Bill Text: FL S1534 | 2020 | Regular Session | Introduced
Bill Title: Public Records
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Commerce and Tourism [S1534 Detail]
Download: Florida-2020-S1534-Introduced.html
Florida Senate - 2020 SB 1534
By Senator Baxley
12-01381-20 20201534__
1 A bill to be entitled
2 An act relating to public records; amending s.
3 73.0155, F.S.; deleting provisions relating to public
4 records exemptions for trade secrets held by
5 governmental condemning authorities; amending s.
6 119.071, F.S.; deleting a provision declaring that
7 certain data processing software exempt from public
8 records requirements is considered a trade secret;
9 deleting a scheduled repeal; amending s. 119.0713,
10 F.S.; removing trade secrets from the list of what
11 constitutes proprietary confidential business
12 information; amending s. 125.0104, F.S.; deleting
13 provisions exempting trade secrets held by county
14 tourism development agencies from public records
15 requirements; amending ss. 163.01 and 202.195, F.S.;
16 revising the definition of “proprietary confidential
17 business information”; amending s. 215.4401, F.S.;
18 revising the definition of “proprietary confidential
19 business information” to no longer include certain
20 trade secrets; deleting provisions relating to
21 confidentiality of trade secrets held by the State
22 Board of Administration; amending s. 252.88, F.S.;
23 deleting provisions exempting certain information from
24 public records requirements under the Florida
25 Emergency Planning and Community Right-to-Know Act;
26 repealing s. 252.943, F.S., relating to a public
27 records exemption under the Florida Accidental Release
28 Prevention and Risk Management Planning Act; amending
29 s. 287.0943, F.S.; revising the definition of
30 “proprietary confidential business information” to no
31 longer include certain trade secrets and contract
32 costs; amending s. 288.047, F.S.; deleting provisions
33 exempting potential trade secrets from public records
34 requirements; amending s. 288.075, F.S.; deleting the
35 definition of the term “trade secret”; deleting a
36 provision relating to a public records exemption for
37 trade secrets held by economic development agencies;
38 amending s. 288.1226, F.S.; deleting provisions
39 relating to a public records exemption for trade
40 secrets held by the Florida Tourism Industry Marketing
41 Corporation; deleting a scheduled repeal; amending s.
42 288.776, F.S.; deleting a provision relating to a
43 public records exemption for trade secrets held by the
44 Florida Export Finance Corporation; amending s.
45 288.9520, F.S.; deleting provisions relating to a
46 public records exemption for trade secrets and
47 potential trade secrets held by Enterprise Florida,
48 Inc., and related entities; amending s. 288.9607,
49 F.S.; deleting a provision relating to a public
50 records exemption for trade secrets held by the
51 Florida Development Finance Corporation; amending s.
52 288.9626, F.S.; revising the definition of
53 “proprietary confidential business information” to no
54 longer include certain trade secrets; revising public
55 records and public meetings exemptions relating to
56 trade secrets; conforming provisions to changes made
57 by the act; amending s. 288.9627, F.S.; revising the
58 definition of “proprietary confidential business
59 information” to no longer include certain trade
60 secrets; revising public records and public meetings
61 exemptions relating to trade secrets; conforming
62 provisions to changes made by the act; amending s.
63 331.326, F.S.; deleting provisions relating to a
64 public records exemption for trade secrets held by
65 Space Florida; removing a scheduled repeal; amending
66 s. 334.049, F.S.; deleting a provision relating to a
67 public records exemption for trade secrets held by the
68 Department of Transportation; amending s. 350.121,
69 F.S.; deleting a provision relating to public records
70 exemptions for trade secrets held by the Florida
71 Public Service Commission; amending ss. 364.183,
72 365.174, 366.093, 367.156, and 368.108, F.S.; revising
73 the definition of “proprietary confidential business
74 information” to no longer include certain trade
75 secrets; repealing s. 381.83, F.S., relating to
76 confidentiality of certain information containing
77 trade secrets obtained by the Department of Health;
78 amending s. 395.3035, F.S.; deleting provisions
79 relating to a public records exemption for trade
80 secrets of hospitals; amending s. 403.7046, F.S.;
81 revising provisions relating to an exemption for trade
82 secrets contained in certain reports to the Department
83 of Environmental Protection; removing a scheduled
84 repeal; repealing s. 403.73, F.S., relating to
85 confidentiality of certain information containing
86 trade secrets obtained by the Department of
87 Environmental Protection; amending s. 408.061, F.S.;
88 deleting a requirement that certain trade secret
89 information submitted to the Agency for Health Care
90 Administration be clearly designated as such; amending
91 s. 408.185, F.S.; deleting provisions relating to
92 public records exemptions for certain trade secrets
93 held by the Office of the Attorney General; amending
94 s. 408.910, F.S.; revising the definition of
95 “proprietary confidential business information” to no
96 longer include certain trade secrets; amending s.
97 409.91196, F.S.; revising provisions relating to
98 public records exemptions and public meetings
99 exemptions for trade secrets held by the Agency for
100 Health Care Administration; amending s. 440.108, F.S.;
101 deleting provisions relating to public records
102 exemptions for trade secrets held by the Department of
103 Financial Services; amending s. 494.00125, F.S.;
104 deleting provisions relating to public records
105 exemptions for trade secrets held by the Office of
106 Financial Regulation; amending s. 497.172, F.S.;
107 deleting provisions relating to public records
108 exemptions for trade secrets held by the Department of
109 Financial Services or the Board of Funeral, Cemetery,
110 and Consumer Services; amending ss. 499.012, 499.0121,
111 499.05, and 499.051, F.S.; deleting provisions
112 relating to public records exemptions for trade
113 secrets held by the Department of Business and
114 Professional Regulation; removing a scheduled repeal;
115 repealing s. 499.931, F.S., relating to maintenance of
116 information held by the Department of Business and
117 Professional Regulation which is deemed to be a trade
118 secret; amending s. 501.171, F.S.; revising the
119 definition of “proprietary confidential business
120 information” to no longer include certain trade
121 secrets; repealing s. 502.222, F.S., relating to trade
122 secrets of a dairy business which are held by the
123 Department of Agriculture and Consumer Services;
124 amending ss. 517.2015 and 520.9965, F.S.; deleting
125 provisions relating to public records exemptions for
126 trade secrets held by the Office of Financial
127 Regulation; amending s. 526.311, F.S.; deleting
128 provisions relating to public records exemptions for
129 trade secrets held by the Department of Agriculture
130 and Consumer Services; amending ss. 548.062 and
131 556.113, F.S.; revising the definition of “proprietary
132 confidential business information” to no longer
133 include certain trade secrets; amending s. 559.5558,
134 F.S.; deleting provisions relating to public records
135 exemptions for trade secrets held by the Office of
136 Financial Regulation; amending s. 559.9285, F.S.;
137 revising provisions specifying that certain
138 information provided to the Department of Agriculture
139 and Consumer Services does not constitute a trade
140 secret; amending s. 560.129, F.S.; deleting provisions
141 relating to public records exemptions for trade
142 secrets held by the Office of Financial Regulation;
143 amending s. 570.48, F.S.; deleting provisions relating
144 to public records exemptions for trade secrets held by
145 the Division of Fruit and Vegetables; removing a
146 scheduled repeal; revising construction; amending ss.
147 570.544 and 573.123, F.S.; deleting provisions
148 relating to public records exemptions for trade
149 secrets held by the Division of Consumer Services;
150 removing a scheduled repeal; repealing s. 581.199,
151 F.S., relating to a prohibition on the use of trade
152 secret information obtained under specified provisions
153 for personal use or gain; amending ss. 601.10, 601.15,
154 and 601.152, F.S.; deleting provisions relating to
155 public records exemptions for trade secrets held by
156 the Department of Citrus; removing scheduled repeals;
157 amending s. 601.76, F.S.; deleting provisions relating
158 to a public records exemption for certain formulas
159 filed with the Department of Agriculture; removing a
160 scheduled repeal; amending ss. 607.0505 and 617.0503,
161 F.S.; deleting provisions relating to public records
162 exemptions for certain information that might reveal
163 trade secrets held by the Department of Legal Affairs;
164 amending s. 624.307, F.S.; authorizing the Office of
165 Insurance Regulation to report, publish, or make
166 available certain information on an aggregate basis;
167 amending s. 624.315, F.S.; authorizing the Office of
168 Insurance Regulation to make certain information
169 available on an aggregate basis; amending s. 624.4212,
170 F.S.; revising the definition of “proprietary
171 confidential business information” to no longer
172 include certain trade secrets; revising what
173 confidential and exempt information the Office of
174 Insurance Regulation may disclose; repealing s.
175 624.4213, F.S., relating to trade secret documents
176 submitted to the Department of Financial Services or
177 the Office of Insurance Regulation; amending s.
178 626.84195, F.S.; revising the definition of
179 “proprietary confidential business information” to no
180 longer include certain trade secrets; amending s.
181 626.884, F.S.; deleting provisions relating to public
182 records exemptions for trade secrets held by the
183 Office of Insurance Regulation; amending s. 626.9936,
184 F.S.; revising provisions relating to a public records
185 exemption for trade secrets held by the Office of
186 Insurance Regulation; amending ss. 627.0628 and
187 627.3518, F.S.; revising provisions relating to public
188 records exemptions for trade secrets held by the
189 Florida Commission on Hurricane Loss Projection
190 Methodology or the Citizens Property Insurance
191 Corporation; amending s. 655.057, F.S.; revising
192 provisions relating to a public records exemption for
193 trade secrets held by the Office of Financial
194 Regulation; repealing s. 655.0591, F.S., relating to
195 trade secret documents held by the Office of Financial
196 Regulation; amending s. 663.533, F.S.; revising a
197 cross-reference; repealing s. 721.071, F.S., relating
198 to trade secret material filed with the Division of
199 Florida Condominiums, Timeshares, and Mobile Homes of
200 the Department of Business and Professional
201 Regulation; amending s. 815.04, F.S.; deleting a
202 public records exemption for certain trade secret
203 information relating to offenses against intellectual
204 property; removing a scheduled repeal; repealing s.
205 815.045, F.S., relating to trade secret information;
206 amending s. 1004.22, F.S.; revising provisions
207 relating to public records exemptions for trade
208 secrets and potential trade secrets received,
209 generated, ascertained, or discovered during the
210 course of research conducted within the state
211 universities; amending s. 1004.30, F.S.; revising
212 provisions relating to public records exemptions for
213 trade secrets held by state university health support
214 organizations; amending s. 1004.43, F.S.; revising
215 provisions relating to public records exemptions for
216 trade secrets and potential trade secrets held by the
217 H. Lee Moffitt Cancer Center and Research Institute;
218 amending s. 1004.4472, F.S.; revising provisions
219 relating to public records exemptions for trade
220 secrets and potential trade secrets held by the
221 Florida Institute for Human and Machine Cognition,
222 Inc.; amending s. 1004.78, F.S.; revising provisions
223 relating to public records exemptions for trade
224 secrets and potential trade secrets held by the
225 technology transfers centers at Florida College System
226 institutions; amending s. 601.80, F.S.; making a
227 technical change; amending ss. 663.533, 721.13, and
228 921.0022, F.S.; conforming provisions to changes made
229 by the act; reenacting s. 408.185(5), F.S., relating
230 to the confidentiality of information submitted for
231 review of antitrust issues; reenacting s. 425.045(2),
232 F.S., relating to meetings of trustees of certain
233 entities; providing a contingent effective date.
234
235 Be It Enacted by the Legislature of the State of Florida:
236
237 Section 1. Paragraph (e) of subsection (1) of section
238 73.0155, Florida Statutes, is amended to read:
239 73.0155 Confidentiality; business information provided to a
240 governmental condemning authority.—
241 (1) The following business information provided by the
242 owner of a business to a governmental condemning authority as
243 part of an offer of business damages under s. 73.015 is
244 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
245 of the State Constitution if the owner requests in writing that
246 the business information be held confidential and exempt:
247 (e) Materials that relate to methods of manufacture or
248 production or, potential trade secrets, patentable material, or
249 actual trade secrets as defined in s. 688.002.
250 Section 2. Paragraph (f) of subsection (1) of section
251 119.071, Florida Statutes, is amended to read:
252 119.071 General exemptions from inspection or copying of
253 public records.—
254 (1) AGENCY ADMINISTRATION.—
255 (f) Data processing software obtained by an agency under a
256 licensing agreement that prohibits its disclosure and which
257 software is a trade secret, as defined in s. 812.081, and
258 Agency-produced data processing software that is sensitive is
259 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
260 Constitution. The designation of agency-produced software as
261 sensitive does not prohibit an agency head from sharing or
262 exchanging such software with another public agency. This
263 paragraph is subject to the Open Government Sunset Review Act in
264 accordance with s. 119.15 and shall stand repealed on October 2,
265 2021, unless reviewed and saved from repeal through reenactment
266 by the Legislature.
267 Section 3. Paragraph (a) of subsection (4) of section
268 119.0713, Florida Statutes, is amended to read:
269 119.0713 Local government agency exemptions from inspection
270 or copying of public records.—
271 (4)(a) Proprietary confidential business information means
272 information, regardless of form or characteristics, which is
273 held by an electric utility that is subject to this chapter, is
274 intended to be and is treated by the entity that provided the
275 information to the electric utility as private in that the
276 disclosure of the information would cause harm to the entity
277 providing the information or its business operations, and has
278 not been disclosed unless disclosed pursuant to a statutory
279 provision, an order of a court or administrative body, or a
280 private agreement that provides that the information will not be
281 released to the public. Proprietary confidential business
282 information includes:
283 1. Trade secrets, as defined in s. 688.002.
284 1.2. Internal auditing controls and reports of internal
285 auditors.
286 2.3. Security measures, systems, or procedures.
287 3.4. Information concerning bids or other contractual data,
288 the disclosure of which would impair the efforts of the electric
289 utility to contract for goods or services on favorable terms.
290 4.5. Information relating to competitive interests, the
291 disclosure of which would impair the competitive business of the
292 provider of the information.
293 Section 4. Paragraph (d) of subsection (9) of section
294 125.0104, Florida Statutes, is amended to read:
295 125.0104 Tourist development tax; procedure for levying;
296 authorized uses; referendum; enforcement.—
297 (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
298 other powers and duties provided for agencies created for the
299 purpose of tourism promotion by a county levying the tourist
300 development tax, such agencies are authorized and empowered to:
301 (d) Undertake marketing research and advertising research
302 studies and provide reservations services and convention and
303 meetings booking services consistent with the authorized uses of
304 revenue as set forth in subsection (5).
305 1. Information given to a county tourism promotion agency
306 which, if released, would reveal the identity of persons or
307 entities who provide data or other information as a response to
308 a sales promotion effort, an advertisement, or a research
309 project or whose names, addresses, meeting or convention plan
310 information or accommodations or other visitation needs become
311 booking or reservation list data, is exempt from s. 119.07(1)
312 and s. 24(a), Art. I of the State Constitution.
313 2. The following information, When held by a county tourism
314 promotion agency, booking business records, as defined in s.
