Florida Senate - 2015                              CS for SB 566
       
       
        
       By the Committee on Commerce and Tourism; and Senator Richter
       
       
       
       
       
       577-03105-15                                           2015566c1
    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, 499.012, 499.0121, 499.051, 502.222,
    5         570.48, 573.123, 601.10, 601.15, 601.152, 601.76, and
    6         815.04, F.S.; expanding public records exemptions for
    7         certain data processing software obtained by an
    8         agency, certain information held by a county tourism
    9         promotion agency, information related to trade secrets
   10         held by the Florida Tourism Industry Marketing
   11         Corporation, information related to trade secrets held
   12         by Space Florida, proprietary confidential business
   13         information submitted to the Department of Revenue,
   14         trade secret information held by the Department of
   15         Health, trade secret information reported or submitted
   16         to the Department of Environmental Protection, trade
   17         secret information in an application for a permit for
   18         a prescription drug wholesale distributor or an out
   19         of-state prescription drug wholesale distributor,
   20         trade secret information contained in an application
   21         for a permit for a secondary wholesale distributor,
   22         trade secret information contained in the prescription
   23         drug purchase list, trade secret information contained
   24         in a complaint and any investigatory documents held by
   25         the Department of Business and Professional
   26         Regulation, trade secret information of a dairy
   27         industry business held by the Department of
   28         Agriculture and Consumer Services, trade secret
   29         information held by the Division of Fruits and
   30         Vegetables of the Department of Agriculture and
   31         Consumer Services, trade secret information of a
   32         person subject to a marketing order held by the
   33         Department of Agriculture and Consumer Services, trade
   34         secret information provided to the Department of
   35         Citrus, trade secret information of noncommodity
   36         advertising and promotional program participants held
   37         by the Department of Citrus, trade secret information
   38         contained in a citrus handler’s return filed with the
   39         Department of Citrus, a manufacturer’s formula filed
   40         with the Department of Agriculture and Consumer
   41         Services, and specified data, programs, or supporting
   42         documentation held by an agency, respectively, to
   43         incorporate the amendment made to the definition of
   44         the term “trade secret” in s. 812.081, F.S., by SB
   45         564; providing for future legislative review and
   46         repeal of the exemptions; making editorial and
   47         technical changes; providing a statement of public
   48         necessity; providing a contingent effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (f) of subsection (1) of section
   53  119.071, Florida Statutes, is amended to read:
   54         119.071 General exemptions from inspection or copying of
   55  public records.—
   56         (1) AGENCY ADMINISTRATION.—
   57         (f) Data processing software obtained by an agency under a
   58  licensing agreement that prohibits its disclosure and which
   59  software is a trade secret, as defined in s. 812.081, and
   60  agency-produced data processing software that is sensitive are
   61  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   62  Constitution. The designation of agency-produced software as
   63  sensitive does shall not prohibit an agency head from sharing or
   64  exchanging such software with another public agency. This
   65  paragraph is subject to the Open Government Sunset Review Act in
   66  accordance with s. 119.15 and shall stand repealed on October 2,
   67  2020, unless reviewed and saved from repeal through reenactment
   68  by the Legislature.
   69         Section 2. Paragraph (d) of subsection (9) of section
   70  125.0104, Florida Statutes, is amended to read:
   71         125.0104 Tourist development tax; procedure for levying;
   72  authorized uses; referendum; enforcement.—
   73         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
   74  other powers and duties provided for agencies created for the
   75  purpose of tourism promotion by a county levying the tourist
   76  development tax, such agencies are authorized and empowered to:
   77         (d) Undertake marketing research and advertising research
   78  studies and provide reservations services and convention and
   79  meetings booking services consistent with the authorized uses of
   80  revenue as set forth in subsection (5).
   81         1. Information given to a county tourism promotion agency
   82  which, if released, would reveal the identity of persons or
   83  entities who provide data or other information as a response to
   84  a sales promotion effort, an advertisement, or a research
   85  project or whose names, addresses, meeting or convention plan
   86  information or accommodations or other visitation needs become
   87  booking or reservation list data, is exempt from s. 119.07(1)
   88  and from s. 24(a), Art. I of the State Constitution.
