Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 566
       
       
       
       
       
       
                                Ì275952=Î275952                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2015           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 423 - 628
    4  and insert:
    5         Section 12. Section 499.931, Florida Statutes, is amended
    6  to read:
    7         499.931 Trade secret information.—Information required to
    8  be submitted under this part which is a trade secret as defined
    9  in s. 812.081(1)(c) and designated as a trade secret by an
   10  applicant or permitholder must be maintained as required under
   11  s. 499.051. This section is subject to the Open Government
   12  Sunset Review Act in accordance with s. 119.15 and shall stand
   13  repealed on October 2, 2020, unless reviewed and saved from
   14  repeal through reenactment by the Legislature.
   15         Section 13. Section 502.222, Florida Statutes, is amended
   16  to read:
   17         502.222 Information relating to trade secrets
   18  confidential.—The records of the department regarding matters
   19  encompassed by this chapter are public records, subject to the
   20  provisions of chapter 119, except that any information that
   21  which would reveal a trade secret, as defined in s. 812.081, of
   22  a dairy industry business is confidential and exempt from the
   23  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   24  Constitution. If the department determines that any information
   25  requested by the public will reveal a trade secret, it shall, in
   26  writing, inform the person making the request of that
   27  determination. The determination is a final order as defined in
   28  s. 120.52. This section is subject to the Open Government Sunset
   29  Review Act in accordance with s. 119.15 and shall stand repealed
   30  on October 2, 2020, unless reviewed and saved from repeal
   31  through reenactment by the Legislature.
   32         Section 14. Subsection (3) of section 570.48, Florida
   33  Statutes, is amended to read:
   34         570.48 Division of Fruit and Vegetables; powers and duties;
   35  records.—The duties of the Division of Fruit and Vegetables
   36  include, but are not limited to:
   37         (3) Maintaining the records of the division. The records of
   38  the division are public records; however, trade secrets as
   39  defined in s. 812.081 are confidential and exempt from the
   40  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
   41  Constitution. This subsection is subject to the Open Government
   42  Sunset Review Act in accordance with s. 119.15 and shall stand
   43  repealed on October 2, 2020, unless reviewed and saved from
   44  repeal through reenactment by the Legislature. This section may
   45  shall not be construed to prohibit:
   46         (a) A disclosure necessary to enforcement procedures.
   47         (b) The department from releasing information to other
   48  governmental agencies. Other governmental agencies that receive
   49  confidential information from the department under this
   50  subsection shall maintain the confidentiality of that
   51  information.
   52         (c) The department or other agencies from compiling and
   53  publishing appropriate data regarding procedures, yield,
   54  recovery, quality, and related matters, provided such released
   55  data do not reveal by whom the activity to which the data relate
   56  was conducted.
   57         Section 15. Subsection (2) of section 573.123, Florida
   58  Statutes, is amended to read:
   59         573.123 Maintenance and production of records.—
   60         (2) Information that, if disclosed, would reveal a trade
   61  secret, as defined in s. 812.081, of any person subject to a
   62  marketing order is confidential and exempt from the provisions
   63  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
   64  and may shall not be disclosed except to an attorney who
   65  provides legal advice to the division about enforcing a market
   66  order or by court order. A person who receives confidential
   67  information under this subsection shall maintain the
   68  confidentiality of that information. This subsection is subject
   69  to the Open Government Sunset Review Act in accordance with s.
   70  119.15 and shall stand repealed on October 2, 2020, unless
   71  reviewed and saved from repeal through reenactment by the
   72  Legislature.
   73         Section 16. Subsection (8) of section 601.10, Florida
   74  Statutes, is amended to read:
   75         601.10 Powers of the Department of Citrus.—The department
   76  shall have and shall exercise such general and specific powers
   77  as are delegated to it by this chapter and other statutes of the
   78  state, which powers shall include, but are not limited to, the
   79  following:
   80         (8)(a) To prepare and disseminate information of importance
   81  to citrus growers, handlers, shippers, processors, and industry
   82  related and interested persons and organizations relating to
   83  department activities and the production, handling, shipping,
   84  processing, and marketing of citrus fruit and processed citrus
   85  products. Any information that constitutes a trade secret as
   86  defined in s. 812.081(1)(c) is confidential and exempt from s.
   87  119.07(1) and shall not be disclosed. For referendum and other
   88  notice and informational purposes, the department may prepare
   89  and maintain, from the best available sources, a citrus grower
   90  mailing list. Such list shall be a public record available as
   91  other public records, but is not it shall not be subject to the
   92  purging provisions of s. 283.55.
   93         (b) Any information provided to the department which
   94  constitutes a trade secret, as defined in s. 812.081, is
   95  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   96  of the State Constitution. This paragraph is subject to the Open
   97  Government Sunset Review Act in accordance with s. 119.15 and
   98  shall stand repealed on October 2, 2020, unless reviewed and
   99  saved from repeal through reenactment by the Legislature.