315 255.047, are is exempt from s. 119.07(1) and s. 24(a), Art. I of
316 the State Constitution.:
317 a. Booking business records, as defined in s. 255.047.
318 b. Trade secrets and commercial or financial information
319 gathered from a person and privileged or confidential, as
320 defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
321 amendments thereto.
322 3. A trade secret, as defined in s. 812.081, held by a
323 county tourism promotion agency is exempt from s. 119.07(1) and
324 s. 24(a), Art. I of the State Constitution. This subparagraph is
325 subject to the Open Government Sunset Review Act in accordance
326 with s. 119.15 and shall stand repealed on October 2, 2021,
327 unless reviewed and saved from repeal through reenactment by the
328 Legislature.
329 Section 5. Paragraph (m) of subsection (15) of section
330 163.01, Florida Statutes, is amended to read:
331 163.01 Florida Interlocal Cooperation Act of 1969.—
332 (15) Notwithstanding any other provision of this section or
333 of any other law except s. 361.14, any public agency of this
334 state which is an electric utility, or any separate legal entity
335 created pursuant to the provisions of this section, the
336 membership of which consists only of electric utilities, and
337 which exercises or proposes to exercise the powers granted by
338 part II of chapter 361, the Joint Power Act, may exercise any or
339 all of the following powers:
340 (m) In the event that any public agency or any such legal
341 entity, or both, should receive, in connection with its joint
342 ownership or right to the services, output, capacity, or energy
343 of an electric project, as defined in paragraph (3)(d), any
344 material which is designated by the person supplying such
345 material as proprietary confidential business information or
346 which a court of competent jurisdiction has designated as
347 confidential or secret shall be kept confidential and shall be
348 exempt from the provisions of s. 119.07(1). As used in this
349 paragraph, “proprietary confidential business information”
350 includes, but is not limited to, trade secrets; internal
351 auditing controls and reports of internal auditors; security
352 measures, systems, or procedures; information concerning bids or
353 other contractual data, the disclosure of which would impair the
354 efforts of the utility to contract for services on favorable
355 terms; employee personnel information unrelated to compensation,
356 duties, qualifications, or responsibilities; and formulas,
357 patterns, devices, combinations of devices, contract costs, or
358 other information the disclosure of which would injure the
359 affected entity in the marketplace.
360 Section 6. Subsection (2) of section 202.195, Florida
361 Statutes, is amended to read:
362 202.195 Proprietary confidential business information;
363 public records exemption.—
364 (2) For the purposes of this exemption, “proprietary
365 confidential business information” includes maps, plans, billing
366 and payment records, trade secrets, or other information
367 relating to the provision of or facilities for communications
368 service:
369 (a) That is intended to be and is treated by the company as
370 confidential;
371 (b) The disclosure of which would be reasonably likely to
372 be used by a competitor to harm the business interests of the
373 company; and
374 (c) That is not otherwise readily ascertainable or publicly
375 available by proper means by other persons from another source
376 in the same configuration as requested by the local governmental
377 entity.
378
379 Proprietary confidential business information does not include
380 schematics indicating the location of facilities for a specific
381 site that are provided in the normal course of the local
382 governmental entity’s permitting process.
383 Section 7. Paragraphs (a), (c), and (d) of subsection (3)
384 of section 215.4401, Florida Statutes, are amended to read:
385 215.4401 Board of Administration; public record
386 exemptions.—
387 (3)(a) As used in this subsection, the term:
388 1. “Alternative investment” means an investment by the
389 State Board of Administration in a private equity fund, venture
390 fund, hedge fund, or distress fund or a direct investment in a
391 portfolio company through an investment manager.
392 2. “Alternative investment vehicle” means the limited
393 partnership, limited liability company, or similar legal
394 structure or investment manager through which the State Board of
395 Administration invests in a portfolio company.
396 3. “Portfolio company” means a corporation or other issuer,
397 any of whose securities are owned by an alternative investment
398 vehicle or the State Board of Administration and any subsidiary
399 of such corporation or other issuer.
400 4. “Portfolio positions” means individual investments in
401 portfolio companies which are made by the alternative investment
402 vehicles, including information or specific investment terms
403 associated with any portfolio company investment.
404 5. “Proprietor” means an alternative investment vehicle, a
405 portfolio company in which the alternative investment vehicle is
406 invested, or an outside consultant, including the respective
407 authorized officers, employees, agents, or successors in
408 interest, which controls or owns information provided to the
409 State Board of Administration.
410 6. “Proprietary confidential business information” means
411 information that has been designated by the proprietor when
412 provided to the State Board of Administration as information
413 that is owned or controlled by a proprietor; that is intended to
414 be and is treated by the proprietor as private, the disclosure
415 of which would harm the business operations of the proprietor
416 and has not been intentionally disclosed by the proprietor
417 unless pursuant to a private agreement that provides that the
418 information will not be released to the public except as
419 required by law or legal process, or pursuant to law or an order
420 of a court or administrative body; and that concerns:
421 a. Trade secrets as defined in s. 688.002.
422 a.b. Information provided to the State Board of
423 Administration regarding a prospective investment in a private
424 equity fund, venture fund, hedge fund, distress fund, or
425 portfolio company which is proprietary to the provider of the
426 information.
427 b.c. Financial statements and auditor reports of an
428 alternative investment vehicle.
429 c.d. Meeting materials of an alternative investment vehicle
430 relating to financial, operating, or marketing information of
431 the alternative investment vehicle.
432 d.e. Information regarding the portfolio positions in which
433 the alternative investment vehicles invest.
434 e.f. Capital call and distribution notices to investors of
435 an alternative investment vehicle.
436 f.g. Alternative investment agreements and related records.
437 g.h. Information concerning investors, other than the State
438 Board of Administration, in an alternative investment vehicle.
439 7. “Proprietary confidential business information” does not
440 include:
441 a. The name, address, and vintage year of an alternative
442 investment vehicle and the identity of the principals involved
443 in the management of the alternative investment vehicle.
444 b. The dollar amount of the commitment made by the State
445 Board of Administration to each alternative investment vehicle
446 since inception.
447 c. The dollar amount and date of cash contributions made by
448 the State Board of Administration to each alternative investment
449 vehicle since inception.
450 d. The dollar amount, on a fiscal-year-end basis, of cash
451 distributions received by the State Board of Administration from
452 each alternative investment vehicle.
453 e. The dollar amount, on a fiscal-year-end basis, of cash
454 distributions received by the State Board of Administration plus
455 the remaining value of alternative-vehicle assets that are
456 attributable to the State Board of Administration’s investment
457 in each alternative investment vehicle.
458 f. The net internal rate of return of each alternative
459 investment vehicle since inception.
460 g. The investment multiple of each alternative investment
461 vehicle since inception.
462 h. The dollar amount of the total management fees and costs
463 paid on an annual fiscal-year-end basis by the State Board of
464 Administration to each alternative investment vehicle.
465 i. The dollar amount of cash profit received by the State
466 Board of Administration from each alternative investment vehicle
467 on a fiscal-year-end basis.
468 j. A description of any compensation, fees, or expenses,
469 including the amount or value, paid or agreed to be paid by a
470 proprietor to any person to solicit the board to make an
471 alternative investment or investment through an alternative
472 investment vehicle. This does not apply to an executive officer,
473 general partner, managing member, or other employee of the
474 proprietor, who is paid by the proprietor to solicit the board
475 to make such investments.
476 (c)1. Notwithstanding the provisions of paragraph (b), a
477 request to inspect or copy a record under s. 119.07(1) that
478 contains proprietary confidential business information shall be
479 granted if the proprietor of the information fails, within a
480 reasonable period of time after the request is received by the
481 State Board of Administration, to verify the following to the
482 State Board of Administration through a written declaration in
483 the manner provided by s. 92.525:
484 a. That the requested record contains proprietary
485 confidential business information and the specific location of
486 such information within the record;
487 b. If the proprietary confidential business information is
488 a trade secret, a verification that it is a trade secret as
489 defined in s. 688.002;
490 b.c. That the proprietary confidential business information
491 is intended to be and is treated by the proprietor as private,
492 is the subject of efforts of the proprietor to maintain its
493 privacy, and is not readily ascertainable or publicly available
494 from any other source; and
495 c.d. That the disclosure of the proprietary confidential
496 business information to the public would harm the business
497 operations of the proprietor.
498 2. The State Board of Administration shall maintain a list
499 and a description of the records covered by any verified,
500 written declaration made under this paragraph.
501 (d) Any person may petition a court of competent
502 jurisdiction for an order for the public release of those
503 portions of any record made confidential and exempt by paragraph
504 (b). Any action under this paragraph must be brought in Leon
505 County, Florida, and the petition or other initial pleading
506 shall be served on the State Board of Administration and, if
507 determinable upon diligent inquiry, on the proprietor of the
508 information sought to be released. In any order for the public
509 release of a record under this paragraph, the court shall make a
510 finding that the record or portion thereof is not a trade secret
511 as defined in s. 688.002, that a compelling public interest is
512 served by the release of the record or portions thereof which
513 exceed the public necessity for maintaining the confidentiality
514 of such record, and that the release of the record will not
515 cause damage to or adversely affect the interests of the
516 proprietor of the released information, other private persons or
517 business entities, the State Board of Administration, or any
518 trust fund, the assets of which are invested by the State Board
519 of Administration.
520 Section 8. Subsection (1) of section 252.88, Florida
521 Statutes, is amended to read:
522 252.88 Public records.—
523 (1) Whenever EPCRA authorizes an employer to exclude trade
524 secret information from its submittals, the employer shall
525 furnish the information so excluded to the commission upon
526 request. Such information shall be confidential and exempt from
527 the provisions of s. 119.07(1). The commission shall not
528 disclose such information except pursuant to a final
529 determination under s. 322 of EPCRA by the Administrator of the
530 Environmental Protection Agency that such information is not
531 entitled to trade secret protection, or pursuant to an order of
532 court.
533 Section 9. Section 252.943, Florida Statutes, is repealed.
534 Section 10. Paragraph (h) of subsection (2) of section
535 287.0943, Florida Statutes, is amended to read:
536 287.0943 Certification of minority business enterprises.—
537 (2)
538 (h) The certification procedures should allow an applicant
539 seeking certification to designate on the application form the
540 information the applicant considers to be proprietary,
541 confidential business information. As used in this paragraph,
542 “proprietary, confidential business information” includes, but
543 is not limited to, any information that would be exempt from
544 public inspection pursuant to the provisions of chapter 119;
545 trade secrets; internal auditing controls and reports; contract
546 costs; or other information the disclosure of which would injure
547 the affected party in the marketplace or otherwise violate s.
548 286.041. The executor in receipt of the application shall issue
549 written and final notice of any information for which
550 noninspection is requested but not provided for by law.
551 Section 11. Subsection (7) of section 288.047, Florida
552 Statutes, is amended to read:
553 288.047 Quick-response training for economic development.—
554 (7) In providing instruction pursuant to this section,
555 materials that relate to methods of manufacture or production,
556 potential trade secrets, business transactions, or proprietary
557 information received, produced, ascertained, or discovered by
558 employees of the respective departments, district school boards,
559 community college district boards of trustees, or other
560 personnel employed for the purposes of this section is
561 confidential and exempt from the provisions of s. 119.07(1). The
562 state may seek copyright protection for instructional materials
563 and ancillary written documents developed wholly or partially
564 with state funds as a result of instruction provided pursuant to
565 this section, except for materials that are confidential and
566 exempt from the provisions of s. 119.07(1).
567 Section 12. Paragraph (c) of subsection (1) and subsection
568 (3) of section 288.075, Florida Statutes, are amended to read:
569 288.075 Confidentiality of records.—
570 (1) DEFINITIONS.—As used in this section, the term:
571 (c) “Trade secret” has the same meaning as in s. 688.002.
572 (3) TRADE SECRETS.—Trade secrets held by an economic
573 development agency are confidential and exempt from s. 119.07(1)
574 and s. 24(a), Art. I of the State Constitution.
575 Section 13. Subsection (9) of section 288.1226, Florida
576 Statutes, is amended to read:
577 288.1226 Florida Tourism Industry Marketing Corporation;
578 use of property; board of directors; duties; audit.—
579 (9) PUBLIC RECORDS EXEMPTION.—The identity of any person
580 who responds to a marketing project or advertising research
581 project conducted by the corporation in the performance of its
582 duties on behalf of Enterprise Florida, Inc., is or trade
583 secrets as defined by s. 812.081 obtained pursuant to such
584 activities, are exempt from s. 119.07(1) and s. 24(a), Art. I of
585 the State Constitution. This subsection is subject to the Open
586 Government Sunset Review Act in accordance with s. 119.15 and
587 shall stand repealed on October 2, 2021, unless reviewed and
588 saved from repeal through reenactment by the Legislature.
589 Section 14. Paragraph (d) of subsection (3) of section
590 288.776, Florida Statutes, is amended to read:
591 288.776 Board of directors; powers and duties.—
592 (3) The board shall:
593 (d) Adopt policies, including criteria, establishing which
594 exporters and export transactions shall be eligible for
595 insurance, coinsurance, loan guarantees, and direct, guaranteed,
596 or collateralized loans which may be extended by the
597 corporation. Pursuant to this subsection, the board shall
598 include the following criteria:
599 1. Any individual signing any corporation loan application
600 and loan or guarantee agreement shall have an equity in the
601 business applying for financial assistance.
602 2. Each program shall exclusively support the export of
603 goods and services by small and medium-sized businesses which
604 are domiciled in this state. Priority shall be given to goods
605 which have value added in this state.
606 3. Financial assistance shall only be extended when at
607 least one of the following circumstances exists:
608 a. The assistance is required to secure the participation
609 of small and medium-sized export businesses in federal, state,
610 or private financing programs.
611 b. No conventional source of lender support is available
612 for the business from public or private financing sources.
613
614 Personal financial records, trade secrets, or proprietary
615 information of applicants shall be confidential and exempt from
616 the provisions of s. 119.07(1).
617 Section 15. Section 288.9520, Florida Statutes, is amended
618 to read:
619 288.9520 Public records exemption.—Materials that relate to
620 methods of manufacture or production, potential trade secrets,
621 potentially patentable material, actual trade secrets, business
622 transactions, financial and proprietary information, and
623 agreements or proposals to receive funding that are received,
624 generated, ascertained, or discovered by Enterprise Florida,
625 Inc., including its affiliates or subsidiaries and partnership
626 participants, such as private enterprises, educational
627 institutions, and other organizations, are confidential and
628 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
629 of the State Constitution, except that a recipient of Enterprise
630 Florida, Inc., research funds shall make available, upon
631 request, the title and description of the research project, the
632 name of the researcher, and the amount and source of funding
633 provided for the project.
634 Section 16. Subsection (5) of section 288.9607, Florida
635 Statutes, is amended to read:
636 288.9607 Guaranty of bond issues.—
637 (5) Personal financial records, trade secrets, or
638 proprietary information of applicants delivered to or obtained
639 by the corporation shall be confidential and exempt from the
640 provisions of s. 119.07(1).
