Florida Senate - 2015                                     SB 566
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00815-15                                            2015566__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending ss.
    3         119.071, 125.0104, 288.1226, 331.326, 365.174, 381.83,
    4         403.7046, 403.73, 499.051, 502.222, 570.48, 573.123,
    5         601.10, 601.15, 601.152, 601.76, and 815.04, F.S.;
    6         expanding public records exemptions for certain data
    7         processing software obtained by an agency, certain
    8         information held by a county tourism promotion agency,
    9         information related to trade secrets held by the
   10         Florida Tourism Industry Marketing Corporation,
   11         information related to trade secrets held by Space
   12         Florida, proprietary confidential business information
   13         submitted to the Department of Revenue, trade secret
   14         information held by the Department of Health, trade
   15         secret information reported or submitted to the
   16         Department of Environmental Protection, trade secret
   17         information contained in a complaint and any
   18         investigatory documents held by the Department of
   19         Business and Professional Regulation, trade secret
   20         information of a dairy industry business held by the
   21         Department of Agriculture and Consumer Services, trade
   22         secret information held by the Division of Fruits and
   23         Vegetables of the Department of Agriculture and
   24         Consumer Services, trade secret information of a
   25         person subject to a marketing order held by the
   26         Department of Agriculture and Consumer Services, trade
   27         secret information provided to the Department of
   28         Citrus, trade secret information of noncommodity
   29         advertising and promotional program participants held
   30         by the Department of Citrus, trade secret information
   31         contained in a citrus handler’s return filed with the
   32         Department of Citrus, a manufacturer’s formula filed
   33         with the Department of Agriculture and Consumer
   34         Services, and specified data, programs, or supporting
   35         documentation held by an agency, respectively, to
   36         incorporate the amendment made to the definition of
   37         the term “trade secret” in s. 812.081, F.S., by SB
   38         ___; providing for future legislative review and
   39         repeal of the exemptions; making editorial and
   40         technical changes; reenacting ss. 499.012(8)(g) and
   41         (m) and 499.0121(7), F.S., relating to the Florida
   42         Drug and Cosmetic Act, to incorporate the amendment
   43         made to s. 812.081, F.S., by SB ___, in references
   44         thereto; providing a statement of public necessity;
   45         providing a contingent effective date.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraph (f) of subsection (1) of section
   50  119.071, Florida Statutes, is amended to read:
   51         119.071 General exemptions from inspection or copying of
   52  public records.—
   53         (1) AGENCY ADMINISTRATION.—
   54         (f) Data processing software obtained by an agency under a
   55  licensing agreement that prohibits its disclosure and which
   56  software is a trade secret, as defined in s. 812.081, and
   57  agency-produced data processing software that is sensitive are
   58  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   59  Constitution. The designation of agency-produced software as
   60  sensitive does shall not prohibit an agency head from sharing or
   61  exchanging such software with another public agency. This
   62  paragraph is subject to the Open Government Sunset Review Act in
   63  accordance with s. 119.15 and shall stand repealed on October 2,
   64  2020, unless reviewed and saved from repeal through reenactment
   65  by the Legislature.
   66         Section 2. Paragraph (d) of subsection (9) of section
   67  125.0104, Florida Statutes, is amended to read:
   68         125.0104 Tourist development tax; procedure for levying;
   69  authorized uses; referendum; enforcement.—
   70         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
   71  other powers and duties provided for agencies created for the
   72  purpose of tourism promotion by a county levying the tourist
   73  development tax, such agencies are authorized and empowered to:
   74         (d) Undertake marketing research and advertising research
   75  studies and provide reservations services and convention and
   76  meetings booking services consistent with the authorized uses of
   77  revenue as set forth in subsection (5).
   78         1. Information given to a county tourism promotion agency
   79  which, if released, would reveal the identity of persons or
   80  entities who provide data or other information as a response to
   81  a sales promotion effort, an advertisement, or a research
   82  project or whose names, addresses, meeting or convention plan
   83  information or accommodations or other visitation needs become
   84  booking or reservation list data, is exempt from s. 119.07(1)
   85  and from s. 24(a), Art. I of the State Constitution.
