Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for HB 1055
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/21/2021           .                                

       The Committee on Rules (Baxley) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 119.0715, Florida Statutes, is created
    6  to read:
    7         119.0715 Trade secrets held by an agency.—
    8         (1) “Trade secret" has the same meaning as in s. 688.002.
    9         (2) PUBLIC RECORD EXEMPTION.—A trade secret held by an
   10  agency is confidential and exempt from s. 119.07(1) and s.
   11  24(a), Art. I of the State Constitution.
   13         (a) If a person who submits records to an agency claims
   14  that such submission contains a trade secret, such person shall
   15  submit to the agency a notice of trade secret at the time he or
   16  she submits such records to the agency. Failure to do so
   17  constitutes a waiver of any claim by such person that the record
   18  contains a trade secret. The notice must provide the name,
   19  telephone number, and mailing address of the person claiming the
   20  record contains a trade secret, and a specific description of
   21  the information contained in the record claimed to be a trade
   22  secret. Such person is responsible for updating his or her
   23  contact information with the agency.
   24         (b) Duty to Mark.
   25         1. Each page of a record or specific portion of a record
   26  that contains a trade secret must be clearly marked with the
   27  words "trade secret."
   28         2. For voluminous records or records in electronic data
   29  format which prohibit or make page by page marking unduly
   30  burdensome, the initial page of such record must be clearly
   31  marked with the words "trade secret."
   32         (c) When submitting a notice of trade secret to the agency,
   33  the submitting party must verify to the agency through a written
   34  declaration in the manner provided in s. 92.525 the following:
   36         [...I have/my company has...] read the definition of a
   37  trade secret in s. 688.002, Florida Statutes, and [...I
   38  believe/my company believes...] the information contained in
   39  this record is a trade secret as defined in s. 688.002, Florida
   40  Statutes.
   41         [...I have/my company has...] taken measures to prevent the
   42  disclosure of the record or specific portion of the record
   43  claimed to be a trade secret to anyone other than those who have
   44  been selected to have access for limited purposes, and [...I
   45  intend/my company intends...] to continue to take such measures.
   46         The record or specific portion of the record claimed to be
   47  a trade secret is not, and has not been, reasonably obtainable
   48  without [...my/our...] consent by other persons by use of
   49  legitimate means.
   50         The record or specific portion of the record claimed to be
   51  a trade secret is not publicly available elsewhere.
   53         (4) AGENCY ACCESS.—An agency may disclose a trade secret,
   54  together with the notice of trade secret, to an officer or
   55  employee of another agency or governmental entity whose use of
   56  the trade secret is within the scope of his or her lawful duties
   57  and responsibilities.
   58         (5) LIABILITY.—An agency employee who, while acting in good
   59  faith and in the performance of his or her duties, releases a
   60  record containing a trade secret pursuant to this act is not
   61  liable, civilly or criminally, for such release.
   62         (6) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   63  to the Open Government Sunset Review Act in accordance with s.
   64  119.15 and shall stand repealed on October 2, 2026, unless
   65  reviewed and saved from repeal through reenactment by the
   66  Legislature.
   67         Section 2. The Legislature finds that it is a public
   68  necessity that trade secrets held by an agency be made
   69  confidential and exempt from s. 119.07(1), Florida Statutes, and
   70  s. 24(a), Article I of the State Constitution. The Legislature
   71  recognizes that an agency may create trade secret information in
   72  furtherance of the agency's duties and responsibilities and that
   73  disclosure of such information would be detrimental to the
   74  effective and efficient operation of the agency. If such trade
   75  secret information were made available to the public, the agency
   76  could suffer great economic harm. In addition, the Legislature
   77  recognizes that in many instances, individuals and businesses
   78  provide trade secret information for regulatory or other
   79  purposes to an agency and that disclosure of such information to
   80  competitors of those businesses would be detrimental to the
   81  businesses. Without the public record exemption, those entities
   82  would hesitate to cooperate with an agency, which would impair
   83  the effective and efficient administration of governmental
   84  functions. As such, the Legislature's intent is to protect trade
   85  secret information of a confidential nature that includes a
   86  formula, pattern, compilation, program, device, method,
   87  technique, or process used that derives independent economic
   88  value, actual or potential, from not being generally known to,
   89  and not being readily ascertainable by proper means by, other
   90  persons who can obtain economic value from its disclosure or
   91  use. Therefore, the Legislature finds that the need to protect
   92  trade secrets is sufficiently compelling to override this
   93  state's public policy of open government and that the protection
   94  of such information cannot be accomplished without this
   95  exemption.
   96         Section 3. This act shall take effect upon becoming a law.
   98  ================= T I T L E  A M E N D M E N T ================
   99  And the title is amended as follows:
  100         Delete everything before the enacting clause
  101  and insert:
  102                        A bill to be entitled                      
  103         An act relating to public records; amending s.
  104         119.011, F.S.; providing a definition for "trade
  105         secret"; creating s. 119.0715, F.S.; providing an
  106         exemption from public records requirements for a trade
  107         secret held by an agency; providing notice
  108         requirements; providing marking requirements;
  109         providing an exception to the marking requirements;
  110         providing an exception to the exemption; providing
  111         that an agency employee is not liable for the release
  112         of certain records; providing for future legislative
  113         review and repeal of the exemption; providing a
  114         statement of public necessity; providing an effective
  115         date.