.
 1035         (b)(c) Security measures, systems, or procedures.
 1036         (c)(d) Information concerning bids or other contractual
 1037  data, the disclosure of which would impair the efforts of the
 1038  public utility or its affiliates to contract for goods or
 1039  services on favorable terms.
 1040         (d)(e) Information relating to competitive interests, the
 1041  disclosure of which would impair the competitive business of the
 1042  provider of the information.
 1043         (e)(f) Employee personnel information unrelated to
 1044  compensation, duties, qualifications, or responsibilities.
 1045         Section 25. Subsection (3) of section 367.156, Florida
 1046  Statutes, is amended to read:
 1047         367.156 Public utility records; confidentiality.—
 1048         (3) Proprietary confidential business information means
 1049  information, regardless of form or characteristics, which is
 1050  owned or controlled by the person or company, is intended to be
 1051  and is treated by the person or company as private in that the
 1052  disclosure of the information would cause harm to the ratepayers
 1053  or the person’s or company’s business operations, and has not
 1054  been disclosed unless disclosed pursuant to a statutory
 1055  provision, an order of a court or administrative body, or a
 1056  private agreement that provides that the information will not be
 1057  released to the public. Proprietary business information
 1058  includes, but is not limited to:
 1059         (a) Trade secrets.
 1060         (b) Internal auditing controls and reports of internal
 1061  auditors.
 1062         (b)(c) Security measures, systems, or procedures.
 1063         (c)(d) Information concerning bids or other contractual
 1064  data, the disclosure of which would impair the efforts of the
 1065  utility or its affiliates to contract for goods or services on
 1066  favorable terms.
 1067         (d)(e) Information relating to competitive interests, the
 1068  disclosure of which would impair the competitive businesses of
 1069  the provider of the information.
 1070         (e)(f) Employee personnel information unrelated to
 1071  compensation, duties, qualifications, or responsibilities.
 1072         Section 26. Subsection (3) of section 368.108, Florida
 1073  Statutes, is amended to read:
 1074         368.108 Confidentiality; discovery.—
 1075         (3) “Proprietary confidential business information” means
 1076  information, regardless of form or characteristics, which is
 1077  owned or controlled by the person or company, is intended to be
 1078  and is treated by the person or company as private in that the
 1079  disclosure of the information would cause harm to the ratepayers
 1080  or the person’s or company’s business operations, and has not
 1081  been disclosed unless disclosed pursuant to a statutory
 1082  provision, an order of a court or administrative body, or a
 1083  private agreement that provides that the information will not be
 1084  released to the public. “Proprietary confidential business
 1085  information” includes, but is not limited to:
 1086         (a) Trade secrets.
 1087         (b) Internal auditing controls and reports of internal
 1088  auditors.
 1089         (b)(c) Security measures, systems, or procedures.
 1090         (c)(d) Information concerning bids or other contractual
 1091  data, the disclosure of which would impair the efforts of the
 1092  natural gas transmission company or its affiliates to contract
 1093  for goods or services on favorable terms.
 1094         (d)(e) Information relating to competitive interests, the
 1095  disclosure of which would impair the competitive business of the
 1096  provider of the information.
 1097         (e)(f) Employee personnel information unrelated to
 1098  compensation, duties, qualifications, or responsibilities.
 1099         Section 27. Section 381.83, Florida Statutes, is repealed.
 1100         Section 28. Paragraph (c) of subsection (2) of section
 1101  395.3035, Florida Statutes, is amended to read:
 1102         395.3035 Confidentiality of hospital records and meetings.—
 1103         (2) The following records and information of any hospital
 1104  that is subject to chapter 119 and s. 24(a), Art. I of the State
 1105  Constitution are confidential and exempt from the provisions of
 1106  s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
 1107         (c) Trade secrets, as defined in s. 688.002, including
 1108  Reimbursement methodologies and rates.
 1109         Section 29. Subsection (2) and paragraph (b) of subsection
 1110  (3) of section 403.7046, Florida Statutes, are amended to read:
 1111         403.7046 Regulation of recovered materials.—
 1112         (2) Notwithstanding s. 688.01, information reported
 1113  pursuant to this section or any rule adopted pursuant to this
 1114  section which, if disclosed, would reveal a trade secret, as
 1115  defined in s. 688.01, may be provided by the department s.
 1116  812.081, is confidential and exempt from s. 119.07(1) and s.
 1117  24(a), Art. I of the State Constitution. For reporting or
 1118  information purposes, however, the department may provide this
 1119  information in such form that the names of the persons reporting
 1120  such information and the specific information reported are not
 1121  revealed. This subsection is subject to the Open Government
 1122  Sunset Review Act in accordance with s. 119.15 and shall stand
 1123  repealed on October 2, 2021, unless reviewed and saved from
 1124  repeal through reenactment by the Legislature.
 1125         (3) Except as otherwise provided in this section or
 1126  pursuant to a special act in effect on or before January 1,
 1127  1993, a local government may not require a commercial
 1128  establishment that generates source-separated recovered
 1129  materials to sell or otherwise convey its recovered materials to
 1130  the local government or to a facility designated by the local
 1131  government, nor may the local government restrict such a
 1132  generator’s right to sell or otherwise convey such recovered
 1133  materials to any properly certified recovered materials dealer
 1134  who has satisfied the requirements of this section. A local
 1135  government may not enact any ordinance that prevents such a
 1136  dealer from entering into a contract with a commercial
 1137  establishment to purchase, collect, transport, process, or
 1138  receive source-separated recovered materials.
 1139         (b)1. Before engaging in business within the jurisdiction
 1140  of the local government, a recovered materials dealer or
 1141  pyrolysis facility must provide the local government with a copy
 1142  of the certification provided for in this section. In addition,
 1143  the local government may establish a registration process
 1144  whereby a recovered materials dealer or pyrolysis facility must
 1145  register with the local government before engaging in business
 1146  within the jurisdiction of the local government. Such
 1147  registration process is limited to requiring the dealer or
 1148  pyrolysis facility to register its name, including the owner or
 1149  operator of the dealer or pyrolysis facility, and, if the dealer
 1150  or pyrolysis facility is a business entity, its general or
 1151  limited partners, its corporate officers and directors, its
 1152  permanent place of business, evidence of its certification under
 1153  this section, and a certification that the recovered materials
 1154  or post-use polymers will be processed at a recovered materials
 1155  processing facility or pyrolysis facility satisfying the
 1156  requirements of this section. The local government may not use
 1157  the information provided in the registration application to
 1158  compete unfairly with the recovered materials dealer until 90
 1159  days after receipt of the application. All counties, and
 1160  municipalities whose population exceeds 35,000 according to the
 1161  population estimates determined pursuant to s. 186.901, may
 1162  establish a reporting process that must be limited to the
 1163  regulations, reporting format, and reporting frequency
 1164  established by the department pursuant to this section, which
 1165  must, at a minimum, include requiring the dealer or pyrolysis
 1166  facility to identify the types and approximate amount of
 1167  recovered materials or post-use polymers collected, recycled, or
 1168  reused during the reporting period; the approximate percentage
 1169  of recovered materials or post-use polymers reused, stored, or
 1170  delivered to a recovered materials processing facility or
 1171  pyrolysis facility or disposed of in a solid waste disposal
 1172  facility; and the locations where any recovered materials or
 1173  post-use polymers were disposed of as solid waste. The local
 1174  government may charge the dealer or pyrolysis facility a
 1175  registration fee commensurate with and no greater than the cost
 1176  incurred by the local government in operating its registration
 1177  program. Registration program costs are limited to those costs
 1178  associated with the activities described in this paragraph
 1179  subparagraph. Any reporting or registration process established
 1180  by a local government with regard to recovered materials or
 1181  post-use polymers is governed by this section and department
 1182  rules adopted pursuant thereto.
 1183         2. Information reported under this subsection which, if
 1184  disclosed, would reveal a trade secret, as defined in s.
 1185  812.081, is confidential and exempt from s. 119.07(1) and s.