   86         2. The following information, when held by a county tourism
   87  promotion agency, is exempt from s. 119.07(1) and from s. 24(a),
   88  Art. I of the State Constitution:
   89         a. A trade secret, as defined in s. 812.081.
   90         b. Booking business records, as defined in s. 255.047.
   91         b.c. Trade secrets and commercial or financial information
   92  gathered from a person and privileged or confidential, as
   93  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
   94  amendments thereto.
   95         3. A trade secret, as defined in s. 812.081, held by a
   96  county tourism agency is exempt from s. 119.07(1) and s. 24(a),
   97  Art. I of the State Constitution. This subparagraph is subject
   98  to the Open Government Sunset Review Act in accordance with s.
   99  119.15 and shall stand repealed on October 2, 2020, unless
  100  reviewed and saved from repeal through reenactment by the
  101  Legislature.
  102         Section 3. Subsection (8) of section 288.1226, Florida
  103  Statutes, is amended to read:
  104         288.1226 Florida Tourism Industry Marketing Corporation;
  105  use of property; board of directors; duties; audit.—
  106         (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  107  who responds to a marketing project or advertising research
  108  project conducted by the corporation in the performance of its
  109  duties on behalf of Enterprise Florida, Inc., or trade secrets
  110  as defined by s. 812.081 obtained pursuant to such activities,
  111  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  112  Constitution. This subsection is subject to the Open Government
  113  Sunset Review Act in accordance with s. 119.15 and shall stand
  114  repealed on October 2, 2020, unless reviewed and saved from
  115  repeal through reenactment by the Legislature.
  116         Section 4. Section 331.326, Florida Statutes, is amended to
  117  read:
  118         331.326 Information relating to trade secrets
  119  confidential.—The records of Space Florida regarding matters
  120  encompassed by this act are public records subject to the
  121  provisions of chapter 119. Any information held by Space Florida
  122  which is a trade secret, as defined in s. 812.081, including
  123  trade secrets of Space Florida, any spaceport user, or the space
  124  industry business, is confidential and exempt from the
  125  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  126  Constitution and may not be disclosed. If Space Florida
  127  determines that any information requested by the public will
  128  reveal a trade secret, it shall, in writing, inform the person
  129  making the request of that determination. The determination is a
  130  final order as defined in s. 120.52. Any meeting or portion of a
  131  meeting of Space Florida’s board is exempt from the provisions
  132  of s. 286.011 and s. 24(b), Art. I of the State Constitution
  133  when the board is discussing trade secrets. Any public record
  134  generated during the closed portions of the meetings, such as
  135  minutes, tape recordings, and notes, is confidential and exempt
  136  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  137  State Constitution. This section is subject to the Open
  138  Government Sunset Review Act in accordance with s. 119.15 and
  139  shall stand repealed on October 2, 2020, unless reviewed and
  140  saved from repeal through reenactment by the Legislature.
  141         Section 5. Subsection (2) of section 365.174, Florida
  142  Statutes, is amended to read:
  143         365.174 Proprietary confidential business information.—
  144         (2)(a) All proprietary confidential business information
  145  submitted by a provider to the Department of Revenue, as an
  146  agent of the board, is confidential and exempt from s. 119.07(1)
  147  and s. 24(a), Art. I of the State Constitution.
  148         (b) The Department of Revenue may provide information
  149  relative to s. 365.172(9) to the Secretary of Management
  150  Services, or his or her authorized agent, or to the E911 Board
  151  established in s. 365.172(5) for use in the conduct of the
  152  official business of the Department of Management Services or
  153  the E911 Board.
  154         (c) This subsection is subject to the Open Government
  155  Sunset Review Act in accordance with s. 119.15 and shall stand
  156  repealed on October 2, 2020 2019, unless reviewed and saved from
  157  repeal through reenactment by the Legislature.
