Bill Text: FL S0956 | 2018 | Regular Session | Introduced
Bill Title: Public Records
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S0956 Detail]
Download: Florida-2018-S0956-Introduced.html
Florida Senate - 2018 SB 956 By Senator Mayfield 17-00951-18 2018956__ 1 A bill to be entitled 2 An act relating to public records; creating s. 3 119.07135, F.S.; providing that certain information 4 related to agency contracts is not confidential or 5 exempt from public records requirements; amending s. 6 24.105, F.S.; deleting provisions relating to 7 exemptions from public records requirements for 8 certain information held by the Department of the 9 Lottery; amending s. 73.0155, F.S.; deleting 10 provisions relating to public records exemptions for 11 trade secrets held by governmental condemning 12 authorities; amending s. 119.071, F.S.; deleting a 13 provision declaring that certain data processing 14 software exempt from public records requirements is 15 considered a trade secret; amending s. 119.0713, F.S.; 16 deleting a provision exempting trade secrets held by 17 local government agencies from public records 18 requirements; amending s. 125.0104, F.S.; deleting a 19 provision exempting trade secrets held by county 20 tourism development agencies from public records 21 requirements; amending s. 163.01, F.S.; deleting a 22 provision exempting trade secrets held by public 23 agencies that are electric utilities from public 24 records requirements; amending s. 202.195, F.S.; 25 deleting a provision exempting trade secrets that are 26 obtained for certain purposes from a 27 telecommunications company or franchised cable company 28 from public records requirements; amending s. 29 215.4401, F.S.; deleting provisions relating to 30 confidentiality of trade secrets held by the State 31 Board of Administration; amending s. 252.88, F.S.; 32 deleting provisions exempting certain information from 33 public records requirements under the Florida 34 Emergency Planning and Community Right-to-Know Act; 35 repealing s. 252.943, F.S., relating to a public 36 records exemption under the Florida Accidental Release 37 Prevention and Risk Management Planning Act; amending 38 s. 287.0943, F.S.; deleting provisions relating to 39 confidentiality of certain information relating to 40 applications for certification of minority business 41 enterprises; amending s. 288.047, F.S.; deleting 42 provisions exempting potential trade secrets held for 43 the Quick-Response Training Program from public 44 records requirements; amending s. 288.075, F.S.; 45 deleting provisions relating to a public records 46 exemption for trade secrets held by economic 47 development agencies; amending s. 288.1226, F.S.; 48 deleting provisions relating to a public records 49 exemption for trade secrets held by the Florida 50 Tourism Industry Marketing Corporation; amending s. 51 288.776, F.S.; deleting provisions relating to a 52 public records exemption for trade secrets held by the 53 Florida Export Finance Corporation; amending s. 54 288.9520, F.S.; deleting provisions relating to a 55 public records exemption for trade secrets and 56 potential trade secrets held by Enterprise Florida, 57 Inc., and related entities; amending s. 288.9607, 58 F.S.; deleting provisions relating to a public records 59 exemption for trade secrets held by the Florida 60 Development Finance Corporation; amending s. 288.9626, 61 F.S.; deleting provisions relating to a public records 62 exemption for trade secrets and potential trade 63 secrets held by the Florida Opportunity Fund; amending 64 s. 288.9627, F.S.; deleting provisions relating to a 65 public records exemption for trade secrets and 66 potential trade secrets held by the Institute for the 67 Commercialization of Public Research; amending s. 68 331.326, F.S.; deleting provisions relating to a 69 public records exemption for trade secrets held by 70 Space Florida; amending s. 334.049, F.S.; deleting 71 provisions relating to a public records exemption for 72 trade secrets held by the Department of State for 73 certain purposes; amending ss. 350.121 and 364.183, 74 F.S.; deleting provisions relating to public records 75 exemptions for trade secrets held by the Florida 76 Public Service Commission; amending s. 365.174, F.S.; 77 deleting provisions relating to public records 78 exemptions for trade secrets held by the E911 Board, 79 the Department of Revenue, and the Technology Program 80 within the Department of Management Services; amending 81 ss. 366.093, 367.156, and 368.108, F.S.; deleting 82 provisions relating to public records exemptions for 83 trade secrets held by the Florida Public Service 84 Commission; amending s. 377.24075, F.S.; deleting 85 provisions relating to a public records exemption for 86 trade secrets held by the Department of Environmental 87 Protection; repealing s. 381.83, F.S., relating to 88 confidentiality of certain information containing 89 trade secrets obtained by the Department of Health; 90 amending s. 395.3035, F.S.; deleting provisions 91 relating to a public records exemption for trade 92 secrets of hospitals; amending s. 403.7046, F.S.; 93 revising provisions relating to an exemption for trade 94 secrets contained in certain reports to the Department 95 of Environmental Protection; repealing s. 403.73, 96 F.S., relating to confidentiality of certain 97 information containing trade secrets obtained by the 98 Department of Environmental Protection; amending s. 99 408.061, F.S.; deleting a requirement that certain 100 trade secret information submitted to the Agency for 101 Health Care Administration be clearly designated as 102 such; amending s. 408.185, F.S.; deleting provisions 103 relating to public records exemptions for certain 104 trade secrets held by the Office of the Attorney 105 General; amending s. 408.910, F.S.; deleting 106 provisions relating to public records exemptions for 107 trade secrets held by the Florida Health Choices 108 Program; amending s. 409.91196, F.S.; deleting 109 provisions relating to public records exemptions for 110 trade secrets held by the Agency for Health Care 111 Administration; amending s. 440.108, F.S.; deleting 112 provisions relating to public records exemptions for 113 trade secrets held by the Department of Financial 114 Services; amending s. 494.00125, F.S.; deleting 115 provisions relating to public records exemptions for 116 trade secrets held by the Office of Financial 117 Regulation; amending s. 497.172, F.S.; deleting 118 provisions relating to public records exemptions for 119 trade secrets held by the Department of Financial 120 Services or the Board of Funeral, Cemetery, and 121 Consumer Services; amending ss. 499.012, 499.0121, 122 499.05, and 499.051, F.S.; deleting provisions 123 relating to public records exemptions for trade 124 secrets held by the Department of Business and 125 Professional Regulation pursuant to the Florida Drug 126 and Cosmetic Act; repealing s. 499.931, F.S., relating 127 to maintenance of information held by the Department 128 of Business and Professional Regulation which is 129 deemed to be a trade secret; amending s. 501.171, 130 F.S.; deleting provisions relating to public records 131 exemptions for trade secrets held by the Department of 132 Legal Affairs; repealing s. 502.222, F.S., relating to 133 trade secrets of a dairy industry business held by the 134 Department of Agriculture and Consumer Services; 135 amending ss. 517.2015 and 520.9965, F.S.; deleting 136 provisions relating to public records exemptions for 137 trade secrets held by the Office of Financial 138 Regulation; amending s. 526.311, F.S.; deleting 139 provisions relating to public records exemptions for 140 trade secrets held by the Department of Agriculture 141 and Consumer Services; amending s. 548.062, F.S.; 142 deleting provisions relating to public records 143 exemptions for trade secrets held by the Florida State 144 Boxing Commission; amending s. 556.113, F.S.; deleting 145 provisions relating to public records exemptions for 146 trade secrets held by Sunshine State One-Call of 147 Florida, Inc.; amending s. 559.5558, F.S.; deleting 148 provisions relating to public records exemptions for 149 trade secrets held by the Office of Financial 150 Regulation; amending s. 559.9285, F.S.; revising 151 provisions specifying that certain information 152 provided to the Department of Agriculture and Consumer 153 Services does not constitute a trade secret; amending 154 s. 560.129, F.S.; deleting provisions relating to 155 public records exemptions for trade secrets held by 156 the Office of Financial Regulation; amending s. 157 569.215, F.S.; deleting provisions relating to public 158 records exemptions for trade secrets held by specified 159 entities relating to a tobacco settlement agreement; 160 amending s. 570.48, F.S.; deleting provisions relating 161 to public records exemptions for trade secrets held by 162 the Division of Fruit and Vegetables; amending ss. 163 570.544 and 573.123, F.S.; deleting provisions 164 relating to public records exemptions for trade 165 secrets held by the Division of Consumer Services; 166 repealing s. 581.199, F.S., relating to a prohibition 167 on the use of trade secret information obtained under 168 specified provisions for personal use or gain; 169 amending ss. 601.10, 601.15, and 601.152, F.S.; 170 deleting provisions relating to public records 171 exemptions for trade secrets held by the Department of 172 Citrus; repealing s. 601.76, F.S., relating to a 173 public records exemption for certain formulas filed 174 with the Department of Agriculture; amending ss. 175 607.0505 and 617.0503, F.S.; deleting provisions 176 relating to public records exemptions for certain 177 information that might reveal trade secrets held by 178 the Department of Legal Affairs; amending s. 624.4212, 179 F.S.; deleting provisions relating to public records 180 exemptions for trade secrets held by the Office of 181 Insurance Regulation; repealing s. 624.4213, F.S., 182 relating to trade secret documents submitted to the 183 Department of Financial Services or the Office of 184 Insurance Regulation; amending ss. 626.84195, 626.884, 185 626.9936, 627.0628, and 627.3518, F.S.; deleting 186 provisions relating to public records exemptions for 187 trade secrets held by the Department of Financial 188 Services or the Office of Insurance Regulation; 189 amending s. 655.057, F.S.; revising provisions 190 relating to a public records exemption for trade 191 secrets held by the Office of Financial Regulation; 192 repealing s. 655.0591, F.S., relating to trade secret 193 documents held by the Office of Financial Regulation; 194 amending s. 663.533, F.S.; revising a cross-reference; 195 repealing s. 721.071, F.S., relating to trade secret 196 material filed with the Division of Florida 197 Condominiums, Timeshares, and Mobile Homes of the 198 Department of Business and Professional Regulation; 199 amending s. 815.04, F.S.; deleting a public records 200 exemption for certain trade secret information 201 relating to offenses against intellectual property; 202 repealing s. 815.045, F.S., relating to trade secret 203 information; amending s. 1004.22, F.S.; deleting 204 provisions relating to public records exemptions for 205 trade secrets and potential trade secrets received, 206 generated, ascertained, or discovered during the 207 course of research conducted within the state 208 universities; amending s. 1004.30, F.S.; revising 209 provisions relating to public records exemptions for 210 trade secrets held by state university health services 211 support organizations; amending s. 1004.43, F.S.; 212 deleting provisions relating to public records 213 exemptions for trade secrets and potential trade 214 secrets held by the H. Lee Moffitt Cancer Center and 215 Research Institute; amending s. 1004.4472, F.S.; 216 deleting provisions relating to public records 217 exemptions for trade secrets and potential trade 218 secrets held by the Florida Institute for Human and 219 Machine Cognition, Inc.; amending s. 1004.78, F.S.; 220 deleting provisions relating to public records 221 exemptions for trade secrets and potential trade 222 secrets held by the technology transfers centers at 223 Florida College System institutions; amending ss. 224 601.80, 663.533, 721.13, and 921.0022, F.S.; 225 conforming provisions to changes made by the act; 226 providing a contingent effective date. 227 228 Be It Enacted by the Legislature of the State of Florida: 229 230 Section 1. Section 119.07135, Florida Statutes, is created 231 to read: 232 119.07135 Agency contracts; public records.—Notwithstanding 233 any other provision of law, the following information is a 234 public record and is not confidential or exempt from s. 235 119.07(1) and s. 24(a), Art. I of the State Constitution: 236 (1) Any contract or agreement, or an addendum thereto, to 237 which an agency or an entity subject to this chapter is a party; 238 and 239 (2) Financial information related to any contract or 240 agreement, or an addendum thereto, with an agency or an entity 241 subject to this chapter, including, but not limited to, the 242 amount of money paid, any payment structure or plan, 243 expenditures, incentives, fees, or penalties. 244 Section 2. Paragraph (a) of subsection (12) of section 245 24.105, Florida Statutes, is amended, and present paragraphs (b) 246 and (c) of that subsection are redesignated as paragraphs (a) 247 and (b), respectively, to read: 248 24.105 Powers and duties of department.—The department 249 shall: 250 (12)(a)Determine by rule information relating to the251operation of the lottery which is confidential and exempt from252the provisions of s. 119.07(1) and s. 24(a), Art. I of the State253Constitution. Such information includes trade secrets; security254measures, systems, or procedures; security reports; information255concerning bids or other contractual data, the disclosure of256which would impair the efforts of the department to contract for257goods or services on favorable terms; employee personnel258information unrelated to compensation, duties, qualifications,259or responsibilities; and information obtained by the Division of260Security pursuant to its investigations which is otherwise261confidential. To be deemed confidential, the information must be262necessary to the security and integrity of the lottery.263Confidential information may be released to other governmental264entities as needed in connection with the performance of their265duties. The receiving governmental entity shall retain the266confidentiality of such information as provided for in this267subsection.268 Section 3. Paragraph (e) of subsection (1) of section 269 73.0155, Florida Statutes, is amended to read: 270 73.0155 Confidentiality; business information provided to a 271 governmental condemning authority.— 272 (1) The following business information provided by the 273 owner of a business to a governmental condemning authority as 274 part of an offer of business damages under s. 73.015 is 275 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 276 of the State Constitution if the owner requests in writing that 277 the business information be held confidential and exempt: 278 (e) Materials that relate to methods of manufacture or 279 production or, potential trade secrets,patentable material, or280actual trade secrets as defined in s. 688.002. 281 Section 4. Paragraph (f) of subsection (1) of section 282 119.071, Florida Statutes, is amended to read: 283 119.071 General exemptions from inspection or copying of 284 public records.— 285 (1) AGENCY ADMINISTRATION.— 286 (f)Data processing software obtained by an agency under a287licensing agreement that prohibits its disclosure and which288software is a trade secret, as defined in s. 812.081, and289 Agency-produced data processing software that is sensitive is 290areexempt from s. 119.07(1) and s. 24(a), Art. I of the State 291 Constitution. The designation of agency-produced software as 292 sensitive does not prohibit an agency head from sharing or 293 exchanging such software with another public agency. This 294 paragraph is subject to the Open Government Sunset Review Act in 295 accordance with s. 119.15 and shall stand repealed on October 2, 296 2021, unless reviewed and saved from repeal through reenactment 297 by the Legislature. 298 Section 5. Paragraph (a) of subsection (4) of section 299 119.0713, Florida Statutes, is amended to read: 300 119.0713 Local government agency exemptions from inspection 301 or copying of public records.— 302 (4)(a) Proprietary confidential business information means 303 information, regardless of form or characteristics, which is 304 held by an electric utility that is subject to chapter 119, is 305 intended to be and is treated by the entity that provided the 306 information to the electric utility as private in that the 307 disclosure of the information would cause harm to the entity 308 providing the information or its business operations, and has 309 not been disclosed unless disclosed pursuant to a statutory 310 provision, an order of a court or administrative body, or a 311 private agreement that provides that the information will not be 312 released to the public. Proprietary confidential business 313 information includes, but is not limited to: 3141.Trade secrets.315 1.2.Internal auditing controls and reports of internal 316 auditors. 