   89         2. The following information, when held by a county tourism
   90  promotion agency, is exempt from s. 119.07(1) and from s. 24(a),
   91  Art. I of the State Constitution:
   92         a. A trade secret, as defined in s. 812.081.
   93         b. Booking business records, as defined in s. 255.047.
   94         b.c. Trade secrets and commercial or financial information
   95  gathered from a person and privileged or confidential, as
   96  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
   97  amendments thereto.
   98         3. A trade secret, as defined in s. 812.081, held by a
   99  county tourism agency is exempt from s. 119.07(1) and s. 24(a),
  100  Art. I of the State Constitution. This subparagraph is subject
  101  to the Open Government Sunset Review Act in accordance with s.
  102  119.15 and shall stand repealed on October 2, 2020, unless
  103  reviewed and saved from repeal through reenactment by the
  104  Legislature.
  105         Section 3. Subsection (8) of section 288.1226, Florida
  106  Statutes, is amended to read:
  107         288.1226 Florida Tourism Industry Marketing Corporation;
  108  use of property; board of directors; duties; audit.—
  109         (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  110  who responds to a marketing project or advertising research
  111  project conducted by the corporation in the performance of its
  112  duties on behalf of Enterprise Florida, Inc., or trade secrets
  113  as defined by s. 812.081 obtained pursuant to such activities,
  114  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  115  Constitution. This subsection is subject to the Open Government
  116  Sunset Review Act in accordance with s. 119.15 and shall stand
  117  repealed on October 2, 2020, unless reviewed and saved from
  118  repeal through reenactment by the Legislature.
  119         Section 4. Section 331.326, Florida Statutes, is amended to
  120  read:
  121         331.326 Information relating to trade secrets
  122  confidential.—The records of Space Florida regarding matters
  123  encompassed by this act are public records subject to the
  124  provisions of chapter 119. Any information held by Space Florida
  125  which is a trade secret, as defined in s. 812.081, including
  126  trade secrets of Space Florida, any spaceport user, or the space
  127  industry business, is confidential and exempt from the
  128  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  129  Constitution and may not be disclosed. If Space Florida
  130  determines that any information requested by the public will
  131  reveal a trade secret, it shall, in writing, inform the person
  132  making the request of that determination. The determination is a
  133  final order as defined in s. 120.52. Any meeting or portion of a
  134  meeting of Space Florida’s board is exempt from the provisions
  135  of s. 286.011 and s. 24(b), Art. I of the State Constitution
  136  when the board is discussing trade secrets. Any public record
  137  generated during the closed portions of the meetings, such as
  138  minutes, tape recordings, and notes, is confidential and exempt
  139  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  140  State Constitution. This section is subject to the Open
  141  Government Sunset Review Act in accordance with s. 119.15 and
  142  shall stand repealed on October 2, 2020, unless reviewed and
  143  saved from repeal through reenactment by the Legislature.
  144         Section 5. Subsection (2) of section 365.174, Florida
  145  Statutes, is amended to read:
  146         365.174 Proprietary confidential business information.—
  147         (2)(a) All proprietary confidential business information
  148  submitted by a provider to the Department of Revenue, as an
  149  agent of the board, is confidential and exempt from s. 119.07(1)
  150  and s. 24(a), Art. I of the State Constitution.
  151         (b) The Department of Revenue may provide information
  152  relative to s. 365.172(9) to the Secretary of Management
  153  Services, or his or her authorized agent, or to the E911 Board
  154  established in s. 365.172(5) for use in the conduct of the
  155  official business of the Department of Management Services or
  156  the E911 Board.
  157         (c) This subsection is subject to the Open Government
  158  Sunset Review Act in accordance with s. 119.15 and shall stand
  159  repealed on October 2, 2020 2019, unless reviewed and saved from
  160  repeal through reenactment by the Legislature.
