Florida Senate - 2021                                    SB 1446
       By Senator Boyd
       21-01570-21                                           20211446__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s. 688.01,
    3         F.S.; defining terms; providing an exemption from
    4         public records requirements for a trade secret held by
    5         an agency; providing notice requirements; providing an
    6         exception to the exemption; providing that an agency
    7         employee is not liable for the release of certain
    8         records; providing for future legislative review and
    9         repeal of the exemption; amending ss. 688.001 and
   10         688.006, F.S.; conforming cross-references; providing
   11         a statement of public necessity; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 688.01, Florida Statutes, is created to
   17  read:
   18         688.01Trade secret exemption from inspecting or copying
   19  public records.—
   20         (1)DEFINITIONS.—As used in this section, the term:
   21         (a)“Agency” has the same meaning as in s. 119.011.
   22         (b)“Trade secret” has the same meaning as in s. 688.002,
   23  except that the term does not include the following information
   24  related to any contract or agreement, or an addendum thereto,
   25  with an agency:
   26         1.The parties to the contract or agreement, or an addendum
   27  thereto.
   28         2.The amount of money paid, any payment structure or plan,
   29  expenditures, incentives, bonuses, fees, or penalties.
   30         3.The nature or type of commodities or services purchased.
   31         4.Applicable contract unit prices and deliverables.
   32         (2)PUBLIC RECORD EXEMPTION.—A trade secret held by an
   33  agency is confidential and exempt from s. 119.07(1) and s.
   34  24(a), Art. I of the State Constitution.
   36         (a)If a person who submits records to an agency claims
   37  that such submission contains a trade secret, such person shall
   38  submit to the agency a notice of trade secret at the time he or
   39  she submits such records to the agency. Failure to do so
   40  constitutes a waiver of any claim by such person that the record
   41  contains a trade secret. The notice must provide the name,
   42  telephone number, and mailing address of the person claiming the
   43  record contains a trade secret. Such person is responsible for
   44  updating his or her contact information with the agency.
   45         (b)Each page of a record or specific portion of a record
   46  that contains a trade secret must be clearly marked with the
   47  words “trade secret.”
   48         (c)When submitting a notice of trade secret to the agency,
   49  the submitting party must verify to the agency through a written
   50  declaration in the manner provided in s. 92.525 the following:
   52         [...I have/my company has...] read the definition of a
   53  trade secret in s. 688.01, Florida Statutes, and [...I
   54  believe/my company believes...] the information contained in
   55  this record is a trade secret as defined in s. 688.01, Florida
   56  Statutes.
   57         [...I have/my company has...] taken measures to prevent the
   58  disclosure of the record or specific portion of the record
   59  claimed to be a trade secret to anyone other than those who have
   60  been selected to have access for limited purposes, and [...I
   61  intend/my company intends...] to continue to take such measures.
   62         The record or specific portion of the record claimed to be
   63  a trade secret is not, and has not been, reasonably obtainable
   64  without [...my/our...] consent by other persons by use of
   65  legitimate means.
   66         The record or specific portion of the record claimed to be
   67  a trade secret is not publicly available elsewhere.
   69         (4)AGENCY ACCESS.—An agency may disclose a trade secret,
   70  together with the notice of trade secret, to an officer or
   71  employee of another agency or governmental entity whose use of
   72  the trade secret is within the scope of his or her lawful duties
   73  and responsibilities.
   74         (5)LIABILITY.—An agency employee who, while acting in good
   75  faith and in the performance of his or her duties, releases a
   76  record containing a trade secret pursuant to this act is not
   77  liable, civilly or criminally, for such release.
   78         (6)OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   79  to the Open Government Sunset Review Act in accordance with s.
   80  119.15 and shall stand repealed on October 2, 2026, unless
   81  reviewed and saved from repeal through reenactment by the
   82  Legislature.
   83         Section 2. Section 688.001, Florida Statutes, is amended to
   84  read:
   85         688.001 Short title.—Sections 688.001-688.01 Sections
   86  688.001-688.009 may be cited as the “Uniform Trade Secrets Act.”
   87         Section 3. Section 688.006, Florida Statutes, is amended to
   88  read:
   89         688.006 Preservation of secrecy.—In an action under ss.
   90  688.001-688.01 ss. 688.001-688.009, a court shall preserve the
   91  secrecy of an alleged trade secret by reasonable means, which
   92  may include granting protective orders in connection with
   93  discovery proceedings, holding in camera hearings, sealing the
   94  records of the action, and ordering any person involved in the
   95  litigation not to disclose an alleged trade secret without prior
   96  court approval.
   97         Section 4. The Legislature finds that it is a public
   98  necessity that trade secrets held by an agency be made
   99  confidential and exempt from s. 119.07(1), Florida Statutes, and
  100  s. 24(a), Article I of the State Constitution. The Legislature
  101  recognizes that an agency may create trade secret information in
  102  furtherance of the agency’s duties and responsibilities and that
  103  disclosure of such information would be detrimental to the
  104  effective and efficient operation of the agency. If such trade
  105  secret information were made available to the public, the agency
  106  could suffer great economic harm. In addition, the Legislature
  107  recognizes that in many instances, individuals and businesses
  108  provide trade secret information for regulatory or other
  109  purposes to an agency and that disclosure of such information to
  110  competitors of those businesses would be detrimental to the
  111  businesses. Without the public record exemption, those entities
  112  would hesitate to cooperate with an agency, which would impair
  113  the effective and efficient administration of governmental
  114  functions. As such, the Legislature’s intent is to protect trade
  115  secret information of a confidential nature that includes a
  116  formula, pattern, compilation, program, device, method,
  117  technique, or process used that derives independent economic
  118  value, actual or potential, from not being generally known to,
  119  and not being readily ascertainable by proper means by, other
  120  persons who can obtain economic value from its disclosure or
  121  use. Therefore, the Legislature finds that the need to protect
  122  trade secrets is sufficiently compelling to override this
  123  state’s public policy of open government and that the protection
  124  of such information cannot be accomplished without this
  125  exemption.
  126         Section 5. This act shall take effect upon becoming a law.