641 Section 17. Paragraph (f) of subsection (1), paragraph (a)
642 of subsection (2), paragraph (a) of subsection (3), and
643 paragraphs (b) and (c) of subsection (4) of section 288.9626,
644 Florida Statutes, are amended to read:
645 288.9626 Exemptions from public records and public meetings
646 requirements for the Florida Opportunity Fund.—
647 (1) DEFINITIONS.—As used in this section, the term:
648 (f)1. “Proprietary confidential business information” means
649 information that has been designated by the proprietor when
650 provided to the Florida Opportunity Fund as information that is
651 owned or controlled by a proprietor; that is intended to be and
652 is treated by the proprietor as private, the disclosure of which
653 would harm the business operations of the proprietor and has not
654 been intentionally disclosed by the proprietor unless pursuant
655 to a private agreement that provides that the information will
656 not be released to the public except as required by law or legal
657 process, or pursuant to law or an order of a court or
658 administrative body; and that concerns:
659 a. Trade secrets as defined in s. 688.002.
660 a.b. Information provided to the Florida Opportunity Fund
661 regarding an existing or prospective alternative investment in a
662 private equity fund, venture capital fund, angel fund, or
663 portfolio company that is proprietary to the provider of the
664 information.
665 b.c. Financial statements and auditor reports of an
666 alternative investment vehicle or portfolio company, unless
667 publicly released by the alternative investment vehicle or
668 portfolio company.
669 c.d. Meeting materials of an alternative investment vehicle
670 or portfolio company relating to financial, operating, or
671 marketing information of the alternative investment vehicle or
672 portfolio company.
673 d.e. Information regarding the portfolio positions in which
674 the alternative investment vehicles or Florida Opportunity Fund
675 invest.
676 e.f. Capital call and distribution notices to investors or
677 the Florida Opportunity Fund of an alternative investment
678 vehicle.
679 f.g. Alternative investment agreements and related records.
680 g.h. Information concerning investors, other than the
681 Florida Opportunity Fund, in an alternative investment vehicle
682 or portfolio company.
683 2. “Proprietary confidential business information” does not
684 include:
685 a. The name, address, and vintage year of an alternative
686 investment vehicle or Florida Opportunity Fund and the identity
687 of the principals involved in the management of the alternative
688 investment vehicle or Florida Opportunity Fund.
689 b. The dollar amount of the commitment made by the Florida
690 Opportunity Fund to each alternative investment vehicle since
691 inception, if any.
692 c. The dollar amount and date of cash contributions made by
693 the Florida Opportunity Fund to each alternative investment
694 vehicle since inception, if any.
695 d. The dollar amount, on a fiscal-year-end basis, of cash
696 or other fungible distributions received by the Florida
697 Opportunity Fund from each alternative investment vehicle.
698 e. The dollar amount, on a fiscal-year-end basis, of cash
699 or other fungible distributions received by the Florida
700 Opportunity Fund plus the remaining value of alternative-vehicle
701 assets that are attributable to the Florida Opportunity Fund’s
702 investment in each alternative investment vehicle.
703 f. The net internal rate of return of each alternative
704 investment vehicle since inception.
705 g. The investment multiple of each alternative investment
706 vehicle since inception.
707 h. The dollar amount of the total management fees and costs
708 paid on an annual fiscal-year-end basis by the Florida
709 Opportunity Fund to each alternative investment vehicle.
710 i. The dollar amount of cash profit received by the Florida
711 Opportunity Fund from each alternative investment vehicle on a
712 fiscal-year-end basis.
713 (2) PUBLIC RECORDS EXEMPTION.—
714 (a) The following records held by the Florida Opportunity
715 Fund are confidential and exempt from s. 119.07(1) and s. 24(a),
716 Art. I of the State Constitution:
717 1. Materials that relate to methods of manufacture or
718 production, potential trade secrets, or patentable material
719 received, generated, ascertained, or discovered during the
720 course of research or through research projects and that are
721 provided by a proprietor.
722 2. Information that would identify an investor or potential
723 investor who desires to remain anonymous in projects reviewed by
724 the Florida Opportunity Fund.
725 3. Proprietary confidential business information regarding
726 alternative investments for 7 years after the termination of the
727 alternative investment.
728 (3) PUBLIC MEETINGS EXEMPTION.—
729 (a) That portion of a meeting of the board of directors of
730 the Florida Opportunity Fund at which information is discussed
731 which is confidential and exempt under subsection (2) or s.
732 688.01 is exempt from s. 286.011 and s. 24(b), Art. I of the
733 State Constitution.
734 (4) REQUEST TO INSPECT OR COPY A RECORD.—
735 (b) Notwithstanding the provisions of paragraph (2)(a), a
736 request to inspect or copy a public record that contains
737 proprietary confidential business information shall be granted
738 if the proprietor of the information fails, within a reasonable
739 period of time after the request is received by the Florida
740 Opportunity Fund, to verify the following to the Florida
741 Opportunity Fund through a written declaration in the manner
742 provided by s. 92.525:
743 1. That the requested record contains proprietary
744 confidential business information and the specific location of
745 such information within the record;
746 2. If the proprietary confidential business information is
747 a trade secret, a verification that it is a trade secret as
748 defined in s. 688.002;
749 2.3. That the proprietary confidential business information
750 is intended to be and is treated by the proprietor as private,
751 is the subject of efforts of the proprietor to maintain its
752 privacy, and is not readily ascertainable or publicly available
753 from any other source; and
754 3.4. That the disclosure of the proprietary confidential
755 business information to the public would harm the business
756 operations of the proprietor.
757 (c)1. Any person may petition a court of competent
758 jurisdiction for an order for the public release of those
759 portions of any record made confidential and exempt by
760 subsection (2).
761 2. Any action under this subsection must be brought in
762 Orange County, and the petition or other initial pleading shall
763 be served on the Florida Opportunity Fund and, if determinable
764 upon diligent inquiry, on the proprietor of the information
765 sought to be released.
766 3. In any order for the public release of a record under
767 this subsection, the court shall make a finding that:
768 a. The record or portion thereof is not a trade secret as
769 defined in s. 688.002;
770 a.b. A compelling public interest is served by the release
771 of the record or portions thereof which exceed the public
772 necessity for maintaining the confidentiality of such record;
773 and
774 b.c. The release of the record will not cause damage to or
775 adversely affect the interests of the proprietor of the released
776 information, other private persons or business entities, or the
777 Florida Opportunity Fund.
778 Section 18. Paragraph (b) of subsection (1), paragraph (a)
779 of subsection (2), paragraph (a) of subsection (3), and
780 paragraphs (b) and (c) of subsection (4) of section 288.9627,
781 Florida Statutes, are amended to read:
782 288.9627 Exemptions from public records and public meetings
783 requirements for the Institute for Commercialization of Florida
784 Technology.—
785 (1) DEFINITIONS.—As used in this section, the term:
786 (b)1. “Proprietary confidential business information” means
787 information that has been designated by the proprietor when
788 provided to the institute as information that is owned or
789 controlled by a proprietor; that is intended to be and is
790 treated by the proprietor as private, the disclosure of which
791 would harm the business operations of the proprietor and has not
792 been intentionally disclosed by the proprietor unless pursuant
793 to a private agreement that provides that the information will
794 not be released to the public except as required by law or legal
795 process, or pursuant to law or an order of a court or
796 administrative body; and that concerns:
797 a. Trade secrets as defined in s. 688.002.
798 a.b. Financial statements and internal or external auditor
799 reports of a proprietor corporation, partnership, or person
800 requesting confidentiality under this statute, unless publicly
801 released by the proprietor.
802 b.c. Meeting materials related to financial, operating,
803 investment, or marketing information of the proprietor
804 corporation, partnership, or person.
805 c.d. Information concerning private investors in the
806 proprietor corporation, partnership, or person.
807 2. “Proprietary confidential business information” does not
808 include:
809 a. The identity and primary address of the proprietor’s
810 principals.
811 b. The dollar amount and date of the financial commitment
812 or contribution made by the institute.
813 c. The dollar amount, on a fiscal-year-end basis, of cash
814 repayments or other fungible distributions received by the
815 institute from each proprietor.
816 d. The dollar amount, if any, of the total management fees
817 and costs paid on an annual fiscal-year-end basis by the
818 institute.
819 (2) PUBLIC RECORDS EXEMPTION.—
820 (a) The following records held by the institute are
821 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
822 of the State Constitution:
823 1. Materials that relate to methods of manufacture or
824 production, potential trade secrets, or patentable material
825 received, generated, ascertained, or discovered during the
826 course of research or through research projects conducted by
827 universities and other publicly supported organizations in this
828 state and that are provided to the institute by a proprietor.
829 2. Information that would identify an investor or potential
830 investor who desires to remain anonymous in projects reviewed by
831 the institute for assistance.
832 3. Any information received from a person from another
833 state or nation or the Federal Government which is otherwise
834 confidential or exempt pursuant to the laws of that state or
835 nation or pursuant to federal law.
836 4. Proprietary confidential business information for 7
837 years after the termination of the institute’s financial
838 commitment to the company.
839 (3) PUBLIC MEETINGS EXEMPTION.—
840 (a) That portion of a meeting of the institute’s board of
841 directors at which information is discussed which is
842 confidential and exempt under subsection (2) or s. 688.01 is
843 exempt from s. 286.011 and s. 24(b), Art. I of the State
844 Constitution.
845 (4) REQUEST TO INSPECT OR COPY A RECORD.—
846 (b) Notwithstanding the provisions of paragraph (2)(a), a
847 request to inspect or copy a public record that contains
848 proprietary confidential business information shall be granted
849 if the proprietor of the information fails, within a reasonable
850 period of time after the request is received by the institute,
851 to verify the following to the institute through a written
852 declaration in the manner provided by s. 92.525:
853 1. That the requested record contains proprietary
854 confidential business information and the specific location of
855 such information within the record;
856 2. If the proprietary confidential business information is
857 a trade secret, a verification that it is a trade secret as
858 defined in s. 688.002;
859 2.3. That the proprietary confidential business information
860 is intended to be and is treated by the proprietor as private,
861 is the subject of efforts of the proprietor to maintain its
862 privacy, and is not readily ascertainable or publicly available
863 from any other source; and
864 3.4. That the disclosure of the proprietary confidential
865 business information to the public would harm the business
866 operations of the proprietor.
867 (c)1. Any person may petition a court of competent
868 jurisdiction for an order for the public release of those
869 portions of any record made confidential and exempt by
870 subsection (2).
871 2. Any action under this subsection must be brought in Palm
872 Beach County or Alachua County, and the petition or other
873 initial pleading shall be served on the institute and, if
874 determinable upon diligent inquiry, on the proprietor of the
875 information sought to be released.
876 3. In any order for the public release of a record under
877 this subsection, the court shall make a finding that:
878 a. The record or portion thereof is not a trade secret as
879 defined in s. 688.002;
880 a.b. A compelling public interest is served by the release
881 of the record or portions thereof which exceed the public
882 necessity for maintaining the confidentiality of such record;
883 and
884 b.c. The release of the record will not cause damage to or
885 adversely affect the interests of the proprietor of the released
886 information, other private persons or business entities, or the
887 institute.
888 Section 19. Section 331.326, Florida Statutes, is amended
889 to read:
890 331.326 Information relating to trade secrets
891 confidential.—The records of Space Florida regarding matters
892 encompassed by this act are public records subject to chapter
893 119. Any information held by Space Florida which is a trade
894 secret, as defined in s. 812.081, including trade secrets of
895 Space Florida, any spaceport user, or the space industry
896 business, is confidential and exempt from s. 119.07(1) and s.
897 24(a), Art. I of the State Constitution and may not be
898 disclosed. If Space Florida determines that any information
899 requested by the public will reveal a trade secret, it shall, in
900 writing, inform the person making the request of that
901 determination. The determination is a final order as defined in
902 s. 120.52. Any meeting or portion of a meeting of Space
903 Florida’s board is exempt from s. 286.011 and s. 24(b), Art. I
904 of the State Constitution when the board is discussing trade
905 secrets as defined in s. 688.01. Any public record generated
906 during the closed portions of the meetings, such as minutes,
907 tape recordings, and notes, is confidential and exempt from s.
908 119.07(1) and s. 24(a), Art. I of the State Constitution. This
909 section is subject to the Open Government Sunset Review Act in
910 accordance with s. 119.15 and shall stand repealed on October 2,
911 2021, unless reviewed and saved from repeal through reenactment
912 by the Legislature.
913 Section 20. Section 334.049, Florida Statutes, is amended
914 to read:
915 334.049 Patents, copyrights, trademarks; notice to
916 Department of State; confidentiality of trade secrets.—
917 (1) Notwithstanding any other provision of law to the
918 contrary, the Department of Transportation is authorized, in its
919 own name, to:
920 (a) Perform all things necessary to secure letters of
921 patent, copyrights, and trademarks on any legitimately acquired
922 work products, and to enforce its rights therein.
923 (b) License, lease, assign, or otherwise give written
924 consent to any person, firm, or corporation for the manufacture
925 or use of any product protected by patent, copyright, or
926 trademark, whether on a royalty basis or for such other
927 consideration as the department may deem proper.
928 (c) Take any action necessary, including legal action, to
929 enforce its rights under any agreement and to protect its
930 property rights from improper or unlawful use or infringement.
931 (d) Enforce the collection of any payments or other
932 obligations due the department for the manufacture or use of any
933 product by any other party.
934 (e) Sell any product, except where otherwise provided by
935 public records laws, which the department may create or cause to
936 be created, whether or not the product is protected by a
937 department patent, copyright, or trademark, and to execute all
938 instruments necessary to consummate any such sale.
939 (f) Do all other acts necessary and proper for the
940 execution of powers and duties herein conferred upon the
941 department.
942 (2) The department shall notify the Department of State in
943 writing whenever property rights by patent, copyright, or
944 trademark are secured or exploited by the department.
945 (3) Any proceeds from the sale of products or the right to
946 manufacture or use a product shall be deposited in the State
947 Transportation Trust Fund and may be appropriated to finance
948 activities of the department. The department’s legislative
949 budget request should give special consideration to using such
950 funds for research and development projects.
951 (4) Any information obtained by the department as a result
952 of research and development projects and revealing a method of
953 process, production, or manufacture which is a trade secret as
954 defined in s. 688.002, is confidential and exempt from the
955 provisions of s. 119.07(1).
956 (5) As used in this section the term “product” includes any
957 and all inventions, methodologies, techniques, and creations
958 that may be properly protected by patent, copyright, or
959 trademark.
960 Section 21. Section 350.121, Florida Statutes, is amended
961 to read:
962 350.121 Commission inquiries; confidentiality of business
963 material.—If the commission undertakes an inquiry, any records,
964 documents, papers, maps, books, tapes, photographs, files, sound
965 recordings, or other business material, regardless of form or
966 characteristics, obtained by the commission incident to the
967 inquiry are considered confidential and exempt from s. 119.07(1)
968 while the inquiry is pending. If at the conclusion of an inquiry
969 the commission undertakes a formal proceeding, any matter
970 determined by the commission or by a judicial or administrative
971 body, federal or state, to be trade secrets or proprietary
972 confidential business information coming into its possession
973 pursuant to such inquiry shall be considered confidential and
974 exempt from s. 119.07(1). Such material may be used in any
975 administrative or judicial proceeding so long as the
976 confidential or proprietary nature of the material is
977 maintained.