  161         Section 6. Section 381.83, Florida Statutes, is amended to
  162  read:
  163         381.83 Trade secrets; confidentiality.—
  164         (1) Records, reports, or information obtained from any
  165  person under this chapter, unless otherwise provided by law,
  166  shall be available to the public, except upon a showing
  167  satisfactory to the department by the person from whom the
  168  records, reports, or information is obtained that such records,
  169  reports, or information, or a particular part thereof, contains
  170  trade secrets as defined in s. 812.081(1)(c). Such trade secrets
  171  are shall be confidential and are exempt from the provisions of
  172  s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The
  173  person submitting such trade secret information to the
  174  department must request that it be kept confidential and must
  175  inform the department of the basis for the claim of trade
  176  secret. The department shall, subject to notice and opportunity
  177  for hearing, determine whether the information, or portions
  178  thereof, claimed to be a trade secret is or is not a trade
  179  secret. Such trade secrets may be disclosed, however, to
  180  authorized representatives of the department or, pursuant to
  181  request, to other governmental entities in order for them to
  182  properly perform their duties, or when relevant in any
  183  proceeding under this chapter. Authorized representatives and
  184  other governmental entities receiving such trade secret
  185  information shall retain its confidentiality. Those involved in
  186  any proceeding under this chapter, including a hearing officer
  187  or judge or justice, shall retain the confidentiality of any
  188  trade secret information revealed at such proceeding.
  189         (2) This section is subject to the Open Government Sunset
  190  Review Act in accordance with s. 119.15 and shall stand repealed
  191  on October 2, 2020, unless reviewed and saved from repeal by
  192  reenactment by the Legislature.
  193         Section 7. Subsection (2) and paragraph (b) of subsection
  194  (3) of section 403.7046, Florida Statutes, are amended to read:
  195         403.7046 Regulation of recovered materials.—
  196         (2) Information reported pursuant to the requirements of
  197  this section or any rule adopted pursuant to this section which,
  198  if disclosed, would reveal a trade secret, as defined in s.
  199  812.081(1)(c), is confidential and exempt from the provisions of
  200  s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For
  201  reporting or information purposes, however, the department may
  202  provide this information in such form that the names of the
  203  persons reporting such information and the specific information
  204  reported are not revealed. This subsection is subject to the
  205  Open Government Sunset Review Act in accordance with s. 119.15
  206  and shall stand repealed on October 2, 2020, unless reviewed and
  207  saved from repeal through reenactment by the Legislature.
  208         (3) Except as otherwise provided in this section or
  209  pursuant to a special act in effect on or before January 1,
  210  1993, a local government may not require a commercial
  211  establishment that generates source-separated recovered
  212  materials to sell or otherwise convey its recovered materials to
  213  the local government or to a facility designated by the local
  214  government, nor may the local government restrict such a
  215  generator’s right to sell or otherwise convey such recovered
  216  materials to any properly certified recovered materials dealer
  217  who has satisfied the requirements of this section. A local
  218  government may not enact any ordinance that prevents such a
  219  dealer from entering into a contract with a commercial
  220  establishment to purchase, collect, transport, process, or
  221  receive source-separated recovered materials.
  222         (b)1. Before engaging in business within the jurisdiction
  223  of the local government, a recovered materials dealer must
  224  provide the local government with a copy of the certification
  225  provided for in this section. In addition, the local government
  226  may establish a registration process whereby a recovered
  227  materials dealer must register with the local government before
  228  engaging in business within the jurisdiction of the local
  229  government. Such registration process is limited to requiring
  230  the dealer to register its name, including the owner or operator
  231  of the dealer, and, if the dealer is a business entity, its
  232  general or limited partners, its corporate officers and
  233  directors, its permanent place of business, evidence of its
  234  certification under this section, and a certification that the
  235  recovered materials will be processed at a recovered materials
  236  processing facility satisfying the requirements of this section.
  237  The local government may not use the information provided in the
  238  registration application to compete unfairly with the recovered
  239  materials dealer until 90 days after receipt of the application.
  240  All counties, and municipalities whose population exceeds 35,000
  241  according to the population estimates determined pursuant to s.