  158         Section 6. Section 381.83, Florida Statutes, is amended to
  159  read:
  160         381.83 Trade secrets; confidentiality.—
  161         (1) Records, reports, or information obtained from any
  162  person under this chapter, unless otherwise provided by law,
  163  shall be available to the public, except upon a showing
  164  satisfactory to the department by the person from whom the
  165  records, reports, or information is obtained that such records,
  166  reports, or information, or a particular part thereof, contains
  167  trade secrets as defined in s. 812.081(1)(c). Such trade secrets
  168  are shall be confidential and are exempt from the provisions of
  169  s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The
  170  person submitting such trade secret information to the
  171  department must request that it be kept confidential and must
  172  inform the department of the basis for the claim of trade
  173  secret. The department shall, subject to notice and opportunity
  174  for hearing, determine whether the information, or portions
  175  thereof, claimed to be a trade secret is or is not a trade
  176  secret. Such trade secrets may be disclosed, however, to
  177  authorized representatives of the department or, pursuant to
  178  request, to other governmental entities in order for them to
  179  properly perform their duties, or when relevant in any
  180  proceeding under this chapter. Authorized representatives and
  181  other governmental entities receiving such trade secret
  182  information shall retain its confidentiality. Those involved in
  183  any proceeding under this chapter, including a hearing officer
  184  or judge or justice, shall retain the confidentiality of any
  185  trade secret information revealed at such proceeding.
  186         (2) This section is subject to the Open Government Sunset
  187  Review Act in accordance with s. 119.15 and shall stand repealed
  188  on October 2, 2020, unless reviewed and saved from repeal by
  189  reenactment by the Legislature.
  190         Section 7. Subsection (2) and paragraph (b) of subsection
  191  (3) of section 403.7046, Florida Statutes, are amended to read:
  192         403.7046 Regulation of recovered materials.—
  193         (2) Information reported pursuant to the requirements of
  194  this section or any rule adopted pursuant to this section which,
  195  if disclosed, would reveal a trade secret, as defined in s.
  196  812.081(1)(c), is confidential and exempt from the provisions of
  197  s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For
  198  reporting or information purposes, however, the department may
  199  provide this information in such form that the names of the
  200  persons reporting such information and the specific information
  201  reported are not revealed. This subsection is subject to the
  202  Open Government Sunset Review Act in accordance with s. 119.15
  203  and shall stand repealed on October 2, 2020, unless reviewed and
  204  saved from repeal through reenactment by the Legislature.
  205         (3) Except as otherwise provided in this section or
  206  pursuant to a special act in effect on or before January 1,
  207  1993, a local government may not require a commercial
  208  establishment that generates source-separated recovered
  209  materials to sell or otherwise convey its recovered materials to
  210  the local government or to a facility designated by the local
  211  government, nor may the local government restrict such a
  212  generator’s right to sell or otherwise convey such recovered
  213  materials to any properly certified recovered materials dealer
  214  who has satisfied the requirements of this section. A local
  215  government may not enact any ordinance that prevents such a
  216  dealer from entering into a contract with a commercial
  217  establishment to purchase, collect, transport, process, or
  218  receive source-separated recovered materials.
  219         (b)1. Before engaging in business within the jurisdiction
  220  of the local government, a recovered materials dealer must
  221  provide the local government with a copy of the certification
  222  provided for in this section. In addition, the local government
  223  may establish a registration process whereby a recovered
  224  materials dealer must register with the local government before
  225  engaging in business within the jurisdiction of the local
  226  government. Such registration process is limited to requiring
  227  the dealer to register its name, including the owner or operator
  228  of the dealer, and, if the dealer is a business entity, its
  229  general or limited partners, its corporate officers and
  230  directors, its permanent place of business, evidence of its
  231  certification under this section, and a certification that the
  232  recovered materials will be processed at a recovered materials
  233  processing facility satisfying the requirements of this section.
  234  The local government may not use the information provided in the
  235  registration application to compete unfairly with the recovered
  236  materials dealer until 90 days after receipt of the application.