 1186  24(a), Art. I of the State Constitution. This subparagraph is
 1187  subject to the Open Government Sunset Review Act in accordance
 1188  with s. 119.15 and shall stand repealed on October 2, 2021,
 1189  unless reviewed and saved from repeal through reenactment by the
 1190  Legislature.
 1191         Section 30. Section 403.73, Florida Statutes, is repealed.
 1192         Section 31. Paragraph (c) of subsection (1) of section
 1193  408.061, Florida Statutes, is amended to read:
 1194         408.061 Data collection; uniform systems of financial
 1195  reporting; information relating to physician charges;
 1196  confidential information; immunity.—
 1197         (1) The agency shall require the submission by health care
 1198  facilities, health care providers, and health insurers of data
 1199  necessary to carry out the agency’s duties and to facilitate
 1200  transparency in health care pricing data and quality measures.
 1201  Specifications for data to be collected under this section shall
 1202  be developed by the agency and applicable contract vendors, with
 1203  the assistance of technical advisory panels including
 1204  representatives of affected entities, consumers, purchasers, and
 1205  such other interested parties as may be determined by the
 1206  agency.
 1207         (c) Data to be submitted by health insurers may include,
 1208  but are not limited to: claims, payments to health care
 1209  facilities and health care providers as specified by rule,
 1210  premium, administration, and financial information. Data
 1211  submitted shall be certified by the chief financial officer, an
 1212  appropriate and duly authorized representative, or an employee
 1213  of the insurer that the information submitted is true and
 1214  accurate. Information that is considered a trade secret under s.
 1215  812.081 shall be clearly designated.
 1216         Section 32. Subsection (1) of section 408.185, Florida
 1217  Statutes, is amended to read:
 1218         408.185 Information submitted for review of antitrust
 1219  issues; confidentiality.—The following information held by the
 1220  Office of the Attorney General, which is submitted by a member
 1221  of the health care community pursuant to a request for an
 1222  antitrust no-action letter shall be confidential and exempt from
 1223  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1224  Constitution for 1 year after the date of submission.
 1225         (1) Documents that reveal trade secrets as defined in s.
 1226  688.002.
 1227         Section 33. Paragraph (a) of subsection (14) of section
 1228  408.910, Florida Statutes, is amended to read:
 1229         408.910 Florida Health Choices Program.—
 1230         (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
 1231         (a) Definitions.—For purposes of this subsection, the term:
 1232         1. “Buyer’s representative” means a participating insurance
 1233  agent as described in paragraph (4)(g).
 1234         2. “Enrollee” means an employer who is eligible to enroll
 1235  in the program pursuant to paragraph (4)(a).
 1236         3. “Participant” means an individual who is eligible to
 1237  participate in the program pursuant to paragraph (4)(b).
 1238         4. “Proprietary confidential business information” means
 1239  information, regardless of form or characteristics, that is
 1240  owned or controlled by a vendor requesting confidentiality under
 1241  this section; that is intended to be and is treated by the
 1242  vendor as private in that the disclosure of the information
 1243  would cause harm to the business operations of the vendor; that
 1244  has not been disclosed unless disclosed pursuant to a statutory
 1245  provision, an order of a court or administrative body, or a
 1246  private agreement providing that the information may be released
 1247  to the public; and that is information concerning:
 1248         a. Business plans.
 1249         b. Internal auditing controls and reports of internal
 1250  auditors.
 1251         c. Reports of external auditors for privately held
 1252  companies.
 1253         d. Client and customer lists.
 1254         e. Potentially patentable material.
 1255         f. A trade secret as defined in s. 688.002.
 1256         5. “Vendor” means a participating insurer or other provider
 1257  of services as described in paragraph (4)(d).
 1258         Section 34. Section 409.91196, Florida Statutes, is amended
 1259  to read:
 1260         409.91196 Supplemental rebate agreements; public records
 1261  and public meetings exemption.—
 1262         (1) The rebate amount, percent of rebate, manufacturer’s
 1263  pricing, and supplemental rebate, and other trade secrets as
 1264  defined in s. 688.002 that the agency has identified for use in
 1265  negotiations, held by the Agency for Health Care Administration
 1266  under s. 409.912(5)(a)7. are confidential and exempt from s.
 1267  119.07(1) and s. 24(a), Art. I of the State Constitution.
 1268         (2) That portion of a meeting of the Medicaid
 1269  Pharmaceutical and Therapeutics Committee at which the rebate
 1270  amount, percent of rebate, manufacturer’s pricing, or
 1271  supplemental rebate, or confidential and exempt other trade
 1272  secrets as provided for in s. 688.01 defined in s. 688.002 that
 1273  the agency has identified for use in negotiations, are discussed
 1274  is exempt from s. 286.011 and s. 24(b), Art. I of the State
 1275  Constitution. A record shall be made of each exempt portion of a
 1276  meeting. Such record must include the times of commencement and
 1277  termination, all discussions and proceedings, the names of all
 1278  persons present at any time, and the names of all persons
 1279  speaking. No exempt portion of a meeting may be held off the
 1280  record.
 1281         Section 35. Subsection (2) of section 440.108, Florida
 1282  Statutes, is amended to read:
 1283         440.108 Investigatory records relating to workers’
 1284  compensation employer compliance; confidentiality.—
 1285         (2) After an investigation is completed or ceases to be
 1286  active, information in records relating to the investigation
 1287  remains confidential and exempt from the provisions of s.
 1288  119.07(1) and s. 24(a), Art. I of the State Constitution if
 1289  disclosure of that information would:
 1290         (a) Jeopardize the integrity of another active
 1291  investigation;
 1292         (b) Reveal a trade secret, as defined in s. 688.002;
 1293         (c) Reveal business or personal financial information;
 1294         (c)(d) Reveal personal identifying information regarding
 1295  the identity of a confidential source;
 1296         (d)(e) Defame or cause unwarranted damage to the good name
 1297  or reputation of an individual or jeopardize the safety of an
 1298  individual; or
 1299         (e)(f) Reveal investigative techniques or procedures.
 1300         Section 36. Paragraph (c) of subsection (1) of section
 1301  494.00125, Florida Statutes, is amended to read:
 1302         494.00125 Public records exemptions.—
 1303         (1) INVESTIGATIONS OR EXAMINATIONS.—
 1304         (c) Except as necessary for the office to enforce the
 1305  provisions of this chapter, a consumer complaint and other
 1306  information relative to an investigation or examination shall
 1307  remain confidential and exempt from s. 119.07(1) after the
 1308  investigation or examination is completed or ceases to be active
 1309  to the extent disclosure would:
 1310         1. Jeopardize the integrity of another active investigation
 1311  or examination.
 1312         2. Reveal the name, address, telephone number, social
 1313  security number, or any other identifying number or information
 1314  of any complainant, customer, or account holder.
 1315         3. Disclose the identity of a confidential source.
 1316         4. Disclose investigative techniques or procedures.
 1317         5. Reveal a trade secret as defined in s. 688.002.
 1318         Section 37. Subsection (4) of section 497.172, Florida
 1319  Statutes, is amended to read:
 1320         497.172 Public records exemptions; public meetings
 1321  exemptions.—
 1322         (4) TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
 1323  held by the department or board, are confidential and exempt
 1324  from s. 119.07(1) and s. 24(a), Art. I of the State
 1325  Constitution.
 1326         Section 38. Paragraph (c) of subsection (3) of section
 1327  499.012, Florida Statutes, is amended to read:
 1328         499.012 Permit application requirements.—
 1329         (3)
 1330         (c) Information submitted by an applicant on an application
 1331  required pursuant to this subsection which is a trade secret, as
 1332  defined in s. 812.081, shall be maintained by the department as
 1333  trade secret information pursuant to s. 499.051(7).
 1334         Section 39. Subsection (7) of section 499.0121, Florida
 1335  Statutes, is amended to read:
 1336         499.0121 Storage and handling of prescription drugs;
 1337  recordkeeping.—The department shall adopt rules to implement
 1338  this section as necessary to protect the public health, safety,
 1339  and welfare. Such rules shall include, but not be limited to,
 1340  requirements for the storage and handling of prescription drugs
 1341  and for the establishment and maintenance of prescription drug
 1342  distribution records.