  242  186.901, may establish a reporting process that which shall be
  243  limited to the regulations, reporting format, and reporting
  244  frequency established by the department pursuant to this
  245  section, which shall, at a minimum, include requiring the dealer
  246  to identify the types and approximate amount of recovered
  247  materials collected, recycled, or reused during the reporting
  248  period; the approximate percentage of recovered materials
  249  reused, stored, or delivered to a recovered materials processing
  250  facility or disposed of in a solid waste disposal facility; and
  251  the locations where any recovered materials were disposed of as
  252  solid waste. Information reported under this subsection which,
  253  if disclosed, would reveal a trade secret, as defined in s.
  254  812.081(1)(c), is confidential and exempt from the provisions of
  255  s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
  256  local government may charge the dealer a registration fee
  257  commensurate with and no greater than the cost incurred by the
  258  local government in operating its registration program.
  259  Registration program costs are limited to those costs associated
  260  with the activities described in this paragraph. Any reporting
  261  or registration process established by a local government with
  262  regard to recovered materials shall be governed by the
  263  provisions of this section and department rules adopted pursuant
  264  thereto.
  265         2. Information reported under this subsection which, if
  266  disclosed, would reveal a trade secret, as defined in s.
  267  812.081, is confidential and exempt from s. 119.07(1) and s.
  268  24(a), Art. I of the State Constitution. This subparagraph is
  269  subject to the Open Government Sunset Review Act in accordance
  270  with s. 119.15 and shall stand repealed on October 2, 2020,
  271  unless reviewed and saved from repeal through reenactment by the
  272  Legislature.
  273         Section 8. Section 403.73, Florida Statutes, is amended to
  274  read:
  275         403.73 Trade secrets; confidentiality.—
  276         (1) Records, reports, or information obtained from any
  277  person under this part, unless otherwise provided by law, shall
  278  be available to the public, except upon a showing satisfactory
  279  to the department by the person from whom the records, reports,
  280  or information is obtained that such records, reports, or
  281  information, or a particular part thereof, contains trade
  282  secrets as defined in s. 812.081(1)(c). Such trade secrets are
  283  shall be confidential and are exempt from the provisions of s.
  284  119.07(1) and s. 24(a), Art. I of the State Constitution. The
  285  person submitting such trade secret information to the
  286  department must request that it be kept confidential and must
  287  inform the department of the basis for the claim of trade
  288  secret. The department shall, subject to notice and opportunity
  289  for hearing, determine whether the information, or portions
  290  thereof, claimed to be a trade secret is or is not a trade
  291  secret. Such trade secrets may be disclosed, however, to
  292  authorized representatives of the department or, pursuant to
  293  request, to other governmental entities in order for them to
  294  properly perform their duties, or when relevant in any
  295  proceeding under this part. Authorized representatives and other
  296  governmental entities receiving such trade secret information
  297  shall retain its confidentiality. Those involved in any
  298  proceeding under this part, including an administrative law
  299  judge, a hearing officer, or a judge or justice, shall retain
  300  the confidentiality of any trade secret information revealed at
  301  such proceeding.
  302         (2) This section is subject to the Open Government Sunset
  303  Review Act in accordance with s. 119.15 and shall stand repealed
  304  on October 2, 2020, unless reviewed and saved from repeal
  305  through reenactment by the Legislature.
  306         Section 9. Paragraphs (g) and (m) of subsection (8) of
  307  section 499.012, Florida Statutes, are amended to read:
  308         499.012 Permit application requirements.—
  309         (8) An application for a permit or to renew a permit for a
  310  prescription drug wholesale distributor or an out-of-state
  311  prescription drug wholesale distributor submitted to the
  312  department must include:
  313         (g)1. For an application for a new permit, the estimated
  314  annual dollar volume of prescription drug sales of the
  315  applicant, the estimated annual percentage of the applicant’s
  316  total company sales that are prescription drugs, the applicant’s
  317  estimated annual total dollar volume of purchases of
  318  prescription drugs, and the applicant’s estimated annual total
  319  dollar volume of prescription drug purchases directly from
  320  manufacturers.
