Florida Senate - 2015                       CS for CS for SB 566
       
       
        
       By the Committees on Governmental Oversight and Accountability;
       and Commerce and Tourism; and Senator Richter
       
       
       
       
       585-03642-15                                           2015566c2
    1                        A bill to be entitled                      
    2         An act relating to public records and meetings;
    3         amending ss. 119.071, 125.0104, 288.1226, 331.326,
    4         365.174, 381.83, 403.7046, 403.73, 499.012, 499.0121,
    5         499.051, 499.931, 502.222, 570.48, 573.123, 601.10,
    6         601.15, 601.152, 601.76, and 815.04, F.S.; expanding
    7         public records exemptions for certain data processing
    8         software obtained by an agency, certain information
    9         held by a county tourism promotion agency, information
   10         related to trade secrets held by the Florida Tourism
   11         Industry Marketing Corporation, information related to
   12         trade secrets held by Space Florida, proprietary
   13         confidential business information submitted to the
   14         Department of Revenue, trade secret information held
   15         by the Department of Health, trade secret information
   16         reported or submitted to the Department of
   17         Environmental Protection, trade secret information in
   18         an application for a permit for a prescription drug
   19         wholesale distributor or an out-of-state prescription
   20         drug wholesale distributor, trade secret information
   21         contained in an application for a permit for a
   22         secondary wholesale distributor, trade secret
   23         information contained in the prescription drug
   24         purchase list, trade secret information relating to
   25         medical gas submitted to the Department of Business
   26         and Professional Regulation, trade secret information
   27         contained in a complaint and any investigatory
   28         documents held by the Department of Business and
   29         Professional Regulation, trade secret information of a
   30         dairy industry business held by the Department of
   31         Agriculture and Consumer Services, trade secret
   32         information held by the Division of Fruits and
   33         Vegetables of the Department of Agriculture and
   34         Consumer Services, trade secret information of a
   35         person subject to a marketing order held by the
   36         Department of Agriculture and Consumer Services, trade
   37         secret information provided to the Department of
   38         Citrus, trade secret information of noncommodity
   39         advertising and promotional program participants held
   40         by the Department of Citrus, trade secret information
   41         contained in a citrus handler’s return filed with the
   42         Department of Citrus, a manufacturer’s formula filed
   43         with the Department of Agriculture and Consumer
   44         Services, and specified data, programs, or supporting
   45         documentation held by an agency, respectively, to
   46         incorporate the amendment made to the definition of
   47         the term “trade secret” in s. 812.081, F.S., by SB
   48         564; amending s. 331.326, F.S.; expanding a public
   49         meetings exemption for any meeting or portion of a
   50         meeting of Space Florida’s board at which trade
   51         secrets are discussed to incorporate the amendment
   52         made to the definition of the term “trade secret” in
   53         s. 812.081, F.S., by SB 564; providing for future
   54         legislative review and repeal of the exemptions;
   55         making editorial and technical changes; providing a
   56         statement of public necessity; providing a contingent
   57         effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraph (f) of subsection (1) of section
   62  119.071, Florida Statutes, is amended to read:
   63         119.071 General exemptions from inspection or copying of
   64  public records.—
   65         (1) AGENCY ADMINISTRATION.—
   66         (f) Data processing software obtained by an agency under a
   67  licensing agreement that prohibits its disclosure and which
   68  software is a trade secret, as defined in s. 812.081, and
   69  agency-produced data processing software that is sensitive are
   70  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   71  Constitution. The designation of agency-produced software as
   72  sensitive does shall not prohibit an agency head from sharing or
   73  exchanging such software with another public agency. This
   74  paragraph is subject to the Open Government Sunset Review Act in
   75  accordance with s. 119.15 and shall stand repealed on October 2,
   76  2020, unless reviewed and saved from repeal through reenactment
   77  by the Legislature.
   78         Section 2. Paragraph (d) of subsection (9) of section
   79  125.0104, Florida Statutes, is amended to read:
   80         125.0104 Tourist development tax; procedure for levying;
   81  authorized uses; referendum; enforcement.—
   82         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
   83  other powers and duties provided for agencies created for the
   84  purpose of tourism promotion by a county levying the tourist
   85  development tax, such agencies are authorized and empowered to:
   86         (d) Undertake marketing research and advertising research
   87  studies and provide reservations services and convention and
   88  meetings booking services consistent with the authorized uses of
   89  revenue as set forth in subsection (5).