 1343         (7) PRESCRIPTION DRUG PURCHASE LIST.—
 1344         (a) Each wholesale distributor, except for a manufacturer,
 1345  shall annually provide the department with a written list of all
 1346  wholesale distributors and manufacturers from whom the wholesale
 1347  distributor purchases prescription drugs. A wholesale
 1348  distributor, except a manufacturer, shall notify the department
 1349  not later than 10 days after any change to either list.
 1350         (b) Such portions of the information required pursuant to
 1351  this subsection which are a trade secret, as defined in s.
 1352  812.081, shall be maintained by the department as trade secret
 1353  information is required to be maintained under s. 499.051. This
 1354  paragraph is subject to the Open Government Sunset Review Act in
 1355  accordance with s. 119.15 and shall stand repealed on October 2,
 1356  2021, unless reviewed and saved from repeal through reenactment
 1357  by the Legislature.
 1358         Section 40. Paragraph (g) of subsection (1) of section
 1359  499.05, Florida Statutes, is amended to read:
 1360         499.05 Rules.—
 1361         (1) The department shall adopt rules to implement and
 1362  enforce this chapter with respect to:
 1363         (g) Inspections and investigations conducted under s.
 1364  499.051 or s. 499.93, and the identification of information
 1365  claimed to be a trade secret and exempt from the public records
 1366  law as provided in s. 499.051(7).
 1367         Section 41. Paragraph (b) of subsection (7) of section
 1368  499.051, Florida Statutes, is amended to read:
 1369         499.051 Inspections and investigations.—
 1370         (7)
 1371         (b) Information that constitutes a trade secret, as defined
 1372  in s. 812.081, contained in the complaint or obtained by the
 1373  department pursuant to the investigation must remain
 1374  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1375  of the State Constitution as long as the information is held by
 1376  the department. This paragraph is subject to the Open Government
 1377  Sunset Review Act in accordance with s. 119.15 and shall stand
 1378  repealed on October 2, 2021, unless reviewed and saved from
 1379  repeal through reenactment by the Legislature.
 1380         Section 42. Section 499.931, Florida Statutes, is repealed.
 1381         Section 43. Paragraph (d) of subsection (11) of section
 1382  501.171, Florida Statutes, is amended to read:
 1383         501.171 Security of confidential personal information.—
 1384         (11) PUBLIC RECORDS EXEMPTION.—
 1385         (d) For purposes of this subsection, the term “proprietary
 1386  information” means information that:
 1387         1. Is owned or controlled by the covered entity.
 1388         2. Is intended to be private and is treated by the covered
 1389  entity as private because disclosure would harm the covered
 1390  entity or its business operations.
 1391         3. Has not been disclosed except as required by law or a
 1392  private agreement that provides that the information will not be
 1393  released to the public.
 1394         4. Is not publicly available or otherwise readily
 1395  ascertainable through proper means from another source in the
 1396  same configuration as received by the department.
 1397         5. Includes:
 1398         a. Trade secrets as defined in s. 688.002.
 1399         b. competitive interests, the disclosure of which would
 1400  impair the competitive business of the covered entity who is the
 1401  subject of the information.
 1402         Section 44. Section 502.222, Florida Statutes, is repealed.
 1403         Section 45. Paragraph (b) of subsection (1) of section
 1404  517.2015, Florida Statutes, is amended to read:
 1405         517.2015 Confidentiality of information relating to
 1406  investigations and examinations.—
 1407         (1)
 1408         (b) Except as necessary for the office to enforce the
 1409  provisions of this chapter, a consumer complaint and other
 1410  information relative to an investigation or examination shall
 1411  remain confidential and exempt from s. 119.07(1) after the
 1412  investigation or examination is completed or ceases to be active
 1413  to the extent disclosure would:
 1414         1. Jeopardize the integrity of another active investigation
 1415  or examination.
 1416         2. Reveal the name, address, telephone number, social
 1417  security number, or any other identifying number or information
 1418  of any complainant, customer, or account holder.
 1419         3. Disclose the identity of a confidential source.
 1420         4. Disclose investigative techniques or procedures.
 1421         5. Reveal a trade secret as defined in s. 688.002.
 1422         Section 46. Paragraph (b) of subsection (1) of section
 1423  520.9965, Florida Statutes, is amended to read:
 1424         520.9965 Confidentiality of information relating to
 1425  investigations and examinations.—
 1426         (1)
 1427         (b) Except as necessary for the office to enforce the
 1428  provisions of this chapter, a consumer complaint and other
 1429  information relative to an investigation or examination shall
 1430  remain confidential and exempt from s. 119.07(1) after the
 1431  investigation or examination is completed or ceases to be active
 1432  to the extent disclosure would:
 1433         1. Jeopardize the integrity of another active investigation
 1434  or examination.
 1435         2. Reveal the name, address, telephone number, social
 1436  security number, or any other identifying number or information
 1437  of any complainant, customer, or account holder.
 1438         3. Disclose the identity of a confidential source.
 1439         4. Disclose investigative techniques or procedures.
 1440         5. Reveal a trade secret as defined in s. 688.002.
 1441         Section 47. Subsection (2) of section 526.311, Florida
 1442  Statutes, is amended to read:
 1443         526.311 Enforcement; civil penalties; injunctive relief.—
 1444         (2) The Department of Agriculture and Consumer Services
 1445  shall investigate any complaints regarding violations of this
 1446  act and may request in writing the production of documents and
 1447  records as part of its investigation of a complaint. If the
 1448  person upon whom such request was made fails to produce the
 1449  documents or records within 30 days after the date of the
 1450  request, the department, through the department’s office of
 1451  general counsel, may issue and serve a subpoena to compel the
 1452  production of such documents and records. If any person shall
 1453  refuse to comply with a subpoena issued under this section, the
 1454  department may petition a court of competent jurisdiction to
 1455  enforce the subpoena and assess such sanctions as the court may
 1456  direct. Refiners shall afford the department reasonable access
 1457  to the refiners’ posted terminal price. Any records, documents,
 1458  papers, maps, books, tapes, photographs, files, sound
 1459  recordings, or other business material, regardless of form or
 1460  characteristics, obtained by the department are confidential and
 1461  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 1462  of the State Constitution while the investigation is pending. At
 1463  the conclusion of an investigation, any matter determined by the
 1464  department or by a judicial or administrative body, federal or
 1465  state, to be a trade secret or proprietary confidential business
 1466  information held by the department pursuant to such
 1467  investigation shall be considered confidential and exempt from
 1468  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1469  Constitution. Such materials may be used in any administrative
 1470  or judicial proceeding so long as the confidential or
 1471  proprietary nature of the material is maintained.
 1472         Section 48. Paragraph (e) of subsection (1) of section
 1473  548.062, Florida Statutes, is amended to read:
 1474         548.062 Public records exemption.—
 1475         (1) As used in this section, the term “proprietary
 1476  confidential business information” means information that:
 1477         (e) Concerns any of the following:
 1478         1. The number of ticket sales for a match;
 1479         2. The amount of gross receipts after a match;
 1480         3. A trade secret, as defined in s. 688.002;
 1481         3.4. Business plans;
 1482         4.5. Internal auditing controls and reports of internal
 1483  auditors; or
 1484         5.6. Reports of external auditors.
 1485         Section 49. Paragraph (a) of subsection (1) of section
 1486  556.113, Florida Statutes, is amended to read:
 1487         556.113 Sunshine State One-Call of Florida, Inc.; public
 1488  records exemption.—
 1489         (1) As used in this section, the term “proprietary
 1490  confidential business information” means information provided
 1491  by:
 1492         (a) A member operator which is a map, plan, facility
 1493  location diagram, internal damage investigation report or
 1494  analysis, or dispatch methodology, or trade secret as defined in
 1495  s. 688.002, or which describes the exact location of a utility
 1496  underground facility or the protection, repair, or restoration
 1497  thereof, and:
 1498         1. Is intended to be and is treated by the member operator
 1499  as confidential;
 1500         2. The disclosure of which would likely be used by a
 1501  competitor to harm the business interests of the member operator
 1502  or could be used for the purpose of inflicting damage on
 1503  underground facilities; and
 1504         3. Is not otherwise readily ascertainable or publicly
 1505  available by proper means by other persons from another source
 1506  in the same configuration as provided to Sunshine State One-Call
 1507  of Florida, Inc.