  321         2. For an application to renew a permit, the total dollar
  322  volume of prescription drug sales in the previous year, the
  323  total dollar volume of prescription drug sales made in the
  324  previous 6 months, the percentage of total company sales that
  325  were prescription drugs in the previous year, the total dollar
  326  volume of purchases of prescription drugs in the previous year,
  327  and the total dollar volume of prescription drug purchases
  328  directly from manufacturers in the previous year.
  329         3. Such portions of the information required pursuant to
  330  this paragraph which are a trade secret, as defined in s.
  331  812.081, shall be maintained by the department as trade secret
  332  information is required to be maintained under s. 499.051. This
  333  subparagraph is subject to the Open Government Sunset Review Act
  334  in accordance with s. 119.15 and shall stand repealed on October
  335  2, 2020, unless reviewed and saved from repeal through
  336  reenactment by the Legislature.
  337         (m) For an applicant that is a secondary wholesale
  338  distributor, each of the following:
  339         1. A personal background information statement containing
  340  the background information and fingerprints required pursuant to
  341  subsection (9) for each person named in the applicant’s response
  342  to paragraphs (k) and (l) and for each affiliated party of the
  343  applicant.
  344         2. If any of the five largest shareholders of the
  345  corporation seeking the permit is a corporation, the name,
  346  address, and title of each corporate officer and director of
  347  each such corporation; the name and address of such corporation;
  348  the name of such corporation’s resident agent, such
  349  corporation’s resident agent’s address, and such corporation’s
  350  state of its incorporation; and the name and address of each
  351  shareholder of such corporation that owns 5 percent or more of
  352  the stock of such corporation.
  353         3.a. The name and address of all financial institutions in
  354  which the applicant has an account which is used to pay for the
  355  operation of the establishment or to pay for drugs purchased for
  356  the establishment, together with the names of all persons that
  357  are authorized signatories on such accounts.
  358         b. The portions of the information required pursuant to
  359  this subparagraph which are a trade secret, as defined in s.
  360  812.081, shall be maintained by the department as trade secret
  361  information is required to be maintained under s. 499.051. This
  362  sub-subparagraph is subject to the Open Government Sunset Review
  363  Act in accordance with s. 119.15 and shall stand repealed on
  364  October 2, 2020, unless reviewed and saved from repeal through
  365  reenactment by the Legislature.
  366         4. The sources of all funds and the amounts of such funds
  367  used to purchase or finance purchases of prescription drugs or
  368  to finance the premises on which the establishment is to be
  369  located.
  370         5. If any of the funds identified in subparagraph 4. were
  371  borrowed, copies of all promissory notes or loans used to obtain
  372  such funds.
  373         Section 10. Subsection (7) of section 499.0121, Florida
  374  Statutes, is amended to read:
  375         499.0121 Storage and handling of prescription drugs;
  376  recordkeeping.—The department shall adopt rules to implement
  377  this section as necessary to protect the public health, safety,
  378  and welfare. Such rules shall include, but not be limited to,
  379  requirements for the storage and handling of prescription drugs
  380  and for the establishment and maintenance of prescription drug
  381  distribution records.
  382         (7) PRESCRIPTION DRUG PURCHASE LIST.—
  383         (a) Each wholesale distributor, except for a manufacturer,
  384  shall annually provide the department with a written list of all
  385  wholesale distributors and manufacturers from whom the wholesale
  386  distributor purchases prescription drugs. A wholesale
  387  distributor, except a manufacturer, shall notify the department
  388  not later than 10 days after any change to either list.
  389         (b) Such portions of the information required pursuant to
  390  this subsection which are a trade secret, as defined in s.
  391  812.081, shall be maintained by the department as trade secret
  392  information is required to be maintained under s. 499.051. This
  393  paragraph is subject to the Open Government Sunset Review Act in
  394  accordance with s. 119.15 and shall stand repealed on October 2,
  395  2020, unless reviewed and saved from repeal through reenactment
  396  by the Legislature.