   90         1. Information given to a county tourism promotion agency
   91  which, if released, would reveal the identity of persons or
   92  entities who provide data or other information as a response to
   93  a sales promotion effort, an advertisement, or a research
   94  project or whose names, addresses, meeting or convention plan
   95  information or accommodations or other visitation needs become
   96  booking or reservation list data, is exempt from s. 119.07(1)
   97  and from s. 24(a), Art. I of the State Constitution.
   98         2. The following information, when held by a county tourism
   99  promotion agency, is exempt from s. 119.07(1) and from s. 24(a),
  100  Art. I of the State Constitution:
  101         a. A trade secret, as defined in s. 812.081.
  102         b. Booking business records, as defined in s. 255.047.
  103         b.c. Trade secrets and commercial or financial information
  104  gathered from a person and privileged or confidential, as
  105  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
  106  amendments thereto.
  107         3. A trade secret, as defined in s. 812.081, held by a
  108  county tourism agency is exempt from s. 119.07(1) and s. 24(a),
  109  Art. I of the State Constitution. This subparagraph is subject
  110  to the Open Government Sunset Review Act in accordance with s.
  111  119.15 and shall stand repealed on October 2, 2020, unless
  112  reviewed and saved from repeal through reenactment by the
  113  Legislature.
  114         Section 3. Subsection (8) of section 288.1226, Florida
  115  Statutes, is amended to read:
  116         288.1226 Florida Tourism Industry Marketing Corporation;
  117  use of property; board of directors; duties; audit.—
  118         (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  119  who responds to a marketing project or advertising research
  120  project conducted by the corporation in the performance of its
  121  duties on behalf of Enterprise Florida, Inc., or trade secrets
  122  as defined by s. 812.081 obtained pursuant to such activities,
  123  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  124  Constitution. This subsection is subject to the Open Government
  125  Sunset Review Act in accordance with s. 119.15 and shall stand
  126  repealed on October 2, 2020, unless reviewed and saved from
  127  repeal through reenactment by the Legislature.
  128         Section 4. Section 331.326, Florida Statutes, is amended to
  129  read:
  130         331.326 Information relating to trade secrets
  131  confidential.—The records of Space Florida regarding matters
  132  encompassed by this act are public records subject to the
  133  provisions of chapter 119. Any information held by Space Florida
  134  which is a trade secret, as defined in s. 812.081, including
  135  trade secrets of Space Florida, any spaceport user, or the space
  136  industry business, is confidential and exempt from the
  137  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  138  Constitution and may not be disclosed. If Space Florida
  139  determines that any information requested by the public will
  140  reveal a trade secret, it shall, in writing, inform the person
  141  making the request of that determination. The determination is a
  142  final order as defined in s. 120.52. Any meeting or portion of a
  143  meeting of Space Florida’s board is exempt from the provisions
  144  of s. 286.011 and s. 24(b), Art. I of the State Constitution
  145  when the board is discussing trade secrets. Any public record
  146  generated during the closed portions of the meetings, such as
  147  minutes, tape recordings, and notes, is confidential and exempt
  148  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  149  State Constitution. This section is subject to the Open
  150  Government Sunset Review Act in accordance with s. 119.15 and
  151  shall stand repealed on October 2, 2020, unless reviewed and
  152  saved from repeal through reenactment by the Legislature.
  153         Section 5. Subsection (2) of section 365.174, Florida
  154  Statutes, is amended to read:
  155         365.174 Proprietary confidential business information.—
  156         (2)(a) All proprietary confidential business information
  157  submitted by a provider to the Department of Revenue, as an
  158  agent of the board, is confidential and exempt from s. 119.07(1)
  159  and s. 24(a), Art. I of the State Constitution.
  160         (b) The Department of Revenue may provide information
  161  relative to s. 365.172(9) to the Secretary of Management
  162  Services, or his or her authorized agent, or to the E911 Board
  163  established in s. 365.172(5) for use in the conduct of the
  164  official business of the Department of Management Services or
  165  the E911 Board.