317 2.3.Security measures, systems, or procedures. 318 3.4.Information concerning bids or other contractual data, 319 the disclosure of which would impair the efforts of the electric 320 utility to contract for goods or services on favorable terms. 321 4.5.Information relating to competitive interests, the 322 disclosure of which would impair the competitive business of the 323 provider of the information. 324 Section 6. Paragraph (d) of subsection (9) of section 325 125.0104, Florida Statutes, is amended to read: 326 125.0104 Tourist development tax; procedure for levying; 327 authorized uses; referendum; enforcement.— 328 (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any 329 other powers and duties provided for agencies created for the 330 purpose of tourism promotion by a county levying the tourist 331 development tax, such agencies are authorized and empowered to: 332 (d) Undertake marketing research and advertising research 333 studies and provide reservations services and convention and 334 meetings booking services consistent with the authorized uses of 335 revenue as set forth in subsection (5). 336 1. Information given to a county tourism promotion agency 337 which, if released, would reveal the identity of persons or 338 entities who provide data or other information as a response to 339 a sales promotion effort, an advertisement, or a research 340 project or whose names, addresses, meeting or convention plan 341 information or accommodations or other visitation needs become 342 booking or reservation list data, is exempt from s. 119.07(1) 343 and s. 24(a), Art. I of the State Constitution. 344 2.The following information,When held by a county tourism 345 promotion agency, booking business records, as defined in s. 346 255.047, areisexempt from s. 119.07(1) and s. 24(a), Art. I of 347 the State Constitution.:348a.Booking business records, as defined in s. 255.047.349b.Trade secrets and commercial or financial information350gathered from a person and privileged or confidential, as351defined and interpreted under 5 U.S.C. s. 552(b)(4), or any352amendments thereto.3533.A trade secret, as defined in s. 812.081, held by a354county tourism promotion agency is exempt from s. 119.07(1) and355s. 24(a), Art. I of the State Constitution. This subparagraph is356subject to the Open Government Sunset Review Act in accordance357with s. 119.15 and shall stand repealed on October 2, 2021,358unless reviewed and saved from repeal through reenactment by the359Legislature.360 Section 7. Paragraph (m) of subsection (15) of section 361 163.01, Florida Statutes, is amended to read: 362 163.01 Florida Interlocal Cooperation Act of 1969.— 363 (15) Notwithstanding any other provision of this section or 364 of any other law except s. 361.14, any public agency of this 365 state which is an electric utility, or any separate legal entity 366 created pursuant to the provisions of this section, the 367 membership of which consists only of electric utilities, and 368 which exercises or proposes to exercise the powers granted by 369 part II of chapter 361, the Joint Power Act, may exercise any or 370 all of the following powers: 371 (m) In the event that any public agency or any such legal 372 entity, or both, should receive, in connection with its joint 373 ownership or right to the services, output, capacity, or energy 374 of an electric project, as defined in paragraph (3)(d), any 375 material which is designated by the person supplying such 376 material as proprietary confidential business information or 377 which a court of competent jurisdiction has designated as 378 confidential or secret shall be kept confidential and shall be 379 exempt from the provisions of s. 119.07(1). As used in this 380 paragraph, “proprietary confidential business information” 381 includes, but is not limited to, trade secrets;internal 382 auditing controls and reports of internal auditors; security 383 measures, systems, or procedures;information concerning bids or384other contractual data, the disclosure of which would impair the385efforts of the utility to contract for services on favorable386terms;employee personnel information unrelated to compensation, 387 duties, qualifications, or responsibilities; and formulas, 388 patterns, devices, combinations of devices,contract costs,or 389 other information the disclosure of which would injure the 390 affected entity in the marketplace. 391 Section 8. Subsection (2) of section 202.195, Florida 392 Statutes, is amended to read: 393 202.195 Proprietary confidential business information; 394 public records exemption.— 395 (2) For the purposes of this exemption, “proprietary 396 confidential business information” includes maps, plans, billing 397 and payment records,trade secrets,or other information 398 relating to the provision of or facilities for communications 399 service: 400 (a) That is intended to be and is treated by the company as 401 confidential; 402 (b) The disclosure of which would be reasonably likely to 403 be used by a competitor to harm the business interests of the 404 company; and 405 (c) That is not otherwise readily ascertainable or publicly 406 available by proper means by other persons from another source 407 in the same configuration as requested by the local governmental 408 entity. 409 410 Proprietary confidential business information does not include 411 schematics indicating the location of facilities for a specific 412 site that are provided in the normal course of the local 413 governmental entity’s permitting process. 414 Section 9. Paragraphs (a), (c), and (d) of subsection (3) 415 of section 215.4401, Florida Statutes, are amended to read: 416 215.4401 Board of Administration; public record 417 exemptions.— 418 (3)(a) As used in this subsection, the term: 419 1. “Alternative investment” means an investment by the 420 State Board of Administration in a private equity fund, venture 421 fund, hedge fund, or distress fund or a direct investment in a 422 portfolio company through an investment manager. 423 2. “Alternative investment vehicle” means the limited 424 partnership, limited liability company, or similar legal 425 structure or investment manager through which the State Board of 426 Administration invests in a portfolio company. 427 3. “Portfolio company” means a corporation or other issuer, 428 any of whose securities are owned by an alternative investment 429 vehicle or the State Board of Administration and any subsidiary 430 of such corporation or other issuer. 431 4. “Portfolio positions” means individual investments in 432 portfolio companies which are made by the alternative investment 433 vehicles, including information or specific investment terms 434 associated with any portfolio company investment. 435 5. “Proprietor” means an alternative investment vehicle, a 436 portfolio company in which the alternative investment vehicle is 437 invested, or an outside consultant, including the respective 438 authorized officers, employees, agents, or successors in 439 interest, which controls or owns information provided to the 440 State Board of Administration. 441 6. “Proprietary confidential business information” means 442 information that has been designated by the proprietor when 443 provided to the State Board of Administration as information 444 that is owned or controlled by a proprietor; that is intended to 445 be and is treated by the proprietor as private, the disclosure 446 of which would harm the business operations of the proprietor 447 and has not been intentionally disclosed by the proprietor 448 unless pursuant to a private agreement that provides that the 449 information will not be released to the public except as 450 required by law or legal process, or pursuant to law or an order 451 of a court or administrative body; and that concerns: 452a.Trade secrets as defined in s. 688.002.453 a.b.Information provided to the State Board of 454 Administration regarding a prospective investment in a private 455 equity fund, venture fund, hedge fund, distress fund, or 456 portfolio company which is proprietary to the provider of the 457 information. 458 b.c.Financial statements and auditor reports of an 459 alternative investment vehicle. 460 c.d.Meeting materials of an alternative investment vehicle 461 relating to financial, operating, or marketing information of 462 the alternative investment vehicle. 463 d.e.Information regarding the portfolio positions in which 464 the alternative investment vehicles invest. 465 e.f.Capital call and distribution notices to investors of 466 an alternative investment vehicle. 467 f.g.Alternative investment agreements and related records. 468 g.h.Information concerning investors, other than the State 469 Board of Administration, in an alternative investment vehicle. 470 7. “Proprietary confidential business information” does not 471 include: 472 a. The name, address, and vintage year of an alternative 473 investment vehicle and the identity of the principals involved 474 in the management of the alternative investment vehicle. 475 b. The dollar amount of the commitment made by the State 476 Board of Administration to each alternative investment vehicle 477 since inception. 478 c. The dollar amount and date of cash contributions made by 479 the State Board of Administration to each alternative investment 480 vehicle since inception. 481 d. The dollar amount, on a fiscal-year-end basis, of cash 482 distributions received by the State Board of Administration from 483 each alternative investment vehicle. 484 e. The dollar amount, on a fiscal-year-end basis, of cash 485 distributions received by the State Board of Administration plus 486 the remaining value of alternative-vehicle assets that are 487 attributable to the State Board of Administration’s investment 488 in each alternative investment vehicle. 489 f. The net internal rate of return of each alternative 490 investment vehicle since inception. 491 g. The investment multiple of each alternative investment 492 vehicle since inception. 493 h. The dollar amount of the total management fees and costs 494 paid on an annual fiscal-year-end basis by the State Board of 495 Administration to each alternative investment vehicle. 496 i. The dollar amount of cash profit received by the State 497 Board of Administration from each alternative investment vehicle 498 on a fiscal-year-end basis. 499 j. A description of any compensation, fees, or expenses, 500 including the amount or value, paid or agreed to be paid by a 501 proprietor to any person to solicit the board to make an 502 alternative investment or investment through an alternative 503 investment vehicle. This does not apply to an executive officer, 504 general partner, managing member, or other employee of the 505 proprietor, who is paid by the proprietor to solicit the board 506 to make such investments. 507 (c)1. Notwithstanding the provisions of paragraph (b), a 508 request to inspect or copy a record under s. 119.07(1) that 509 contains proprietary confidential business information shall be 510 granted if the proprietor of the information fails, within a 511 reasonable period of time after the request is received by the 512 State Board of Administration, to verify the following to the 513 State Board of Administration through a written declaration in 514 the manner provided by s. 92.525: 515 a. That the requested record contains proprietary 516 confidential business information and the specific location of 517 such information within the record; 518b.If the proprietary confidential business information is519a trade secret, a verification that it is a trade secret as520defined in s. 688.002;521 b.c.That the proprietary confidential business information 522 is intended to be and is treated by the proprietor as private, 523 is the subject of efforts of the proprietor to maintain its 524 privacy, and is not readily ascertainable or publicly available 525 from any other source; and 526 c.d.That the disclosure of the proprietary confidential 527 business information to the public would harm the business 528 operations of the proprietor. 529 2. The State Board of Administration shall maintain a list 530 and a description of the records covered by any verified, 531 written declaration made under this paragraph. 532 (d) Any person may petition a court of competent 533 jurisdiction for an order for the public release of those 534 portions of any record made confidential and exempt by paragraph 535 (b). Any action under this paragraph must be brought in Leon 536 County, Florida, and the petition or other initial pleading 537 shall be served on the State Board of Administration and, if 538 determinable upon diligent inquiry, on the proprietor of the 539 information sought to be released. In any order for the public 540 release of a record under this paragraph, the court shall make a 541 findingthat the record or portion thereof is not a trade secret542as defined in s. 688.002,that a compelling public interest is 543 served by the release of the record or portions thereof which 544 exceed the public necessity for maintaining the confidentiality 545 of such record,and that the release of the record will not 546 cause damage to or adversely affect the interests of the 547 proprietor of the released information, other private persons or 548 business entities, the State Board of Administration, or any 549 trust fund, the assets of which are invested by the State Board 550 of Administration. 551 Section 10. Subsection (1) of section 252.88, Florida 552 Statutes, is amended to read: 553 252.88 Public records.— 554 (1) Whenever EPCRA authorizes an employer to exclude trade 555 secret information from its submittals, the employer shall 556 furnish the information so excluded to the commission upon 557 request.Such information shall be confidential and exempt from558the provisions of s. 119.07(1). The commission shall not559disclose such information except pursuant to a final560determination under s. 322 of EPCRA by the Administrator of the561Environmental Protection Agency that such information is not562entitled to trade secret protection, or pursuant to an order of563court.564 Section 11. Section 252.943, Florida Statutes, is repealed. 565 Section 12. Paragraph (h) of subsection (2) of section 566 287.0943, Florida Statutes, is amended to read: 567 287.0943 Certification of minority business enterprises.— 568 (2) 569 (h) The certification procedures should allow an applicant 570 seeking certification to designate on the application form the 571 information the applicant considers to be proprietary, 572 confidential business information. As used in this paragraph, 573 “proprietary, confidential business information” includes, but574is not limited to,any information that would be exempt from 575 public inspection pursuant to the provisions of chapter 119; 576trade secrets;internal auditing controls and reports;contract577costs;or other information the disclosure of which would injure 578 the affected party in the marketplace or otherwise violate s. 579 286.041. The executor in receipt of the application shall issue 580 written and final notice of any information for which 581 noninspection is requested but not provided for by law. 582 Section 13. Subsection (7) of section 288.047, Florida 583 Statutes, is amended to read: 584 288.047 Quick-response training for economic development.— 585 (7) In providing instruction pursuant to this section, 586 materials that relate to methods of manufacture or production, 587potential trade secrets,business transactions, or proprietary 588 information received, produced, ascertained, or discovered by 589 employees of the respective departments, district school boards, 590 community college district boards of trustees, or other 591 personnel employed for the purposes of this section is 592 confidential and exempt from the provisions of s. 119.07(1). The 593 state may seek copyright protection for instructional materials 594 and ancillary written documents developed wholly or partially 595 with state funds as a result of instruction provided pursuant to 596 this section, except for materials that are confidential and 597 exempt from the provisions of s. 119.07(1). 598 Section 14. Paragraph (c) of subsection (1) and subsection 599 (3) of section 288.075, Florida Statutes, are amended, and 600 present subsections (4) through (7) are renumbered as 601 subsections (3) through (6), respectively, to read: 602 288.075 Confidentiality of records.— 603 (1) DEFINITIONS.—As used in this section, the term: 604(c)“Trade secret” has the same meaning as in s. 688.002.605(3)TRADE SECRETS.—Trade secrets held by an economic606development agency are confidential and exempt from s. 119.07(1)607and s. 24(a), Art. I of the State Constitution.608 Section 15. Subsection (9) of section 288.1226, Florida 609 Statutes, is amended to read: 610 288.1226 Florida Tourism Industry Marketing Corporation; 611 use of property; board of directors; duties; audit.— 612 (9) PUBLIC RECORDS EXEMPTION.