Florida Senate - 2021                                    SB 7006
       
       
        
       By the Committee on Environment and Natural Resources
       
       
       
       
       
       592-01946-21                                          20217006__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 403.73, F.S., relating
    4         to an exemption from public records requirements for
    5         trade secrets contained in information obtained by the
    6         Department of Environmental Protection; removing the
    7         scheduled repeal of the exemption; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 403.73, Florida Statutes, is amended to
   13  read:
   14         403.73 Trade secrets; confidentiality.—
   15         (1) Records, reports, or information obtained from any
   16  person under this part, unless otherwise provided by law, must
   17  be available to the public, except upon a showing satisfactory
   18  to the department by the person from whom the records, reports,
   19  or information is obtained that such records, reports, or
   20  information, or a particular part thereof, contains trade
   21  secrets as defined in s. 812.081. Such trade secrets are
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution. The person submitting such trade
   24  secret information to the department must request that it be
   25  kept confidential and must inform the department of the basis
   26  for the claim of trade secret. The department shall, subject to
   27  notice and opportunity for hearing, determine whether the
   28  information, or portions thereof, claimed to be a trade secret
   29  is or is not a trade secret. Such trade secrets may be
   30  disclosed, however, to authorized representatives of the
   31  department or, pursuant to request, to other governmental
   32  entities in order for them to properly perform their duties, or
   33  when relevant in any proceeding under this part. Authorized
   34  representatives and other governmental entities receiving such
   35  trade secret information shall retain its confidentiality. Those
   36  involved in any proceeding under this part, including an
   37  administrative law judge, a hearing officer, or a judge or
   38  justice, shall retain the confidentiality of any trade secret
   39  information revealed at such proceeding.
   40         (2) This section is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2021, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. This act shall take effect October 1, 2021.