978 Section 22. Subsection (3) of section 364.183, Florida
979 Statutes, is amended to read:
980 364.183 Access to company records.—
981 (3) The term “proprietary confidential business
982 information” means information, regardless of form or
983 characteristics, which is owned or controlled by the person or
984 company, is intended to be and is treated by the person or
985 company as private in that the disclosure of the information
986 would cause harm to the ratepayers or the person’s or company’s
987 business operations, and has not been disclosed unless disclosed
988 pursuant to a statutory provision, an order of a court or
989 administrative body, or private agreement that provides that the
990 information will not be released to the public. The term
991 includes, but is not limited to:
992 (a) Trade secrets.
993 (b) Internal auditing controls and reports of internal
994 auditors.
995 (b)(c) Security measures, systems, or procedures.
996 (c)(d) Information concerning bids or other contractual
997 data, the disclosure of which would impair the efforts of the
998 company or its affiliates to contract for goods or services on
999 favorable terms.
1000 (d)(e) Information relating to competitive interests, the
1001 disclosure of which would impair the competitive business of the
1002 provider of information.
1003 (e)(f) Employee personnel information unrelated to
1004 compensation, duties, qualifications, or responsibilities.
1005 Section 23. Subsection (3) of section 365.174, Florida
1006 Statutes, is amended to read:
1007 365.174 Proprietary confidential business information.—
1008 (3) As used in this section, the term “proprietary
1009 confidential business information” means customer lists,
1010 customer numbers, individual or aggregate customer data by
1011 location, usage and capacity data, network facilities used to
1012 serve subscribers, technology descriptions, or technical
1013 information, or trade secrets, including trade secrets as
1014 defined in s. 812.081, and the actual or developmental costs of
1015 E911 systems that are developed, produced, or received
1016 internally by a provider or by a provider’s employees,
1017 directors, officers, or agents.
1018 Section 24. Subsection (3) of section 366.093, Florida
1019 Statutes, is amended to read:
1020 366.093 Public utility records; confidentiality.—
1021 (3) Proprietary confidential business information means
1022 information, regardless of form or characteristics, which is
1023 owned or controlled by the person or company, is intended to be
1024 and is treated by the person or company as private in that the
1025 disclosure of the information would cause harm to the ratepayers
1026 or the person’s or company’s business operations, and has not
1027 been disclosed unless disclosed pursuant to a statutory
1028 provision, an order of a court or administrative body, or
1029 private agreement that provides that the information will not be
1030 released to the public. Proprietary confidential business
1031 information includes, but is not limited to:
1032 (a) Trade secrets.
1033 (b) Internal auditing controls and reports of internal
1034 auditors.
1035 (b)(c) Security measures, systems, or procedures.
1036 (c)(d) Information concerning bids or other contractual
1037 data, the disclosure of which would impair the efforts of the
1038 public utility or its affiliates to contract for goods or
1039 services on favorable terms.
1040 (d)(e) Information relating to competitive interests, the
1041 disclosure of which would impair the competitive business of the
1042 provider of the information.
1043 (e)(f) Employee personnel information unrelated to
1044 compensation, duties, qualifications, or responsibilities.
1045 Section 25. Subsection (3) of section 367.156, Florida
1046 Statutes, is amended to read:
1047 367.156 Public utility records; confidentiality.—
1048 (3) Proprietary confidential business information means
1049 information, regardless of form or characteristics, which is
1050 owned or controlled by the person or company, is intended to be
1051 and is treated by the person or company as private in that the
1052 disclosure of the information would cause harm to the ratepayers
1053 or the person’s or company’s business operations, and has not
1054 been disclosed unless disclosed pursuant to a statutory
1055 provision, an order of a court or administrative body, or a
1056 private agreement that provides that the information will not be
1057 released to the public. Proprietary business information
1058 includes, but is not limited to:
1059 (a) Trade secrets.
1060 (b) Internal auditing controls and reports of internal
1061 auditors.
1062 (b)(c) Security measures, systems, or procedures.
1063 (c)(d) Information concerning bids or other contractual
1064 data, the disclosure of which would impair the efforts of the
1065 utility or its affiliates to contract for goods or services on
1066 favorable terms.
1067 (d)(e) Information relating to competitive interests, the
1068 disclosure of which would impair the competitive businesses of
1069 the provider of the information.
1070 (e)(f) Employee personnel information unrelated to
1071 compensation, duties, qualifications, or responsibilities.
1072 Section 26. Subsection (3) of section 368.108, Florida
1073 Statutes, is amended to read:
1074 368.108 Confidentiality; discovery.—
1075 (3) “Proprietary confidential business information” means
1076 information, regardless of form or characteristics, which is
1077 owned or controlled by the person or company, is intended to be
1078 and is treated by the person or company as private in that the
1079 disclosure of the information would cause harm to the ratepayers
1080 or the person’s or company’s business operations, and has not
1081 been disclosed unless disclosed pursuant to a statutory
1082 provision, an order of a court or administrative body, or a
1083 private agreement that provides that the information will not be
1084 released to the public. “Proprietary confidential business
1085 information” includes, but is not limited to:
1086 (a) Trade secrets.
1087 (b) Internal auditing controls and reports of internal
1088 auditors.
1089 (b)(c) Security measures, systems, or procedures.
1090 (c)(d) Information concerning bids or other contractual
1091 data, the disclosure of which would impair the efforts of the
1092 natural gas transmission company or its affiliates to contract
1093 for goods or services on favorable terms.
1094 (d)(e) Information relating to competitive interests, the
1095 disclosure of which would impair the competitive business of the
1096 provider of the information.
1097 (e)(f) Employee personnel information unrelated to
1098 compensation, duties, qualifications, or responsibilities.
1099 Section 27. Section 381.83, Florida Statutes, is repealed.
1100 Section 28. Paragraph (c) of subsection (2) of section
1101 395.3035, Florida Statutes, is amended to read:
1102 395.3035 Confidentiality of hospital records and meetings.—
1103 (2) The following records and information of any hospital
1104 that is subject to chapter 119 and s. 24(a), Art. I of the State
1105 Constitution are confidential and exempt from the provisions of
1106 s. 119.07(1) and s. 24(a), Art. I of the State Constitution:
1107 (c) Trade secrets, as defined in s. 688.002, including
1108 Reimbursement methodologies and rates.
1109 Section 29. Subsection (2) and paragraph (b) of subsection
1110 (3) of section 403.7046, Florida Statutes, are amended to read:
1111 403.7046 Regulation of recovered materials.—
1112 (2) Notwithstanding s. 688.01, information reported
1113 pursuant to this section or any rule adopted pursuant to this
1114 section which, if disclosed, would reveal a trade secret, as
1115 defined in s. 688.01, may be provided by the department s.
1116 812.081, is confidential and exempt from s. 119.07(1) and s.
1117 24(a), Art. I of the State Constitution. For reporting or
1118 information purposes, however, the department may provide this
1119 information in such form that the names of the persons reporting
1120 such information and the specific information reported are not
1121 revealed. This subsection is subject to the Open Government
1122 Sunset Review Act in accordance with s. 119.15 and shall stand
1123 repealed on October 2, 2021, unless reviewed and saved from
1124 repeal through reenactment by the Legislature.
1125 (3) Except as otherwise provided in this section or
1126 pursuant to a special act in effect on or before January 1,
1127 1993, a local government may not require a commercial
1128 establishment that generates source-separated recovered
1129 materials to sell or otherwise convey its recovered materials to
1130 the local government or to a facility designated by the local
1131 government, nor may the local government restrict such a
1132 generator’s right to sell or otherwise convey such recovered
1133 materials to any properly certified recovered materials dealer
1134 who has satisfied the requirements of this section. A local
1135 government may not enact any ordinance that prevents such a
1136 dealer from entering into a contract with a commercial
1137 establishment to purchase, collect, transport, process, or
1138 receive source-separated recovered materials.
1139 (b)1. Before engaging in business within the jurisdiction
1140 of the local government, a recovered materials dealer or
1141 pyrolysis facility must provide the local government with a copy
1142 of the certification provided for in this section. In addition,
1143 the local government may establish a registration process
1144 whereby a recovered materials dealer or pyrolysis facility must
1145 register with the local government before engaging in business
1146 within the jurisdiction of the local government. Such
1147 registration process is limited to requiring the dealer or
1148 pyrolysis facility to register its name, including the owner or
1149 operator of the dealer or pyrolysis facility, and, if the dealer
1150 or pyrolysis facility is a business entity, its general or
1151 limited partners, its corporate officers and directors, its
1152 permanent place of business, evidence of its certification under
1153 this section, and a certification that the recovered materials
1154 or post-use polymers will be processed at a recovered materials
1155 processing facility or pyrolysis facility satisfying the
1156 requirements of this section. The local government may not use
1157 the information provided in the registration application to
1158 compete unfairly with the recovered materials dealer until 90
1159 days after receipt of the application. All counties, and
1160 municipalities whose population exceeds 35,000 according to the
1161 population estimates determined pursuant to s. 186.901, may
1162 establish a reporting process that must be limited to the
1163 regulations, reporting format, and reporting frequency
1164 established by the department pursuant to this section, which
1165 must, at a minimum, include requiring the dealer or pyrolysis
1166 facility to identify the types and approximate amount of
1167 recovered materials or post-use polymers collected, recycled, or
1168 reused during the reporting period; the approximate percentage
1169 of recovered materials or post-use polymers reused, stored, or
1170 delivered to a recovered materials processing facility or
1171 pyrolysis facility or disposed of in a solid waste disposal
1172 facility; and the locations where any recovered materials or
1173 post-use polymers were disposed of as solid waste. The local
1174 government may charge the dealer or pyrolysis facility a
1175 registration fee commensurate with and no greater than the cost
1176 incurred by the local government in operating its registration
1177 program. Registration program costs are limited to those costs
1178 associated with the activities described in this paragraph
1179 subparagraph. Any reporting or registration process established
1180 by a local government with regard to recovered materials or
1181 post-use polymers is governed by this section and department
1182 rules adopted pursuant thereto.
1183 2. Information reported under this subsection which, if
1184 disclosed, would reveal a trade secret, as defined in s.
1185 812.081, is confidential and exempt from s. 119.07(1) and s.
1186 24(a), Art. I of the State Constitution. This subparagraph is
1187 subject to the Open Government Sunset Review Act in accordance
1188 with s. 119.15 and shall stand repealed on October 2, 2021,
1189 unless reviewed and saved from repeal through reenactment by the
1190 Legislature.
1191 Section 30. Section 403.73, Florida Statutes, is repealed.
1192 Section 31. Paragraph (c) of subsection (1) of section
1193 408.061, Florida Statutes, is amended to read:
1194 408.061 Data collection; uniform systems of financial
1195 reporting; information relating to physician charges;
1196 confidential information; immunity.—
1197 (1) The agency shall require the submission by health care
1198 facilities, health care providers, and health insurers of data
1199 necessary to carry out the agency’s duties and to facilitate
1200 transparency in health care pricing data and quality measures.
1201 Specifications for data to be collected under this section shall
1202 be developed by the agency and applicable contract vendors, with
1203 the assistance of technical advisory panels including
1204 representatives of affected entities, consumers, purchasers, and
1205 such other interested parties as may be determined by the
1206 agency.
1207 (c) Data to be submitted by health insurers may include,
1208 but are not limited to: claims, payments to health care
1209 facilities and health care providers as specified by rule,
1210 premium, administration, and financial information. Data
1211 submitted shall be certified by the chief financial officer, an
1212 appropriate and duly authorized representative, or an employee
1213 of the insurer that the information submitted is true and
1214 accurate. Information that is considered a trade secret under s.
1215 812.081 shall be clearly designated.
1216 Section 32. Subsection (1) of section 408.185, Florida
1217 Statutes, is amended to read:
1218 408.185 Information submitted for review of antitrust
1219 issues; confidentiality.—The following information held by the
1220 Office of the Attorney General, which is submitted by a member
1221 of the health care community pursuant to a request for an
1222 antitrust no-action letter shall be confidential and exempt from
1223 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1224 Constitution for 1 year after the date of submission.
1225 (1) Documents that reveal trade secrets as defined in s.
1226 688.002.
1227 Section 33. Paragraph (a) of subsection (14) of section
1228 408.910, Florida Statutes, is amended to read:
1229 408.910 Florida Health Choices Program.—
1230 (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.—
1231 (a) Definitions.—For purposes of this subsection, the term:
1232 1. “Buyer’s representative” means a participating insurance
1233 agent as described in paragraph (4)(g).
1234 2. “Enrollee” means an employer who is eligible to enroll
1235 in the program pursuant to paragraph (4)(a).
1236 3. “Participant” means an individual who is eligible to
1237 participate in the program pursuant to paragraph (4)(b).
1238 4. “Proprietary confidential business information” means
1239 information, regardless of form or characteristics, that is
1240 owned or controlled by a vendor requesting confidentiality under
1241 this section; that is intended to be and is treated by the
1242 vendor as private in that the disclosure of the information
1243 would cause harm to the business operations of the vendor; that
1244 has not been disclosed unless disclosed pursuant to a statutory
1245 provision, an order of a court or administrative body, or a
1246 private agreement providing that the information may be released
1247 to the public; and that is information concerning:
1248 a. Business plans.
1249 b. Internal auditing controls and reports of internal
1250 auditors.
1251 c. Reports of external auditors for privately held
1252 companies.
1253 d. Client and customer lists.
1254 e. Potentially patentable material.
1255 f. A trade secret as defined in s. 688.002.
1256 5. “Vendor” means a participating insurer or other provider
1257 of services as described in paragraph (4)(d).
1258 Section 34. Section 409.91196, Florida Statutes, is amended
1259 to read:
1260 409.91196 Supplemental rebate agreements; public records
1261 and public meetings exemption.—
1262 (1) The rebate amount, percent of rebate, manufacturer’s
1263 pricing, and supplemental rebate, and other trade secrets as
1264 defined in s. 688.002 that the agency has identified for use in
1265 negotiations, held by the Agency for Health Care Administration
1266 under s. 409.912(5)(a)7. are confidential and exempt from s.
1267 119.07(1) and s. 24(a), Art. I of the State Constitution.
1268 (2) That portion of a meeting of the Medicaid
1269 Pharmaceutical and Therapeutics Committee at which the rebate
1270 amount, percent of rebate, manufacturer’s pricing, or
1271 supplemental rebate, or confidential and exempt other trade
1272 secrets as provided for in s. 688.01 defined in s. 688.002 that
1273 the agency has identified for use in negotiations, are discussed
1274 is exempt from s. 286.011 and s. 24(b), Art. I of the State
1275 Constitution. A record shall be made of each exempt portion of a
1276 meeting. Such record must include the times of commencement and
1277 termination, all discussions and proceedings, the names of all
1278 persons present at any time, and the names of all persons
1279 speaking. No exempt portion of a meeting may be held off the
1280 record.