  166         (c) This subsection is subject to the Open Government
  167  Sunset Review Act in accordance with s. 119.15 and shall stand
  168  repealed on October 2, 2020 2019, unless reviewed and saved from
  169  repeal through reenactment by the Legislature.
  170         Section 6. Section 381.83, Florida Statutes, is amended to
  171  read:
  172         381.83 Trade secrets; confidentiality.—
  173         (1) Records, reports, or information obtained from any
  174  person under this chapter, unless otherwise provided by law,
  175  shall be available to the public, except upon a showing
  176  satisfactory to the department by the person from whom the
  177  records, reports, or information is obtained that such records,
  178  reports, or information, or a particular part thereof, contains
  179  trade secrets as defined in s. 812.081(1)(c). Such trade secrets
  180  are shall be confidential and are exempt from the provisions of
  181  s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The
  182  person submitting such trade secret information to the
  183  department must request that it be kept confidential and must
  184  inform the department of the basis for the claim of trade
  185  secret. The department shall, subject to notice and opportunity
  186  for hearing, determine whether the information, or portions
  187  thereof, claimed to be a trade secret is or is not a trade
  188  secret. Such trade secrets may be disclosed, however, to
  189  authorized representatives of the department or, pursuant to
  190  request, to other governmental entities in order for them to
  191  properly perform their duties, or when relevant in any
  192  proceeding under this chapter. Authorized representatives and
  193  other governmental entities receiving such trade secret
  194  information shall retain its confidentiality. Those involved in
  195  any proceeding under this chapter, including a hearing officer
  196  or judge or justice, shall retain the confidentiality of any
  197  trade secret information revealed at such proceeding.
  198         (2) This section is subject to the Open Government Sunset
  199  Review Act in accordance with s. 119.15 and shall stand repealed
  200  on October 2, 2020, unless reviewed and saved from repeal by
  201  reenactment by the Legislature.
  202         Section 7. Subsection (2) and paragraph (b) of subsection
  203  (3) of section 403.7046, Florida Statutes, are amended to read:
  204         403.7046 Regulation of recovered materials.—
  205         (2) Information reported pursuant to the requirements of
  206  this section or any rule adopted pursuant to this section which,
  207  if disclosed, would reveal a trade secret, as defined in s.
  208  812.081(1)(c), is confidential and exempt from the provisions of
  209  s. 119.07(1) and s. 24(a), Art. I of the State Constitution. For
  210  reporting or information purposes, however, the department may
  211  provide this information in such form that the names of the
  212  persons reporting such information and the specific information
  213  reported are not revealed. This subsection is subject to the
  214  Open Government Sunset Review Act in accordance with s. 119.15
  215  and shall stand repealed on October 2, 2020, unless reviewed and
  216  saved from repeal through reenactment by the Legislature.
  217         (3) Except as otherwise provided in this section or
  218  pursuant to a special act in effect on or before January 1,
  219  1993, a local government may not require a commercial
  220  establishment that generates source-separated recovered
  221  materials to sell or otherwise convey its recovered materials to
  222  the local government or to a facility designated by the local
  223  government, nor may the local government restrict such a
  224  generator’s right to sell or otherwise convey such recovered
  225  materials to any properly certified recovered materials dealer
  226  who has satisfied the requirements of this section. A local
  227  government may not enact any ordinance that prevents such a
  228  dealer from entering into a contract with a commercial
  229  establishment to purchase, collect, transport, process, or
  230  receive source-separated recovered materials.
  231         (b)1. Before engaging in business within the jurisdiction
  232  of the local government, a recovered materials dealer must
  233  provide the local government with a copy of the certification
  234  provided for in this section. In addition, the local government
  235  may establish a registration process whereby a recovered
  236  materials dealer must register with the local government before
  237  engaging in business within the jurisdiction of the local
  238  government. Such registration process is limited to requiring
  239  the dealer to register its name, including the owner or operator
  240  of the dealer, and, if the dealer is a business entity, its
  241  general or limited partners, its corporate officers and
  242  directors, its permanent place of business, evidence of its
  243  certification under this section, and a certification that the
  244  recovered materials will be processed at a recovered materials
  245  processing facility satisfying the requirements of this section.