  100         (c)(b) Any nonpublished reports or data related to studies
  101  or research conducted, caused to be conducted, or funded by the
  102  department under s. 601.13 is confidential and exempt from s.
  103  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  104  paragraph is subject to the Open Government Sunset Review Act in
  105  accordance with s. 119.15 and shall stand repealed on October 2,
  106  2017, unless reviewed and saved from repeal through reenactment
  107  by the Legislature.
  108         Section 17. Paragraph (d) of subsection (7) of section
  109  601.15, Florida Statutes, is amended to read:
  110         601.15 Advertising campaign; methods of conducting;
  111  assessments; emergency reserve fund; citrus research.—
  112         (7) All assessments levied and collected under this chapter
  113  shall be paid into the State Treasury on or before the 15th day
  114  of each month. Such moneys shall be accounted for in a special
  115  fund to be designated as the Florida Citrus Advertising Trust
  116  Fund, and all moneys in such fund are appropriated to the
  117  department for the following purposes:
  118         (d)1. The pro rata portion of moneys allocated to each type
  119  of citrus product in noncommodity programs shall be used by the
  120  department to encourage substantial increases in the
  121  effectiveness, frequency, and volume of noncommodity
  122  advertising, merchandising, publicity, and sales promotion of
  123  such citrus products through rebates and incentive payments to
  124  handlers and trade customers for these activities. The
  125  department shall adopt rules providing for the use of such
  126  moneys. The rules shall establish alternate incentive programs,
  127  including at least one incentive program for product sold under
  128  advertised brands, one incentive program for product sold under
  129  private label brands, and one incentive program for product sold
  130  in bulk. For each incentive program, the rules shall establish
  131  eligibility and performance requirements and shall provide
  132  appropriate limitations on amounts payable to a handler or trade
  133  customer for a particular season. Such limitations may relate to
  134  the amount of citrus assessments levied and collected on the
  135  citrus product handled by such handler or trade customer during
  136  a 12-month representative period.
  137         2. The department may require from participants in
  138  noncommodity advertising and promotional programs commercial
  139  information necessary to determine eligibility for and
  140  performance in such programs. Any information so required which
  141  that constitutes a trade secret, as defined in s. 812.081, is
  142  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  143  of the State Constitution. This subparagraph is subject to the
  144  Open Government Sunset Review Act in accordance with s. 119.15
  145  and shall stand repealed on October 2, 2020, unless reviewed and
  146  saved from repeal through reenactment by the Legislature.
  147         Section 18. Paragraph (c) of subsection (8) of section
  148  601.152, Florida Statutes, is amended to read:
  149         601.152 Special marketing orders.—
  150         (8)
  151         (c)1. Every handler shall, at such times as the department
  152  may require, file with the department a return, not under oath,
  153  on forms to be prescribed and furnished by the department,
  154  certified as true and correct, stating the quantity of the type,
  155  variety, and form of citrus fruit or citrus product specified in
  156  the marketing order first handled in the primary channels of
  157  trade in the state by such handler during the period of time
  158  specified in the marketing order. Such returns shall contain any
  159  further information deemed by the department to be reasonably
  160  necessary to properly administer or enforce this section or any
  161  marketing order implemented under this section.
  162         2. Information that, if disclosed, would reveal a trade
  163  secret, as defined in s. 812.081, of any person subject to a
  164  marketing order is confidential and exempt from s. 119.07(1) and
  165  s. 24(a), Art. I of the State Constitution. This subparagraph is
  166  subject to the Open Government Sunset Review Act in accordance
  167  with s. 119.15 and shall stand repealed on October 2, 2020,
  168  unless reviewed and saved from repeal through reenactment by the
  169  Legislature.
  170         Section 19. Section 601.76, Florida Statutes, is amended to
  171  read:
  172         601.76 Manufacturer to furnish formula and other
  173  information.—Any formula required to be filed with the
  174  Department of Agriculture shall be deemed a trade secret as
  175  defined in s. 812.081, is confidential and exempt from s.
  176  119.07(1) and s. 24(a), Art. I of the State Constitution, and
  177  shall only be divulged only to the Department of Agriculture or
  178  to its duly authorized representatives or upon court order
  179  orders of a court of competent jurisdiction when necessary in
  180  the enforcement of this law. A person who receives such a
  181  formula from the Department of Agriculture under this section
  182  shall maintain the confidentiality of the formula. This section
  183  is subject to the Open Government Sunset Review Act in
  184  accordance with s. 119.15 and shall stand repealed on October 2,
  185  2020, unless reviewed and saved from repeal through reenactment
  186  by the Legislature.