 1508         Section 50. Paragraph (b) of subsection (2) of section
 1509  559.5558, Florida Statutes, is amended to read:
 1510         559.5558 Public records exemption; investigations and
 1511  examinations.—
 1512         (2)
 1513         (b) Information made confidential and exempt pursuant to
 1514  this section is no longer confidential and exempt once the
 1515  investigation or examination is completed or ceases to be active
 1516  unless disclosure of the information would:
 1517         1. Jeopardize the integrity of another active investigation
 1518  or examination.
 1519         2. Reveal the personal identifying information of a
 1520  consumer, unless the consumer is also the complainant. A
 1521  complainant’s personal identifying information is subject to
 1522  disclosure after the investigation or examination is completed
 1523  or ceases to be active. However, a complainant’s personal
 1524  financial and health information remains confidential and
 1525  exempt.
 1526         3. Reveal the identity of a confidential source.
 1527         4. Reveal investigative or examination techniques or
 1528  procedures.
 1529         5. Reveal trade secrets, as defined in s. 688.002.
 1530         Section 51. Paragraph (c) of subsection (3) of section
 1531  559.9285, Florida Statutes, is amended to read:
 1532         559.9285 Certification of business activities.—
 1533         (3) The department shall specify by rule the form of each
 1534  certification under this section which shall include the
 1535  following information:
 1536         (c) The legal name, any trade names or fictitious names,
 1537  mailing address, physical address, telephone number or numbers,
 1538  facsimile number or numbers, and all Internet and electronic
 1539  contact information of every other commercial entity with which
 1540  the certifying party engages in business or commerce that is
 1541  related in any way to the certifying party’s business or
 1542  commerce with any terrorist state. The information disclosed
 1543  pursuant to this paragraph does not constitute customer lists
 1544  or, customer names, or trade secrets protected under s.
 1545  570.544(8) or trade secrets protected under s. 688.01.
 1546         Section 52. Subsection (2) of section 560.129, Florida
 1547  Statutes, is amended to read:
 1548         560.129 Confidentiality.—
 1549         (2) All information obtained by the office in the course of
 1550  its investigation or examination which is a trade secret, as
 1551  defined in s. 688.002, or which is personal financial
 1552  information shall remain confidential and exempt from s.
 1553  119.07(1) and s. 24(a), Art. I of the State Constitution. If any
 1554  administrative, civil, or criminal proceeding against a money
 1555  services business, its authorized vendor, or an affiliated party
 1556  is initiated and the office seeks to use matter that a licensee
 1557  believes to be a trade secret or personal financial information,
 1558  such records shall be subject to an in camera review by the
 1559  administrative law judge, if the matter is before the Division
 1560  of Administrative Hearings, or a judge of any court of this
 1561  state, any other state, or the United States, as appropriate,
 1562  for the purpose of determining if the matter is a trade secret
 1563  or is personal financial information. If it is determined that
 1564  the matter is a trade secret, the matter shall remain
 1565  confidential. If it is determined that the matter is personal
 1566  financial information, the matter shall remain confidential
 1567  unless the administrative law judge or judge determines that, in
 1568  the interests of justice, the matter should become public.
 1569         Section 53. Subsection (3) of section 570.48, Florida
 1570  Statutes, is amended to read:
 1571         570.48 Division of Fruit and Vegetables; powers and duties;
 1572  records.—The duties of the Division of Fruit and Vegetables
 1573  include, but are not limited to:
 1574         (3) Maintaining the records of the division. The records of
 1575  the division are public records.; however, trade secrets as
 1576  defined in s. 812.081 are confidential and exempt from s.
 1577  119.07(1) and s. 24(a), Art. I of the State Constitution. This
 1578  subsection is subject to the Open Government Sunset Review Act
 1579  in accordance with s. 119.15 and shall stand repealed on October
 1580  2, 2021, unless reviewed and saved from repeal through
 1581  reenactment by the Legislature. This Section 688.01 may not be
 1582  construed to prohibit:
 1583         (a) A disclosure necessary to enforcement procedures.
 1584         (b) The department from releasing information to other
 1585  governmental agencies. Other governmental agencies that receive
 1586  confidential information from the department under this
 1587  subsection shall maintain the confidentiality of that
 1588  information.
 1589         (c) the department or other agencies from compiling and
 1590  publishing appropriate data regarding procedures, yield,
 1591  recovery, quality, and related matters, provided such released
 1592  data do not reveal by whom the activity to which the data relate
 1593  was conducted.
 1594         Section 54. Subsection (8) of section 570.544, Florida
 1595  Statutes, is amended to read:
 1596         570.544 Division of Consumer Services; director; powers;
 1597  processing of complaints; records.—
 1598         (8) The records of the Division of Consumer Services are
 1599  public records. However, customer lists and, customer names, and
 1600  trade secrets are confidential and exempt from the provisions of
 1601  s. 119.07(1). Disclosure necessary to enforcement procedures
 1602  does not violate this prohibition.
 1603         Section 55. Subsection (2) of section 573.123, Florida
 1604  Statutes, is amended to read:
 1605         573.123 Maintenance and production of records.—
 1606         (2) Information that, if disclosed, would reveal a trade
 1607  secret, as defined in s. 812.081, of any person subject to a
 1608  marketing order is confidential and exempt from s. 119.07(1) and
 1609  s. 24(a), Art. I of the State Constitution and may not be
 1610  disclosed except to an attorney who provides legal advice to the
 1611  division about enforcing a marketing order or by court order. A
 1612  person who receives confidential information under this
 1613  subsection shall maintain the confidentiality of that
 1614  information. This subsection is subject to the Open Government
 1615  Sunset Review Act in accordance with s. 119.15 and shall stand
 1616  repealed on October 2, 2021, unless reviewed and saved from
 1617  repeal through reenactment by the Legislature.
 1618         Section 56. Section 581.199, Florida Statutes, is repealed.
 1619         Section 57. Paragraph (b) of subsection (8) of section
 1620  601.10, Florida Statutes, is amended to read:
 1621         601.10 Powers of the Department of Citrus.—The department
 1622  shall have and shall exercise such general and specific powers
 1623  as are delegated to it by this chapter and other statutes of the
 1624  state, which powers shall include, but are not limited to, the
 1625  following:
 1626         (8)
 1627         (b) Any information provided to the department which
 1628  constitutes a trade secret as defined in s. 812.081 is
 1629  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1630  of the State Constitution. This paragraph is subject to the Open
 1631  Government Sunset Review Act in accordance with s. 119.15 and
 1632  shall stand repealed on October 2, 2021, unless reviewed and
 1633  saved from repeal through reenactment by the Legislature.
 1634         Section 58. Paragraph (d) of subsection (7) of section
 1635  601.15, Florida Statutes, is amended to read:
 1636         601.15 Advertising campaign; methods of conducting;
 1637  assessments; emergency reserve fund; citrus research.—
 1638         (7) All assessments levied and collected under this chapter
 1639  shall be paid into the State Treasury on or before the 15th day
 1640  of each month. Such moneys shall be accounted for in a special
 1641  fund to be designated as the Florida Citrus Advertising Trust
 1642  Fund, and all moneys in such fund are appropriated to the
 1643  department for the following purposes:
 1644         (d)1. The pro rata portion of moneys allocated to each type
 1645  of citrus product in noncommodity programs shall be used by the
 1646  department to encourage substantial increases in the
 1647  effectiveness, frequency, and volume of noncommodity
 1648  advertising, merchandising, publicity, and sales promotion of
 1649  such citrus products through rebates and incentive payments to
 1650  handlers and trade customers for these activities. The
 1651  department shall adopt rules providing for the use of such
 1652  moneys. The rules shall establish alternate incentive programs,
 1653  including at least one incentive program for product sold under
 1654  advertised brands, one incentive program for product sold under
 1655  private label brands, and one incentive program for product sold
 1656  in bulk. For each incentive program, the rules must establish
 1657  eligibility and performance requirements and must provide
 1658  appropriate limitations on amounts payable to a handler or trade
 1659  customer for a particular season. Such limitations may relate to
 1660  the amount of citrus assessments levied and collected on the
 1661  citrus product handled by such handler or trade customer during
 1662  a 12-month representative period.