  246  The local government may not use the information provided in the
  247  registration application to compete unfairly with the recovered
  248  materials dealer until 90 days after receipt of the application.
  249  All counties, and municipalities whose population exceeds 35,000
  250  according to the population estimates determined pursuant to s.
  251  186.901, may establish a reporting process that which shall be
  252  limited to the regulations, reporting format, and reporting
  253  frequency established by the department pursuant to this
  254  section, which shall, at a minimum, include requiring the dealer
  255  to identify the types and approximate amount of recovered
  256  materials collected, recycled, or reused during the reporting
  257  period; the approximate percentage of recovered materials
  258  reused, stored, or delivered to a recovered materials processing
  259  facility or disposed of in a solid waste disposal facility; and
  260  the locations where any recovered materials were disposed of as
  261  solid waste. Information reported under this subsection which,
  262  if disclosed, would reveal a trade secret, as defined in s.
  263  812.081(1)(c), is confidential and exempt from the provisions of
  264  s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
  265  local government may charge the dealer a registration fee
  266  commensurate with and no greater than the cost incurred by the
  267  local government in operating its registration program.
  268  Registration program costs are limited to those costs associated
  269  with the activities described in this paragraph. Any reporting
  270  or registration process established by a local government with
  271  regard to recovered materials shall be governed by the
  272  provisions of this section and department rules adopted pursuant
  273  thereto.
  274         2. Information reported under this subsection which, if
  275  disclosed, would reveal a trade secret, as defined in s.
  276  812.081, is confidential and exempt from s. 119.07(1) and s.
  277  24(a), Art. I of the State Constitution. This subparagraph is
  278  subject to the Open Government Sunset Review Act in accordance
  279  with s. 119.15 and shall stand repealed on October 2, 2020,
  280  unless reviewed and saved from repeal through reenactment by the
  281  Legislature.
  282         Section 8. Section 403.73, Florida Statutes, is amended to
  283  read:
  284         403.73 Trade secrets; confidentiality.—
  285         (1) Records, reports, or information obtained from any
  286  person under this part, unless otherwise provided by law, shall
  287  be available to the public, except upon a showing satisfactory
  288  to the department by the person from whom the records, reports,
  289  or information is obtained that such records, reports, or
  290  information, or a particular part thereof, contains trade
  291  secrets as defined in s. 812.081(1)(c). Such trade secrets are
  292  shall be confidential and are exempt from the provisions of s.
  293  119.07(1) and s. 24(a), Art. I of the State Constitution. The
  294  person submitting such trade secret information to the
  295  department must request that it be kept confidential and must
  296  inform the department of the basis for the claim of trade
  297  secret. The department shall, subject to notice and opportunity
  298  for hearing, determine whether the information, or portions
  299  thereof, claimed to be a trade secret is or is not a trade
  300  secret. Such trade secrets may be disclosed, however, to
  301  authorized representatives of the department or, pursuant to
  302  request, to other governmental entities in order for them to
  303  properly perform their duties, or when relevant in any
  304  proceeding under this part. Authorized representatives and other
  305  governmental entities receiving such trade secret information
  306  shall retain its confidentiality. Those involved in any
  307  proceeding under this part, including an administrative law
  308  judge, a hearing officer, or a judge or justice, shall retain
  309  the confidentiality of any trade secret information revealed at
  310  such proceeding.
  311         (2) This section is subject to the Open Government Sunset
  312  Review Act in accordance with s. 119.15 and shall stand repealed
  313  on October 2, 2020, unless reviewed and saved from repeal
  314  through reenactment by the Legislature.
  315         Section 9. Paragraphs (g) and (m) of subsection (8) of
  316  section 499.012, Florida Statutes, are amended to read:
  317         499.012 Permit application requirements.—
  318         (8) An application for a permit or to renew a permit for a
  319  prescription drug wholesale distributor or an out-of-state
  320  prescription drug wholesale distributor submitted to the
  321  department must include:
  322         (g)1. For an application for a new permit, the estimated
  323  annual dollar volume of prescription drug sales of the
  324  applicant, the estimated annual percentage of the applicant’s
  325  total company sales that are prescription drugs, the applicant’s
  326  estimated annual total dollar volume of purchases of
  327  prescription drugs, and the applicant’s estimated annual total
  328  dollar volume of prescription drug purchases directly from
  329  manufacturers.