—The identity of any person 613 who responds to a marketing project or advertising research 614 project conducted by the corporation in the performance of its 615 duties on behalf of Enterprise Florida, Inc., isor trade616secrets as defined by s. 812.081 obtained pursuant to such617activities, areexempt from s. 119.07(1) and s. 24(a), Art. I of 618 the State Constitution. This subsection is subject to the Open 619 Government Sunset Review Act in accordance with s. 119.15 and 620 shall stand repealed on October 2, 2021, unless reviewed and 621 saved from repeal through reenactment by the Legislature. 622 Section 16. Paragraph (d) of subsection (3) of section 623 288.776, Florida Statutes, is amended to read: 624 288.776 Board of directors; powers and duties.— 625 (3) The board shall: 626 (d) Adopt policies, including criteria, establishing which 627 exporters and export transactions shall be eligible for 628 insurance, coinsurance, loan guarantees, and direct, guaranteed, 629 or collateralized loans which may be extended by the 630 corporation. Pursuant to this subsection, the board shall 631 include the following criteria: 632 1. Any individual signing any corporation loan application 633 and loan or guarantee agreement shall have an equity in the 634 business applying for financial assistance. 635 2. Each program shall exclusively support the export of 636 goods and services by small and medium-sized businesses which 637 are domiciled in this state. Priority shall be given to goods 638 which have value added in this state. 639 3. Financial assistance shall only be extended when at 640 least one of the following circumstances exists: 641 a. The assistance is required to secure the participation 642 of small and medium-sized export businesses in federal, state, 643 or private financing programs. 644 b. No conventional source of lender support is available 645 for the business from public or private financing sources. 646 647 Personal financial records, trade secrets,or proprietary 648 information of applicants shall be confidential and exempt from 649 the provisions of s. 119.07(1). 650 Section 17. Section 288.9520, Florida Statutes, is amended 651 to read: 652 288.9520 Public records exemption.—Materials that relate to 653 methods of manufacture or production,potential trade secrets,654 potentially patentable material,actual trade secrets,business 655 transactions, financial and proprietary information, and 656 agreements or proposals to receive funding that are received, 657 generated, ascertained, or discovered by Enterprise Florida, 658 Inc., including its affiliates or subsidiaries and partnership 659 participants, such as private enterprises, educational 660 institutions, and other organizations, are confidential and 661 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 662 of the State Constitution, except that a recipient of Enterprise 663 Florida, Inc., research funds shall make available, upon 664 request, the title and description of the research project, the 665 name of the researcher, and the amount and source of funding 666 provided for the project. 667 Section 18. Subsection (5) of section 288.9607, Florida 668 Statutes, is amended to read: 669 288.9607 Guaranty of bond issues.— 670 (5) Personal financial records, trade secrets,or 671 proprietary information of applicants delivered to or obtained 672 by the corporation shall be confidential and exempt from the 673 provisions of s. 119.07(1). 674 Section 19. Paragraph (f) of subsection (1), paragraph (a) 675 of subsection (2), and paragraphs (b) and (c) of subsection (4) 676 of section 288.9626, Florida Statutes, are amended to read: 677 288.9626 Exemptions from public records and public meetings 678 requirements for the Florida Opportunity Fund.— 679 (1) DEFINITIONS.—As used in this section, the term: 680 (f)1. “Proprietary confidential business information” means 681 information that has been designated by the proprietor when 682 provided to the Florida Opportunity Fund as information that is 683 owned or controlled by a proprietor; that is intended to be and 684 is treated by the proprietor as private, the disclosure of which 685 would harm the business operations of the proprietor and has not 686 been intentionally disclosed by the proprietor unless pursuant 687 to a private agreement that provides that the information will 688 not be released to the public except as required by law or legal 689 process, or pursuant to law or an order of a court or 690 administrative body; and that concerns: 691a.Trade secrets as defined in s. 688.002.692 a.b.Information provided to the Florida Opportunity Fund 693 regarding an existing or prospective alternative investment in a 694 private equity fund, venture capital fund, angel fund, or 695 portfolio company that is proprietary to the provider of the 696 information. 697 b.c.Financial statements and auditor reports of an 698 alternative investment vehicle or portfolio company, unless 699 publicly released by the alternative investment vehicle or 700 portfolio company. 701 c.d.Meeting materials of an alternative investment vehicle 702 or portfolio company relating to financial, operating, or 703 marketing information of the alternative investment vehicle or 704 portfolio company. 705 d.e.Information regarding the portfolio positions in which 706 the alternative investment vehicles or Florida Opportunity Fund 707 invest. 708 e.f.Capital call and distribution notices to investors or 709 the Florida Opportunity Fund of an alternative investment 710 vehicle. 711 f.g.Alternative investment agreements and related records. 712 g.h.Information concerning investors, other than the 713 Florida Opportunity Fund, in an alternative investment vehicle 714 or portfolio company. 715 2. “Proprietary confidential business information” does not 716 include: 717 a. The name, address, and vintage year of an alternative 718 investment vehicle or Florida Opportunity Fund and the identity 719 of the principals involved in the management of the alternative 720 investment vehicle or Florida Opportunity Fund. 721 b. The dollar amount of the commitment made by the Florida 722 Opportunity Fund to each alternative investment vehicle since 723 inception, if any. 724 c. The dollar amount and date of cash contributions made by 725 the Florida Opportunity Fund to each alternative investment 726 vehicle since inception, if any. 727 d. The dollar amount, on a fiscal-year-end basis, of cash 728 or other fungible distributions received by the Florida 729 Opportunity Fund from each alternative investment vehicle. 730 e. The dollar amount, on a fiscal-year-end basis, of cash 731 or other fungible distributions received by the Florida 732 Opportunity Fund plus the remaining value of alternative-vehicle 733 assets that are attributable to the Florida Opportunity Fund’s 734 investment in each alternative investment vehicle. 735 f. The net internal rate of return of each alternative 736 investment vehicle since inception. 737 g. The investment multiple of each alternative investment 738 vehicle since inception. 739 h. The dollar amount of the total management fees and costs 740 paid on an annual fiscal-year-end basis by the Florida 741 Opportunity Fund to each alternative investment vehicle. 742 i. The dollar amount of cash profit received by the Florida 743 Opportunity Fund from each alternative investment vehicle on a 744 fiscal-year-end basis. 745 (2) PUBLIC RECORDS EXEMPTION.— 746 (a) The following records held by the Florida Opportunity 747 Fund are confidential and exempt from s. 119.07(1) and s. 24(a), 748 Art. I of the State Constitution: 749 1. Materials that relate to methods of manufacture or 750 production,potential trade secrets,or patentable material 751 received, generated, ascertained, or discovered during the 752 course of research or through research projects and that are 753 provided by a proprietor. 754 2. Information that would identify an investor or potential 755 investor who desires to remain anonymous in projects reviewed by 756 the Florida Opportunity Fund. 757 3. Proprietary confidential business information regarding 758 alternative investments for 7 years after the termination of the 759 alternative investment. 760 (4) REQUEST TO INSPECT OR COPY A RECORD.— 761 (b) Notwithstanding the provisions of paragraph (2)(a), a 762 request to inspect or copy a public record that contains 763 proprietary confidential business information shall be granted 764 if the proprietor of the information fails, within a reasonable 765 period of time after the request is received by the Florida 766 Opportunity Fund, to verify the following to the Florida 767 Opportunity Fund through a written declaration in the manner 768 provided by s. 92.525: 769 1. That the requested record contains proprietary 770 confidential business information and the specific location of 771 such information within the record; 7722.If the proprietary confidential business information is773a trade secret, a verification that it is a trade secret as774defined in s. 688.002;775 2.3.That the proprietary confidential business information 776 is intended to be and is treated by the proprietor as private, 777 is the subject of efforts of the proprietor to maintain its 778 privacy, and is not readily ascertainable or publicly available 779 from any other source; and 780 3.4.That the disclosure of the proprietary confidential 781 business information to the public would harm the business 782 operations of the proprietor. 783 (c)1. Any person may petition a court of competent 784 jurisdiction for an order for the public release of those 785 portions of any record made confidential and exempt by 786 subsection (2). 787 2. Any action under this subsection must be brought in 788 Orange County, and the petition or other initial pleading shall 789 be served on the Florida Opportunity Fund and, if determinable 790 upon diligent inquiry, on the proprietor of the information 791 sought to be released. 792 3. In any order for the public release of a record under 793 this subsection, the court shall make a finding that: 794a.The record or portion thereof is not a trade secret as795defined in s. 688.002;796 a.b.A compelling public interest is served by the release 797 of the record or portions thereof which exceed the public 798 necessity for maintaining the confidentiality of such record; 799 and 800 b.c.The release of the record will not cause damage to or 801 adversely affect the interests of the proprietor of the released 802 information, other private persons or business entities, or the 803 Florida Opportunity Fund. 804 Section 20. Paragraph (b) of subsection (1), paragraph (a) 805 of subsection (2), and paragraphs (b) and (c) of subsection (4) 806 of section 288.9627, Florida Statutes, are amended to read: 807 288.9627 Exemptions from public records and public meetings 808 requirements for the Institute for the Commercialization of 809 Public Research.— 810 (1) DEFINITIONS.—As used in this section, the term: 811 (b)1. “Proprietary confidential business information” means 812 information that has been designated by the proprietor when 813 provided to the institute as information that is owned or 814 controlled by a proprietor; that is intended to be and is 815 treated by the proprietor as private, the disclosure of which 816 would harm the business operations of the proprietor and has not 817 been intentionally disclosed by the proprietor unless pursuant 818 to a private agreement that provides that the information will 819 not be released to the public except as required by law or legal 820 process, or pursuant to law or an order of a court or 821 administrative body; and that concerns: 822a.Trade secrets as defined in s. 688.002.823 a.b.Financial statements and internal or external auditor 824 reports of a proprietor corporation, partnership, or person 825 requesting confidentiality under this statute, unless publicly 826 released by the proprietor. 827 b.c.Meeting materials related to financial, operating, 828 investment, or marketing information of the proprietor 829 corporation, partnership, or person. 830 c.d.Information concerning private investors in the 831 proprietor corporation, partnership, or person. 832 2. “Proprietary confidential business information” does not 833 include: 834 a. The identity and primary address of the proprietor’s 835 principals. 836 b. The dollar amount and date of the financial commitment 837 or contribution made by the institute. 838 c. The dollar amount, on a fiscal-year-end basis, of cash 839 repayments or other fungible distributions received by the 840 institute from each proprietor. 841 d. The dollar amount, if any, of the total management fees 842 and costs paid on an annual fiscal-year-end basis by the 843 institute. 844 (2) PUBLIC RECORDS EXEMPTION.— 845 (a) The following records held by the institute are 846 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 847 of the State Constitution: 848 1. Materials that relate to methods of manufacture or 849 production, potential trade secrets,or patentable material 850 received, generated, ascertained, or discovered during the 851 course of research or through research projects conducted by 852 universities and other publicly supported organizations in this 853 state and that are provided to the institute by a proprietor. 854 2. Information that would identify an investor or potential 855 investor who desires to remain anonymous in projects reviewed by 856 the institute for assistance. 857 3. Any information received from a person from another 858 state or nation or the Federal Government which is otherwise 859 confidential or exempt pursuant to the laws of that state or 860 nation or pursuant to federal law. 861 4. Proprietary confidential business information for 7 862 years after the termination of the institute’s financial 863 commitment to the company. 864 (4) REQUEST TO INSPECT OR COPY A RECORD.— 865 (b) Notwithstanding the provisions of paragraph (2)(a), a 866 request to inspect or copy a public record that contains 867 proprietary confidential business information shall be granted 868 if the proprietor of the information fails, within a reasonable 869 period of time after the request is received by the institute, 870 to verify the following to the institute through a written 871 declaration in the manner provided by s. 92.525: 872 1. That the requested record contains proprietary 873 confidential business information and the specific location of 874 such information within the record; 8752.If the proprietary confidential business information is876a trade secret, a verification that it is a trade secret as877defined in s. 688.002;878 2.3.That the proprietary confidential business information 879 is intended to be and is treated by the proprietor as private, 880 is the subject of efforts of the proprietor to maintain its 881 privacy, and is not readily ascertainable or publicly available 882 from any other source; and 883 3.4.That the disclosure of the proprietary confidential 884 business information to the public would harm the business 885 operations of the proprietor. 886 (c)1. Any person may petition a court of competent 887 jurisdiction for an order for the public release of those 888 portions of any record made confidential and exempt by 889 subsection (2). 890 2. Any action under this subsection must be brought in Palm 891 Beach County or Alachua County, and the petition or other 892 initial pleading shall be served on the institute and, if 893 determinable upon diligent inquiry, on the proprietor of the 894 information sought to be released. 895 3. In any order for the public release of a record under 896 this subsection, the court shall make a finding that: 897a.The record or portion thereof is not a trade secret as898defined in s. 688.002;899 a.b.A compelling public interest is served by the release 900 of the record or portions thereof which exceed the public 901 necessity for maintaining the confidentiality of such record; 902 and 903 b.c.The release of the record will not cause damage to or 904 adversely affect the interests of the proprietor of the released 905 information, other private persons or business entities, or the 906 institute. 907 Section 21. Section 331.326, Florida Statutes, is amended 908 to read: 909 331.326 Information relating to trade secrets 910 confidential.—The records of Space Florida regarding matters 911 encompassed by this act are public records subject to chapter 912 119.Any information held by Space Florida which is a trade913secret, as defined in s. 812.081, including trade secrets of914Space Florida, any spaceport user, or the space industry915business, is confidential and exempt from s. 119.07(1) and s.91624(a), Art. I of the State Constitution and may not be917disclosed. If Space Florida determines that any information918requested by the public will reveal a trade secret, it shall, in919writing, inform the person making the request of that920determination. The determination is a final order as defined in921s. 120.52.Any meeting or portion of a meeting of Space 922 Florida’s board is exempt from s. 286.011 and s. 24(b), Art. I 923 of the State Constitution when the board is discussing trade 924 secrets as defined in s. 688.01. Any public record generated 925 during the closed portions of the meetings, such as minutes, 926 tape recordings, and notes, is confidential and exempt from s. 927 119.07(1) and s. 24(a), Art. I of the State Constitution. This 928 section is subject to the Open Government Sunset Review Act in 929 accordance with s. 119.15 and shall stand repealed on October 2, 930 2021, unless reviewed and saved from repeal through reenactment 931 by the Legislature. 