Florida Senate - 2026 SB 1514
By Senator Burgess
23-00870-26 20261514__
1 A bill to be entitled
2 An act relating to public records and meetings;
3 reviving, reenacting, and amending s. 331.326, F.S.,
4 relating to confidentiality of information relating to
5 trade secrets; providing an exemption from public
6 records requirements for information held by Space
7 Florida which is a trade secret; providing that
8 portions of meetings of Space Florida’s board of
9 directors during which such confidential and exempt
10 information is discussed are closed to the public and
11 exempt from public meetings requirements; providing an
12 exemption from public records requirements for records
13 generated during closed portions of such meetings;
14 providing for legislative review and repeal of the
15 exemptions; providing a statement of public necessity;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Notwithstanding the repeal of section 331.326,
21 Florida Statutes, in section 10 of chapter 2022-5, Laws of
22 Florida, that section is revived, reenacted, and amended to
23 read:
24 331.326 Information relating to trade secrets
25 confidential.—The records of Space Florida regarding matters
26 encompassed by the Space Florida this Act are public records
27 subject to chapter 119. Any information held by Space Florida
28 which is a trade secret, as defined in s. 812.081, including
29 trade secrets of Space Florida, any spaceport user, or the space
30 industry business, is confidential and exempt from s. 119.07(1)
31 and s. 24(a), Art. I of the State Constitution, and may not be
32 disclosed. If Space Florida determines that any information
33 requested by the public will reveal a trade secret, Space
34 Florida must it shall, in writing, inform the person making the
35 request of that determination. The determination is a final
36 order as defined in s. 120.52. Any meeting or portion of a
37 meeting of Space Florida’s board during which the board
38 discusses information that is confidential and exempt from s.
39 119.07(1) and s. 24(a), Art. I of the State Constitution
40 pursuant to this section is closed to the public and exempt from
41 s. 286.011 and s. 24(b), Art. I of the State Constitution when
42 the board is discussing trade secrets. Any public record
43 generated during the closed portions of the meetings, such as
44 minutes, tape recordings, and notes, is confidential and exempt
45 from s. 119.07(1) and s. 24(a), Art. I of the State
46 Constitution. This section is subject to the Open Government
47 Sunset Review Act in accordance with s. 119.15 and shall stand
48 repealed on October 2, 2031 2021, unless reviewed and saved from
49 repeal through reenactment by the Legislature.
50 Section 2. The Legislature finds that it is a public
51 necessity that information held by Space Florida which is a
52 trade secret be made confidential and exempt from s. 119.07(1),
53 Florida Statutes, and s. 24(a), Article I of the State
54 Constitution; that any portion of a meeting of the Space Florida
55 board of directors during which the board discusses information
56 that is confidential and exempt from s. 119.07(1), Florida
57 Statutes, and s. 24(a), Article I of the State Constitution be
58 closed to the public and made exempt from s. 286.011, Florida
59 Statutes, and s. 24(b), Article I of the State Constitution; and
60 that any record generated during the closed portion of such a
61 meeting be made confidential and exempt from s. 119.07(1),
62 Florida Statutes, and s. 24(a), Article I of the State
63 Constitution. In order for the board to effectively and
64 efficiently perform its duties, it may be necessary to discuss
65 trade secrets. If trade secrets are not protected from
66 disclosure, participating spaceport users may hesitate, if not
67 refuse, to continue to do business with Space Florida, to the
68 economic detriment of Space Florida and Florida’s spaceport
69 business development. Accordingly, portions of board meetings
70 during which trade secrets are discussed must be closed. Open
71 board meetings during which trade secrets are discussed subject
72 board members to penalties for violating the confidentiality of
73 trade secrets, and competitors of spaceport users who gain
74 access to such confidential trade secret information would
75 accrue a competitive economic advantage.
76 Section 3. This act shall take effect July 1, 2026.