  237  All counties, and municipalities whose population exceeds 35,000
  238  according to the population estimates determined pursuant to s.
  239  186.901, may establish a reporting process that which shall be
  240  limited to the regulations, reporting format, and reporting
  241  frequency established by the department pursuant to this
  242  section, which shall, at a minimum, include requiring the dealer
  243  to identify the types and approximate amount of recovered
  244  materials collected, recycled, or reused during the reporting
  245  period; the approximate percentage of recovered materials
  246  reused, stored, or delivered to a recovered materials processing
  247  facility or disposed of in a solid waste disposal facility; and
  248  the locations where any recovered materials were disposed of as
  249  solid waste. Information reported under this subsection which,
  250  if disclosed, would reveal a trade secret, as defined in s.
  251  812.081(1)(c), is confidential and exempt from the provisions of
  252  s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
  253  local government may charge the dealer a registration fee
  254  commensurate with and no greater than the cost incurred by the
  255  local government in operating its registration program.
  256  Registration program costs are limited to those costs associated
  257  with the activities described in this paragraph. Any reporting
  258  or registration process established by a local government with
  259  regard to recovered materials shall be governed by the
  260  provisions of this section and department rules adopted pursuant
  261  thereto.
  262         2. Information reported under this subsection which, if
  263  disclosed, would reveal a trade secret, as defined in s.
  264  812.081, is confidential and exempt from s. 119.07(1) and s.
  265  24(a), Art. I of the State Constitution. This subparagraph is
  266  subject to the Open Government Sunset Review Act in accordance
  267  with s. 119.15 and shall stand repealed on October 2, 2020,
  268  unless reviewed and saved from repeal through reenactment by the
  269  Legislature.
  270         Section 8. Section 403.73, Florida Statutes, is amended to
  271  read:
  272         403.73 Trade secrets; confidentiality.—
  273         (1) Records, reports, or information obtained from any
  274  person under this part, unless otherwise provided by law, shall
  275  be available to the public, except upon a showing satisfactory
  276  to the department by the person from whom the records, reports,
  277  or information is obtained that such records, reports, or
  278  information, or a particular part thereof, contains trade
  279  secrets as defined in s. 812.081(1)(c). Such trade secrets are
  280  shall be confidential and are exempt from the provisions of s.
  281  119.07(1) and s. 24(a), Art. I of the State Constitution. The
  282  person submitting such trade secret information to the
  283  department must request that it be kept confidential and must
  284  inform the department of the basis for the claim of trade
  285  secret. The department shall, subject to notice and opportunity
  286  for hearing, determine whether the information, or portions
  287  thereof, claimed to be a trade secret is or is not a trade
  288  secret. Such trade secrets may be disclosed, however, to
  289  authorized representatives of the department or, pursuant to
  290  request, to other governmental entities in order for them to
  291  properly perform their duties, or when relevant in any
  292  proceeding under this part. Authorized representatives and other
  293  governmental entities receiving such trade secret information
  294  shall retain its confidentiality. Those involved in any
  295  proceeding under this part, including an administrative law
  296  judge, a hearing officer, or a judge or justice, shall retain
  297  the confidentiality of any trade secret information revealed at
  298  such proceeding.
  299         (2) This section is subject to the Open Government Sunset
  300  Review Act in accordance with s. 119.15 and shall stand repealed
  301  on October 2, 2020, unless reviewed and saved from repeal
  302  through reenactment by the Legislature.
  303         Section 9. Subsection (7) of section 499.051, Florida
  304  Statutes, is amended to read:
  305         499.051 Inspections and investigations.—
  306         (7)(a) The complaint and all information obtained pursuant
  307  to the investigation by the department are confidential and
  308  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  309  Constitution until the investigation and the enforcement action
  310  are completed.
  311         (b)Information that constitutes a However, trade secret,
  312  as defined in s. 812.081, information contained in the complaint
  313  and all information obtained by the department pursuant to the
  314  investigation therein as defined by s. 812.081(1)(c) shall
  315  remain confidential and exempt from the provisions of s.