1281 Section 35. Subsection (2) of section 440.108, Florida
1282 Statutes, is amended to read:
1283 440.108 Investigatory records relating to workers’
1284 compensation employer compliance; confidentiality.—
1285 (2) After an investigation is completed or ceases to be
1286 active, information in records relating to the investigation
1287 remains confidential and exempt from the provisions of s.
1288 119.07(1) and s. 24(a), Art. I of the State Constitution if
1289 disclosure of that information would:
1290 (a) Jeopardize the integrity of another active
1291 investigation;
1292 (b) Reveal a trade secret, as defined in s. 688.002;
1293 (c) Reveal business or personal financial information;
1294 (c)(d) Reveal personal identifying information regarding
1295 the identity of a confidential source;
1296 (d)(e) Defame or cause unwarranted damage to the good name
1297 or reputation of an individual or jeopardize the safety of an
1298 individual; or
1299 (e)(f) Reveal investigative techniques or procedures.
1300 Section 36. Paragraph (c) of subsection (1) of section
1301 494.00125, Florida Statutes, is amended to read:
1302 494.00125 Public records exemptions.—
1303 (1) INVESTIGATIONS OR EXAMINATIONS.—
1304 (c) Except as necessary for the office to enforce the
1305 provisions of this chapter, a consumer complaint and other
1306 information relative to an investigation or examination shall
1307 remain confidential and exempt from s. 119.07(1) after the
1308 investigation or examination is completed or ceases to be active
1309 to the extent disclosure would:
1310 1. Jeopardize the integrity of another active investigation
1311 or examination.
1312 2. Reveal the name, address, telephone number, social
1313 security number, or any other identifying number or information
1314 of any complainant, customer, or account holder.
1315 3. Disclose the identity of a confidential source.
1316 4. Disclose investigative techniques or procedures.
1317 5. Reveal a trade secret as defined in s. 688.002.
1318 Section 37. Subsection (4) of section 497.172, Florida
1319 Statutes, is amended to read:
1320 497.172 Public records exemptions; public meetings
1321 exemptions.—
1322 (4) TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
1323 held by the department or board, are confidential and exempt
1324 from s. 119.07(1) and s. 24(a), Art. I of the State
1325 Constitution.
1326 Section 38. Paragraph (c) of subsection (3) of section
1327 499.012, Florida Statutes, is amended to read:
1328 499.012 Permit application requirements.—
1329 (3)
1330 (c) Information submitted by an applicant on an application
1331 required pursuant to this subsection which is a trade secret, as
1332 defined in s. 812.081, shall be maintained by the department as
1333 trade secret information pursuant to s. 499.051(7).
1334 Section 39. Subsection (7) of section 499.0121, Florida
1335 Statutes, is amended to read:
1336 499.0121 Storage and handling of prescription drugs;
1337 recordkeeping.—The department shall adopt rules to implement
1338 this section as necessary to protect the public health, safety,
1339 and welfare. Such rules shall include, but not be limited to,
1340 requirements for the storage and handling of prescription drugs
1341 and for the establishment and maintenance of prescription drug
1342 distribution records.
1343 (7) PRESCRIPTION DRUG PURCHASE LIST.—
1344 (a) Each wholesale distributor, except for a manufacturer,
1345 shall annually provide the department with a written list of all
1346 wholesale distributors and manufacturers from whom the wholesale
1347 distributor purchases prescription drugs. A wholesale
1348 distributor, except a manufacturer, shall notify the department
1349 not later than 10 days after any change to either list.
1350 (b) Such portions of the information required pursuant to
1351 this subsection which are a trade secret, as defined in s.
1352 812.081, shall be maintained by the department as trade secret
1353 information is required to be maintained under s. 499.051. This
1354 paragraph is subject to the Open Government Sunset Review Act in
1355 accordance with s. 119.15 and shall stand repealed on October 2,
1356 2021, unless reviewed and saved from repeal through reenactment
1357 by the Legislature.
1358 Section 40. Paragraph (g) of subsection (1) of section
1359 499.05, Florida Statutes, is amended to read:
1360 499.05 Rules.—
1361 (1) The department shall adopt rules to implement and
1362 enforce this chapter with respect to:
1363 (g) Inspections and investigations conducted under s.
1364 499.051 or s. 499.93, and the identification of information
1365 claimed to be a trade secret and exempt from the public records
1366 law as provided in s. 499.051(7).
1367 Section 41. Paragraph (b) of subsection (7) of section
1368 499.051, Florida Statutes, is amended to read:
1369 499.051 Inspections and investigations.—
1370 (7)
1371 (b) Information that constitutes a trade secret, as defined
1372 in s. 812.081, contained in the complaint or obtained by the
1373 department pursuant to the investigation must remain
1374 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1375 of the State Constitution as long as the information is held by
1376 the department. This paragraph is subject to the Open Government
1377 Sunset Review Act in accordance with s. 119.15 and shall stand
1378 repealed on October 2, 2021, unless reviewed and saved from
1379 repeal through reenactment by the Legislature.
1380 Section 42. Section 499.931, Florida Statutes, is repealed.
1381 Section 43. Paragraph (d) of subsection (11) of section
1382 501.171, Florida Statutes, is amended to read:
1383 501.171 Security of confidential personal information.—
1384 (11) PUBLIC RECORDS EXEMPTION.—
1385 (d) For purposes of this subsection, the term “proprietary
1386 information” means information that:
1387 1. Is owned or controlled by the covered entity.
1388 2. Is intended to be private and is treated by the covered
1389 entity as private because disclosure would harm the covered
1390 entity or its business operations.
1391 3. Has not been disclosed except as required by law or a
1392 private agreement that provides that the information will not be
1393 released to the public.
1394 4. Is not publicly available or otherwise readily
1395 ascertainable through proper means from another source in the
1396 same configuration as received by the department.
1397 5. Includes:
1398 a. Trade secrets as defined in s. 688.002.
1399 b. competitive interests, the disclosure of which would
1400 impair the competitive business of the covered entity who is the
1401 subject of the information.
1402 Section 44. Section 502.222, Florida Statutes, is repealed.
1403 Section 45. Paragraph (b) of subsection (1) of section
1404 517.2015, Florida Statutes, is amended to read:
1405 517.2015 Confidentiality of information relating to
1406 investigations and examinations.—
1407 (1)
1408 (b) Except as necessary for the office to enforce the
1409 provisions of this chapter, a consumer complaint and other
1410 information relative to an investigation or examination shall
1411 remain confidential and exempt from s. 119.07(1) after the
1412 investigation or examination is completed or ceases to be active
1413 to the extent disclosure would:
1414 1. Jeopardize the integrity of another active investigation
1415 or examination.
1416 2. Reveal the name, address, telephone number, social
1417 security number, or any other identifying number or information
1418 of any complainant, customer, or account holder.
1419 3. Disclose the identity of a confidential source.
1420 4. Disclose investigative techniques or procedures.
1421 5. Reveal a trade secret as defined in s. 688.002.
1422 Section 46. Paragraph (b) of subsection (1) of section
1423 520.9965, Florida Statutes, is amended to read:
1424 520.9965 Confidentiality of information relating to
1425 investigations and examinations.—
1426 (1)
1427 (b) Except as necessary for the office to enforce the
1428 provisions of this chapter, a consumer complaint and other
1429 information relative to an investigation or examination shall
1430 remain confidential and exempt from s. 119.07(1) after the
1431 investigation or examination is completed or ceases to be active
1432 to the extent disclosure would:
1433 1. Jeopardize the integrity of another active investigation
1434 or examination.
1435 2. Reveal the name, address, telephone number, social
1436 security number, or any other identifying number or information
1437 of any complainant, customer, or account holder.
1438 3. Disclose the identity of a confidential source.
1439 4. Disclose investigative techniques or procedures.
1440 5. Reveal a trade secret as defined in s. 688.002.
1441 Section 47. Subsection (2) of section 526.311, Florida
1442 Statutes, is amended to read:
1443 526.311 Enforcement; civil penalties; injunctive relief.—
1444 (2) The Department of Agriculture and Consumer Services
1445 shall investigate any complaints regarding violations of this
1446 act and may request in writing the production of documents and
1447 records as part of its investigation of a complaint. If the
1448 person upon whom such request was made fails to produce the
1449 documents or records within 30 days after the date of the
1450 request, the department, through the department’s office of
1451 general counsel, may issue and serve a subpoena to compel the
1452 production of such documents and records. If any person shall
1453 refuse to comply with a subpoena issued under this section, the
1454 department may petition a court of competent jurisdiction to
1455 enforce the subpoena and assess such sanctions as the court may
1456 direct. Refiners shall afford the department reasonable access
1457 to the refiners’ posted terminal price. Any records, documents,
1458 papers, maps, books, tapes, photographs, files, sound
1459 recordings, or other business material, regardless of form or
1460 characteristics, obtained by the department are confidential and
1461 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
1462 of the State Constitution while the investigation is pending. At
1463 the conclusion of an investigation, any matter determined by the
1464 department or by a judicial or administrative body, federal or
1465 state, to be a trade secret or proprietary confidential business
1466 information held by the department pursuant to such
1467 investigation shall be considered confidential and exempt from
1468 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1469 Constitution. Such materials may be used in any administrative
1470 or judicial proceeding so long as the confidential or
1471 proprietary nature of the material is maintained.
1472 Section 48. Paragraph (e) of subsection (1) of section
1473 548.062, Florida Statutes, is amended to read:
1474 548.062 Public records exemption.—
1475 (1) As used in this section, the term “proprietary
1476 confidential business information” means information that:
1477 (e) Concerns any of the following:
1478 1. The number of ticket sales for a match;
1479 2. The amount of gross receipts after a match;
1480 3. A trade secret, as defined in s. 688.002;
1481 3.4. Business plans;
1482 4.5. Internal auditing controls and reports of internal
1483 auditors; or
1484 5.6. Reports of external auditors.
1485 Section 49. Paragraph (a) of subsection (1) of section
1486 556.113, Florida Statutes, is amended to read:
1487 556.113 Sunshine State One-Call of Florida, Inc.; public
1488 records exemption.—
1489 (1) As used in this section, the term “proprietary
1490 confidential business information” means information provided
1491 by:
1492 (a) A member operator which is a map, plan, facility
1493 location diagram, internal damage investigation report or
1494 analysis, or dispatch methodology, or trade secret as defined in
1495 s. 688.002, or which describes the exact location of a utility
1496 underground facility or the protection, repair, or restoration
1497 thereof, and:
1498 1. Is intended to be and is treated by the member operator
1499 as confidential;
1500 2. The disclosure of which would likely be used by a
1501 competitor to harm the business interests of the member operator
1502 or could be used for the purpose of inflicting damage on
1503 underground facilities; and
1504 3. Is not otherwise readily ascertainable or publicly
1505 available by proper means by other persons from another source
1506 in the same configuration as provided to Sunshine State One-Call
1507 of Florida, Inc.
1508 Section 50. Paragraph (b) of subsection (2) of section
1509 559.5558, Florida Statutes, is amended to read:
1510 559.5558 Public records exemption; investigations and
1511 examinations.—
1512 (2)
1513 (b) Information made confidential and exempt pursuant to
1514 this section is no longer confidential and exempt once the
1515 investigation or examination is completed or ceases to be active
1516 unless disclosure of the information would:
1517 1. Jeopardize the integrity of another active investigation
1518 or examination.
1519 2. Reveal the personal identifying information of a
1520 consumer, unless the consumer is also the complainant. A
1521 complainant’s personal identifying information is subject to
1522 disclosure after the investigation or examination is completed
1523 or ceases to be active. However, a complainant’s personal
1524 financial and health information remains confidential and
1525 exempt.
1526 3. Reveal the identity of a confidential source.
1527 4. Reveal investigative or examination techniques or
1528 procedures.
1529 5. Reveal trade secrets, as defined in s. 688.002.
1530 Section 51. Paragraph (c) of subsection (3) of section
1531 559.9285, Florida Statutes, is amended to read:
1532 559.9285 Certification of business activities.—
1533 (3) The department shall specify by rule the form of each
1534 certification under this section which shall include the
1535 following information:
1536 (c) The legal name, any trade names or fictitious names,
1537 mailing address, physical address, telephone number or numbers,
1538 facsimile number or numbers, and all Internet and electronic
1539 contact information of every other commercial entity with which
1540 the certifying party engages in business or commerce that is
1541 related in any way to the certifying party’s business or
1542 commerce with any terrorist state. The information disclosed
1543 pursuant to this paragraph does not constitute customer lists
1544 or, customer names, or trade secrets protected under s.
1545 570.544(8) or trade secrets protected under s. 688.01.
1546 Section 52. Subsection (2) of section 560.129, Florida
1547 Statutes, is amended to read:
1548 560.129 Confidentiality.—
1549 (2) All information obtained by the office in the course of
1550 its investigation or examination which is a trade secret, as
1551 defined in s. 688.002, or which is personal financial
1552 information shall remain confidential and exempt from s.
1553 119.07(1) and s. 24(a), Art. I of the State Constitution. If any
1554 administrative, civil, or criminal proceeding against a money
1555 services business, its authorized vendor, or an affiliated party
1556 is initiated and the office seeks to use matter that a licensee
1557 believes to be a trade secret or personal financial information,
1558 such records shall be subject to an in camera review by the
1559 administrative law judge, if the matter is before the Division
1560 of Administrative Hearings, or a judge of any court of this
1561 state, any other state, or the United States, as appropriate,
1562 for the purpose of determining if the matter is a trade secret
1563 or is personal financial information. If it is determined that
1564 the matter is a trade secret, the matter shall remain
1565 confidential. If it is determined that the matter is personal
1566 financial information, the matter shall remain confidential
1567 unless the administrative law judge or judge determines that, in
1568 the interests of justice, the matter should become public.
1569 Section 53. Subsection (3) of section 570.48, Florida
1570 Statutes, is amended to read:
1571 570.48 Division of Fruit and Vegetables; powers and duties;
1572 records.—The duties of the Division of Fruit and Vegetables
1573 include, but are not limited to:
1574 (3) Maintaining the records of the division. The records of
1575 the division are public records.; however, trade secrets as
1576 defined in s. 812.081 are confidential and exempt from s.
1577 119.07(1) and s. 24(a), Art. I of the State Constitution. This
1578 subsection is subject to the Open Government Sunset Review Act
1579 in accordance with s. 119.15 and shall stand repealed on October
1580 2, 2021, unless reviewed and saved from repeal through
1581 reenactment by the Legislature. This Section 688.01 may not be
1582 construed to prohibit:
1583 (a) A disclosure necessary to enforcement procedures.
1584 (b) The department from releasing information to other
1585 governmental agencies. Other governmental agencies that receive
1586 confidential information from the department under this
1587 subsection shall maintain the confidentiality of that
1588 information.
1589 (c) the department or other agencies from compiling and
1590 publishing appropriate data regarding procedures, yield,
1591 recovery, quality, and related matters, provided such released
1592 data do not reveal by whom the activity to which the data relate
1593 was conducted.