932 Section 22. Subsection (4) of section 334.049, Florida 933 Statutes, is amended, and present subsection (5) of that section 934 is renumbered as subsection (4), to read: 935 334.049 Patents, copyrights, trademarks; notice to 936 Department of State; confidentiality of trade secrets.— 937(4)Any information obtained by the department as a result938of research and development projects and revealing a method of939process, production, or manufacture which is a trade secret as940defined in s. 688.002, is confidential and exempt from the941provisions of s. 119.07(1).942 Section 23. Section 350.121, Florida Statutes, is amended 943 to read: 944 350.121 Commission inquiries; confidentiality of business 945 material.—If the commission undertakes an inquiry, any records, 946 documents, papers, maps, books, tapes, photographs, files, sound 947 recordings, or other business material, regardless of form or 948 characteristics, obtained by the commission incident to the 949 inquiry are considered confidential and exempt from s. 119.07(1) 950 while the inquiry is pending. If at the conclusion of an inquiry 951 the commission undertakes a formal proceeding, any matter 952 determined by the commission or by a judicial or administrative 953 body, federal or state, to betrade secrets orproprietary 954 confidential business information coming into its possession 955 pursuant to such inquiry shall be considered confidential and 956 exempt from s. 119.07(1). Such material may be used in any 957 administrative or judicial proceeding so long as the 958 confidential or proprietary nature of the material is 959 maintained. 960 Section 24. Subsection (3) of section 364.183, Florida 961 Statutes, is amended to read: 962 364.183 Access to company records.— 963 (3) The term “proprietary confidential business 964 information” means information, regardless of form or 965 characteristics, which is owned or controlled by the person or 966 company, is intended to be and is treated by the person or 967 company as private in that the disclosure of the information 968 would cause harm to the ratepayers or the person’s or company’s 969 business operations, and has not been disclosed unless disclosed 970 pursuant to a statutory provision, an order of a court or 971 administrative body, or private agreement that provides that the 972 information will not be released to the public. The term 973 includes, but is not limited to: 974(a)Trade secrets.975 (a)(b)Internal auditing controls and reports of internal 976 auditors. 977 (b)(c)Security measures, systems, or procedures. 978 (c)(d)Information concerning bids or other contractual 979 data, the disclosure of which would impair the efforts of the 980 company or its affiliates to contract for goods or services on 981 favorable terms. 982 (d)(e)Information relating to competitive interests, the 983 disclosure of which would impair the competitive business of the 984 provider of information. 985 (e)(f)Employee personnel information unrelated to 986 compensation, duties, qualifications, or responsibilities. 987 Section 25. Subsection (3) of section 365.174, Florida 988 Statutes, is amended to read: 989 365.174 Proprietary confidential business information.— 990 (3) As used in this section, the term “proprietary 991 confidential business information” means customer lists, 992 customer numbers, individual or aggregate customer data by 993 location, usage and capacity data, network facilities used to 994 serve subscribers, technology descriptions, or technical 995 information,or trade secrets, including trade secrets as996defined in s. 812.081,and the actual or developmental costs of 997 E911 systems that are developed, produced, or received 998 internally by a provider or by a provider’s employees, 999 directors, officers, or agents. 1000 Section 26. Subsection (3) of section 366.093, Florida 1001 Statutes, is amended to read: 1002 366.093 Public utility records; confidentiality.— 1003 (3) Proprietary confidential business information means 1004 information, regardless of form or characteristics, which is 1005 owned or controlled by the person or company, is intended to be 1006 and is treated by the person or company as private in that the 1007 disclosure of the information would cause harm to the ratepayers 1008 or the person’s or company’s business operations, and has not 1009 been disclosed unless disclosed pursuant to a statutory 1010 provision, an order of a court or administrative body, or 1011 private agreement that provides that the information will not be 1012 released to the public. Proprietary confidential business 1013 information includes, but is not limited to: 1014(a)Trade secrets.1015 (a)(b)Internal auditing controls and reports of internal 1016 auditors. 1017 (b)(c)Security measures, systems, or procedures. 1018 (c)(d)Information concerning bids or other contractual 1019 data, the disclosure of which would impair the efforts of the 1020 public utility or its affiliates to contract for goods or 1021 services on favorable terms. 1022 (d)(e)Information relating to competitive interests, the 1023 disclosure of which would impair the competitive business of the 1024 provider of the information. 1025 (e)(f)Employee personnel information unrelated to 1026 compensation, duties, qualifications, or responsibilities. 1027 Section 27. Subsection (3) of section 367.156, Florida 1028 Statutes, is amended to read: 1029 367.156 Public utility records; confidentiality.— 1030 (3) Proprietary confidential business information means 1031 information, regardless of form or characteristics, which is 1032 owned or controlled by the person or company, is intended to be 1033 and is treated by the person or company as private in that the 1034 disclosure of the information would cause harm to the ratepayers 1035 or the person’s or company’s business operations, and has not 1036 been disclosed unless disclosed pursuant to a statutory 1037 provision, an order of a court or administrative body, or a 1038 private agreement that provides that the information will not be 1039 released to the public. Proprietary business information 1040 includes, but is not limited to: 1041(a)Trade secrets.1042 (a)(b)Internal auditing controls and reports of internal 1043 auditors. 1044 (b)(c)Security measures, systems, or procedures. 1045 (c)(d)Information concerning bids or other contractual 1046 data, the disclosure of which would impair the efforts of the 1047 utility or its affiliates to contract for goods or services on 1048 favorable terms. 1049 (d)(e)Information relating to competitive interests, the 1050 disclosure of which would impair the competitive businesses of 1051 the provider of the information. 1052 (e)(f)Employee personnel information unrelated to 1053 compensation, duties, qualifications, or responsibilities. 1054 Section 28. Subsection (3) of section 368.108, Florida 1055 Statutes, is amended to read: 1056 368.108 Confidentiality; discovery.— 1057 (3) “Proprietary confidential business information” means 1058 information, regardless of form or characteristics, which is 1059 owned or controlled by the person or company, is intended to be 1060 and is treated by the person or company as private in that the 1061 disclosure of the information would cause harm to the ratepayers 1062 or the person’s or company’s business operations, and has not 1063 been disclosed unless disclosed pursuant to a statutory 1064 provision, an order of a court or administrative body, or a 1065 private agreement that provides that the information will not be 1066 released to the public. The term“Proprietary confidential1067business information”includes, but is not limited to: 1068(a)Trade secrets.1069 (a)(b)Internal auditing controls and reports of internal 1070 auditors. 1071 (b)(c)Security measures, systems, or procedures. 1072 (c)(d)Information concerning bids or other contractual 1073 data, the disclosure of which would impair the efforts of the 1074 natural gas transmission company or its affiliates to contract 1075 for goods or services on favorable terms. 1076 (d)(e)Information relating to competitive interests, the 1077 disclosure of which would impair the competitive business of the 1078 provider of the information. 1079 (e)(f)Employee personnel information unrelated to 1080 compensation, duties, qualifications, or responsibilities. 1081 Section 29. Paragraph (e) of subsection (1) of section 1082 377.24075, Florida Statutes, is amended to read: 1083 377.24075 Exemption from public records requirements. 1084 Proprietary business information held by the Department of 1085 Environmental Protection in accordance with its statutory duties 1086 with respect to an application for a natural gas storage 1087 facility permit is confidential and exempt from s. 119.07(1) and 1088 s. 24(a), Art. I of the State Constitution. 1089 (1) As used in this section, the term “proprietary business 1090 information” means information that: 1091 (e) Includes, but is not limited to: 10921.Trade secrets as defined in s. 688.002.1093 1.2.Leasing plans, real property acquisition plans, 1094 exploration budgets, or marketing studies, the disclosure of 1095 which would impair the efforts of the applicant or its 1096 affiliates to contract for goods or services or to acquire real 1097 property interests on favorable terms. 1098 2.3.Competitive interests, which may include well design 1099 or completion plans, geological or engineering studies related 1100 to storage reservoir performance characteristics, or field 1101 utilization strategies or operating plans, the disclosure of 1102 which would impair the competitive business of the applicant 1103 providing the information. 1104 Section 30. Section 381.83, Florida Statutes, is repealed. 1105 Section 31. Paragraph (c) of subsection (2) of section 1106 395.3035, Florida Statutes, is amended to read: 1107 395.3035 Confidentiality of hospital records and meetings.— 1108 (2) The following records and information of any hospital 1109 that is subject to chapter 119 and s. 24(a), Art. I of the State 1110 Constitution are confidential and exempt from the provisions of 1111 s. 119.07(1) and s. 24(a), Art. I of the State Constitution: 1112 (c)Trade secrets, as defined in s. 688.002, including1113 Reimbursement methodologies and rates. 1114 Section 32. Subsection (2) and paragraph (b) of subsection 1115 (3) of section 403.7046, Florida Statutes, are amended to read: 1116 403.7046 Regulation of recovered materials.— 1117 (2) Notwithstanding s. 688.01, information reported 1118 pursuant to this section or any rule adopted pursuant to this 1119 section which, if disclosed, would reveal a trade secret, as 1120 defined in s. 688.01, may be provided by the departments.1121812.081, is confidential and exempt from s. 119.07(1) and s.112224(a), Art. I of the State Constitution. For reporting or1123information purposes, however, the department may provide this1124informationin such form that the names of the persons reporting 1125 such information and the specific information reported are not 1126 revealed.This subsection is subject to the Open Government1127Sunset Review Act in accordance with s. 119.15 and shall stand1128repealed on October 2, 2021, unless reviewed and saved from1129repeal through reenactment by the Legislature.1130 (3) Except as otherwise provided in this section or 1131 pursuant to a special act in effect on or before January 1, 1132 1993, a local government may not require a commercial 1133 establishment that generates source-separated recovered 1134 materials to sell or otherwise convey its recovered materials to 1135 the local government or to a facility designated by the local 1136 government, nor may the local government restrict such a 1137 generator’s right to sell or otherwise convey such recovered 1138 materials to any properly certified recovered materials dealer 1139 who has satisfied the requirements of this section. A local 1140 government may not enact any ordinance that prevents such a 1141 dealer from entering into a contract with a commercial 1142 establishment to purchase, collect, transport, process, or 1143 receive source-separated recovered materials. 1144 (b)1.Before engaging in business within the jurisdiction 1145 of the local government, a recovered materials dealer or 1146 pyrolysis facility must provide the local government with a copy 1147 of the certification provided for in this section. In addition, 1148 the local government may establish a registration process 1149 whereby a recovered materials dealer or pyrolysis facility must 1150 register with the local government before engaging in business 1151 within the jurisdiction of the local government. Such 1152 registration process is limited to requiring the dealer or 1153 pyrolysis facility to register its name, including the owner or 1154 operator of the dealer or pyrolysis facility, and, if the dealer 1155 or pyrolysis facility is a business entity, its general or 1156 limited partners, its corporate officers and directors, its 1157 permanent place of business, evidence of its certification under 1158 this section, and a certification that the recovered materials 1159 or post-use polymers will be processed at a recovered materials 1160 processing facility or pyrolysis facility satisfying the 1161 requirements of this section. The local government may not use 1162 the information provided in the registration application to 1163 compete unfairly with the recovered materials dealer until 90 1164 days after receipt of the application. All counties, and 1165 municipalities whose population exceeds 35,000 according to the 1166 population estimates determined pursuant to s. 186.901, may 1167 establish a reporting process that must be limited to the 1168 regulations, reporting format, and reporting frequency 1169 established by the department pursuant to this section, which 1170 must, at a minimum, include requiring the dealer or pyrolysis 1171 facility to identify the types and approximate amount of 1172 recovered materials or post-use polymers collected, recycled, or 1173 reused during the reporting period; the approximate percentage 1174 of recovered materials or post-use polymers reused, stored, or 1175 delivered to a recovered materials processing facility or 1176 pyrolysis facility or disposed of in a solid waste disposal 1177 facility; and the locations where any recovered materials or 1178 post-use polymers were disposed of as solid waste. The local 1179 government may charge the dealer or pyrolysis facility a 1180 registration fee commensurate with and no greater than the cost 1181 incurred by the local government in operating its registration 1182 program. Registration program costs are limited to those costs 1183 associated with the activities described in this paragraph 1184subparagraph. Any reporting or registration process established 1185 by a local government with regard to recovered materials or 1186 post-use polymers is governed by this section and department 1187 rules adopted pursuant thereto. 11882.Information reported under this subsection which, if1189disclosed, would reveal a trade secret, as defined in s.1190812.081, is confidential and exempt from s. 119.07(1) and s.119124(a), Art. I of the State Constitution. This subparagraph is1192subject to the Open Government Sunset Review Act in accordance1193with s. 119.15 and shall stand repealed on October 2, 2021,1194unless reviewed and saved from repeal through reenactment by the1195Legislature.1196 Section 33. Section 403.73, Florida Statutes, is repealed. 1197 Section 34. Paragraph (c) of subsection (1) of section 1198 408.061, Florida Statutes, is amended to read: 1199 408.061 Data collection; uniform systems of financial 1200 reporting; information relating to physician charges; 1201 confidential information; immunity.— 1202 (1) The agency shall require the submission by health care 1203 facilities, health care providers, and health insurers of data 1204 necessary to carry out the agency’s duties and to facilitate 1205 transparency in health care pricing data and quality measures. 1206 Specifications for data to be collected under this section shall 1207 be developed by the agency and applicable contract vendors, with 1208 the assistance of technical advisory panels including 1209 representatives of affected entities, consumers, purchasers, and 1210 such other interested parties as may be determined by the 1211 agency. 1212 (c) Data to be submitted by health insurers may include, 1213 but are not limited to: claims, payments to health care 1214 facilities and health care providers as specified by rule, 1215 premium, administration, and financial information. Data 1216 submitted shall be certified by the chief financial officer, an 1217 appropriate and duly authorized representative, or an employee 1218 of the insurer that the information submitted is true and 1219 accurate.Information that is considered a trade secret under s.1220812.081 shall be clearly designated.1221 Section 35. Subsection (1) of section 408.185, Florida 1222 Statutes, is amended, and present subsections (2) through (5) of 1223 that section are renumbered as subsections (1) through (4), 1224 respectively, to read: 1225 408.185 Information submitted for review of antitrust 1226 issues; confidentiality.