 1663         2. The department may require from participants in
 1664  noncommodity advertising and promotional programs commercial
 1665  information necessary to determine eligibility for and
 1666  performance in such programs. Any information required which
 1667  constitutes a trade secret as defined in s. 812.081 is
 1668  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 1669  of the State Constitution. This subparagraph is subject to the
 1670  Open Government Sunset Review Act in accordance with s. 119.15
 1671  and shall stand repealed on October 2, 2021, unless reviewed and
 1672  saved from repeal through reenactment by the Legislature.
 1673         Section 59. Paragraph (c) of subsection (8) of section
 1674  601.152, Florida Statutes, is amended to read:
 1675         601.152 Special marketing orders.—
 1676         (8)
 1677         (c)1. Every handler shall, at such times as the department
 1678  may require, file with the department a return, not under oath,
 1679  on forms to be prescribed and furnished by the department,
 1680  certified as true and correct, stating the quantity of the type,
 1681  variety, and form of citrus fruit or citrus product specified in
 1682  the marketing order first handled in the primary channels of
 1683  trade in the state by such handler during the period of time
 1684  specified in the marketing order. Such returns must contain any
 1685  further information deemed by the department to be reasonably
 1686  necessary to properly administer or enforce this section or any
 1687  marketing order implemented under this section.
 1688         2. Information that, if disclosed, would reveal a trade
 1689  secret, as defined in s. 812.081, of any person subject to a
 1690  marketing order is confidential and exempt from s. 119.07(1) and
 1691  s. 24(a), Art. I of the State Constitution. This subparagraph is
 1692  subject to the Open Government Sunset Review Act in accordance
 1693  with s. 119.15 and shall stand repealed on October 2, 2021,
 1694  unless reviewed and saved from repeal through reenactment by the
 1695  Legislature.
 1696         Section 60. Section 601.76, Florida Statutes, is amended to
 1697  read:
 1698         601.76 Manufacturer to furnish formula and other
 1699  information.—Any formula required to be filed with the
 1700  Department of Agriculture shall be deemed a trade secret as
 1701  defined in s. 812.081, is confidential and exempt from s.
 1702  119.07(1) and s. 24(a), Art. I of the State Constitution, and
 1703  may be divulged only to the Department of Agriculture or to its
 1704  duly authorized representatives or upon court order when
 1705  necessary in the enforcement of this law. A person who receives
 1706  such a formula from the Department of Agriculture under this
 1707  section shall maintain the confidentiality of the formula. This
 1708  section is subject to the Open Government Sunset Review Act in
 1709  accordance with s. 119.15 and shall stand repealed on October 2,
 1710  2021, unless reviewed and saved from repeal through reenactment
 1711  by the Legislature.
 1712         Section 61. Subsection (6) of section 607.0505, Florida
 1713  Statutes, is amended to read:
 1714         607.0505 Registered agent; duties.—
 1715         (6) Information provided to, and records and transcriptions
 1716  of testimony obtained by, the Department of Legal Affairs
 1717  pursuant to this section are confidential and exempt from the
 1718  provisions of s. 119.07(1) while the investigation is active.
 1719  For purposes of this section, an investigation shall be
 1720  considered “active” while such investigation is being conducted
 1721  with a reasonable, good faith belief that it may lead to the
 1722  filing of an administrative, civil, or criminal proceeding. An
 1723  investigation does not cease to be active so long as the
 1724  Department of Legal Affairs is proceeding with reasonable
 1725  dispatch and there is a good faith belief that action may be
 1726  initiated by the Department of Legal Affairs or other
 1727  administrative or law enforcement agency. Except for active
 1728  criminal intelligence or criminal investigative information, as
 1729  defined in s. 119.011, and information which, if disclosed,
 1730  would reveal a trade secret, as defined in s. 688.002, or would
 1731  jeopardize the safety of an individual, all information,
 1732  records, and transcriptions become public record when the
 1733  investigation is completed or ceases to be active. The
 1734  Department of Legal Affairs shall not disclose confidential
 1735  information, records, or transcriptions of testimony except
 1736  pursuant to the authorization by the Attorney General in any of
 1737  the following circumstances:
 1738         (a) To a law enforcement agency participating in or
 1739  conducting a civil investigation under chapter 895, or
 1740  participating in or conducting a criminal investigation.
 1741         (b) In the course of filing, participating in, or
 1742  conducting a judicial proceeding instituted pursuant to this
 1743  section or chapter 895.
 1744         (c) In the course of filing, participating in, or
 1745  conducting a judicial proceeding to enforce an order or judgment
 1746  entered pursuant to this section or chapter 895.
 1747         (d) In the course of a criminal or civil proceeding.
 1748  
 1749  A person or law enforcement agency which receives any
 1750  information, record, or transcription of testimony that has been
 1751  made confidential by this subsection shall maintain the
 1752  confidentiality of such material and shall not disclose such
 1753  information, record, or transcription of testimony except as
 1754  provided for herein. Any person who willfully discloses any
 1755  information, record, or transcription of testimony that has been
 1756  made confidential by this subsection, except as provided for
 1757  herein, is guilty of a misdemeanor of the first degree,
 1758  punishable as provided in s. 775.082 or s. 775.083. If any
 1759  information, record, or testimony obtained pursuant to
 1760  subsection (2) is offered in evidence in any judicial
 1761  proceeding, the court may, in its discretion, seal that portion
 1762  of the record to further the policies of confidentiality set
 1763  forth herein.
 1764         Section 62. Subsection (6) of section 617.0503, Florida
 1765  Statutes, is amended to read:
 1766         617.0503 Registered agent; duties; confidentiality of
 1767  investigation records.—
 1768         (6) Information provided to, and records and transcriptions
 1769  of testimony obtained by, the Department of Legal Affairs
 1770  pursuant to this section are confidential and exempt from the
 1771  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 1772  Constitution while the investigation is active. For purposes of
 1773  this section, an investigation shall be considered “active”
 1774  while such investigation is being conducted with a reasonable,
 1775  good faith belief that it may lead to the filing of an
 1776  administrative, civil, or criminal proceeding. An investigation
 1777  does not cease to be active so long as the department is
 1778  proceeding with reasonable dispatch and there is a good faith
 1779  belief that action may be initiated by the department or other
 1780  administrative or law enforcement agency. Except for active
 1781  criminal intelligence or criminal investigative information, as
 1782  defined in s. 119.011, and information which, if disclosed,
 1783  would reveal a trade secret, as defined in s. 688.002, or would
 1784  jeopardize the safety of an individual, all information,
 1785  records, and transcriptions become available to the public when
 1786  the investigation is completed or ceases to be active. The
 1787  department shall not disclose confidential information, records,
 1788  or transcriptions of testimony except pursuant to authorization
 1789  by the Attorney General in any of the following circumstances:
 1790         (a) To a law enforcement agency participating in or
 1791  conducting a civil investigation under chapter 895, or
 1792  participating in or conducting a criminal investigation.
 1793         (b) In the course of filing, participating in, or
 1794  conducting a judicial proceeding instituted pursuant to this
 1795  section or chapter 895.
 1796         (c) In the course of filing, participating in, or
 1797  conducting a judicial proceeding to enforce an order or judgment
 1798  entered pursuant to this section or chapter 895.
 1799         (d) In the course of a criminal proceeding.