  330         2. For an application to renew a permit, the total dollar
  331  volume of prescription drug sales in the previous year, the
  332  total dollar volume of prescription drug sales made in the
  333  previous 6 months, the percentage of total company sales that
  334  were prescription drugs in the previous year, the total dollar
  335  volume of purchases of prescription drugs in the previous year,
  336  and the total dollar volume of prescription drug purchases
  337  directly from manufacturers in the previous year.
  338         3. Such portions of the information required pursuant to
  339  this paragraph which are a trade secret, as defined in s.
  340  812.081, shall be maintained by the department as trade secret
  341  information is required to be maintained under s. 499.051. This
  342  subparagraph is subject to the Open Government Sunset Review Act
  343  in accordance with s. 119.15 and shall stand repealed on October
  344  2, 2020, unless reviewed and saved from repeal through
  345  reenactment by the Legislature.
  346         (m) For an applicant that is a secondary wholesale
  347  distributor, each of the following:
  348         1. A personal background information statement containing
  349  the background information and fingerprints required pursuant to
  350  subsection (9) for each person named in the applicant’s response
  351  to paragraphs (k) and (l) and for each affiliated party of the
  352  applicant.
  353         2. If any of the five largest shareholders of the
  354  corporation seeking the permit is a corporation, the name,
  355  address, and title of each corporate officer and director of
  356  each such corporation; the name and address of such corporation;
  357  the name of such corporation’s resident agent, such
  358  corporation’s resident agent’s address, and such corporation’s
  359  state of its incorporation; and the name and address of each
  360  shareholder of such corporation that owns 5 percent or more of
  361  the stock of such corporation.
  362         3.a. The name and address of all financial institutions in
  363  which the applicant has an account which is used to pay for the
  364  operation of the establishment or to pay for drugs purchased for
  365  the establishment, together with the names of all persons that
  366  are authorized signatories on such accounts.
  367         b. The portions of the information required pursuant to
  368  this subparagraph which are a trade secret, as defined in s.
  369  812.081, shall be maintained by the department as trade secret
  370  information is required to be maintained under s. 499.051. This
  371  sub-subparagraph is subject to the Open Government Sunset Review
  372  Act in accordance with s. 119.15 and shall stand repealed on
  373  October 2, 2020, unless reviewed and saved from repeal through
  374  reenactment by the Legislature.
  375         4. The sources of all funds and the amounts of such funds
  376  used to purchase or finance purchases of prescription drugs or
  377  to finance the premises on which the establishment is to be
  378  located.
  379         5. If any of the funds identified in subparagraph 4. were
  380  borrowed, copies of all promissory notes or loans used to obtain
  381  such funds.
  382         Section 10. Subsection (7) of section 499.0121, Florida
  383  Statutes, is amended to read:
  384         499.0121 Storage and handling of prescription drugs;
  385  recordkeeping.—The department shall adopt rules to implement
  386  this section as necessary to protect the public health, safety,
  387  and welfare. Such rules shall include, but not be limited to,
  388  requirements for the storage and handling of prescription drugs
  389  and for the establishment and maintenance of prescription drug
  390  distribution records.
  391         (7) PRESCRIPTION DRUG PURCHASE LIST.—
  392         (a) Each wholesale distributor, except for a manufacturer,
  393  shall annually provide the department with a written list of all
  394  wholesale distributors and manufacturers from whom the wholesale
  395  distributor purchases prescription drugs. A wholesale
  396  distributor, except a manufacturer, shall notify the department
  397  not later than 10 days after any change to either list.
  398         (b) Such portions of the information required pursuant to
  399  this subsection which are a trade secret, as defined in s.
  400  812.081, shall be maintained by the department as trade secret
  401  information is required to be maintained under s. 499.051. This
  402  paragraph is subject to the Open Government Sunset Review Act in
  403  accordance with s. 119.15 and shall stand repealed on October 2,
  404  2020, unless reviewed and saved from repeal through reenactment
  405  by the Legislature.
  406         Section 11. Subsection (7) of section 499.051, Florida
  407  Statutes, is amended to read:
  408         499.051 Inspections and investigations.—
  409         (7)(a) The complaint and all information obtained pursuant
  410  to the investigation by the department are confidential and
  411  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  412  Constitution until the investigation and the enforcement action
  413  are completed.