—The following information held by the 1227 Office of the Attorney General, which is submitted by a member 1228 of the health care community pursuant to a request for an 1229 antitrust no-action letter shall be confidential and exempt from 1230 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 1231 Constitution for 1 year after the date of submission. 1232(1)Documents that reveal trade secrets as defined in s.1233688.002.1234 Section 36. Paragraph (a) of subsection (14) of section 1235 408.910, Florida Statutes, is amended to read: 1236 408.910 Florida Health Choices Program.— 1237 (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.— 1238 (a) Definitions.—For purposes of this subsection, the term: 1239 1. “Buyer’s representative” means a participating insurance 1240 agent as described in paragraph (4)(g). 1241 2. “Enrollee” means an employer who is eligible to enroll 1242 in the program pursuant to paragraph (4)(a). 1243 3. “Participant” means an individual who is eligible to 1244 participate in the program pursuant to paragraph (4)(b). 1245 4. “Proprietary confidential business information” means 1246 information, regardless of form or characteristics, that is 1247 owned or controlled by a vendor requesting confidentiality under 1248 this section; that is intended to be and is treated by the 1249 vendor as private in that the disclosure of the information 1250 would cause harm to the business operations of the vendor; that 1251 has not been disclosed unless disclosed pursuant to a statutory 1252 provision, an order of a court or administrative body, or a 1253 private agreement providing that the information may be released 1254 to the public; and that is information concerning: 1255 a. Business plans. 1256 b. Internal auditing controls and reports of internal 1257 auditors. 1258 c. Reports of external auditors for privately held 1259 companies. 1260 d. Client and customer lists. 1261 e. Potentially patentable material. 1262f.A trade secret as defined in s. 688.002.1263 5. “Vendor” means a participating insurer or other provider 1264 of services as described in paragraph (4)(d). 1265 Section 37. Section 409.91196, Florida Statutes, is amended 1266 to read: 1267 409.91196 Supplemental rebate agreements; public records 1268 and public meetings exemption.— 1269 (1) The rebate amount, percent of rebate, manufacturer’s 1270 pricing, and supplemental rebate, and other trade secrets as1271defined in s. 688.002 that the agency has identified for use in1272negotiations,held by the Agency for Health Care Administration 1273 under s. 409.912(5)(a)7. are confidential and exempt from s. 1274 119.07(1) and s. 24(a), Art. I of the State Constitution. 1275 (2) That portion of a meeting of the Medicaid 1276 Pharmaceutical and Therapeutics Committee at which the rebate 1277 amount, percent of rebate, manufacturer’s pricing,or1278 supplemental rebate, or other confidential and exempt trade 1279 secrets as provided for in s. 688.01 whichdefined in s. 688.0021280thatthe agency has identified for use in negotiations,are 1281 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the 1282 State Constitution. A record shall be made of each exempt 1283 portion of a meeting. Such record must include the times of 1284 commencement and termination, all discussions and proceedings, 1285 the names of all persons present at any time, and the names of 1286 all persons speaking. No exempt portion of a meeting may be held 1287 off the record. 1288 Section 38. Subsection (2) of section 440.108, Florida 1289 Statutes, is amended to read: 1290 440.108 Investigatory records relating to workers’ 1291 compensation employer compliance; confidentiality.— 1292 (2) After an investigation is completed or ceases to be 1293 active, information in records relating to the investigation 1294 remains confidential and exempt from the provisions of s. 1295 119.07(1) and s. 24(a), Art. I of the State Constitution if 1296 disclosure of that information would: 1297 (a) Jeopardize the integrity of another active 1298 investigation; 1299(b) Reveal a trade secret, as defined in s. 688.002;1300 (b)(c)Reveal business or personal financial information; 1301 (c)(d)Reveal personal identifying information regarding 1302 the identity of a confidential source; 1303 (d)(e)Defame or cause unwarranted damage to the good name 1304 or reputation of an individual or jeopardize the safety of an 1305 individual; or 1306 (e)(f)Reveal investigative techniques or procedures. 1307 Section 39. Paragraph (c) of subsection (1) of section 1308 494.00125, Florida Statutes, is amended to read: 1309 494.00125 Public records exemptions.— 1310 (1) INVESTIGATIONS OR EXAMINATIONS.— 1311 (c) Except as necessary for the office to enforce the 1312 provisions of this chapter, a consumer complaint and other 1313 information relative to an investigation or examination shall 1314 remain confidential and exempt from s. 119.07(1) after the 1315 investigation or examination is completed or ceases to be active 1316 to the extent disclosure would: 1317 1. Jeopardize the integrity of another active investigation 1318 or examination. 1319 2. Reveal the name, address, telephone number, social 1320 security number, or any other identifying number or information 1321 of any complainant, customer, or account holder. 1322 3. Disclose the identity of a confidential source. 1323 4. Disclose investigative techniques or procedures. 13245.Reveal a trade secret as defined in s. 688.002.1325 Section 40. Subsection (4) of section 497.172, Florida 1326 Statutes, is amended to read: 1327 497.172 Public records exemptions; public meetings 1328 exemptions.— 1329(4)TRADE SECRETS.—Trade secrets, as defined in s. 688.002,1330held by the department or board, are confidential and exempt1331from s. 119.07(1) and s. 24(a), Art. I of the State1332Constitution.1333 Section 41. Paragraph (c) of subsection (3) of section 1334 499.012, Florida Statutes, is amended to read: 1335 499.012 Permit application requirements.— 1336 (3) 1337(c)Information submitted by an applicant on an application1338required pursuant to this subsection which is a trade secret, as1339defined in s. 812.081, shall be maintained by the department as1340trade secret information pursuant to s. 499.051(7).1341 Section 42. Subsection (7) of section 499.0121, Florida 1342 Statutes, is amended to read: 1343 499.0121 Storage and handling of prescription drugs; 1344 recordkeeping.—The department shall adopt rules to implement 1345 this section as necessary to protect the public health, safety, 1346 and welfare. Such rules shall include, but not be limited to, 1347 requirements for the storage and handling of prescription drugs 1348 and for the establishment and maintenance of prescription drug 1349 distribution records. 1350 (7) PRESCRIPTION DRUG PURCHASE LIST.— 1351(a)Each wholesale distributor, except for a manufacturer, 1352 shall annually provide the department with a written list of all 1353 wholesale distributors and manufacturers from whom the wholesale 1354 distributor purchases prescription drugs. A wholesale 1355 distributor, except a manufacturer, shall notify the department 1356 not later than 10 days after any change to either list. 1357(b)Such portions of the information required pursuant to1358this subsection which are a trade secret, as defined in s.1359812.081, shall be maintained by the department as trade secret1360information is required to be maintained under s. 499.051. This1361paragraph is subject to the Open Government Sunset Review Act in1362accordance with s. 119.15 and shall stand repealed on October 2,13632021, unless reviewed and saved from repeal through reenactment1364by the Legislature.1365 Section 43. Paragraph (g) of subsection (1) of section 1366 499.05, Florida Statutes, is amended to read: 1367 499.05 Rules.— 1368 (1) The department shall adopt rules to implement and 1369 enforce this chapter with respect to: 1370 (g) Inspections and investigations conducted under s. 1371 499.051 or s. 499.93, and the identification of information1372claimed to be a trade secret and exempt from the public records1373law as provided in s. 499.051(7). 1374 Section 44. Paragraph (b) of subsection (7) of section 1375 499.051, Florida Statutes, is amended, and paragraph (c) of that 1376 subsection is redesignated as paragraph (b), to read: 1377 499.051 Inspections and investigations.— 1378 (7) 1379(b)Information that constitutes a trade secret, as defined1380in s. 812.081, contained in the complaint or obtained by the1381department pursuant to the investigation must remain1382confidential and exempt from s. 119.07(1) and s. 24(a), Art. I1383of the State Constitution as long as the information is held by1384the department. This paragraph is subject to the Open Government1385Sunset Review Act in accordance with s. 119.15 and shall stand1386repealed on October 2, 2021, unless reviewed and saved from1387repeal through reenactment by the Legislature.1388 Section 45. Section 499.931, Florida Statutes, is repealed. 1389 Section 46. Paragraph (d) of subsection (11) of section 1390 501.171, Florida Statutes, is amended to read: 1391 501.171 Security of confidential personal information.— 1392 (11) PUBLIC RECORDS EXEMPTION.— 1393 (d) For purposes of this subsection, the term “proprietary 1394 information” means information that: 1395 1. Is owned or controlled by the covered entity. 1396 2. Is intended to be private and is treated by the covered 1397 entity as private because disclosure would harm the covered 1398 entity or its business operations. 1399 3. Has not been disclosed except as required by law or a 1400 private agreement that provides that the information will not be 1401 released to the public. 1402 4. Is not publicly available or otherwise readily 1403 ascertainable through proper means from another source in the 1404 same configuration as received by the department. 1405 5. Includes:1406a.Trade secrets as defined in s. 688.002.1407b.competitive interests, the disclosure of which would 1408 impair the competitive business of the covered entity who is the 1409 subject of the information. 1410 Section 47. Section 502.222, Florida Statutes, is repealed. 1411 Section 48. Paragraph (b) of subsection (1) of section 1412 517.2015, Florida Statutes, is amended to read: 1413 517.2015 Confidentiality of information relating to 1414 investigations and examinations.— 1415 (1) 1416 (b) Except as necessary for the office to enforce the 1417 provisions of this chapter, a consumer complaint and other 1418 information relative to an investigation or examination shall 1419 remain confidential and exempt from s. 119.07(1) after the 1420 investigation or examination is completed or ceases to be active 1421 to the extent disclosure would: 1422 1. Jeopardize the integrity of another active investigation 1423 or examination. 1424 2. Reveal the name, address, telephone number, social 1425 security number, or any other identifying number or information 1426 of any complainant, customer, or account holder. 1427 3. Disclose the identity of a confidential source. 1428 4. Disclose investigative techniques or procedures. 14295.Reveal a trade secret as defined in s. 688.002.1430 Section 49. Paragraph (b) of subsection (1) of section 1431 520.9965, Florida Statutes, is amended to read: 1432 520.9965 Confidentiality of information relating to 1433 investigations and examinations.— 1434 (1) 1435 (b) Except as necessary for the office to enforce the 1436 provisions of this chapter, a consumer complaint and other 1437 information relative to an investigation or examination shall 1438 remain confidential and exempt from s. 119.07(1) after the 1439 investigation or examination is completed or ceases to be active 1440 to the extent disclosure would: 1441 1. Jeopardize the integrity of another active investigation 1442 or examination. 1443 2. Reveal the name, address, telephone number, social 1444 security number, or any other identifying number or information 1445 of any complainant, customer, or account holder. 1446 3. Disclose the identity of a confidential source. 1447 4. Disclose investigative techniques or procedures. 14485.Reveal a trade secret as defined in s. 688.002.1449 Section 50. Subsection (2) of section 526.311, Florida 1450 Statutes, is amended to read: 1451 526.311 Enforcement; civil penalties; injunctive relief.— 1452 (2) The Department of Agriculture and Consumer Services 1453 shall investigate any complaints regarding violations of this 1454 act and may request in writing the production of documents and 1455 records as part of its investigation of a complaint. If the 1456 person upon whom such request was made fails to produce the 1457 documents or records within 30 days after the date of the 1458 request, the department, through the department’s office of 1459 general counsel, may issue and serve a subpoena to compel the 1460 production of such documents and records. If any person shall 1461 refuse to comply with a subpoena issued under this section, the 1462 department may petition a court of competent jurisdiction to 1463 enforce the subpoena and assess such sanctions as the court may 1464 direct. Refiners shall afford the department reasonable access 1465 to the refiners’ posted terminal price. Any records, documents, 1466 papers, maps, books, tapes, photographs, files, sound 1467 recordings, or other business material, regardless of form or 1468 characteristics, obtained by the department are confidential and 1469 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 1470 of the State Constitution while the investigation is pending. At 1471 the conclusion of an investigation, any matter determined by the 1472 department or by a judicial or administrative body, federal or 1473 state, to bea trade secret orproprietary confidential business 1474 information held by the department pursuant to such 1475 investigation shall be considered confidential and exempt from 1476 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State 1477 Constitution. Such materials may be used in any administrative 1478 or judicial proceeding so long as the confidential or 1479 proprietary nature of the material is maintained. 1480 Section 51. Paragraph (e) of subsection (1) of section 1481 548.062, Florida Statutes, is amended to read: 1482 548.062 Public records exemption.— 1483 (1) As used in this section, the term “proprietary 1484 confidential business information” means information that: 1485 (e) Concerns any of the following: 1486 1. The number of ticket sales for a match; 1487 2. The amount of gross receipts after a match; 14883.A trade secret, as defined in s. 688.002;1489 3.4.Business plans; 1490 4.5.Internal auditing controls and reports of internal 1491 auditors; or 1492 5.6.Reports of external auditors. 1493 Section 52. Paragraph (a) of subsection (1) of section 1494 556.113, Florida Statutes, is amended to read: 1495 556.113 Sunshine State One-Call of Florida, Inc.; public 1496 records exemption.— 1497 (1) As used in this section, the term “proprietary 1498 confidential business information” means information provided 1499 by: 1500 (a) A member operator which is a map, plan, facility 1501 location diagram, internal damage investigation report or 1502 analysis, or dispatch methodology,or trade secret as defined in1503s. 688.002,or which describes the exact location of a utility 1504 underground facility or the protection, repair, or restoration 1505 thereof, and: 1506 1. Is intended to be and is treated by the member operator 1507 as confidential; 1508 2. The disclosure of which would likely be used by a 1509 competitor to harm the business interests of the member operator 1510 or could be used for the purpose of inflicting damage on 1511 underground facilities; and 1512 3. Is not otherwise readily ascertainable or publicly 1513 available by proper means by other persons from another source 1514 in the same configuration as provided to Sunshine State One-Call 1515 of Florida, Inc. 1516 Section 53. Paragraph (b) of subsection (2) of section 1517 559.5558, Florida Statutes, is amended to read: 1518 559.5558 Public records exemption; investigations and 1519 examinations.— 1520 (2) 1521 (b) Information made confidential and exempt pursuant to 1522 this section is no longer confidential and exempt once the 1523 investigation or examination is completed or ceases to be active 1524 unless disclosure of the information would: 1525 1. Jeopardize the integrity of another active investigation 1526 or examination. 1527 2. Reveal the personal identifying information of a 1528 consumer, unless the consumer is also the complainant. A 1529 complainant’s personal identifying information is subject to 1530 disclosure after the investigation or examination is completed 1531 or ceases to be active. However, a complainant’s personal 1532 financial and health information remains confidential and 1533 exempt. 1534 3. Reveal the identity of a confidential source. 1535 4. Reveal investigative or examination techniques or 1536 procedures. 