Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for HB 1055
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/21/2021           .                                
                Floor: 1/AD/2R         .            Floor: C            
             04/28/2021 10:56 AM       .      04/28/2021 08:47 PM       

       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.
   12         (3)AGENCY ACCESS.—An agency may disclose a trade secret to
   13  an officer or employee of another agency or governmental entity
   14  whose use of the trade secret is within the scope of his or her
   15  lawful duties and responsibilities.
   16         (4)LIABILITY.—An agency employee who, while acting in good
   17  faith and in the performance of his or her duties, releases a
   18  record containing a trade secret pursuant to this chapter is not
   19  liable, civilly or criminally, for such release.
   20         (5)OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   21  to the Open Government Sunset Review Act in accordance with s.
   22  119.15 and shall stand repealed on October 2, 2026, unless
   23  reviewed and saved from repeal through reenactment by the
   24  Legislature.
   25         Section 2. The Legislature finds that it is a public
   26  necessity that trade secrets held by an agency be made
   27  confidential and exempt from s. 119.07(1), Florida Statutes, and
   28  s. 24(a), Article I of the State Constitution. The Legislature
   29  recognizes that an agency may create trade secret information in
   30  furtherance of the agency's duties and responsibilities and that
   31  disclosure of such information would be detrimental to the
   32  effective and efficient operation of the agency. If such trade
   33  secret information were made available to the public, the agency
   34  could suffer great economic harm. In addition, the Legislature
   35  recognizes that in many instances, individuals and businesses
   36  provide trade secret information for regulatory or other
   37  purposes to an agency and that disclosure of such information to
   38  competitors of those businesses would be detrimental to the
   39  businesses. Without the public record exemption, those entities
   40  would hesitate to cooperate with an agency, which would impair
   41  the effective and efficient administration of governmental
   42  functions. As such, the Legislature's intent is to protect trade
   43  secret information of a confidential nature that includes a
   44  formula, pattern, compilation, program, device, method,
   45  technique, or process used that derives independent economic
   46  value, actual or potential, from not being generally known to,
   47  and not being readily ascertainable by proper means by, other
   48  persons who can obtain economic value from its disclosure or
   49  use. Therefore, the Legislature finds that the need to protect
   50  trade secrets is sufficiently compelling to override this
   51  state's public policy of open government and that the protection
   52  of such information cannot be accomplished without this
   53  exemption.
   54         Section 3. This act shall take effect upon becoming a law.
   57  ================= T I T L E  A M E N D M E N T ================
   58  And the title is amended as follows:
   59         Delete everything before the enacting clause
   60  and insert:
   61                        A bill to be entitled                      
   62         An act relating to public records; creating s.
   63         119.0715, F.S.; providing an exemption from public
   64         records requirements for a trade secret held by an
   65         agency; providing that an agency employee is not
   66         liable for the release of certain records; providing
   67         for future legislative review and repeal of the
   68         exemption; providing a statement of public necessity;
   69         providing an effective date.