  414         (b)Information that constitutes a However, trade secret,
  415  as defined in s. 812.081, information contained in the complaint
  416  therein as defined by s. 812.081(1)(c) shall remain confidential
  417  and exempt from the provisions of s. 119.07(1) and s. 24(a),
  418  Art. I of the State Constitution, as long as the information is
  419  retained by the department. This paragraph is subject to the
  420  Open Government Sunset Review Act in accordance with s. 119.15
  421  and shall stand repealed on October 2, 2020, unless reviewed and
  422  saved from repeal through reenactment by the Legislature.
  423         (c) This subsection does not prohibit the department from
  424  using such information for regulatory or enforcement proceedings
  425  under this chapter or from providing such information to any law
  426  enforcement agency or any other regulatory agency. However, the
  427  receiving agency shall keep such records confidential and exempt
  428  as provided in this subsection. In addition, this subsection is
  429  not intended to prevent compliance with the provisions of s.
  430  499.01212, and the pedigree papers required in that section are
  431  shall not be deemed a trade secret.
  432         Section 12. Section 499.931, Florida Statutes, is amended
  433  to read:
  434         499.931 Trade secret information.—Information required to
  435  be submitted under this part which is a trade secret as defined
  436  in s. 812.081(1)(c) and designated as a trade secret by an
  437  applicant or permitholder must be maintained as required under
  438  s. 499.051. This section is subject to the Open Government
  439  Sunset Review Act in accordance with s. 119.15 and shall stand
  440  repealed on October 2, 2020, unless reviewed and saved from
  441  repeal through reenactment by the Legislature.
  442         Section 13. Section 502.222, Florida Statutes, is amended
  443  to read:
  444         502.222 Information relating to trade secrets
  445  confidential.—The records of the department regarding matters
  446  encompassed by this chapter are public records, subject to the
  447  provisions of chapter 119, except that any information that
  448  which would reveal a trade secret, as defined in s. 812.081, of
  449  a dairy industry business is confidential and exempt from the
  450  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  451  Constitution. If the department determines that any information
  452  requested by the public will reveal a trade secret, it shall, in
  453  writing, inform the person making the request of that
  454  determination. The determination is a final order as defined in
  455  s. 120.52. This section is subject to the Open Government Sunset
  456  Review Act in accordance with s. 119.15 and shall stand repealed
  457  on October 2, 2020, unless reviewed and saved from repeal
  458  through reenactment by the Legislature.
  459         Section 14. Subsection (3) of section 570.48, Florida
  460  Statutes, is amended to read:
  461         570.48 Division of Fruit and Vegetables; powers and duties;
  462  records.—The duties of the Division of Fruit and Vegetables
  463  include, but are not limited to:
  464         (3) Maintaining the records of the division. The records of
  465  the division are public records; however, trade secrets as
  466  defined in s. 812.081 are confidential and exempt from the
  467  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  468  Constitution. This subsection is subject to the Open Government
  469  Sunset Review Act in accordance with s. 119.15 and shall stand
  470  repealed on October 2, 2020, unless reviewed and saved from
  471  repeal through reenactment by the Legislature. This section may
  472  shall not be construed to prohibit:
  473         (a) A disclosure necessary to enforcement procedures.
  474         (b) The department from releasing information to other
  475  governmental agencies. Other governmental agencies that receive
  476  confidential information from the department under this
  477  subsection shall maintain the confidentiality of that
  478  information.
  479         (c) The department or other agencies from compiling and
  480  publishing appropriate data regarding procedures, yield,
  481  recovery, quality, and related matters, provided such released
  482  data do not reveal by whom the activity to which the data relate
  483  was conducted.
  484         Section 15. Subsection (2) of section 573.123, Florida
  485  Statutes, is amended to read:
  486         573.123 Maintenance and production of records.—
  487         (2) Information that, if disclosed, would reveal a trade
  488  secret, as defined in s. 812.081, of any person subject to a
  489  marketing order is confidential and exempt from the provisions
  490  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  491  and may shall not be disclosed except to an attorney who
  492  provides legal advice to the division about enforcing a market
  493  order or by court order. A person who receives confidential
  494  information under this subsection shall maintain the
  495  confidentiality of that information. This subsection is subject
  496  to the Open Government Sunset Review Act in accordance with s.
