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CS/SB 366 — Public Records/Trade Secrets/Computers

by Governmental Oversight and Accountability Committee; and Senator Brandes

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Communications, Energy, and Public Utilities Committee (CU)

The bill expands an existing public records exemption for data, programs, or supporting documentation that contain trade secrets as defined in s. 812.081, F.S., reside or exist internal or external to a computer, computer system, or computer network, or electronic device, and are held by an agency. This bill is the public records companion to CS/CS/SB 364, which provides criminal penalties for computer related crimes. 

The exemptions are subject to the Open Government Sunset Review Act and will repeal on October 2, 2019, unless reviewed and reenacted by the Legislature. The bill contains a public necessity statement as required by the Florida Constitution.

These provisions take effect on the same date that SB 364 or similar legislation takes effect.

Vote: Senate 39-0; House 117-0