1594 Section 54. Subsection (8) of section 570.544, Florida
1595 Statutes, is amended to read:
1596 570.544 Division of Consumer Services; director; powers;
1597 processing of complaints; records.—
1598 (8) The records of the Division of Consumer Services are
1599 public records. However, customer lists and, customer names, and
1600 trade secrets are confidential and exempt from the provisions of
1601 s. 119.07(1). Disclosure necessary to enforcement procedures
1602 does not violate this prohibition.
1603 Section 55. Subsection (2) of section 573.123, Florida
1604 Statutes, is amended to read:
1605 573.123 Maintenance and production of records.—
1606 (2) Information that, if disclosed, would reveal a trade
1607 secret, as defined in s. 812.081, of any person subject to a
1608 marketing order is confidential and exempt from s. 119.07(1) and
1609 s. 24(a), Art. I of the State Constitution and may not be
1610 disclosed except to an attorney who provides legal advice to the
1611 division about enforcing a marketing order or by court order. A
1612 person who receives confidential information under this
1613 subsection shall maintain the confidentiality of that
1614 information. This subsection is subject to the Open Government
1615 Sunset Review Act in accordance with s. 119.15 and shall stand
1616 repealed on October 2, 2021, unless reviewed and saved from
1617 repeal through reenactment by the Legislature.
1618 Section 56. Section 581.199, Florida Statutes, is repealed.
1619 Section 57. Paragraph (b) of subsection (8) of section
1620 601.10, Florida Statutes, is amended to read:
1621 601.10 Powers of the Department of Citrus.—The department
1622 shall have and shall exercise such general and specific powers
1623 as are delegated to it by this chapter and other statutes of the
1624 state, which powers shall include, but are not limited to, the
1625 following:
1626 (8)
1627 (b) Any information provided to the department which
1628 constitutes a trade secret as defined in s. 812.081 is
1629 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1630 of the State Constitution. This paragraph is subject to the Open
1631 Government Sunset Review Act in accordance with s. 119.15 and
1632 shall stand repealed on October 2, 2021, unless reviewed and
1633 saved from repeal through reenactment by the Legislature.
1634 Section 58. Paragraph (d) of subsection (7) of section
1635 601.15, Florida Statutes, is amended to read:
1636 601.15 Advertising campaign; methods of conducting;
1637 assessments; emergency reserve fund; citrus research.—
1638 (7) All assessments levied and collected under this chapter
1639 shall be paid into the State Treasury on or before the 15th day
1640 of each month. Such moneys shall be accounted for in a special
1641 fund to be designated as the Florida Citrus Advertising Trust
1642 Fund, and all moneys in such fund are appropriated to the
1643 department for the following purposes:
1644 (d)1. The pro rata portion of moneys allocated to each type
1645 of citrus product in noncommodity programs shall be used by the
1646 department to encourage substantial increases in the
1647 effectiveness, frequency, and volume of noncommodity
1648 advertising, merchandising, publicity, and sales promotion of
1649 such citrus products through rebates and incentive payments to
1650 handlers and trade customers for these activities. The
1651 department shall adopt rules providing for the use of such
1652 moneys. The rules shall establish alternate incentive programs,
1653 including at least one incentive program for product sold under
1654 advertised brands, one incentive program for product sold under
1655 private label brands, and one incentive program for product sold
1656 in bulk. For each incentive program, the rules must establish
1657 eligibility and performance requirements and must provide
1658 appropriate limitations on amounts payable to a handler or trade
1659 customer for a particular season. Such limitations may relate to
1660 the amount of citrus assessments levied and collected on the
1661 citrus product handled by such handler or trade customer during
1662 a 12-month representative period.
1663 2. The department may require from participants in
1664 noncommodity advertising and promotional programs commercial
1665 information necessary to determine eligibility for and
1666 performance in such programs. Any information required which
1667 constitutes a trade secret as defined in s. 812.081 is
1668 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
1669 of the State Constitution. This subparagraph is subject to the
1670 Open Government Sunset Review Act in accordance with s. 119.15
1671 and shall stand repealed on October 2, 2021, unless reviewed and
1672 saved from repeal through reenactment by the Legislature.
1673 Section 59. Paragraph (c) of subsection (8) of section
1674 601.152, Florida Statutes, is amended to read:
1675 601.152 Special marketing orders.—
1676 (8)
1677 (c)1. Every handler shall, at such times as the department
1678 may require, file with the department a return, not under oath,
1679 on forms to be prescribed and furnished by the department,
1680 certified as true and correct, stating the quantity of the type,
1681 variety, and form of citrus fruit or citrus product specified in
1682 the marketing order first handled in the primary channels of
1683 trade in the state by such handler during the period of time
1684 specified in the marketing order. Such returns must contain any
1685 further information deemed by the department to be reasonably
1686 necessary to properly administer or enforce this section or any
1687 marketing order implemented under this section.
1688 2. Information that, if disclosed, would reveal a trade
1689 secret, as defined in s. 812.081, of any person subject to a
1690 marketing order is confidential and exempt from s. 119.07(1) and
1691 s. 24(a), Art. I of the State Constitution. This subparagraph is
1692 subject to the Open Government Sunset Review Act in accordance
1693 with s. 119.15 and shall stand repealed on October 2, 2021,
1694 unless reviewed and saved from repeal through reenactment by the
1695 Legislature.
1696 Section 60. Section 601.76, Florida Statutes, is amended to
1697 read:
1698 601.76 Manufacturer to furnish formula and other
1699 information.—Any formula required to be filed with the
1700 Department of Agriculture shall be deemed a trade secret as
1701 defined in s. 812.081, is confidential and exempt from s.
1702 119.07(1) and s. 24(a), Art. I of the State Constitution, and
1703 may be divulged only to the Department of Agriculture or to its
1704 duly authorized representatives or upon court order when
1705 necessary in the enforcement of this law. A person who receives
1706 such a formula from the Department of Agriculture under this
1707 section shall maintain the confidentiality of the formula. This
1708 section is subject to the Open Government Sunset Review Act in
1709 accordance with s. 119.15 and shall stand repealed on October 2,
1710 2021, unless reviewed and saved from repeal through reenactment
1711 by the Legislature.
1712 Section 61. Subsection (6) of section 607.0505, Florida
1713 Statutes, is amended to read:
1714 607.0505 Registered agent; duties.—
1715 (6) Information provided to, and records and transcriptions
1716 of testimony obtained by, the Department of Legal Affairs
1717 pursuant to this section are confidential and exempt from the
1718 provisions of s. 119.07(1) while the investigation is active.
1719 For purposes of this section, an investigation shall be
1720 considered “active” while such investigation is being conducted
1721 with a reasonable, good faith belief that it may lead to the
1722 filing of an administrative, civil, or criminal proceeding. An
1723 investigation does not cease to be active so long as the
1724 Department of Legal Affairs is proceeding with reasonable
1725 dispatch and there is a good faith belief that action may be
1726 initiated by the Department of Legal Affairs or other
1727 administrative or law enforcement agency. Except for active
1728 criminal intelligence or criminal investigative information, as
1729 defined in s. 119.011, and information which, if disclosed,
1730 would reveal a trade secret, as defined in s. 688.002, or would
1731 jeopardize the safety of an individual, all information,
1732 records, and transcriptions become public record when the
1733 investigation is completed or ceases to be active. The
1734 Department of Legal Affairs shall not disclose confidential
1735 information, records, or transcriptions of testimony except
1736 pursuant to the authorization by the Attorney General in any of
1737 the following circumstances:
1738 (a) To a law enforcement agency participating in or
1739 conducting a civil investigation under chapter 895, or
1740 participating in or conducting a criminal investigation.
1741 (b) In the course of filing, participating in, or
1742 conducting a judicial proceeding instituted pursuant to this
1743 section or chapter 895.
1744 (c) In the course of filing, participating in, or
1745 conducting a judicial proceeding to enforce an order or judgment
1746 entered pursuant to this section or chapter 895.
1747 (d) In the course of a criminal or civil proceeding.
1748
1749 A person or law enforcement agency which receives any
1750 information, record, or transcription of testimony that has been
1751 made confidential by this subsection shall maintain the
1752 confidentiality of such material and shall not disclose such
1753 information, record, or transcription of testimony except as
1754 provided for herein. Any person who willfully discloses any
1755 information, record, or transcription of testimony that has been
1756 made confidential by this subsection, except as provided for
1757 herein, is guilty of a misdemeanor of the first degree,
1758 punishable as provided in s. 775.082 or s. 775.083. If any
1759 information, record, or testimony obtained pursuant to
1760 subsection (2) is offered in evidence in any judicial
1761 proceeding, the court may, in its discretion, seal that portion
1762 of the record to further the policies of confidentiality set
1763 forth herein.
1764 Section 62. Subsection (6) of section 617.0503, Florida
1765 Statutes, is amended to read:
1766 617.0503 Registered agent; duties; confidentiality of
1767 investigation records.—
1768 (6) Information provided to, and records and transcriptions
1769 of testimony obtained by, the Department of Legal Affairs
1770 pursuant to this section are confidential and exempt from the
1771 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
1772 Constitution while the investigation is active. For purposes of
1773 this section, an investigation shall be considered “active”
1774 while such investigation is being conducted with a reasonable,
1775 good faith belief that it may lead to the filing of an
1776 administrative, civil, or criminal proceeding. An investigation
1777 does not cease to be active so long as the department is
1778 proceeding with reasonable dispatch and there is a good faith
1779 belief that action may be initiated by the department or other
1780 administrative or law enforcement agency. Except for active
1781 criminal intelligence or criminal investigative information, as
1782 defined in s. 119.011, and information which, if disclosed,
1783 would reveal a trade secret, as defined in s. 688.002, or would
1784 jeopardize the safety of an individual, all information,
1785 records, and transcriptions become available to the public when
1786 the investigation is completed or ceases to be active. The
1787 department shall not disclose confidential information, records,
1788 or transcriptions of testimony except pursuant to authorization
1789 by the Attorney General in any of the following circumstances:
1790 (a) To a law enforcement agency participating in or
1791 conducting a civil investigation under chapter 895, or
1792 participating in or conducting a criminal investigation.
1793 (b) In the course of filing, participating in, or
1794 conducting a judicial proceeding instituted pursuant to this
1795 section or chapter 895.
1796 (c) In the course of filing, participating in, or
1797 conducting a judicial proceeding to enforce an order or judgment
1798 entered pursuant to this section or chapter 895.
1799 (d) In the course of a criminal proceeding.
1800
1801 A person or law enforcement agency that receives any
1802 information, record, or transcription of testimony that has been
1803 made confidential by this subsection shall maintain the
1804 confidentiality of such material and shall not disclose such
1805 information, record, or transcription of testimony except as
1806 provided for herein. Any person who willfully discloses any
1807 information, record, or transcription of testimony that has been
1808 made confidential by this subsection, except as provided for in
1809 this subsection, commits a misdemeanor of the first degree,
1810 punishable as provided in s. 775.082 or s. 775.083. If any
1811 information, record, or testimony obtained pursuant to
1812 subsection (2) is offered in evidence in any judicial
1813 proceeding, the court may, in its discretion, seal that portion
1814 of the record to further the policies of confidentiality set
1815 forth in this subsection.
1816 Section 63. Subsection (4) of section 624.307, Florida
1817 Statutes, is amended to read:
1818 624.307 General powers; duties.—
1819 (4) The department and office may each collect, propose,
1820 publish, and disseminate information relating to the subject
1821 matter of any duties imposed upon it by law. Notwithstanding any
1822 other provision of law, information reported to and collected by
1823 the office may be made available on an aggregate basis. The
1824 office may report, publish, or otherwise make available such
1825 information from all insurers on an aggregate basis by line of
1826 business and by county, even if marked trade secret pursuant to
1827 s. 688.01, but shall otherwise maintain trade secret
1828 confidentiality in accordance with s. 688.01.
1829 Section 64. Subsection (4) is added to section 624.315,
1830 Florida Statutes, and subsection (2) of that section is
1831 republished, to read:
1832 624.315 Department; annual report.—
1833 (2) The office shall maintain the following information and
1834 make such information available upon request:
1835 (a) Calendar year profitability, including investment
1836 income from policyholders’ unearned premium and loss reserves
1837 (Florida and countrywide).
1838 (b) Aggregate Florida loss reserves.
1839 (c) Premiums written (Florida and countrywide).
1840 (d) Premiums earned (Florida and countrywide).
1841 (e) Incurred losses (Florida and countrywide).
1842 (f) Paid losses (Florida and countrywide).
1843 (g) Allocated Florida loss adjustment expenses.
1844 (h) Renewal ratio (countrywide).
1845 (i) Variation of premiums charged by the industry as
1846 compared to rates promulgated by the Insurance Services Office
1847 (Florida and countrywide).
1848 (j) An analysis of policy size limits (Florida and
1849 countrywide).
1850 (k) Insureds’ selection of claims-made versus occurrence
1851 coverage (Florida and countrywide).
1852 (l) A subreport on the involuntary market in Florida
1853 encompassing such joint underwriting plans and assigned risk
1854 plans operating in the state.
1855 (m) A subreport providing information relevant to emerging
1856 markets and alternate marketing mechanisms, such as self-insured
1857 trusts, risk retention groups, purchasing groups, and the
1858 excess-surplus lines market.
1859 (n) Trends; emerging trends as exemplified by the
1860 percentage change in frequency and severity of both paid and
1861 incurred claims, and pure premium (Florida and countrywide).
1862 (o) Fast track loss ratios as defined and assimilated by
1863 the Insurance Services Office (Florida and countrywide).
1864 (4) Notwithstanding any other provision of law, the office
1865 may make the information in subsection (2) available on an
1866 aggregate basis. The office may include such statistical
1867 information from all insurers on an aggregate basis by line of
1868 business and by county, even if marked trade secret pursuant to
1869 s. 688.01, but shall otherwise maintain trade secret
1870 confidentiality in accordance with s. 688.01.
1871 Section 65. Paragraph (c) of subsection (1) and subsection
1872 (5) of section 624.4212, Florida Statutes, are amended to read:
1873 624.4212 Confidentiality of proprietary business and other
1874 information.—
1875 (1) As used in this section, the term “proprietary business
1876 information” means information, regardless of form or
1877 characteristics, which is owned or controlled by an insurer, or
1878 a person or an affiliated person who seeks acquisition of
1879 controlling stock in a domestic stock insurer or controlling
1880 company, and which:
1881 (c) Includes:
1882 1. Trade secrets as defined in s. 688.002 which comply with
1883 s. 624.4213.
1884 1.2. Information relating to competitive interests, the
1885 disclosure of which would impair the competitive business of the
1886 provider of the information.
1887 2.3. The source, nature, and amount of the consideration
1888 used or to be used in carrying out a merger or other acquisition
1889 of control in the ordinary course of business, including the
1890 identity of the lender, if the person filing a statement
1891 regarding consideration so requests.
1892 3.4. Information relating to bids or other contractual
1893 data, the disclosure of which would impair the efforts of the
1894 insurer or its affiliates to contract for goods or services on
1895 favorable terms.