  187         Section 20. Subsections (3) and (6) of section 815.04,
  188  Florida Statutes, are amended to read:
  189         815.04 Offenses against intellectual property; public
  190  records exemption.—
  191         (3) Data, programs, or supporting documentation that is a
  192  trade secret as defined in s. 812.081, that is held by an agency
  193  as defined in chapter 119, and that resides or exists internal
  194  or external to a computer, computer system, computer network, or
  195  electronic device is confidential and exempt from the provisions
  196  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  197         (6) Subsection Subsections (3) and (4) is are subject to
  198  the Open Government Sunset Review Act in accordance with s.
  199  119.15, and shall stand repealed on October 2, 2019, unless
  200  reviewed and saved from repeal through reenactment by the
  201  Legislature. Subsection (3) is subject to the Open Government
  202  Sunset Review Act in accordance with s. 119.15, and shall stand
  203  repealed on October 2, 2020, unless reviewed and saved from
  204  repeal through reenactment by the Legislature.
  205         Section 21. The Legislature finds that it is a public
  206  necessity that financial information comprising a trade secret
  207  as defined in s. 812.081, Florida Statutes, be made exempt or
  208  confidential and exempt from s. 119.07(1), Florida Statutes, and
  209  s. 24(a), Article I of the State Constitution. The Legislature
  210  also finds that it is a public necessity that any portion of a
  211  meeting in which a trade secret, as defined in s. 812.081,
  212  Florida Statutes, is discussed be made exempt from s. 286.011,
  213  Florida Statutes and s. 24(b), Article I of the State
  214  Constitution. The Legislature recognizes that in many instances,
  215  businesses are required to provide financial information for
  216  regulatory or other purposes to governmental entities and that
  217  disclosure of such information to competitors of those
  218  businesses would be detrimental to the businesses. The
  219  Legislature’s intent is to protect trade secret information of a
  220  confidential nature that includes, but is not limited to, a
  221  formula, a pattern, a device, a combination of devices, or a
  222  compilation of information used to protect or further a business
  223  advantage over those who do not know or use the information, the
  224  disclosure of which would injure the affected business in the
  225  marketplace. Therefore, the Legislature finds that the need to
  226  protect trade secret financial information is sufficiently
  227  compelling to override this state’s public policy of open
  228  government and that the protection of such information cannot be
  229  accomplished without these exemptions.
  230  
  231  ================= T I T L E  A M E N D M E N T ================
  232  And the title is amended as follows:
  233         Delete lines 2 - 45
  234  and insert:
  235         An act relating to public records and meetings;
  236         amending ss. 119.071, 125.0104, 288.1226, 331.326,
  237         365.174, 381.83, 403.7046, 403.73, 499.012, 499.0121,
  238         499.051, 499.931, 502.222, 570.48, 573.123, 601.10,
  239         601.15, 601.152, 601.76, and 815.04, F.S.; expanding
  240         public records exemptions for certain data processing
  241         software obtained by an agency, certain information
  242         held by a county tourism promotion agency, information
  243         related to trade secrets held by the Florida Tourism
  244         Industry Marketing Corporation, information related to
  245         trade secrets held by Space Florida, proprietary
  246         confidential business information submitted to the
  247         Department of Revenue, trade secret information held
  248         by the Department of Health, trade secret information
  249         reported or submitted to the Department of
  250         Environmental Protection, trade secret information in
  251         an application for a permit for a prescription drug
  252         wholesale distributor or an out-of-state prescription
  253         drug wholesale distributor, trade secret information
  254         contained in an application for a permit for a
  255         secondary wholesale distributor, trade secret
  256         information contained in the prescription drug
  257         purchase list, trade secret information relating to
  258         medical gas submitted to the Department of Business
  259         and Professional Regulation, trade secret information
  260         contained in a complaint and any investigatory
  261         documents held by the Department of Business and
  262         Professional Regulation, trade secret information of a
  263         dairy industry business held by the Department of
  264         Agriculture and Consumer Services, trade secret
  265         information held by the Division of Fruits and
  266         Vegetables of the Department of Agriculture and
  267         Consumer Services, trade secret information of a
  268         person subject to a marketing order held by the
  269         Department of Agriculture and Consumer Services, trade
  270         secret information provided to the Department of
  271         Citrus, trade secret information of noncommodity
  272         advertising and promotional program participants held
  273         by the Department of Citrus, trade secret information
  274         contained in a citrus handler’s return filed with the
  275         Department of Citrus, a manufacturer’s formula filed
  276         with the Department of Agriculture and Consumer
  277         Services, and specified data, programs, or supporting
  278         documentation held by an agency, respectively, to
  279         incorporate the amendment made to the definition of
  280         the term “trade secret” in s. 812.081, F.S., by SB
  281         564; amending s. 331.326, F.S.; expanding a public
  282         meetings exemption for any meeting or portion of a
  283         meeting of Space Florida’s board at which trade
  284         secrets are discussed to incorporate the amendment
  285         made to the definition of the term “trade secret” in
  286         s. 812.081, F.S., by SB 564; providing for future
  287         legislative review and