15375.Reveal trade secrets, as defined in s. 688.002.1538 Section 54. Paragraph (c) of subsection (3) of section 1539 559.9285, Florida Statutes, is amended to read: 1540 559.9285 Certification of business activities.— 1541 (3) The department shall specify by rule the form of each 1542 certification under this section which shall include the 1543 following information: 1544 (c) The legal name, any trade names or fictitious names, 1545 mailing address, physical address, telephone number or numbers, 1546 facsimile number or numbers, and all Internet and electronic 1547 contact information of every other commercial entity with which 1548 the certifying party engages in business or commerce that is 1549 related in any way to the certifying party’s business or 1550 commerce with any terrorist state. The information disclosed 1551 pursuant to this paragraph does not constitute customer lists 1552 or,customer names, or trade secretsprotected under s. 1553 570.544(8) or trade secrets protected under s. 688.01. 1554 Section 55. Subsection (2) of section 560.129, Florida 1555 Statutes, is amended to read: 1556 560.129 Confidentiality.— 1557 (2) All information obtained by the office in the course of 1558 its investigation or examinationwhich is a trade secret, as1559defined in s. 688.002, orwhich is personal financial 1560 information shall remain confidential and exempt from s. 1561 119.07(1) and s. 24(a), Art. I of the State Constitution. If any 1562 administrative, civil, or criminal proceeding against a money 1563 services business, its authorized vendor, or an affiliated party 1564 is initiated and the office seeks to use matter that a licensee 1565 believes to bea trade secret orpersonal financial information, 1566 such records shall be subject to an in camera review by the 1567 administrative law judge, if the matter is before the Division 1568 of Administrative Hearings, or a judge of any court of this 1569 state, any other state, or the United States, as appropriate, 1570 for the purpose of determining if the matter isa trade secret1571or ispersonal financial information.If it is determined that1572the matter is a trade secret, the matter shall remain1573confidential.If it is determined that the matter is personal 1574 financial information, the matter shall remain confidential 1575 unless the administrative law judge or judge determines that, in 1576 the interests of justice, the matter should become public. 1577 Section 56. Subsection (2) of section 569.215, Florida 1578 Statutes, is amended to read: 1579 569.215 Confidential records relating to tobacco settlement 1580 agreement.— 1581 (2) As used in this section, the term “proprietary 1582 confidential business information” means information, regardless 1583 of form or characteristics, which is owned or controlled by a 1584 tobacco company that is a signatory to the settlement agreement, 1585 as amended, in the case of State of Florida et al. v. American 1586 Tobacco Company et al., No. 95-1466AH, in the Circuit Court of 1587 the Fifteenth Judicial Circuit, in and for Palm Beach County, is 1588 intended to be and is treated by a tobacco company as private in 1589 that the disclosure of the information would cause harm to the 1590 company’s business operations, and has not been disclosed unless 1591 disclosed pursuant to a statutory provision, an order of a court 1592 or administrative body, or private agreement that provides that 1593 the information will not be released to the public. The term 1594 includes, but is not limited to: 1595(a)Trade secrets as defined in s. 688.002.1596 (a)(b)Information in a Form 10-K that is confidential 1597 pursuant to an order of the Division of Corporation Finance of 1598 the Securities and Exchange Commission. 1599 (b)(c)Internal auditing control policies and procedures 1600 and reports of internal auditors. 1601 (c)(d)Financial operating and marketing information 1602 prepared in the ordinary course of business, the disclosure of 1603 which could impair the competitive business of the provider of 1604 information. 1605 (d)(e)Financial statements, which consist of balance 1606 sheets, statements of income and cash flows, and notes related 1607 thereto, of any subsidiary that is part of a consolidated group 1608 and engaged in the production or sale of tobacco products. 1609 (e)(f)Report letters from independent auditors relating to 1610 domestic operating company income. 1611 (f)(g)Analyses of specific items of revenue and expense 1612 included in operating profit and extraordinary items. As used in 1613 this paragraph, the term “extraordinary items” consists of one 1614 time tobacco litigation settlement costs and restructuring 1615 charges. 1616 (g)(h)Working papers, schedules, analyses, and 1617 reconciliations prepared by company personnel for the purpose of 1618 clarifying the disclosures of domestic tobacco revenues and 1619 operating profit contained in financial statements or other 1620 information related to the sale or production of tobacco 1621 products. 1622 Section 57. Subsection (3) of section 570.48, Florida 1623 Statutes, is amended to read: 1624 570.48 Division of Fruit and Vegetables; powers and duties; 1625 records.—The duties of the Division of Fruit and Vegetables 1626 include, but are not limited to: 1627 (3) Maintaining the records of the division. The records of 1628 the division are public records.; however, trade secrets as1629defined in s. 812.081 are confidential and exempt from s.1630119.07(1) and s. 24(a), Art. I of the State Constitution. This1631subsection is subject to the Open Government Sunset Review Act1632in accordance with s. 119.15 and shall stand repealed on October16332, 2021, unless reviewed and saved from repeal through1634reenactment by the Legislature. ThisSection 688.01 may not be 1635 construed to prohibit:1636(a)A disclosure necessary to enforcement procedures.1637(b)The department from releasing information to other1638governmental agencies. Other governmental agencies that receive1639confidential information from the department under this1640subsection shall maintain the confidentiality of that1641information.1642(c)the department or other agencies from compiling and 1643 publishing appropriate data regarding procedures, yield, 1644 recovery, quality, and related matters, provided such released 1645 data do not reveal by whom the activity to which the data relate 1646 was conducted. 1647 Section 58. Subsection (8) of section 570.544, Florida 1648 Statutes, is amended to read: 1649 570.544 Division of Consumer Services; director; powers; 1650 processing of complaints; records.— 1651 (8) The records of the Division of Consumer Services are 1652 public records. However, customer lists and,customer names, and1653trade secretsare confidential and exempt from the provisions of 1654 s. 119.07(1). Disclosure necessary to enforcement procedures 1655 does not violate this prohibition. 1656 Section 59. Subsection (2) of section 573.123, Florida 1657 Statutes, is amended, and present subsections (3) and (4) of 1658 that section are renumbered as subsections (2) and (3), 1659 respectively, to read: 1660 573.123 Maintenance and production of records.— 1661(2)Information that, if disclosed, would reveal a trade1662secret, as defined in s. 812.081, of any person subject to a1663marketing order is confidential and exempt from s. 119.07(1) and1664s. 24(a), Art. I of the State Constitution and may not be1665disclosed except to an attorney who provides legal advice to the1666division about enforcing a marketing order or by court order. A1667person who receives confidential information under this1668subsection shall maintain the confidentiality of that1669information. This subsection is subject to the Open Government1670Sunset Review Act in accordance with s. 119.15 and shall stand1671repealed on October 2, 2021, unless reviewed and saved from1672repeal through reenactment by the Legislature.1673 Section 60. Section 581.199, Florida Statutes, is repealed. 1674 Section 61. Paragraph (b) of subsection (8) of section 1675 601.10, Florida Statutes, is amended, and present paragraph (c) 1676 of that subsection is redesignated as paragraph (b), to read: 1677 601.10 Powers of the Department of Citrus.—The department 1678 shall have and shall exercise such general and specific powers 1679 as are delegated to it by this chapter and other statutes of the 1680 state, which powers shall include, but are not limited to, the 1681 following: 1682 (8) 1683(b)Any information provided to the department which1684constitutes a trade secret as defined in s. 812.081 is1685confidential and exempt from s. 119.07(1) and s. 24(a), Art. I1686of the State Constitution. This paragraph is subject to the Open1687Government Sunset Review Act in accordance with s. 119.15 and1688shall stand repealed on October 2, 2021, unless reviewed and1689saved from repeal through reenactment by the Legislature.1690 Section 62. Paragraph (d) of subsection (7) of section 1691 601.15, Florida Statutes, is amended to read: 1692 601.15 Advertising campaign; methods of conducting; 1693 assessments; emergency reserve fund; citrus research.— 1694 (7) All assessments levied and collected under this chapter 1695 shall be paid into the State Treasury on or before the 15th day 1696 of each month. Such moneys shall be accounted for in a special 1697 fund to be designated as the Florida Citrus Advertising Trust 1698 Fund, and all moneys in such fund are appropriated to the 1699 department for the following purposes: 1700 (d)1. The pro rata portion of moneys allocated to each type 1701 of citrus product in noncommodity programs shall be used by the 1702 department to encourage substantial increases in the 1703 effectiveness, frequency, and volume of noncommodity 1704 advertising, merchandising, publicity, and sales promotion of 1705 such citrus products through rebates and incentive payments to 1706 handlers and trade customers for these activities. The 1707 department shall adopt rules providing for the use of such 1708 moneys. The rules shall establish alternate incentive programs, 1709 including at least one incentive program for product sold under 1710 advertised brands, one incentive program for product sold under 1711 private label brands, and one incentive program for product sold 1712 in bulk. For each incentive program, the rules must establish 1713 eligibility and performance requirements and must provide 1714 appropriate limitations on amounts payable to a handler or trade 1715 customer for a particular season. Such limitations may relate to 1716 the amount of citrus assessments levied and collected on the 1717 citrus product handled by such handler or trade customer during 1718 a 12-month representative period. 1719 2. The department may require from participants in 1720 noncommodity advertising and promotional programs commercial 1721 information necessary to determine eligibility for and 1722 performance in such programs.Any information required which1723constitutes a trade secret as defined in s. 812.081 is1724confidential and exempt from s. 119.07(1) and s. 24(a), Art. I1725of the State Constitution. This subparagraph is subject to the1726Open Government Sunset Review Act in accordance with s. 119.151727and shall stand repealed on October 2, 2021, unless reviewed and1728saved from repeal through reenactment by the Legislature.1729 Section 63. Paragraph (c) of subsection (8) of section 1730 601.152, Florida Statutes, is amended to read: 1731 601.152 Special marketing orders.— 1732 (8) 1733 (c)1.Every handler shall, at such times as the department 1734 may require, file with the department a return, not under oath, 1735 on forms to be prescribed and furnished by the department, 1736 certified as true and correct, stating the quantity of the type, 1737 variety, and form of citrus fruit or citrus product specified in 1738 the marketing order first handled in the primary channels of 1739 trade in the state by such handler during the period of time 1740 specified in the marketing order. Such returns must contain any 1741 further information deemed by the department to be reasonably 1742 necessary to properly administer or enforce this section or any 1743 marketing order implemented under this section. 17442.Information that, if disclosed, would reveal a trade1745secret, as defined in s. 812.081, of any person subject to a1746marketing order is confidential and exempt from s. 119.07(1) and1747s. 24(a), Art. I of the State Constitution. This subparagraph is1748subject to the Open Government Sunset Review Act in accordance1749with s. 119.15 and shall stand repealed on October 2, 2021,1750unless reviewed and saved from repeal through reenactment by the1751Legislature.1752 Section 64. Section 601.76, Florida Statutes, is repealed. 1753 Section 65. Subsection (6) of section 607.0505, Florida 1754 Statutes, is amended to read: 1755 607.0505 Registered agent; duties.— 1756 (6) Information provided to, and records and transcriptions 1757 of testimony obtained by, the Department of Legal Affairs 1758 pursuant to this section are confidential and exempt from the 1759 provisions of s. 119.07(1) while the investigation is active. 1760 For purposes of this section, an investigation shall be 1761 considered “active” while such investigation is being conducted 1762 with a reasonable, good faith belief that it may lead to the 1763 filing of an administrative, civil, or criminal proceeding. An 1764 investigation does not cease to be active so long as the 1765 department is proceeding with reasonable dispatch and there is a 1766 good faith belief that action may be initiated by the department 1767 or other administrative or law enforcement agency. Except for 1768 active criminal intelligence or criminal investigative 1769 information, as defined in s. 119.011, and information which, if 1770 disclosed,would reveal a trade secret, as defined in s.1771688.002, orwould jeopardize the safety of an individual, all 1772 information, records, and transcriptions become public record 1773 when the investigation is completed or ceases to be active. The 1774 department shall not disclose confidential information, records, 1775 or transcriptions of testimony except pursuant to the 1776 authorization by the Attorney General in any of the following 1777 circumstances: 1778 (a) To a law enforcement agency participating in or 1779 conducting a civil investigation under chapter 895, or 1780 participating in or conducting a criminal investigation. 1781 (b) In the course of filing, participating in, or 1782 conducting a judicial proceeding instituted pursuant to this 1783 section or chapter 895. 1784 (c) In the course of filing, participating in, or 1785 conducting a judicial proceeding to enforce an order or judgment 1786 entered pursuant to this section or chapter 895. 1787 (d) In the course of a criminal or civil proceeding. 1788 1789 A person or law enforcement agency which receives any 1790 information, record, or transcription of testimony that has been 1791 made confidential by this subsection shall maintain the 1792 confidentiality of such material and shall not disclose such 1793 information, record, or transcription of testimony except as 1794 provided for herein. Any person who willfully discloses any 1795 information, record, or transcription of testimony that has been 1796 made confidential by this subsection, except as provided for 1797 herein, is guilty of a misdemeanor of the first degree, 1798 punishable as provided in s. 775.082 or s. 775.083. If any 1799 information, record, or testimony obtained pursuant to 1800 subsection (2) is offered in evidence in any judicial 1801 proceeding, the court may, in its discretion, seal that portion 1802 of the record to further the policies of confidentiality set 1803 forth herein. 1804 Section 66. Subsection (6) of section 617.0503, Florida 1805 Statutes, is amended to read: 1806 617.0503 Registered agent; duties; confidentiality of 1807 investigation records.— 1808 (6) Information provided to, and records and transcriptions 1809 of testimony obtained by, the Department of Legal Affairs 1810 pursuant to this section are confidential and exempt from the 1811 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 1812 Constitution while the investigation is active. For purposes of 1813 this section, an investigation shall be considered “active” 1814 while such investigation is being conducted with a reasonable, 1815 good faith belief that it may lead to the filing of an 1816 administrative, civil, or criminal proceeding. An investigation 1817 does not cease to be active so long as the department is 1818 proceeding with reasonable dispatch and there is a good faith 1819 belief that action may be initiated by the department or other 1820 administrative or law enforcement agency. Except for active 1821 criminal intelligence or criminal investigative information, as 1822 defined in s. 119.011, and information which, if disclosed, 1823would reveal a trade secret, as defined in s. 688.002, orwould 1824 jeopardize the safety of an individual, all information, 1825 records, and transcriptions become available to the public when 1826 the investigation is completed or ceases to be active. The 1827 department shall not disclose confidential information, records, 1828 or transcriptions of testimony except pursuant to authorization 1829 by the Attorney General in any of the following circumstances: 1830 (a) To a law enforcement agency participating in or 1831 conducting a civil investigation under chapter 895, or 1832 participating in or conducting a criminal investigation. 