1896 4.5. Internal auditing controls and reports of internal
1897 auditors.
1898 (5) The office may disclose information made confidential
1899 and exempt under this section or s. 688.01:
1900 (a) If the insurer to which it pertains gives prior written
1901 consent;
1902 (b) Pursuant to a court order;
1903 (c) To the Actuarial Board for Counseling and Discipline
1904 upon a request stating that the information is for the purpose
1905 of professional disciplinary proceedings and specifying
1906 procedures satisfactory to the office for preserving the
1907 confidentiality of the information;
1908 (d) To other states, federal and international agencies,
1909 the National Association of Insurance Commissioners and its
1910 affiliates and subsidiaries, and state, federal, and
1911 international law enforcement authorities, including members of
1912 a supervisory college described in s. 628.805 if the recipient
1913 agrees in writing to maintain the confidential and exempt status
1914 of the document, material, or other information and has
1915 certified in writing its legal authority to maintain such
1916 confidentiality; or
1917 (e) For the purpose of aggregating information on an
1918 industrywide basis and disclosing the information to the public
1919 only if the specific identities of the insurers, or persons or
1920 affiliated persons, are not revealed.
1921 Section 66. Section 624.4213, Florida Statutes, is
1922 repealed.
1923 Section 67. Paragraph (d) of subsection (1) of section
1924 626.84195, Florida Statutes, is amended to read:
1925 626.84195 Confidentiality of information supplied by title
1926 insurance agencies and insurers.—
1927 (1) As used in this section, the term “proprietary business
1928 information” means information that:
1929 (d) Concerns:
1930 1. Business plans;
1931 2. Internal auditing controls and reports of internal
1932 auditors;
1933 3. Reports of external auditors for privately held
1934 companies;
1935 4. Trade secrets, as defined in s. 688.002; or
1936 4.5. Financial information, including revenue data, loss
1937 expense data, gross receipts, taxes paid, capital investment,
1938 and employee wages.
1939 Section 68. Subsection (2) of section 626.884, Florida
1940 Statutes, is amended to read:
1941 626.884 Maintenance of records by administrator; access;
1942 confidentiality.—
1943 (2) The office shall have access to books and records
1944 maintained by the administrator for the purpose of examination,
1945 audit, and inspection. Information contained in such books and
1946 records is confidential and exempt from the provisions of s.
1947 119.07(1) if the disclosure of such information would reveal a
1948 trade secret as defined in s. 688.002. However, The office may
1949 use the such information contained in such books and records in
1950 any proceeding instituted against the administrator.
1951 Section 69. Subsection (1) of section 626.9936, Florida
1952 Statutes, is amended to read:
1953 626.9936 Access to records.—
1954 (1) Notwithstanding subsections (1) and (2) of Article
1955 VIII, subsection (2) of Article X, and subsection (6) of Article
1956 XII of the Interstate Insurance Product Regulation Compact, a
1957 request by a resident of this state for public inspection and
1958 copying of information, data, or official records that includes:
1959 (a) An insurer’s trade secrets shall be referred to the
1960 commissioner who shall respond to the request, with the
1961 cooperation and assistance of the commission, in accordance with
1962 s. 688.01 s. 624.4213; or
1963 (b) Matters of privacy of individuals shall be referred to
1964 the commissioner who shall respond to the request, with the
1965 cooperation and assistance of the commission, in accordance with
1966 s. 119.07(1).
1967 Section 70. Paragraph (g) of subsection (3) of section
1968 627.0628, Florida Statutes, is amended to read:
1969 627.0628 Florida Commission on Hurricane Loss Projection
1970 Methodology; public records exemption; public meetings
1971 exemption.—
1972 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
1973 (g)1. A trade secret, as defined in s. 688.002, which is
1974 used in designing and constructing a hurricane or flood loss
1975 model and which is provided pursuant to this section, by a
1976 private company, to the commission, office, or consumer advocate
1977 appointed pursuant to s. 627.0613 is confidential and exempt
1978 from s. 119.07(1) and s. 24(a), Art. I of the State
1979 Constitution.
1980 1.2.a. That portion of a meeting of the commission or of a
1981 rate proceeding on an insurer’s rate filing at which a trade
1982 secret made confidential and exempt pursuant to s. 688.01 by
1983 this paragraph is discussed is exempt from s. 286.011 and s.
1984 24(b), Art. I of the State Constitution. The closed meeting must
1985 be recorded, and no portion of the closed meeting may be off the
1986 record.
1987 2.b. The recording of a closed portion of a meeting is
1988 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
1989 Constitution.
1990 Section 71. Paragraph (a) of subsection (11) of section
1991 627.3518, Florida Statutes, is amended to read:
1992 627.3518 Citizens Property Insurance Corporation
1993 policyholder eligibility clearinghouse program.—The purpose of
1994 this section is to provide a framework for the corporation to
1995 implement a clearinghouse program by January 1, 2014.
1996 (11) Proprietary business information provided to the
1997 corporation’s clearinghouse by insurers with respect to
1998 identifying and selecting risks for an offer of coverage is
1999 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
2000 of the State Constitution.
2001 (a) As used in this subsection, the term “proprietary
2002 business information” means information, regardless of form or
2003 characteristics, which is owned or controlled by an insurer and:
2004 1. Is identified by the insurer as proprietary business
2005 information and is intended to be and is treated by the insurer
2006 as private in that the disclosure of the information would cause
2007 harm to the insurer, an individual, or the company’s business
2008 operations and has not been disclosed unless disclosed pursuant
2009 to a statutory requirement, an order of a court or
2010 administrative body, or a private agreement that provides that
2011 the information will not be released to the public;
2012 2. Is not otherwise readily ascertainable or publicly
2013 available by proper means by other persons from another source
2014 in the same configuration as provided to the clearinghouse; and
2015 3. Includes:
2016 a. Trade secrets, as defined in s. 688.002.
2017 b. information relating to competitive interests, the
2018 disclosure of which would impair the competitive business of the
2019 provider of the information.
2020
2021 Proprietary business information may be found in underwriting
2022 criteria or instructions which are used to identify and select
2023 risks through the program for an offer of coverage and are
2024 shared with the clearinghouse to facilitate the shopping of
2025 risks with the insurer.
2026 Section 72. Subsections (4), (5), and (14) of section
2027 655.057, Florida Statutes, are amended to read:
2028 655.057 Records; limited restrictions upon public access.—
2029 (4) Except as otherwise provided in this section and except
2030 for those portions that are otherwise public record, trade
2031 secrets as defined in s. 688.002 which comply with s. 655.0591
2032 and which are held by the office in accordance with its
2033 statutory duties with respect to the financial institutions
2034 codes are confidential and exempt from s. 119.07(1) and s.
2035 24(a), Art. I of the State Constitution.
2036 (4)(5) This section and s. 688.01 do not does not prevent
2037 or restrict:
2038 (a) Publishing reports that are required to be submitted to
2039 the office pursuant to s. 655.045(2) or required by applicable
2040 federal statutes or regulations to be published.
2041 (b) Furnishing records or information to any other state,
2042 federal, or foreign agency responsible for the regulation or
2043 supervision of financial institutions.
2044 (c) Disclosing or publishing summaries of the condition of
2045 financial institutions and general economic and similar
2046 statistics and data, provided that the identity of a particular
2047 financial institution is not disclosed.
2048 (d) Reporting any suspected criminal activity, with
2049 supporting documents and information, to appropriate law
2050 enforcement and prosecutorial agencies.
2051 (e) Furnishing information upon request to the Chief
2052 Financial Officer or the Division of Treasury of the Department
2053 of Financial Services regarding the financial condition of any
2054 financial institution that is, or has applied to be, designated
2055 as a qualified public depository pursuant to chapter 280.
2056 (f) Furnishing information to Federal Home Loan Banks
2057 regarding its member institutions pursuant to an information
2058 sharing agreement between the Federal Home Loan Banks and the
2059 office.
2060
2061 Any confidential information or records obtained from the office
2062 pursuant to this subsection shall be maintained as confidential
2063 and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
2064 Constitution.
2065 (13)(14) This section is Subsections (1), (2), (5), and (9)
2066 are subject to the Open Government Sunset Review Act in
2067 accordance with s. 119.15 and is are repealed on October 2,
2068 2022, unless reviewed and saved from repeal through reenactment
2069 by the Legislature.
2070 Section 73. Section 655.0591, Florida Statutes, is
2071 repealed.
2072 Section 74. Subsection (11) of section 663.533, Florida
2073 Statutes, is amended to read:
2074 663.533 Applicability of the financial institutions codes.
2075 A qualified limited service affiliate is subject to the
2076 financial institutions codes. Without limiting the foregoing,
2077 the following provisions are applicable to a qualified limited
2078 service affiliate:
2079 (11) Section 688.01 655.0591, relating to trade secret
2080 documents.
2081
2082 This section does not prohibit the office from investigating or
2083 examining an entity to ensure that it is not in violation of
2084 this chapter or applicable provisions of the financial
2085 institutions codes.
2086 Section 75. Section 721.071, Florida Statutes, is repealed.
2087 Section 76. Section 815.04, Florida Statutes, is amended to
2088 read:
2089 815.04 Offenses against intellectual property; public
2090 records exemption.—
2091 (1) A person who willfully, knowingly, and without
2092 authorization introduces a computer contaminant or modifies or
2093 renders unavailable data, programs, or supporting documentation
2094 residing or existing internal or external to a computer,
2095 computer system, computer network, or electronic device commits
2096 an offense against intellectual property.
2097 (2) A person who willfully, knowingly, and without
2098 authorization destroys data, programs, or supporting
2099 documentation residing or existing internal or external to a
2100 computer, computer system, computer network, or electronic
2101 device commits an offense against intellectual property.
2102 (3) Data, programs, or supporting documentation that is a
2103 trade secret as defined in s. 812.081, that is held by an agency
2104 as defined in chapter 119, and that resides or exists internal
2105 or external to a computer, computer system, computer network, or
2106 electronic device is confidential and exempt from the provisions
2107 of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2108 This subsection is subject to the Open Government Sunset Review
2109 Act in accordance with s. 119.15 and shall stand repealed on
2110 October 2, 2021, unless reviewed and saved from repeal through
2111 reenactment by the Legislature.
2112 (3)(4) A person who willfully, knowingly, and without
2113 authorization discloses or takes data, programs, or supporting
2114 documentation that is a trade secret as defined in s. 812.081 or
2115 is confidential as provided by law residing or existing internal
2116 or external to a computer, computer system, computer network, or
2117 electronic device commits an offense against intellectual
2118 property.
2119 (4)(5)(a) Except as otherwise provided in this subsection,
2120 an offense against intellectual property is a felony of the
2121 third degree, punishable as provided in s. 775.082, s. 775.083,
2122 or s. 775.084.
2123 (b) If the offense is committed for the purpose of devising
2124 or executing any scheme or artifice to defraud or to obtain any
2125 property, the person commits a felony of the second degree,
2126 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2127 Section 77. Section 815.045, Florida Statutes, is repealed.
2128 Section 78. Subsection (2) of section 1004.22, Florida
2129 Statutes, is amended to read:
2130 1004.22 Divisions of sponsored research at state
2131 universities.—
2132 (2) The university shall set such policies to regulate the
2133 activities of the divisions of sponsored research as it may
2134 consider necessary to administer the research programs in a
2135 manner which assures efficiency and effectiveness, producing the
2136 maximum benefit for the educational programs and maximum service
2137 to the state. To this end, materials that relate to methods of
2138 manufacture or production, potential trade secrets, potentially
2139 patentable material, actual trade secrets, as defined in s.
2140 688.01, business transactions, or proprietary information
2141 received, generated, ascertained, or discovered during the
2142 course of research conducted within the state universities shall
2143 be confidential and exempt from the provisions of s. 119.07(1),
2144 except that a division of sponsored research shall make
2145 available upon request the title and description of a research
2146 project, the name of the researcher, and the amount and source
2147 of funding provided for such project.
2148 Section 79. Paragraph (c) of subsection (2) and subsections
2149 (3), (4), and (7) of section 1004.30, Florida Statutes, are
2150 amended to read:
2151 1004.30 University health services support organization;
2152 confidentiality of information.—
2153 (2) The following university health services support
2154 organization’s records and information are confidential and
2155 exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
2156 of the State Constitution:
2157 (c) Trade secrets, as defined in s. 688.002, including
2158 reimbursement methodologies and rates.
2159 (3) Any portion of a governing board or peer review panel
2160 or committee meeting during which a confidential and exempt
2161 contract, document, record, or marketing plan, or trade secret,
2162 as provided for in subsection (2), or a confidential and exempt
2163 trade secret, as provided for in s. 688.01, is discussed is
2164 exempt from the provisions of s. 286.011 and s. 24(b), Art. I of
2165 the State Constitution.
2166 (4) Those portions of any public record, such as a tape
2167 recording, minutes, and notes, generated during that portion of
2168 a governing board or peer review panel or committee meeting
2169 which is closed to the public pursuant to this section, which
2170 contain information relating to contracts, documents, records,
2171 marketing plans, or trade secrets which are made confidential
2172 and exempt by this section, are confidential and exempt from the
2173 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2174 Constitution.
2175 (7) Those portions of any public record, such as a tape
2176 recording, minutes, or notes, generated during that portion of a
2177 governing board meeting at which negotiations for contracts for
2178 managed-care arrangements occur, are reported on, or are acted
2179 on by the governing board, which record is made confidential and
2180 exempt by subsection (4), shall become public records 2 years
2181 after the termination or completion of the term of the contract
2182 to which such negotiations relate or, if no contract was
2183 executed, 2 years after the termination of the negotiations.
2184 Notwithstanding paragraph (2)(a) and subsection (4), a
2185 university health services support organization must make
2186 available, upon request, the title and general description of a
2187 contract for managed-care arrangements, the names of the
2188 contracting parties, and the duration of the contract term. All
2189 contracts for managed-care arrangements which are made
2190 confidential and exempt by paragraph (2)(a), except those
2191 portions of any contract containing trade secrets which are made
2192 confidential and exempt by s. 688.01 paragraph (2)(c), shall
2193 become public 2 years after the termination or completion of the
2194 term of the contract.
2195 Section 80. Paragraph (b) of subsection (8) of section
2196 1004.43, Florida Statutes, is amended to read:
2197 1004.43 H. Lee Moffitt Cancer Center and Research
2198 Institute.—There is established the H. Lee Moffitt Cancer Center
2199 and Research Institute, a statewide resource for basic and
2200 clinical research and multidisciplinary approaches to patient
2201 care.