  316  119.07(1) and s. 24(a), Art. I of the State Constitution, as
  317  long as the information is retained by the department. This
  318  paragraph is subject to the Open Government Sunset Review Act in
  319  accordance with s. 119.15 and shall stand repealed on October 2,
  320  2020, unless reviewed and saved from repeal through reenactment
  321  by the Legislature.
  322         (c) This subsection does not prohibit the department from
  323  using such information for regulatory or enforcement proceedings
  324  under this chapter or from providing such information to any law
  325  enforcement agency or any other regulatory agency. However, the
  326  receiving agency shall keep such records confidential and exempt
  327  as provided in this subsection. In addition, this subsection is
  328  not intended to prevent compliance with the provisions of s.
  329  499.01212, and the pedigree papers required in that section are
  330  shall not be deemed a trade secret.
  331         Section 10. Section 502.222, Florida Statutes, is amended
  332  to read:
  333         502.222 Information relating to trade secrets
  334  confidential.—The records of the department regarding matters
  335  encompassed by this chapter are public records, subject to the
  336  provisions of chapter 119, except that any information that
  337  which would reveal a trade secret, as defined in s. 812.081, of
  338  a dairy industry business is confidential and exempt from the
  339  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  340  Constitution. If the department determines that any information
  341  requested by the public will reveal a trade secret, it shall, in
  342  writing, inform the person making the request of that
  343  determination. The determination is a final order as defined in
  344  s. 120.52. This section is subject to the Open Government Sunset
  345  Review Act in accordance with s. 119.15 and shall stand repealed
  346  on October 2, 2020, unless reviewed and saved from repeal
  347  through reenactment by the Legislature.
  348         Section 11. Subsection (3) of section 570.48, Florida
  349  Statutes, is amended to read:
  350         570.48 Division of Fruit and Vegetables; powers and duties;
  351  records.—The duties of the Division of Fruit and Vegetables
  352  include, but are not limited to:
  353         (3) Maintaining the records of the division. The records of
  354  the division are public records; however, trade secrets as
  355  defined in s. 812.081 are confidential and exempt from the
  356  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  357  Constitution. This subsection is subject to the Open Government
  358  Sunset Review Act in accordance with s. 119.15 and shall stand
  359  repealed on October 2, 2020, unless reviewed and saved from
  360  repeal through reenactment by the Legislature. This section may
  361  shall not be construed to prohibit:
  362         (a) A disclosure necessary to enforcement procedures.
  363         (b) The department from releasing information to other
  364  governmental agencies. Other governmental agencies that receive
  365  confidential information from the department under this
  366  subsection shall maintain the confidentiality of that
  367  information.
  368         (c) The department or other agencies from compiling and
  369  publishing appropriate data regarding procedures, yield,
  370  recovery, quality, and related matters, provided such released
  371  data do not reveal by whom the activity to which the data relate
  372  was conducted.
  373         Section 12. Subsection (2) of section 573.123, Florida
  374  Statutes, is amended to read:
  375         573.123 Maintenance and production of records.—
  376         (2) Information that, if disclosed, would reveal a trade
  377  secret, as defined in s. 812.081, of any person subject to a
  378  marketing order is confidential and exempt from the provisions
  379  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  380  and may shall not be disclosed except to an attorney who
  381  provides legal advice to the division about enforcing a market
  382  order or by court order. A person who receives confidential
  383  information under this subsection shall maintain the
  384  confidentiality of that information. This subsection is subject
  385  to the Open Government Sunset Review Act in accordance with s.
  386  119.15 and shall stand repealed on October 2, 2020, unless
  387  reviewed and saved from repeal through reenactment by the
  388  Legislature.
  389         Section 13. Subsection (8) of section 601.10, Florida
  390  Statutes, is amended to read:
  391         601.10 Powers of the Department of Citrus.—The department
  392  shall have and shall exercise such general and specific powers
  393  as are delegated to it by this chapter and other statutes of the
  394  state, which powers shall include, but are not limited to, the
  395  following:
  396         (8)(a) To prepare and disseminate information of importance
  397  to citrus growers, handlers, shippers, processors, and industry
  398  related and interested persons and organizations relating to
  399  department activities and the production, handling, shipping,
  400  processing, and marketing of citrus fruit and processed citrus
  401  products. Any information that constitutes a trade secret as
  402  defined in s. 812.081(1)(c) is confidential and exempt from s.