  397         Section 11. Subsection (7) of section 499.051, Florida
  398  Statutes, is amended to read:
  399         499.051 Inspections and investigations.—
  400         (7)(a) The complaint and all information obtained pursuant
  401  to the investigation by the department are confidential and
  402  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  403  Constitution until the investigation and the enforcement action
  404  are completed.
  405         (b)Information that constitutes a However, trade secret,
  406  as defined in s. 812.081, information contained in the complaint
  407  therein as defined by s. 812.081(1)(c) shall remain confidential
  408  and exempt from the provisions of s. 119.07(1) and s. 24(a),
  409  Art. I of the State Constitution, as long as the information is
  410  retained by the department. This paragraph is subject to the
  411  Open Government Sunset Review Act in accordance with s. 119.15
  412  and shall stand repealed on October 2, 2020, unless reviewed and
  413  saved from repeal through reenactment by the Legislature.
  414         (c) This subsection does not prohibit the department from
  415  using such information for regulatory or enforcement proceedings
  416  under this chapter or from providing such information to any law
  417  enforcement agency or any other regulatory agency. However, the
  418  receiving agency shall keep such records confidential and exempt
  419  as provided in this subsection. In addition, this subsection is
  420  not intended to prevent compliance with the provisions of s.
  421  499.01212, and the pedigree papers required in that section are
  422  shall not be deemed a trade secret.
  423         Section 12. Section 502.222, Florida Statutes, is amended
  424  to read:
  425         502.222 Information relating to trade secrets
  426  confidential.—The records of the department regarding matters
  427  encompassed by this chapter are public records, subject to the
  428  provisions of chapter 119, except that any information that
  429  which would reveal a trade secret, as defined in s. 812.081, of
  430  a dairy industry business is confidential and exempt from the
  431  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  432  Constitution. If the department determines that any information
  433  requested by the public will reveal a trade secret, it shall, in
  434  writing, inform the person making the request of that
  435  determination. The determination is a final order as defined in
  436  s. 120.52. This section is subject to the Open Government Sunset
  437  Review Act in accordance with s. 119.15 and shall stand repealed
  438  on October 2, 2020, unless reviewed and saved from repeal
  439  through reenactment by the Legislature.
  440         Section 13. Subsection (3) of section 570.48, Florida
  441  Statutes, is amended to read:
  442         570.48 Division of Fruit and Vegetables; powers and duties;
  443  records.—The duties of the Division of Fruit and Vegetables
  444  include, but are not limited to:
  445         (3) Maintaining the records of the division. The records of
  446  the division are public records; however, trade secrets as
  447  defined in s. 812.081 are confidential and exempt from the
  448  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  449  Constitution. This subsection is subject to the Open Government
  450  Sunset Review Act in accordance with s. 119.15 and shall stand
  451  repealed on October 2, 2020, unless reviewed and saved from
  452  repeal through reenactment by the Legislature. This section may
  453  shall not be construed to prohibit:
  454         (a) A disclosure necessary to enforcement procedures.
  455         (b) The department from releasing information to other
  456  governmental agencies. Other governmental agencies that receive
  457  confidential information from the department under this
  458  subsection shall maintain the confidentiality of that
  459  information.
  460         (c) The department or other agencies from compiling and
  461  publishing appropriate data regarding procedures, yield,
  462  recovery, quality, and related matters, provided such released
  463  data do not reveal by whom the activity to which the data relate
  464  was conducted.
  465         Section 14. Subsection (2) of section 573.123, Florida
  466  Statutes, is amended to read:
  467         573.123 Maintenance and production of records.—
  468         (2) Information that, if disclosed, would reveal a trade
  469  secret, as defined in s. 812.081, of any person subject to a
  470  marketing order is confidential and exempt from the provisions
  471  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  472  and may shall not be disclosed except to an attorney who
  473  provides legal advice to the division about enforcing a market
  474  order or by court order. A person who receives confidential
  475  information under this subsection shall maintain the
  476  confidentiality of that information. This subsection is subject
  477  to the Open Government Sunset Review Act in accordance with s.