 1800  
 1801  A person or law enforcement agency that receives any
 1802  information, record, or transcription of testimony that has been
 1803  made confidential by this subsection shall maintain the
 1804  confidentiality of such material and shall not disclose such
 1805  information, record, or transcription of testimony except as
 1806  provided for herein. Any person who willfully discloses any
 1807  information, record, or transcription of testimony that has been
 1808  made confidential by this subsection, except as provided for in
 1809  this subsection, commits a misdemeanor of the first degree,
 1810  punishable as provided in s. 775.082 or s. 775.083. If any
 1811  information, record, or testimony obtained pursuant to
 1812  subsection (2) is offered in evidence in any judicial
 1813  proceeding, the court may, in its discretion, seal that portion
 1814  of the record to further the policies of confidentiality set
 1815  forth in this subsection.
 1816         Section 63. Subsection (4) of section 624.307, Florida
 1817  Statutes, is amended to read:
 1818         624.307 General powers; duties.—
 1819         (4) The department and office may each collect, propose,
 1820  publish, and disseminate information relating to the subject
 1821  matter of any duties imposed upon it by law. Notwithstanding any
 1822  other provision of law, information reported to and collected by
 1823  the office may be made available on an aggregate basis. The
 1824  office may report, publish, or otherwise make available such
 1825  information from all insurers on an aggregate basis by line of
 1826  business and by county, even if marked trade secret pursuant to
 1827  s. 688.01, but shall otherwise maintain trade secret
 1828  confidentiality in accordance with s. 688.01.
 1829         Section 64. Subsection (4) is added to section 624.315,
 1830  Florida Statutes, and subsection (2) of that section is
 1831  republished, to read:
 1832         624.315 Department; annual report.—
 1833         (2) The office shall maintain the following information and
 1834  make such information available upon request:
 1835         (a) Calendar year profitability, including investment
 1836  income from policyholders’ unearned premium and loss reserves
 1837  (Florida and countrywide).
 1838         (b) Aggregate Florida loss reserves.
 1839         (c) Premiums written (Florida and countrywide).
 1840         (d) Premiums earned (Florida and countrywide).
 1841         (e) Incurred losses (Florida and countrywide).
 1842         (f) Paid losses (Florida and countrywide).
 1843         (g) Allocated Florida loss adjustment expenses.
 1844         (h) Renewal ratio (countrywide).
 1845         (i) Variation of premiums charged by the industry as
 1846  compared to rates promulgated by the Insurance Services Office
 1847  (Florida and countrywide).
 1848         (j) An analysis of policy size limits (Florida and
 1849  countrywide).
 1850         (k) Insureds’ selection of claims-made versus occurrence
 1851  coverage (Florida and countrywide).
 1852         (l) A subreport on the involuntary market in Florida
 1853  encompassing such joint underwriting plans and assigned risk
 1854  plans operating in the state.
 1855         (m) A subreport providing information relevant to emerging
 1856  markets and alternate marketing mechanisms, such as self-insured
 1857  trusts, risk retention groups, purchasing groups, and the
 1858  excess-surplus lines market.
 1859         (n) Trends; emerging trends as exemplified by the
 1860  percentage change in frequency and severity of both paid and
 1861  incurred claims, and pure premium (Florida and countrywide).
 1862         (o) Fast track loss ratios as defined and assimilated by
 1863  the Insurance Services Office (Florida and countrywide).
 1864         (4) Notwithstanding any other provision of law, the office
 1865  may make the information in subsection (2) available on an
 1866  aggregate basis. The office may include such statistical
 1867  information from all insurers on an aggregate basis by line of
 1868  business and by county, even if marked trade secret pursuant to
 1869  s. 688.01, but shall otherwise maintain trade secret
 1870  confidentiality in accordance with s. 688.01.
 1871         Section 65. Paragraph (c) of subsection (1) and subsection
 1872  (5) of section 624.4212, Florida Statutes, are amended to read:
 1873         624.4212 Confidentiality of proprietary business and other
 1874  information.—
 1875         (1) As used in this section, the term “proprietary business
 1876  information” means information, regardless of form or
 1877  characteristics, which is owned or controlled by an insurer, or
 1878  a person or an affiliated person who seeks acquisition of
 1879  controlling stock in a domestic stock insurer or controlling
 1880  company, and which:
 1881         (c) Includes:
 1882         1. Trade secrets as defined in s. 688.002 which comply with
 1883  s. 624.4213.
 1884         1.2. Information relating to competitive interests, the
 1885  disclosure of which would impair the competitive business of the
 1886  provider of the information.
 1887         2.3. The source, nature, and amount of the consideration
 1888  used or to be used in carrying out a merger or other acquisition
 1889  of control in the ordinary course of business, including the
 1890  identity of the lender, if the person filing a statement
 1891  regarding consideration so requests.
 1892         3.4. Information relating to bids or other contractual
 1893  data, the disclosure of which would impair the efforts of the
 1894  insurer or its affiliates to contract for goods or services on
 1895  favorable terms.
 1896         4.5. Internal auditing controls and reports of internal
 1897  auditors.
 1898         (5) The office may disclose information made confidential
 1899  and exempt under this section or s. 688.01:
 1900         (a) If the insurer to which it pertains gives prior written
 1901  consent;
 1902         (b) Pursuant to a court order;
 1903         (c) To the Actuarial Board for Counseling and Discipline
 1904  upon a request stating that the information is for the purpose
 1905  of professional disciplinary proceedings and specifying
 1906  procedures satisfactory to the office for preserving the
 1907  confidentiality of the information;
 1908         (d) To other states, federal and international agencies,
 1909  the National Association of Insurance Commissioners and its
 1910  affiliates and subsidiaries, and state, federal, and
 1911  international law enforcement authorities, including members of
 1912  a supervisory college described in s. 628.805 if the recipient
 1913  agrees in writing to maintain the confidential and exempt status
 1914  of the document, material, or other information and has
 1915  certified in writing its legal authority to maintain such
 1916  confidentiality; or
 1917         (e) For the purpose of aggregating information on an
 1918  industrywide basis and disclosing the information to the public
 1919  only if the specific identities of the insurers, or persons or
 1920  affiliated persons, are not revealed.
 1921         Section 66. Section 624.4213, Florida Statutes, is
 1922  repealed.
 1923         Section 67. Paragraph (d) of subsection (1) of section
 1924  626.84195, Florida Statutes, is amended to read:
 1925         626.84195 Confidentiality of information supplied by title
 1926  insurance agencies and insurers.—
 1927         (1) As used in this section, the term “proprietary business
 1928  information” means information that:
 1929         (d) Concerns:
 1930         1. Business plans;
 1931         2. Internal auditing controls and reports of internal
 1932  auditors;
 1933         3. Reports of external auditors for privately held
 1934  companies;
 1935         4. Trade secrets, as defined in s. 688.002; or
 1936         4.5. Financial information, including revenue data, loss
 1937  expense data, gross receipts, taxes paid, capital investment,
 1938  and employee wages.
 1939         Section 68. Subsection (2) of section 626.884, Florida
 1940  Statutes, is amended to read:
 1941         626.884 Maintenance of records by administrator; access;
 1942  confidentiality.—
 1943         (2) The office shall have access to books and records
 1944  maintained by the administrator for the purpose of examination,
 1945  audit, and inspection. Information contained in such books and
 1946  records is confidential and exempt from the provisions of s.
 1947  119.07(1) if the disclosure of such information would reveal a
 1948  trade secret as defined in s. 688.002. However, The office may
 1949  use the such information contained in such books and records in
 1950  any proceeding instituted against the administrator.
 1951         Section 69. Subsection (1) of section 626.9936, Florida
 1952  Statutes, is amended to read:
 1953         626.9936 Access to records.—
 1954         (1) Notwithstanding subsections (1) and (2) of Article
 1955  VIII, subsection (2) of Article X, and subsection (6) of Article
 1956  XII of the Interstate Insurance Product Regulation Compact, a
 1957  request by a resident of this state for public inspection and
 1958  copying of information, data, or official records that includes:
 1959         (a) An insurer’s trade secrets shall be referred to the
 1960  commissioner who shall respond to the request, with the
 1961  cooperation and assistance of the commission, in accordance with
 1962  s. 688.01 s. 624.4213; or
 1963         (b) Matters of privacy of individuals shall be referred to
 1964  the commissioner who shall respond to the request, with the
 1965  cooperation and assistance of the commission, in accordance with
 1966  s. 119.07(1).