  403  119.07(1) and shall not be disclosed. For referendum and other
  404  notice and informational purposes, the department may prepare
  405  and maintain, from the best available sources, a citrus grower
  406  mailing list. Such list shall be a public record available as
  407  other public records, but is not it shall not be subject to the
  408  purging provisions of s. 283.55.
  409         (b) Any information provided to the department which
  410  constitutes a trade secret, as defined in s. 812.081, is
  411  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  412  of the State Constitution. This paragraph is subject to the Open
  413  Government Sunset Review Act in accordance with s. 119.15 and
  414  shall stand repealed on October 2, 2020, unless reviewed and
  415  saved from repeal through reenactment by the Legislature.
  416         (c)(b) Any nonpublished reports or data related to studies
  417  or research conducted, caused to be conducted, or funded by the
  418  department under s. 601.13 is confidential and exempt from s.
  419  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  420  paragraph is subject to the Open Government Sunset Review Act in
  421  accordance with s. 119.15 and shall stand repealed on October 2,
  422  2017, unless reviewed and saved from repeal through reenactment
  423  by the Legislature.
  424         Section 14. Paragraph (d) of subsection (7) of section
  425  601.15, Florida Statutes, is amended to read:
  426         601.15 Advertising campaign; methods of conducting;
  427  assessments; emergency reserve fund; citrus research.—
  428         (7) All assessments levied and collected under this chapter
  429  shall be paid into the State Treasury on or before the 15th day
  430  of each month. Such moneys shall be accounted for in a special
  431  fund to be designated as the Florida Citrus Advertising Trust
  432  Fund, and all moneys in such fund are appropriated to the
  433  department for the following purposes:
  434         (d)1. The pro rata portion of moneys allocated to each type
  435  of citrus product in noncommodity programs shall be used by the
  436  department to encourage substantial increases in the
  437  effectiveness, frequency, and volume of noncommodity
  438  advertising, merchandising, publicity, and sales promotion of
  439  such citrus products through rebates and incentive payments to
  440  handlers and trade customers for these activities. The
  441  department shall adopt rules providing for the use of such
  442  moneys. The rules shall establish alternate incentive programs,
  443  including at least one incentive program for product sold under
  444  advertised brands, one incentive program for product sold under
  445  private label brands, and one incentive program for product sold
  446  in bulk. For each incentive program, the rules shall establish
  447  eligibility and performance requirements and shall provide
  448  appropriate limitations on amounts payable to a handler or trade
  449  customer for a particular season. Such limitations may relate to
  450  the amount of citrus assessments levied and collected on the
  451  citrus product handled by such handler or trade customer during
  452  a 12-month representative period.
  453         2. The department may require from participants in
  454  noncommodity advertising and promotional programs commercial
  455  information necessary to determine eligibility for and
  456  performance in such programs. Any information so required which
  457  that constitutes a trade secret, as defined in s. 812.081, is
  458  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  459  of the State Constitution. This subparagraph is subject to the
  460  Open Government Sunset Review Act in accordance with s. 119.15
  461  and shall stand repealed on October 2, 2020, unless reviewed and
  462  saved from repeal through reenactment by the Legislature.
  463         Section 15. Paragraph (c) of subsection (8) of section
  464  601.152, Florida Statutes, is amended to read:
  465         601.152 Special marketing orders.—
  466         (8)
  467         (c)1. Every handler shall, at such times as the department
  468  may require, file with the department a return, not under oath,
  469  on forms to be prescribed and furnished by the department,
  470  certified as true and correct, stating the quantity of the type,
  471  variety, and form of citrus fruit or citrus product specified in
  472  the marketing order first handled in the primary channels of
  473  trade in the state by such handler during the period of time
  474  specified in the marketing order. Such returns shall contain any
  475  further information deemed by the department to be reasonably
  476  necessary to properly administer or enforce this section or any
  477  marketing order implemented under this section.