  478  119.15 and shall stand repealed on October 2, 2020, unless
  479  reviewed and saved from repeal through reenactment by the
  480  Legislature.
  481         Section 15. Subsection (8) of section 601.10, Florida
  482  Statutes, is amended to read:
  483         601.10 Powers of the Department of Citrus.—The department
  484  shall have and shall exercise such general and specific powers
  485  as are delegated to it by this chapter and other statutes of the
  486  state, which powers shall include, but are not limited to, the
  487  following:
  488         (8)(a) To prepare and disseminate information of importance
  489  to citrus growers, handlers, shippers, processors, and industry
  490  related and interested persons and organizations relating to
  491  department activities and the production, handling, shipping,
  492  processing, and marketing of citrus fruit and processed citrus
  493  products. Any information that constitutes a trade secret as
  494  defined in s. 812.081(1)(c) is confidential and exempt from s.
  495  119.07(1) and shall not be disclosed. For referendum and other
  496  notice and informational purposes, the department may prepare
  497  and maintain, from the best available sources, a citrus grower
  498  mailing list. Such list shall be a public record available as
  499  other public records, but is not it shall not be subject to the
  500  purging provisions of s. 283.55.
  501         (b) Any information provided to the department which
  502  constitutes a trade secret, as defined in s. 812.081, is
  503  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  504  of the State Constitution. This paragraph is subject to the Open
  505  Government Sunset Review Act in accordance with s. 119.15 and
  506  shall stand repealed on October 2, 2020, unless reviewed and
  507  saved from repeal through reenactment by the Legislature.
  508         (c)(b) Any nonpublished reports or data related to studies
  509  or research conducted, caused to be conducted, or funded by the
  510  department under s. 601.13 is confidential and exempt from s.
  511  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  512  paragraph is subject to the Open Government Sunset Review Act in
  513  accordance with s. 119.15 and shall stand repealed on October 2,
  514  2017, unless reviewed and saved from repeal through reenactment
  515  by the Legislature.
  516         Section 16. Paragraph (d) of subsection (7) of section
  517  601.15, Florida Statutes, is amended to read:
  518         601.15 Advertising campaign; methods of conducting;
  519  assessments; emergency reserve fund; citrus research.—
  520         (7) All assessments levied and collected under this chapter
  521  shall be paid into the State Treasury on or before the 15th day
  522  of each month. Such moneys shall be accounted for in a special
  523  fund to be designated as the Florida Citrus Advertising Trust
  524  Fund, and all moneys in such fund are appropriated to the
  525  department for the following purposes:
  526         (d)1. The pro rata portion of moneys allocated to each type
  527  of citrus product in noncommodity programs shall be used by the
  528  department to encourage substantial increases in the
  529  effectiveness, frequency, and volume of noncommodity
  530  advertising, merchandising, publicity, and sales promotion of
  531  such citrus products through rebates and incentive payments to
  532  handlers and trade customers for these activities. The
  533  department shall adopt rules providing for the use of such
  534  moneys. The rules shall establish alternate incentive programs,
  535  including at least one incentive program for product sold under
  536  advertised brands, one incentive program for product sold under
  537  private label brands, and one incentive program for product sold
  538  in bulk. For each incentive program, the rules shall establish
  539  eligibility and performance requirements and shall provide
  540  appropriate limitations on amounts payable to a handler or trade
  541  customer for a particular season. Such limitations may relate to
  542  the amount of citrus assessments levied and collected on the
  543  citrus product handled by such handler or trade customer during
  544  a 12-month representative period.
  545         2. The department may require from participants in
  546  noncommodity advertising and promotional programs commercial
  547  information necessary to determine eligibility for and
  548  performance in such programs. Any information so required which
  549  that constitutes a trade secret, as defined in s. 812.081, is
  550  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  551  of the State Constitution. This subparagraph is subject to the
  552  Open Government Sunset Review Act in accordance with s. 119.15
  553  and shall stand repealed on October 2, 2020, unless reviewed and
  554  saved from repeal through reenactment by the Legislature.