 1967         Section 70. Paragraph (g) of subsection (3) of section
 1968  627.0628, Florida Statutes, is amended to read:
 1969         627.0628 Florida Commission on Hurricane Loss Projection
 1970  Methodology; public records exemption; public meetings
 1971  exemption.—
 1972         (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
 1973         (g)1. A trade secret, as defined in s. 688.002, which is
 1974  used in designing and constructing a hurricane or flood loss
 1975  model and which is provided pursuant to this section, by a
 1976  private company, to the commission, office, or consumer advocate
 1977  appointed pursuant to s. 627.0613 is confidential and exempt
 1978  from s. 119.07(1) and s. 24(a), Art. I of the State
 1979  Constitution.
 1980         1.2.a. That portion of a meeting of the commission or of a
 1981  rate proceeding on an insurer’s rate filing at which a trade
 1982  secret made confidential and exempt pursuant to s. 688.01 by
 1983  this paragraph is discussed is exempt from s. 286.011 and s.
 1984  24(b), Art. I of the State Constitution. The closed meeting must
 1985  be recorded, and no portion of the closed meeting may be off the
 1986  record.
 1987         2.b. The recording of a closed portion of a meeting is
 1988  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 1989  Constitution.
 1990         Section 71. Paragraph (a) of subsection (11) of section
 1991  627.3518, Florida Statutes, is amended to read:
 1992         627.3518 Citizens Property Insurance Corporation
 1993  policyholder eligibility clearinghouse program.—The purpose of
 1994  this section is to provide a framework for the corporation to
 1995  implement a clearinghouse program by January 1, 2014.
 1996         (11) Proprietary business information provided to the
 1997  corporation’s clearinghouse by insurers with respect to
 1998  identifying and selecting risks for an offer of coverage is
 1999  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 2000  of the State Constitution.
 2001         (a) As used in this subsection, the term “proprietary
 2002  business information” means information, regardless of form or
 2003  characteristics, which is owned or controlled by an insurer and:
 2004         1. Is identified by the insurer as proprietary business
 2005  information and is intended to be and is treated by the insurer
 2006  as private in that the disclosure of the information would cause
 2007  harm to the insurer, an individual, or the company’s business
 2008  operations and has not been disclosed unless disclosed pursuant
 2009  to a statutory requirement, an order of a court or
 2010  administrative body, or a private agreement that provides that
 2011  the information will not be released to the public;
 2012         2. Is not otherwise readily ascertainable or publicly
 2013  available by proper means by other persons from another source
 2014  in the same configuration as provided to the clearinghouse; and
 2015         3. Includes:
 2016         a. Trade secrets, as defined in s. 688.002.
 2017         b. information relating to competitive interests, the
 2018  disclosure of which would impair the competitive business of the
 2019  provider of the information.
 2020  
 2021  Proprietary business information may be found in underwriting
 2022  criteria or instructions which are used to identify and select
 2023  risks through the program for an offer of coverage and are
 2024  shared with the clearinghouse to facilitate the shopping of
 2025  risks with the insurer.
 2026         Section 72. Subsections (4), (5), and (14) of section
 2027  655.057, Florida Statutes, are amended to read:
 2028         655.057 Records; limited restrictions upon public access.—
 2029         (4) Except as otherwise provided in this section and except
 2030  for those portions that are otherwise public record, trade
 2031  secrets as defined in s. 688.002 which comply with s. 655.0591
 2032  and which are held by the office in accordance with its
 2033  statutory duties with respect to the financial institutions
 2034  codes are confidential and exempt from s. 119.07(1) and s.
 2035  24(a), Art. I of the State Constitution.
 2036         (4)(5) This section and s. 688.01 do not does not prevent
 2037  or restrict:
 2038         (a) Publishing reports that are required to be submitted to
 2039  the office pursuant to s. 655.045(2) or required by applicable
 2040  federal statutes or regulations to be published.
 2041         (b) Furnishing records or information to any other state,
 2042  federal, or foreign agency responsible for the regulation or
 2043  supervision of financial institutions.
 2044         (c) Disclosing or publishing summaries of the condition of
 2045  financial institutions and general economic and similar
 2046  statistics and data, provided that the identity of a particular
 2047  financial institution is not disclosed.
 2048         (d) Reporting any suspected criminal activity, with
 2049  supporting documents and information, to appropriate law
 2050  enforcement and prosecutorial agencies.
 2051         (e) Furnishing information upon request to the Chief
 2052  Financial Officer or the Division of Treasury of the Department
 2053  of Financial Services regarding the financial condition of any
 2054  financial institution that is, or has applied to be, designated
 2055  as a qualified public depository pursuant to chapter 280.
 2056         (f) Furnishing information to Federal Home Loan Banks
 2057  regarding its member institutions pursuant to an information
 2058  sharing agreement between the Federal Home Loan Banks and the
 2059  office.
 2060  
 2061  Any confidential information or records obtained from the office
 2062  pursuant to this subsection shall be maintained as confidential
 2063  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 2064  Constitution.
 2065         (13)(14) This section is Subsections (1), (2), (5), and (9)
 2066  are subject to the Open Government Sunset Review Act in
 2067  accordance with s. 119.15 and is are repealed on October 2,
 2068  2022, unless reviewed and saved from repeal through reenactment
 2069  by the Legislature.
 2070         Section 73. Section 655.0591, Florida Statutes, is
 2071  repealed.
 2072         Section 74. Subsection (11) of section 663.533, Florida
 2073  Statutes, is amended to read:
 2074         663.533 Applicability of the financial institutions codes.
 2075  A qualified limited service affiliate is subject to the
 2076  financial institutions codes. Without limiting the foregoing,
 2077  the following provisions are applicable to a qualified limited
 2078  service affiliate:
 2079         (11) Section 688.01 655.0591, relating to trade secret
 2080  documents.
 2081  
 2082  This section does not prohibit the office from investigating or
 2083  examining an entity to ensure that it is not in violation of
 2084  this chapter or applicable provisions of the financial
 2085  institutions codes.
 2086         Section 75. Section 721.071, Florida Statutes, is repealed.
 2087         Section 76. Section 815.04, Florida Statutes, is amended to
 2088  read:
 2089         815.04 Offenses against intellectual property; public
 2090  records exemption.—
 2091         (1) A person who willfully, knowingly, and without
 2092  authorization introduces a computer contaminant or modifies or
 2093  renders unavailable data, programs, or supporting documentation
 2094  residing or existing internal or external to a computer,
 2095  computer system, computer network, or electronic device commits
 2096  an offense against intellectual property.
 2097         (2) A person who willfully, knowingly, and without
 2098  authorization destroys data, programs, or supporting
 2099  documentation residing or existing internal or external to a
 2100  computer, computer system, computer network, or electronic
 2101  device commits an offense against intellectual property.
 2102         (3) Data, programs, or supporting documentation that is a
 2103  trade secret as defined in s. 812.081, that is held by an agency
 2104  as defined in chapter 119, and that resides or exists internal
 2105  or external to a computer, computer system, computer network, or
 2106  electronic device is confidential and exempt from the provisions
 2107  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 2108  This subsection is subject to the Open Government Sunset Review
 2109  Act in accordance with s. 119.15 and shall stand repealed on
 2110  October 2, 2021, unless reviewed and saved from repeal through
 2111  reenactment by the Legislature.
 2112         (3)(4) A person who willfully, knowingly, and without
 2113  authorization discloses or takes data, programs, or supporting
 2114  documentation that is a trade secret as defined in s. 812.081 or
 2115  is confidential as provided by law residing or existing internal
 2116  or external to a computer, computer system, computer network, or
 2117  electronic device commits an offense against intellectual
 2118  property.