2202 (8)
2203 (b) Proprietary confidential business information is
2204 confidential and exempt from the provisions of s. 119.07(1) and
2205 s. 24(a), Art. I of the State Constitution. However, the Auditor
2206 General, the Office of Program Policy Analysis and Government
2207 Accountability, and the Board of Governors, pursuant to their
2208 oversight and auditing functions, must be given access to all
2209 proprietary confidential business information upon request and
2210 without subpoena and must maintain the confidentiality of
2211 information so received. As used in this paragraph, the term
2212 “proprietary confidential business information” means
2213 information, regardless of its form or characteristics, which is
2214 owned or controlled by the not-for-profit corporation or its
2215 subsidiaries; is intended to be and is treated by the not-for
2216 profit corporation or its subsidiaries as private and the
2217 disclosure of which would harm the business operations of the
2218 not-for-profit corporation or its subsidiaries; has not been
2219 intentionally disclosed by the corporation or its subsidiaries
2220 unless pursuant to law, an order of a court or administrative
2221 body, a legislative proceeding pursuant to s. 5, Art. III of the
2222 State Constitution, or a private agreement that provides that
2223 the information may be released to the public; and which is
2224 information concerning:
2225 1. Internal auditing controls and reports of internal
2226 auditors;
2227 2. Matters reasonably encompassed in privileged attorney
2228 client communications;
2229 3. Contracts for managed-care arrangements, including
2230 preferred provider organization contracts, health maintenance
2231 organization contracts, and exclusive provider organization
2232 contracts, and any documents directly relating to the
2233 negotiation, performance, and implementation of any such
2234 contracts for managed-care arrangements;
2235 4. Bids or other contractual data, banking records, and
2236 credit agreements the disclosure of which would impair the
2237 efforts of the not-for-profit corporation or its subsidiaries to
2238 contract for goods or services on favorable terms;
2239 5. Information relating to private contractual data, the
2240 disclosure of which would impair the competitive interest of the
2241 provider of the information;
2242 6. Corporate officer and employee personnel information;
2243 7. Information relating to the proceedings and records of
2244 credentialing panels and committees and of the governing board
2245 of the not-for-profit corporation or its subsidiaries relating
2246 to credentialing;
2247 8. Minutes of meetings of the governing board of the not
2248 for-profit corporation and its subsidiaries, except minutes of
2249 meetings open to the public pursuant to subsection (9);
2250 9. Information that reveals plans for marketing services
2251 that the corporation or its subsidiaries reasonably expect to be
2252 provided by competitors;
2253 10. Trade secrets as defined in s. 688.01 s. 688.002,
2254 including:
2255 a. Information relating to methods of manufacture or
2256 production, potential trade secrets, potentially patentable
2257 materials, or proprietary information received, generated,
2258 ascertained, or discovered during the course of research
2259 conducted by the not-for-profit corporation or its subsidiaries;
2260 and
2261 b. Reimbursement methodologies or rates;
2262 11. The identity of donors or prospective donors of
2263 property who wish to remain anonymous or any information
2264 identifying such donors or prospective donors. The anonymity of
2265 these donors or prospective donors must be maintained in the
2266 auditor’s report; or
2267 12. Any information received by the not-for-profit
2268 corporation or its subsidiaries from an agency in this or
2269 another state or nation or the Federal Government which is
2270 otherwise exempt or confidential pursuant to the laws of this or
2271 another state or nation or pursuant to federal law.
2272
2273 As used in this paragraph, the term “managed care” means systems
2274 or techniques generally used by third-party payors or their
2275 agents to affect access to and control payment for health care
2276 services. Managed-care techniques most often include one or more
2277 of the following: prior, concurrent, and retrospective review of
2278 the medical necessity and appropriateness of services or site of
2279 services; contracts with selected health care providers;
2280 financial incentives or disincentives related to the use of
2281 specific providers, services, or service sites; controlled
2282 access to and coordination of services by a case manager; and
2283 payor efforts to identify treatment alternatives and modify
2284 benefit restrictions for high-cost patient care.
2285 Section 81. Paragraph (a) of subsection (2) of section
2286 1004.4472, Florida Statutes, is amended to read:
2287 1004.4472 Florida Institute for Human and Machine
2288 Cognition, Inc.; public records exemption; public meetings
2289 exemption.—
2290 (2) The following information held by the corporation or
2291 its subsidiary is confidential and exempt from s. 119.07(1) and
2292 s. 24(a), Art. I of the State Constitution:
2293 (a) Material relating to methods of manufacture or
2294 production, potential trade secrets, patentable material, actual
2295 trade secrets as defined in s. 688.01, s. 688.002 or proprietary
2296 information received, generated, ascertained, or discovered
2297 during the course of research conducted by or through the
2298 corporation or a subsidiary, and business transactions resulting
2299 from such research.
2300 Section 82. Subsection (2) of section 1004.78, Florida
2301 Statutes, is amended to read:
2302 1004.78 Technology transfer centers at Florida College
2303 System institutions.—
2304 (2) The Florida College System institution board of
2305 trustees shall set such policies to regulate the activities of
2306 the technology transfer center as it may consider necessary to
2307 effectuate the purposes of this section and to administer the
2308 programs of the center in a manner which assures efficiency and
2309 effectiveness, producing the maximum benefit for the educational
2310 programs and maximum service to the state. To this end,
2311 materials that relate to methods of manufacture or production,
2312 potential trade secrets, potentially patentable material, actual
2313 trade secrets as defined in s. 688.01, business transactions, or
2314 proprietary information received, generated, ascertained, or
2315 discovered during the course of activities conducted within the
2316 Florida College System institutions shall be confidential and
2317 exempt from the provisions of s. 119.07(1), except that a
2318 Florida College System institution shall make available upon
2319 request the title and description of a project, the name of the
2320 investigator, and the amount and source of funding provided for
2321 such project.
2322 Section 83. Section 601.80, Florida Statutes, is amended to
2323 read:
2324 601.80 Unlawful to use uncertified coloring matter.—It is
2325 unlawful for any person to use on oranges or citrus hybrids any
2326 coloring matter which has not first received the approval of the
2327 Department of Agriculture as provided under s. 601.76.
2328 Section 84. Subsection (11) of section 663.533, Florida
2329 Statutes, is amended to read:
2330 663.533 Applicability of the financial institutions codes.
2331 A qualified limited service affiliate is subject to the
2332 financial institutions codes. Without limiting the foregoing,
2333 the following provisions are applicable to a qualified limited
2334 service affiliate:
2335 (11) Section 655.0591, relating to trade secret documents.
2336
2337 This section does not prohibit the office from investigating or
2338 examining an entity to ensure that it is not in violation of
2339 this chapter or applicable provisions of the financial
2340 institutions codes.
2341 Section 85. Paragraph (c) of subsection (12) of section
2342 721.13, Florida Statutes, is amended to read:
2343 721.13 Management.—
2344 (12)
2345 (c) The managing entity shall maintain copies of all
2346 records, data, and information supporting the processes,
2347 analyses, procedures, and methods utilized by the managing
2348 entity in its determination to reserve accommodations of the
2349 timeshare plan pursuant to this subsection for a period of 5
2350 years from the date of such determination. In the event of an
2351 investigation by the division for failure of a managing entity
2352 to comply with this subsection, the managing entity shall make
2353 all such records, data, and information available to the
2354 division for inspection, provided that if the managing entity
2355 complies with the provisions of s. 721.071, any such records,
2356 data, and information provided to the division shall constitute
2357 a trade secret pursuant to that section.
2358 Section 86. Paragraphs (a) and (c) of subsection (3) of
2359 section 921.0022, Florida Statutes, are amended to read:
2360 921.0022 Criminal Punishment Code; offense severity ranking
2361 chart.—
2362 (3) OFFENSE SEVERITY RANKING CHART
2363 (a) LEVEL 1
2364
2365 FloridaStatute FelonyDegree Description
2366 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
2367 212.054(2)(b) 3rd Discretionary sales surtax; limitations, administration, and collection.
2368 212.15(2)(b) 3rd Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
2369 316.1935(1) 3rd Fleeing or attempting to elude law enforcement officer.
2370 319.30(5) 3rd Sell, exchange, give away certificate of title or identification number plate.
2371 319.35(1)(a) 3rd Tamper, adjust, change, etc., an odometer.
2372 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
2373 322.212 (1)(a)-(c) 3rd Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
2374 322.212(4) 3rd Supply or aid in supplying unauthorized driver license or identification card.
2375 322.212(5)(a) 3rd False application for driver license or identification card.
2376 414.39(3)(a) 3rd Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
2377 443.071(1) 3rd False statement or representation to obtain or increase reemployment assistance benefits.
2378 509.151(1) 3rd Defraud an innkeeper, food or lodging value $1,000 or more.
2379 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.
2380 713.69 3rd Tenant removes property upon which lien has accrued, value $1,000 or more.
2381 812.014(3)(c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2).
2382 812.081(2) 3rd Unlawfully makes or causes to be made a reproduction of a trade secret.
2383 815.04(4)(a) 815.04(5)(a) 3rd Offense against intellectual property (i.e., computer programs, data).
2384 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
2385 817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.
2386 826.01 3rd Bigamy.
2387 828.122(3) 3rd Fighting or baiting animals.
2388 831.04(1) 3rd Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
2389 831.31(1)(a) 3rd Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
2390 832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
2391 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.
2392 838.15(2) 3rd Commercial bribe receiving.
2393 838.16 3rd Commercial bribery.
2394 843.18 3rd Fleeing by boat to elude a law enforcement officer.
2395 847.011(1)(a) 3rd Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
2396 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.
2397 849.23 3rd Gambling-related machines; “common offender” as to property rights.
2398 849.25(2) 3rd Engaging in bookmaking.
2399 860.08 3rd Interfere with a railroad signal.
2400 860.13(1)(a) 3rd Operate aircraft while under the influence.
2401 893.13(2)(a)2. 3rd Purchase of cannabis.
2402 893.13(6)(a) 3rd Possession of cannabis (more than 20 grams).
2403 934.03(1)(a) 3rd Intercepts, or procures any other person to intercept, any wire or oral communication.
2404 (c) LEVEL 3
2405
2406 FloridaStatute FelonyDegree Description
2407 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
2408 316.066 (3)(b)-(d) 3rd Unlawfully obtaining or using confidential crash reports.
2409 316.193(2)(b) 3rd Felony DUI, 3rd conviction.
2410 316.1935(2) 3rd Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
2411 319.30(4) 3rd Possession by junkyard of motor vehicle with identification number plate removed.
2412 319.33(1)(a) 3rd Alter or forge any certificate of title to a motor vehicle or mobile home.
2413 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
2414 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
2415 327.35(2)(b) 3rd Felony BUI.
2416 328.05(2) 3rd Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
2417 328.07(4) 3rd Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
2418 376.302(5) 3rd Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
2419 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.
2420 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.
2421 379.2431 (1)(e)7. 3rd Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
2422 400.9935(4)(a) or (b) 3rd Operating a clinic, or offering services requiring licensure, without a license.
2423 400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
2424 440.1051(3) 3rd False report of workers’ compensation fraud or retaliation for making such a report.
2425 501.001(2)(b) 2nd Tampers with a consumer product or the container using materially false/misleading information.
2426 624.401(4)(a) 3rd Transacting insurance without a certificate of authority.
2427 624.401(4)(b)1. 3rd Transacting insurance without a certificate of authority; premium collected less than $20,000.
2428 626.902(1)(a) & (b) 3rd Representing an unauthorized insurer.
2429 697.08 3rd Equity skimming.
2430 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.
2431 806.10(1) 3rd Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
2432 806.10(2) 3rd Interferes with or assaults firefighter in performance of duty.
2433 810.09(2)(c) 3rd Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
2434 812.014(2)(c)2. 3rd Grand theft; $5,000 or more but less than $10,000.
2435 812.0145(2)(c) 3rd Theft from person 65 years of age or older; $300 or more but less than $10,000.
2436 812.015(8)(b) 3rd Retail theft with intent to sell; conspires with others.
2437 815.04(4)(b) 815.04(5)(b) 2nd Computer offense devised to defraud or obtain property.
2438 817.034(4)(a)3. 3rd Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
2439 817.233 3rd Burning to defraud insurer.
2440 817.234 (8)(b) & (c) 3rd Unlawful solicitation of persons involved in motor vehicle accidents.
2441 817.234(11)(a) 3rd Insurance fraud; property value less than $20,000.
2442 817.236 3rd Filing a false motor vehicle insurance application.
2443 817.2361 3rd Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
2444 817.413(2) 3rd Sale of used goods of $1,000 or more as new.
2445 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
2446 831.29 2nd Possession of instruments for counterfeiting driver licenses or identification cards.
2447 838.021(3)(b) 3rd Threatens unlawful harm to public servant.
2448 843.19 2nd Injure, disable, or kill police, fire, or SAR canine or police horse.
2449 860.15(3) 3rd Overcharging for repairs and parts.
2450 870.01(2) 3rd Riot; inciting or encouraging.
2451 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
2452 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
2453 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)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
2454 893.13(4)(c) 3rd Use or hire of minor; deliver to minor other controlled substances.
2455 893.13(6)(a) 3rd Possession of any controlled substance other than felony possession of cannabis.
2456 893.13(7)(a)8. 3rd Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
2457 893.13(7)(a)9. 3rd Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
2458 893.13(7)(a)10. 3rd Affix false or forged label to package of controlled substance.
2459 893.13(7)(a)11. 3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
2460 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.
2461 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.
2462 893.13(8)(a)3. 3rd Knowingly write a prescription for a controlled substance for a fictitious person.
2463 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.
2464 918.13(1)(a) 3rd Alter, destroy, or conceal investigation evidence.
2465 944.47 (1)(a)1. & 2. 3rd Introduce contraband to correctional facility.
2466 944.47(1)(c) 2nd Possess contraband while upon the grounds of a correctional institution.
2467 985.721 3rd Escapes from a juvenile facility (secure detention or residential commitment facility).
2468 Section 87. For the purpose of incorporating the amendment
2469 made by this act to section 364.183, Florida Statutes, in a
2470 reference thereto, subsection (5) of section 408.185, Florida
2471 Statutes, is reenacted to read:
2472 408.185 Information submitted for review of antitrust
2473 issues; confidentiality.—The following information held by the
2474 Office of the Attorney General, which is submitted by a member
2475 of the health care community pursuant to a request for an
2476 antitrust no-action letter shall be confidential and exempt from
2477 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
2478 Constitution for 1 year after the date of submission.
2479 (5) Proprietary confidential business information as
2480 defined in s. 364.183(3).
2481 Section 88. For the purpose of incorporating the amendment
2482 made by this act to section 366.093, Florida Statutes, in a
2483 reference thereto, subsection (2) of section 425.045, Florida
2484 Statutes, is reenacted to read:
2485 425.045 Meetings of trustees; records.—
2486 (2) Every person who has custody of the records of a
2487 cooperative organized pursuant to this chapter, or any
2488 affiliated company or subsidiary thereof, shall permit the
2489 records to be inspected and examined by any member of such
2490 cooperative desiring to do so, at any reasonable time, under
2491 reasonable conditions, and under supervision by the custodian of
2492 the records or the custodian’s designee. The custodian shall
2493 furnish a copy of the records upon payment of the actual cost of
2494 duplication of the records. This section shall not apply to
2495 records which constitute proprietary confidential business
2496 information as defined in s. 366.093.
2497 Section 89. This act shall take effect upon becoming a law
2498 if SB ___ or similar legislation is adopted in the same
2499 legislative session or an extension thereof and becomes a law.