1833 (b) In the course of filing, participating in, or 1834 conducting a judicial proceeding instituted pursuant to this 1835 section or chapter 895. 1836 (c) In the course of filing, participating in, or 1837 conducting a judicial proceeding to enforce an order or judgment 1838 entered pursuant to this section or chapter 895. 1839 (d) In the course of a criminal proceeding. 1840 1841 A person or law enforcement agency that receives any 1842 information, record, or transcription of testimony that has been 1843 made confidential by this subsection shall maintain the 1844 confidentiality of such material and shall not disclose such 1845 information, record, or transcription of testimony except as 1846 provided for herein. Any person who willfully discloses any 1847 information, record, or transcription of testimony that has been 1848 made confidential by this subsection, except as provided for in 1849 this subsection, commits a misdemeanor of the first degree, 1850 punishable as provided in s. 775.082 or s. 775.083. If any 1851 information, record, or testimony obtained pursuant to 1852 subsection (2) is offered in evidence in any judicial 1853 proceeding, the court may, in its discretion, seal that portion 1854 of the record to further the policies of confidentiality set 1855 forth in this subsection. 1856 Section 67. Paragraph (c) of subsection (1) of section 1857 624.4212, Florida Statutes, is amended to read: 1858 624.4212 Confidentiality of proprietary business and other 1859 information.— 1860 (1) As used in this section, the term “proprietary business 1861 information” means information, regardless of form or 1862 characteristics, which is owned or controlled by an insurer, or 1863 a person or an affiliated person who seeks acquisition of 1864 controlling stock in a domestic stock insurer or controlling 1865 company, and which: 1866 (c) Includes: 18671.Trade secrets as defined in s. 688.002 which comply with1868s. 624.4213.1869 1.2.Information relating to competitive interests, the 1870 disclosure of which would impair the competitive business of the 1871 provider of the information. 1872 2.3.The source, nature, and amount of the consideration 1873 used or to be used in carrying out a merger or other acquisition 1874 of control in the ordinary course of business, including the 1875 identity of the lender, if the person filing a statement 1876 regarding consideration so requests. 1877 3.4.Information relating to bids or other contractual 1878 data, the disclosure of which would impair the efforts of the 1879 insurer or its affiliates to contract for goods or services on 1880 favorable terms. 1881 4.5.Internal auditing controls and reports of internal 1882 auditors. 1883 Section 68. Section 624.4213, Florida Statutes, is 1884 repealed. 1885 Section 69. Paragraph (d) of subsection (1) of section 1886 626.84195, Florida Statutes, is amended to read: 1887 626.84195 Confidentiality of information supplied by title 1888 insurance agencies and insurers.— 1889 (1) As used in this section, the term “proprietary business 1890 information” means information that: 1891 (d) Concerns: 1892 1. Business plans; 1893 2. Internal auditing controls and reports of internal 1894 auditors; 1895 3. Reports of external auditors for privately held 1896 companies; 18974.Trade secrets, as defined in s. 688.002;or 1898 4.5.Financial information, including revenue data, loss 1899 expense data, gross receipts, taxes paid, capital investment, 1900 and employee wages. 1901 Section 70. Subsection (2) of section 626.884, Florida 1902 Statutes, is amended to read: 1903 626.884 Maintenance of records by administrator; access; 1904 confidentiality.— 1905 (2) The office shall have access to books and records 1906 maintained by the administrator for the purpose of examination, 1907 audit, and inspection.Information contained in such books and1908records is confidential and exempt from the provisions of s.1909119.07(1) if the disclosure of such information would reveal a1910trade secret as defined in s. 688.002. However, the office may1911use such information in any proceeding instituted against the1912administrator.1913 Section 71. Subsection (1) of section 626.9936, Florida 1914 Statutes, is amended to read: 1915 626.9936 Access to records.— 1916 (1) Notwithstanding subsections (1) and (2) of Article 1917 VIII, subsection (2) of Article X, and subsection (6) of Article 1918 XII of the Interstate Insurance Product Regulation Compact, a 1919 request by a resident of this state for public inspection and 1920 copying of information, data, or official records that includes:1921(a)An insurer’s trade secrets shall be referred to the1922commissioner who shall respond to the request, with the1923cooperation and assistance of the commission, in accordance with1924s. 624.4213; or1925(b)matters of privacy of individuals shall be referred to 1926 the commissioner who shall respond to the request, with the 1927 cooperation and assistance of the commission, in accordance with 1928 s. 119.07(1). 1929 Section 72. Paragraph (g) of subsection (3) of section 1930 627.0628, Florida Statutes, is amended to read: 1931 627.0628 Florida Commission on Hurricane Loss Projection 1932 Methodology; public records exemption; public meetings 1933 exemption.— 1934 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.— 1935 (g)1.A trade secret, as defined in s. 688.002, which is1936used in designing and constructing a hurricane or flood loss1937model and which is provided pursuant to this section, by a1938private company, to the commission, office, or consumer advocate1939appointed pursuant to s. 627.0613 is confidential and exempt1940from s. 119.07(1) and s. 24(a), Art. I of the State1941Constitution.1942 1.2.a.That portion of a meeting of the commission or of a 1943 rate proceeding on an insurer’s rate filing at which a trade 1944 secret made confidential and exempt pursuant to s. 688.01by1945this paragraphis discussed is exempt from s. 286.011 and s. 1946 24(b), Art. I of the State Constitution. The closed meeting must 1947 be recorded, and no portion of the closed meeting may be off the 1948 record. 1949 2.b.The recording of a closed portion of a meeting is 1950 exempt from s. 119.07(1) and s. 24(a), Art. I of the State 1951 Constitution. 1952 3.c.This paragraph is subject to the Open Government 1953 Sunset Review Act in accordance with s. 119.15 and shall stand 1954 repealed on October 2, 2019, unless reviewed and saved from 1955 repeal through reenactment by the Legislature. 1956 Section 73. Paragraph (a) of subsection (11) of section 1957 627.3518, Florida Statutes, is amended to read: 1958 627.3518 Citizens Property Insurance Corporation 1959 policyholder eligibility clearinghouse program.—The purpose of 1960 this section is to provide a framework for the corporation to 1961 implement a clearinghouse program by January 1, 2014. 1962 (11) Proprietary business information provided to the 1963 corporation’s clearinghouse by insurers with respect to 1964 identifying and selecting risks for an offer of coverage is 1965 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I 1966 of the State Constitution. 1967 (a) As used in this subsection, the term “proprietary 1968 business information” means information, regardless of form or 1969 characteristics, which is owned or controlled by an insurer and: 1970 1. Is identified by the insurer as proprietary business 1971 information and is intended to be and is treated by the insurer 1972 as private in that the disclosure of the information would cause 1973 harm to the insurer, an individual, or the company’s business 1974 operations and has not been disclosed unless disclosed pursuant 1975 to a statutory requirement, an order of a court or 1976 administrative body, or a private agreement that provides that 1977 the information will not be released to the public; 1978 2. Is not otherwise readily ascertainable or publicly 1979 available by proper means by other persons from another source 1980 in the same configuration as provided to the clearinghouse; and 1981 3. Includes, but is not limited to:1982a.Trade secrets.1983b.information relating to competitive interests, the 1984 disclosure of which would impair the competitive business of the 1985 provider of the information. 1986 1987 Proprietary business information may be found in underwriting 1988 criteria or instructions which are used to identify and select 1989 risks through the program for an offer of coverage and are 1990 shared with the clearinghouse to facilitate the shopping of 1991 risks with the insurer. 1992 Section 74. Present subsections (4), (5), (14), and (15) of 1993 section 655.057, Florida Statutes, are amended, and present 1994 subsections (5) through (15) of that section are renumbered as 1995 subsections (4) through (14), respectively, to read: 1996 655.057 Records; limited restrictions upon public access.— 1997(4)Except as otherwise provided in this section and except1998for those portions that are otherwise public record, trade1999secrets as defined in s. 688.002 which comply with s. 655.05912000and which are held by the office in accordance with its2001statutory duties with respect to the financial institutions2002codes are confidential and exempt from s. 119.07(1) and s.200324(a), Art. I of the State Constitution.2004 (4)(5)Neither this section nor s. 688.01 prevents or 2005 restrictsdoes not preventorrestrict: 2006 (a) Publishing reports that are required to be submitted to 2007 the office pursuant to s. 655.045(2) or required by applicable 2008 federal statutes or regulations to be published. 2009 (b) Furnishing records or information to any other state, 2010 federal, or foreign agency responsible for the regulation or 2011 supervision of financial institutions. 2012 (c) Disclosing or publishing summaries of the condition of 2013 financial institutions and general economic and similar 2014 statistics and data, provided that the identity of a particular 2015 financial institution is not disclosed. 2016 (d) Reporting any suspected criminal activity, with 2017 supporting documents and information, to appropriate law 2018 enforcement and prosecutorial agencies. 2019 (e) Furnishing information upon request to the Chief 2020 Financial Officer or the Division of Treasury of the Department 2021 of Financial Services regarding the financial condition of any 2022 financial institution that is, or has applied to be, designated 2023 as a qualified public depository pursuant to chapter 280. 2024 (f) Furnishing information to Federal Home Loan Banks 2025 regarding its member institutions pursuant to an information 2026 sharing agreement between the Federal Home Loan Banks and the 2027 office. 2028 2029 Any confidential information or records obtained from the office 2030 pursuant to this subsection shall be maintained as confidential 2031 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State 2032 Constitution. 2033 (13)(14)SubsectionSubsections(3) isand (4) aresubject 2034 to the Open Government Sunset Review Act in accordance with s. 2035 119.15 and isarerepealed on October 2, 2019, unless reviewed 2036 and saved from repeal through reenactment by the Legislature. 2037 (14)(15)Subsections (1), (2), (4)(5), and (8)(9)are 2038 subject to the Open Government Sunset Review Act in accordance 2039 with s. 119.15 and are repealed on October 2, 2022, unless 2040 reviewed and saved from repeal through reenactment by the 2041 Legislature. 2042 Section 75. Section 655.0591, Florida Statutes, is 2043 repealed. 2044 Section 76. Subsection (11) of section 663.533, Florida 2045 Statutes, is amended to read: 2046 663.533 Applicability of the financial institutions codes. 2047 A qualified limited service affiliate is subject to the 2048 financial institutions codes. Without limiting the foregoing, 2049 the following provisions are applicable to a qualified limited 2050 service affiliate: 2051 (11) Section 688.01655.0591, relating to trade secret 2052 documents. 2053 2054 This section does not prohibit the office from investigating or 2055 examining an entity to ensure that it is not in violation of 2056 this chapter or applicable provisions of the financial 2057 institutions codes. 2058 Section 77. Section 721.071, Florida Statutes, is repealed. 2059 Section 78. Present subsections (3) and (4) of section 2060 815.04, Florida Statutes, are amended, and present subsection 2061 (5) of that section is renumbered as subsection (4), to read: 2062 815.04 Offenses against intellectual property; public2063records exemption.— 2064(3)Data, programs, or supporting documentation that is a2065trade secret as defined in s. 812.081, that is held by an agency2066as defined in chapter 119, and that resides or exists internal2067or external to a computer, computer system, computer network, or2068electronic device is confidential and exempt from the provisions2069of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.2070This subsection is subject to the Open Government Sunset Review2071Act in accordance with s. 119.15 and shall stand repealed on2072October 2, 2021, unless reviewed and saved from repeal through2073reenactment by the Legislature.2074 (3)(4)A person who willfully, knowingly, and without 2075 authorization discloses or takes data, programs, or supporting 2076 documentation that is a trade secret as defined in s. 812.081or2077is confidential as provided by lawresiding or existing internal 2078 or external to a computer, computer system, computer network, or 2079 electronic device commits an offense against intellectual 2080 property. 2081 Section 79. Section 815.045, Florida Statutes, is repealed. 2082 Section 80. Subsection (2) of section 1004.22, Florida 2083 Statutes, is amended to read: 2084 1004.22 Divisions of sponsored research at state 2085 universities.— 2086 (2) The university shall set such policies to regulate the 2087 activities of the divisions of sponsored research as it may 2088 consider necessary to administer the research programs in a 2089 manner which assures efficiency and effectiveness, producing the 2090 maximum benefit for the educational programs and maximum service 2091 to the state. To this end, materials that relate to methods of 2092 manufacture or production,potential trade secrets,potentially 2093 patentable material,actual trade secrets,business 2094 transactions, or proprietary information received, generated, 2095 ascertained, or discovered during the course of research 2096 conducted within the state universities shall be confidential 2097 and exempt from the provisions of s. 119.07(1), except that a 2098 division of sponsored research shall make available upon request 2099 the title and description of a research project, the name of the 2100 researcher, and the amount and source of funding provided for 2101 such project. 2102 Section 81. Paragraph (c) of subsection (2) and subsections 2103 (3), (4), and (7) of section 1004.30, Florida Statutes, are 2104 amended, and paragraph (d) of subsection (2) of that section is 2105 redesignated as paragraph (c), to read: 2106 1004.30 University health services support organization; 2107 confidentiality of information.— 2108 (2) The following university health services support 2109 organization’s records and information are confidential and 2110 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I 2111 of the State Constitution: 2112(c)Trade secrets, as defined in s. 688.002, including2113reimbursement methodologies and rates.2114 (3) Any portion of a governing board or peer review panel 2115 or committee meeting during which a confidential and exempt 2116 contract, document, record, or marketing plan,or trade secret,2117 as provided for in subsection (2), or a confidential and exempt 2118 trade secret, as provided for in s. 688.01, is discussed is 2119 exempt from the provisions of s. 286.011 and s. 24(b), Art. I of 2120 the State Constitution. 2121 (4) Those portions of any public record, such as a tape 2122 recording, minutes, and notes, generated during that portion of 2123 a governing board or peer review panel or committee meeting 2124 which is closed to the public pursuant to this section, which2125contain information relating to contracts, documents, records,2126marketing plans, or trade secrets which are made confidential2127and exempt by this section,are confidential and exempt from the 2128 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 2129 Constitution. 2130 (7) Those portions of any public record, such as a tape 2131 recording, minutes, or notes, generated during that portion of a 2132 governing board meeting at which negotiations for contracts for 2133 managed-care arrangements occur, are reported on, or are acted 2134 on by the governing board, which record is made confidential and 2135 exempt by subsection (4), shall become public records 2 years 2136 after the termination or completion of the term of the contract 2137 to which such negotiations relate or, if no contract was 2138 executed, 2 years after the termination of the negotiations. 