 2119         (4)(5)(a) Except as otherwise provided in this subsection,
 2120  an offense against intellectual property is a felony of the
 2121  third degree, punishable as provided in s. 775.082, s. 775.083,
 2122  or s. 775.084.
 2123         (b) If the offense is committed for the purpose of devising
 2124  or executing any scheme or artifice to defraud or to obtain any
 2125  property, the person commits a felony of the second degree,
 2126  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 2127         Section 77. Section 815.045, Florida Statutes, is repealed.
 2128         Section 78. Subsection (2) of section 1004.22, Florida
 2129  Statutes, is amended to read:
 2130         1004.22 Divisions of sponsored research at state
 2131  universities.—
 2132         (2) The university shall set such policies to regulate the
 2133  activities of the divisions of sponsored research as it may
 2134  consider necessary to administer the research programs in a
 2135  manner which assures efficiency and effectiveness, producing the
 2136  maximum benefit for the educational programs and maximum service
 2137  to the state. To this end, materials that relate to methods of
 2138  manufacture or production, potential trade secrets, potentially
 2139  patentable material, actual trade secrets, as defined in s.
 2140  688.01, business transactions, or proprietary information
 2141  received, generated, ascertained, or discovered during the
 2142  course of research conducted within the state universities shall
 2143  be confidential and exempt from the provisions of s. 119.07(1),
 2144  except that a division of sponsored research shall make
 2145  available upon request the title and description of a research
 2146  project, the name of the researcher, and the amount and source
 2147  of funding provided for such project.
 2148         Section 79. Paragraph (c) of subsection (2) and subsections
 2149  (3), (4), and (7) of section 1004.30, Florida Statutes, are
 2150  amended 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 80. 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 81. 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 82. 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 83. 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 84. Subsection (11) of section 663.533, Florida
 2329  Statutes, is amended to read:
 2330         663.533 Applicability of the financial institutions codes.
 2331  A qualified limited service affiliate is subject to the
 2332  financial institutions codes. Without limiting the foregoing,
 2333  the following provisions are applicable to a qualified limited
 2334  service affiliate:
 2335         (11) Section 655.0591, relating to trade secret documents.
 2336  
 2337  This section does not prohibit the office from investigating or
 2338  examining an entity to ensure that it is not in violation of
 2339  this chapter or applicable provisions of the financial
 2340  institutions codes.
 2341         Section 85. Paragraph (c) of subsection (12) of section
 2342  721.13, Florida Statutes, is amended to read:
 2343         721.13 Management.—
 2344         (12)
 2345         (c) The managing entity shall maintain copies of all
 2346  records, data, and information supporting the processes,
 2347  analyses, procedures, and methods utilized by the managing
 2348  entity in its determination to reserve accommodations of the
 2349  timeshare plan pursuant to this subsection for a period of 5
 2350  years from the date of such determination. In the event of an
 2351  investigation by the division for failure of a managing entity
 2352  to comply with this subsection, the managing entity shall make
 2353  all such records, data, and information available to the
 2354  division for inspection, provided that if the managing entity
 2355  complies with the provisions of s. 721.071, any such records,
 2356  data, and information provided to the division shall constitute
 2357  a trade secret pursuant to that section.
 2358         Section 86. Paragraphs (a) and (c) of subsection (3) of
 2359  section 921.0022, Florida Statutes, are amended to read:
 2360         921.0022 Criminal Punishment Code; offense severity ranking
 2361  chart.—
 2362         (3) OFFENSE SEVERITY RANKING CHART
 2363         (a) LEVEL 1
 2364  
 2365  FloridaStatute          FelonyDegree          Description          
 2366  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 2367  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 2368  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
 2369  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 2370  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 2371  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 2372  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 2373  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 2374  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 2375  322.212(5)(a)               3rd     False application for driver license or identification card.
 2376  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 2377  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 2378  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
 2379  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 2380  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
 2381  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 2382  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 2383  815.04(4)(a) 815.04(5)(a)    3rd     Offense against intellectual property (i.e., computer programs, data).
 2384  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 2385  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 2386  826.01                      3rd     Bigamy.                        
 2387  828.122(3)                  3rd     Fighting or baiting animals.   
 2388  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 2389  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 2390  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 2391  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.
 2392  838.15(2)                   3rd     Commercial bribe receiving.    
 2393  838.16                      3rd     Commercial bribery.            
 2394  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 2395  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 2396  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.
 2397  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 2398  849.25(2)                   3rd     Engaging in bookmaking.        
 2399  860.08                      3rd     Interfere with a railroad signal.
 2400  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 2401  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 2402  893.13(6)(a)                3rd     Possession of cannabis (more than 20 grams).
 2403  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 2404         (c) LEVEL 3
 2405  
 2406  FloridaStatute           FelonyDegree         Description          
 2407  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 2408  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 2409  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 2410  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 2411  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 2412  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 2413  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 2414  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 2415  327.35(2)(b)                 3rd     Felony BUI.                   
 2416  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 2417  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 2418  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 2419  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.
 2420  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.
 2421  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 2422  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 2423  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 2424  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 2425  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 2426  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 2427  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 2428  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 2429  697.08                       3rd     Equity skimming.              
 2430  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 2431  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 2432  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 2433  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 2434  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 2435  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 2436  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
 2437  815.04(4)(b) 815.04(5)(b)    2nd     Computer offense devised to defraud or obtain property.
 2438  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 2439  817.233                      3rd     Burning to defraud insurer.   
 2440  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 2441  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 2442  817.236                      3rd     Filing a false motor vehicle insurance application.
 2443  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 2444  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
 2445  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
 2446  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 2447  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 2448  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
 2449  860.15(3)                    3rd     Overcharging for repairs and parts.
 2450  870.01(2)                    3rd     Riot; inciting or encouraging.
 2451  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).
 2452  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.
 2453  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.
 2454  893.13(4)(c)                 3rd     Use or hire of minor; deliver to minor other controlled substances.
 2455  893.13(6)(a)                 3rd     Possession of any controlled substance other than felony possession of cannabis.
 2456  893.13(7)(a)8.               3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 2457  893.13(7)(a)9.               3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 2458  893.13(7)(a)10.              3rd     Affix false or forged label to package of controlled substance.
 2459  893.13(7)(a)11.              3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 2460  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.
 2461  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.
 2462  893.13(8)(a)3.               3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 2463  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.
 2464  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 2465  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 2466  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 2467  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 2468         Section 87. For the purpose of incorporating the amendment
 2469  made by this act to section 364.183, Florida Statutes, in a
 2470  reference thereto, subsection (5) of section 408.185, Florida
 2471  Statutes, is reenacted to read:
 2472         408.185 Information submitted for review of antitrust
 2473  issues; confidentiality.—The following information held by the
 2474  Office of the Attorney General, which is submitted by a member
 2475  of the health care community pursuant to a request for an
 2476  antitrust no-action letter shall be confidential and exempt from
 2477  the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 2478  Constitution for 1 year after the date of submission.
 2479         (5) Proprietary confidential business information as
 2480  defined in s. 364.183(3).
 2481         Section 88. For the purpose of incorporating the amendment
 2482  made by this act to section 366.093, Florida Statutes, in a
 2483  reference thereto, subsection (2) of section 425.045, Florida
 2484  Statutes, is reenacted to read:
 2485         425.045 Meetings of trustees; records.—
 2486         (2) Every person who has custody of the records of a
 2487  cooperative organized pursuant to this chapter, or any
 2488  affiliated company or subsidiary thereof, shall permit the
 2489  records to be inspected and examined by any member of such
 2490  cooperative desiring to do so, at any reasonable time, under
 2491  reasonable conditions, and under supervision by the custodian of
 2492  the records or the custodian’s designee. The custodian shall
 2493  furnish a copy of the records upon payment of the actual cost of
 2494  duplication of the records. This section shall not apply to
 2495  records which constitute proprietary confidential business
 2496  information as defined in s. 366.093.
 2497         Section 89. This act shall take effect upon becoming a law
 2498  if SB ___ or similar legislation is adopted in the same
 2499  legislative session or an extension thereof and becomes a law.