  555         Section 17. Paragraph (c) of subsection (8) of section
  556  601.152, Florida Statutes, is amended to read:
  557         601.152 Special marketing orders.—
  558         (8)
  559         (c)1. Every handler shall, at such times as the department
  560  may require, file with the department a return, not under oath,
  561  on forms to be prescribed and furnished by the department,
  562  certified as true and correct, stating the quantity of the type,
  563  variety, and form of citrus fruit or citrus product specified in
  564  the marketing order first handled in the primary channels of
  565  trade in the state by such handler during the period of time
  566  specified in the marketing order. Such returns shall contain any
  567  further information deemed by the department to be reasonably
  568  necessary to properly administer or enforce this section or any
  569  marketing order implemented under this section.
  570         2. Information that, if disclosed, would reveal a trade
  571  secret, as defined in s. 812.081, of any person subject to a
  572  marketing order is confidential and exempt from s. 119.07(1) and
  573  s. 24(a), Art. I of the State Constitution. This subparagraph is
  574  subject to the Open Government Sunset Review Act in accordance
  575  with s. 119.15 and shall stand repealed on October 2, 2020,
  576  unless reviewed and saved from repeal through reenactment by the
  577  Legislature.
  578         Section 18. Section 601.76, Florida Statutes, is amended to
  579  read:
  580         601.76 Manufacturer to furnish formula and other
  581  information.—Any formula required to be filed with the
  582  Department of Agriculture shall be deemed a trade secret as
  583  defined in s. 812.081, is confidential and exempt from s.
  584  119.07(1) and s. 24(a), Art. I of the State Constitution, and
  585  shall only be divulged only to the Department of Agriculture or
  586  to its duly authorized representatives or upon court order
  587  orders of a court of competent jurisdiction when necessary in
  588  the enforcement of this law. A person who receives such a
  589  formula from the Department of Agriculture under this section
  590  shall maintain the confidentiality of the formula. This section
  591  is subject to the Open Government Sunset Review Act in
  592  accordance with s. 119.15 and shall stand repealed on October 2,
  593  2020, unless reviewed and saved from repeal through reenactment
  594  by the Legislature.
  595         Section 19. Subsections (3) and (6) of section 815.04,
  596  Florida Statutes, are amended to read:
  597         815.04 Offenses against intellectual property; public
  598  records exemption.—
  599         (3) Data, programs, or supporting documentation that is a
  600  trade secret as defined in s. 812.081, that is held by an agency
  601  as defined in chapter 119, and that resides or exists internal
  602  or external to a computer, computer system, computer network, or
  603  electronic device is confidential and exempt from the provisions
  604  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  605         (6) Subsection Subsections (3) and (4) is are subject to
  606  the Open Government Sunset Review Act in accordance with s.
  607  119.15, and shall stand repealed on October 2, 2019, unless
  608  reviewed and saved from repeal through reenactment by the
  609  Legislature. Subsection (3) is subject to the Open Government
  610  Sunset Review Act in accordance with s. 119.15, and shall stand
  611  repealed on October 2, 2020, unless reviewed and saved from
  612  repeal through reenactment by the Legislature.
  613         Section 20. The Legislature finds that it is a public
  614  necessity that financial information comprising a trade secret
  615  as defined in s. 812.081, Florida Statutes, be made exempt or
  616  confidential and exempt from s. 119.07(1), Florida Statutes, and
  617  s. 24(a), Article I of the State Constitution. The Legislature
  618  recognizes that in many instances, businesses are required to
  619  provide financial information for regulatory or other purposes
  620  to governmental entities and that disclosure of such information
  621  to competitors of those businesses would be detrimental to the
  622  businesses. The Legislature’s intent is to protect trade secret
  623  information of a confidential nature concerning entities,
  624  including, but not limited to, a formula, pattern, device,
  625  combination of devices, or compilation of information used to
  626  protect or further a business advantage over those who do not
  627  know or use it, the disclosure of which would injure the
  628  affected entity in the marketplace.
  629         Section 21. This act shall take effect on the same date
  630  that SB 564 or similar legislation relating to trade secrets
  631  takes effect, if such legislation is adopted in the same
  632  legislative session or an extension thereof and becomes a law.