2139 Notwithstanding paragraph (2)(a) and subsection (4), a 2140 university health services support organization must make 2141 available, upon request, the title and general description of a 2142 contract for managed-care arrangements, the names of the 2143 contracting parties, and the duration of the contract term. All 2144 contracts for managed-care arrangements which are made 2145 confidential and exempt by paragraph (2)(a), except those 2146 portions of any contract containing trade secrets which are made 2147 confidential and exempt by s. 688.01paragraph (2)(c), shall 2148 become public 2 years after the termination or completion of the 2149 term of the contract. 2150 Section 82. Paragraph (b) of subsection (8) of section 2151 1004.43, Florida Statutes, is amended to read: 2152 1004.43 H. Lee Moffitt Cancer Center and Research 2153 Institute.—There is established the H. Lee Moffitt Cancer Center 2154 and Research Institute, a statewide resource for basic and 2155 clinical research and multidisciplinary approaches to patient 2156 care. 2157 (8) 2158 (b) Proprietary confidential business information is 2159 confidential and exempt from the provisions of s. 119.07(1) and 2160 s. 24(a), Art. I of the State Constitution. However, the Auditor 2161 General, the Office of Program Policy Analysis and Government 2162 Accountability, and the Board of Governors, pursuant to their 2163 oversight and auditing functions, must be given access to all 2164 proprietary confidential business information upon request and 2165 without subpoena and must maintain the confidentiality of 2166 information so received. As used in this paragraph, the term 2167 “proprietary confidential business information” means 2168 information, regardless of its form or characteristics, which is 2169 owned or controlled by the not-for-profit corporation or its 2170 subsidiaries; is intended to be and is treated by the not-for 2171 profit corporation or its subsidiaries as private and the 2172 disclosure of which would harm the business operations of the 2173 not-for-profit corporation or its subsidiaries; has not been 2174 intentionally disclosed by the corporation or its subsidiaries 2175 unless pursuant to law, an order of a court or administrative 2176 body, a legislative proceeding pursuant to s. 5, Art. III of the 2177 State Constitution, or a private agreement that provides that 2178 the information may be released to the public; and which is 2179 information concerning: 2180 1. Internal auditing controls and reports of internal 2181 auditors; 2182 2. Matters reasonably encompassed in privileged attorney 2183 client communications; 2184 3. Contracts for managed-care arrangements, including 2185 preferred provider organization contracts, health maintenance 2186 organization contracts, and exclusive provider organization 2187 contracts, and any documents directly relating to the 2188 negotiation, performance, and implementation of any such 2189 contracts for managed-care arrangements; 2190 4. Bids or other contractual data, banking records, and 2191 credit agreements the disclosure of which would impair the 2192 efforts of the not-for-profit corporation or its subsidiaries to 2193 contract for goods or services on favorable terms; 2194 5. Information relating to private contractual data, the 2195 disclosure of which would impair the competitive interest of the 2196 provider of the information; 2197 6. Corporate officer and employee personnel information; 2198 7. Information relating to the proceedings and records of 2199 credentialing panels and committees and of the governing board 2200 of the not-for-profit corporation or its subsidiaries relating 2201 to credentialing; 2202 8. Minutes of meetings of the governing board of the not 2203 for-profit corporation and its subsidiaries, except minutes of 2204 meetings open to the public pursuant to subsection (9); 2205 9. Information that reveals plans for marketing services 2206 that the corporation or its subsidiaries reasonably expect to be 2207 provided by competitors; 2208 10.Trade secrets as defined in s. 688.002, including:2209a.Information relating to methods of manufacture or 2210 production,potential trade secrets,potentially patentable 2211 materials, or proprietary information received, generated, 2212 ascertained, or discovered during the course of research 2213 conducted by the not-for-profit corporation or its subsidiaries; 2214and2215 11.b.Reimbursement methodologies or rates; 2216 12.11.The identity of donors or prospective donors of 2217 property who wish to remain anonymous or any information 2218 identifying such donors or prospective donors. The anonymity of 2219 these donors or prospective donors must be maintained in the 2220 auditor’s report; or 2221 13.12.Any information received by the not-for-profit 2222 corporation or its subsidiaries from an agency in this or 2223 another state or nation or the Federal Government which is 2224 otherwise exempt or confidential pursuant to the laws of this or 2225 another state or nation or pursuant to federal law. 2226 2227 As used in this paragraph, the term “managed care” means systems 2228 or techniques generally used by third-party payors or their 2229 agents to affect access to and control payment for health care 2230 services. Managed-care techniques most often include one or more 2231 of the following: prior, concurrent, and retrospective review of 2232 the medical necessity and appropriateness of services or site of 2233 services; contracts with selected health care providers; 2234 financial incentives or disincentives related to the use of 2235 specific providers, services, or service sites; controlled 2236 access to and coordination of services by a case manager; and 2237 payor efforts to identify treatment alternatives and modify 2238 benefit restrictions for high-cost patient care. 2239 Section 83. Paragraph (a) of subsection (2) of section 2240 1004.4472, Florida Statutes, is amended to read: 2241 1004.4472 Florida Institute for Human and Machine 2242 Cognition, Inc.; public records exemption; public meetings 2243 exemption.— 2244 (2) The following information held by the corporation or 2245 its subsidiary is confidential and exempt from s. 119.07(1) and 2246 s. 24(a), Art. I of the State Constitution: 2247 (a) Material relating to methods of manufacture or 2248 production;,potential trade secrets,patentable material;,2249actual trade secrets as defined in s. 688.002 orproprietary 2250 information received, generated, ascertained, or discovered 2251 during the course of research conducted by or through the 2252 corporation or a subsidiary;,and business transactions 2253 resulting from such research. 2254 Section 84. Subsection (2) of section 1004.78, Florida 2255 Statutes, is amended to read: 2256 1004.78 Technology transfer centers at Florida College 2257 System institutions.— 2258 (2) The Florida College System institution board of 2259 trustees shall set such policies to regulate the activities of 2260 the technology transfer center as it may consider necessary to 2261 effectuate the purposes of this section and to administer the 2262 programs of the center in a manner which assures efficiency and 2263 effectiveness, producing the maximum benefit for the educational 2264 programs and maximum service to the state. To this end, 2265 materials that relate to methods of manufacture or production, 2266potential trade secrets,potentially patentable material,actual2267trade secrets,business transactions, or proprietary information 2268 received, generated, ascertained, or discovered during the 2269 course of activities conducted within the Florida College System 2270 institutions shall be confidential and exempt from the 2271 provisions of s. 119.07(1), except that a Florida College System 2272 institution shall make available upon request the title and 2273 description of a project, the name of the investigator, and the 2274 amount and source of funding provided for such project. 2275 Section 85. Section 601.80, Florida Statutes, is amended to 2276 read: 2277 601.80 Unlawful to use uncertified coloring matter.—It is 2278 unlawful for any person to use on oranges or citrus hybrids any 2279 coloring matter which has not first received the approval of the 2280 Department of Agricultureas provided under s. 601.76. 2281 Section 86. Present subsection (11) of section 663.533, 2282 Florida Statutes, is amended, and present subsections (12) and 2283 (13) of that section are renumbered as subsections (11) and 2284 (12), respectively, to read: 2285 663.533 Applicability of the financial institutions codes. 2286 A qualified limited service affiliate is subject to the 2287 financial institutions codes. Without limiting the foregoing, 2288 the following provisions are applicable to a qualified limited 2289 service affiliate: 2290(11)Section 655.0591, relating to trade secret documents.2291 2292 This section does not prohibit the office from investigating or 2293 examining an entity to ensure that it is not in violation of 2294 this chapter or applicable provisions of the financial 2295 institutions codes. 2296 Section 87. Paragraph (c) of subsection (12) of section 2297 721.13, Florida Statutes, is amended to read: 2298 721.13 Management.— 2299 (12) 2300 (c) The managing entity shall maintain copies of all 2301 records, data, and information supporting the processes, 2302 analyses, procedures, and methods utilized by the managing 2303 entity in its determination to reserve accommodations of the 2304 timeshare plan pursuant to this subsection for a period of 5 2305 years from the date of such determination. In the event of an 2306 investigation by the division for failure of a managing entity 2307 to comply with this subsection, the managing entity shall make 2308 all such records, data, and information available to the 2309 division for inspection, provided that if the managing entity2310complies with the provisions of s. 721.071, any such records,2311data, and information provided to the division shall constitute2312a trade secret pursuant to that section. 2313 Section 88. Paragraphs (a) and (c) of subsection (3) of 2314 section 921.0022, Florida Statutes, are amended to read: 2315 921.0022 Criminal Punishment Code; offense severity ranking 2316 chart.— 2317 (3) OFFENSE SEVERITY RANKING CHART 2318 (a) LEVEL 1 2319 2320 2321 FloridaStatute FelonyDegree Description 2322 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket. 2323 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection. 2324 212.15(2)(b) 3rd Failure to remit sales taxes, amount greater than $300 but less than $20,000. 2325 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer. 2326 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate. 2327 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer. 2328 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers. 2329 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification. 2330 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card. 2331 322.212(5)(a) 3rd False application for driver license or identification card. 2332 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. 2333 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits. 2334 509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300. 2335 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act. 2336 562.27(1) 3rd Possess still or still apparatus. 2337 713.69 3rd Tenant removes property upon which lien has accrued, value more than $50. 2338 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). 2339 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret. 2340 815.04(4)(a)815.04(5)(a)3rd Offense against intellectual property (i.e., computer programs, data). 2341 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services. 2342 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony. 2343 826.01 3rd Bigamy. 2344 828.122(3) 3rd Fighting or baiting animals. 2345 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. 2346 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. 2347 832.041(1) 3rd Stopping payment with intent to defraud $150 or more. 2348 832.05(2)(b) & (4)(c) 3rd Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 2349 838.15(2) 3rd Commercial bribe receiving. 2350 838.16 3rd Commercial bribery. 2351 843.18 3rd Fleeing by boat to elude a law enforcement officer. 2352 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). 2353 849.01 3rd Keeping gambling house. 2354 849.09(1)(a)-(d) 3rd Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. 2355 849.23 3rd Gambling-related machines; “common offender” as to property rights. 2356 849.25(2) 3rd Engaging in bookmaking. 2357 860.08 3rd Interfere with a railroad signal. 2358 860.13(1)(a) 3rd Operate aircraft while under the influence. 2359 893.13(2)(a)2. 3rd Purchase of cannabis. 2360 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams). 2361 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication. 2362 (c) LEVEL 3 2363 2364 2365 FloridaStatute FelonyDegree Description 2366 119.10(2)(b) 3rd Unlawful use of confidential information from police reports. 2367 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports. 2368 316.193(2)(b) 3rd Felony DUI, 3rd conviction. 2369 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated. 2370 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed. 2371 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home. 2372 319.33(1)(c) 3rd Procure or pass title on stolen vehicle. 2373 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration. 2374 327.35(2)(b) 3rd Felony BUI. 2375 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels. 2376 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number. 2377 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund. 2378 379.2431 (1)(e)5. 3rd Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act. 2379 379.2431 (1)(e)6. 3rd Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act. 2380 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act. 2381 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license. 2382 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information. 2383 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report. 2384 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information. 2385 624.401(4)(a) 3rd Transacting insurance without a certificate of authority. 2386 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000. 2387 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer. 2388 697.08 3rd Equity skimming. 2389 790.15(3) 3rd Person directs another to discharge firearm from a vehicle. 2390 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting. 2391 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty. 2392 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon. 2393 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000. 2394 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000. 2395 815.04(4)(b)815.04(5)(b)2nd Computer offense devised to defraud or obtain property. 2396 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000. 2397 817.233 3rd Burning to defraud insurer. 2398 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents. 2399 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000. 2400 817.236 3rd Filing a false motor vehicle insurance application. 2401 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card. 2402 817.413(2) 3rd Sale of used goods as new. 2403 828.12(2) 3rd Tortures any animal with intent to inflict intense pain, serious physical injury, or death. 2404 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument. 2405 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards. 2406 838.021(3)(b) 3rd Threatens unlawful harm to public servant. 2407 843.19 3rd Injure, disable, or kill police dog or horse. 2408 860.15(3) 3rd Overcharging for repairs and parts. 2409 870.01(2) 3rd Riot; inciting or encouraging. 2410 893.13(1)(a)2. 3rd Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs). 2411 893.13(1)(d)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of university. 2412 893.13(1)(f)2. 2nd Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) drugs within 1,000 feet of public housing facility. 2413 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances. 2414 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis. 2415 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance. 2416 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc. 2417 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance. 2418 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893. 2419 893.13(8)(a)1. 3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice. 2420 893.13(8)(a)2. 3rd Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance. 2421 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person. 2422 893.13(8)(a)4. 3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner. 2423 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence. 2424 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility. 2425 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution. 2426 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility). 2427 Section 89. This act shall take effect on the same date 2428 that SB ___ or similar legislation takes effect, if such 2429 legislation is adopted in the same legislative session or an 2430 extension thereof and becomes a law.