  478         2. Information that, if disclosed, would reveal a trade
  479  secret, as defined in s. 812.081, of any person subject to a
  480  marketing order is confidential and exempt from s. 119.07(1) and
  481  s. 24(a), Art. I of the State Constitution. This subparagraph is
  482  subject to the Open Government Sunset Review Act in accordance
  483  with s. 119.15 and shall stand repealed on October 2, 2020,
  484  unless reviewed and saved from repeal through reenactment by the
  485  Legislature.
  486         Section 16. Section 601.76, Florida Statutes, is amended to
  487  read:
  488         601.76 Manufacturer to furnish formula and other
  489  information.—Any formula required to be filed with the
  490  Department of Agriculture shall be deemed a trade secret as
  491  defined in s. 812.081, is confidential and exempt from s.
  492  119.07(1) and s. 24(a), Art. I of the State Constitution, and
  493  shall only be divulged only to the Department of Agriculture or
  494  to its duly authorized representatives or upon court order
  495  orders of a court of competent jurisdiction when necessary in
  496  the enforcement of this law. A person who receives such a
  497  formula from the Department of Agriculture under this section
  498  shall maintain the confidentiality of the formula. This section
  499  is subject to the Open Government Sunset Review Act in
  500  accordance with s. 119.15 and shall stand repealed on October 2,
  501  2020, unless reviewed and saved from repeal through reenactment
  502  by the Legislature.
  503         Section 17. Subsections (3) and (6) of section 815.04,
  504  Florida Statutes, are amended to read:
  505         815.04 Offenses against intellectual property; public
  506  records exemption.—
  507         (3) Data, programs, or supporting documentation that is a
  508  trade secret as defined in s. 812.081, that is held by an agency
  509  as defined in chapter 119, and that resides or exists internal
  510  or external to a computer, computer system, computer network, or
  511  electronic device is confidential and exempt from the provisions
  512  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  513         (6) Subsection Subsections (3) and (4) is are subject to
  514  the Open Government Sunset Review Act in accordance with s.
  515  119.15, and shall stand repealed on October 2, 2019, unless
  516  reviewed and saved from repeal through reenactment by the
  517  Legislature. Subsection (3) is subject to the Open Government
  518  Sunset Review Act in accordance with s. 119.15, and shall stand
  519  repealed on October 2, 2020, unless reviewed and saved from
  520  repeal through reenactment by the Legislature.
  521         Section 18. Paragraphs (g) and (m) of subsection (8) of s.
  522  499.012 and subsection (7) of s. 499.0121, Florida Statutes, are
  523  reenacted for the purpose of incorporating the amendment made by
  524  SB __ to s. 812.081, Florida Statutes, in references thereto.
  525         Section 19. The Legislature finds that it is a public
  526  necessity that financial information comprising a trade secret
  527  as defined in s. 812.081, Florida Statutes, be made confidential
  528  and exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
  529  Article I of the State Constitution. The Legislature recognizes
  530  that in many instances, businesses are required to provide
  531  financial information for regulatory or other purposes to
  532  governmental entities and that disclosure of such information to
  533  competitors of those businesses would be detrimental to the
  534  businesses. The Legislature’s intent is to avoid placing
  535  businesses that must provide financial information to
  536  governmental entities at a competitive disadvantage by making
  537  the information referenced in the amendment made to s. 812.081,
  538  Florida Statutes, confidential and exempt by incorporating the
  539  amendment into the existing public records exemptions amended by
  540  this act.
  541         Section 20. This act shall take effect on the same date
  542  that SB ____ or similar legislation relating to trade secrets
  543  takes effect, if such legislation is adopted in the same
  544  legislative session or an extension thereof and becomes a law.