  497  119.15 and shall stand repealed on October 2, 2020, unless
  498  reviewed and saved from repeal through reenactment by the
  499  Legislature.
  500         Section 16. Subsection (8) of section 601.10, Florida
  501  Statutes, is amended to read:
  502         601.10 Powers of the Department of Citrus.—The department
  503  shall have and shall exercise such general and specific powers
  504  as are delegated to it by this chapter and other statutes of the
  505  state, which powers shall include, but are not limited to, the
  506  following:
  507         (8)(a) To prepare and disseminate information of importance
  508  to citrus growers, handlers, shippers, processors, and industry
  509  related and interested persons and organizations relating to
  510  department activities and the production, handling, shipping,
  511  processing, and marketing of citrus fruit and processed citrus
  512  products. Any information that constitutes a trade secret as
  513  defined in s. 812.081(1)(c) is confidential and exempt from s.
  514  119.07(1) and shall not be disclosed. For referendum and other
  515  notice and informational purposes, the department may prepare
  516  and maintain, from the best available sources, a citrus grower
  517  mailing list. Such list shall be a public record available as
  518  other public records, but is not it shall not be subject to the
  519  purging provisions of s. 283.55.
  520         (b) Any information provided to the department which
  521  constitutes a trade secret, as defined in s. 812.081, is
  522  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  523  of the State Constitution. This paragraph is subject to the Open
  524  Government Sunset Review Act in accordance with s. 119.15 and
  525  shall stand repealed on October 2, 2020, unless reviewed and
  526  saved from repeal through reenactment by the Legislature.
  527         (c)(b) Any nonpublished reports or data related to studies
  528  or research conducted, caused to be conducted, or funded by the
  529  department under s. 601.13 is confidential and exempt from s.
  530  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  531  paragraph is subject to the Open Government Sunset Review Act in
  532  accordance with s. 119.15 and shall stand repealed on October 2,
  533  2017, unless reviewed and saved from repeal through reenactment
  534  by the Legislature.
  535         Section 17. Paragraph (d) of subsection (7) of section
  536  601.15, Florida Statutes, is amended to read:
  537         601.15 Advertising campaign; methods of conducting;
  538  assessments; emergency reserve fund; citrus research.—
  539         (7) All assessments levied and collected under this chapter
  540  shall be paid into the State Treasury on or before the 15th day
  541  of each month. Such moneys shall be accounted for in a special
  542  fund to be designated as the Florida Citrus Advertising Trust
  543  Fund, and all moneys in such fund are appropriated to the
  544  department for the following purposes:
  545         (d)1. The pro rata portion of moneys allocated to each type
  546  of citrus product in noncommodity programs shall be used by the
  547  department to encourage substantial increases in the
  548  effectiveness, frequency, and volume of noncommodity
  549  advertising, merchandising, publicity, and sales promotion of
  550  such citrus products through rebates and incentive payments to
  551  handlers and trade customers for these activities. The
  552  department shall adopt rules providing for the use of such
  553  moneys. The rules shall establish alternate incentive programs,
  554  including at least one incentive program for product sold under
  555  advertised brands, one incentive program for product sold under
  556  private label brands, and one incentive program for product sold
  557  in bulk. For each incentive program, the rules shall establish
  558  eligibility and performance requirements and shall provide
  559  appropriate limitations on amounts payable to a handler or trade
  560  customer for a particular season. Such limitations may relate to
  561  the amount of citrus assessments levied and collected on the
  562  citrus product handled by such handler or trade customer during
  563  a 12-month representative period.
  564         2. The department may require from participants in
  565  noncommodity advertising and promotional programs commercial
  566  information necessary to determine eligibility for and
  567  performance in such programs. Any information so required which
  568  that constitutes a trade secret, as defined in s. 812.081, is
  569  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  570  of the State Constitution. This subparagraph is subject to the
  571  Open Government Sunset Review Act in accordance with s. 119.15
  572  and shall stand repealed on October 2, 2020, unless reviewed and
  573  saved from repeal through reenactment by the Legislature.
  574         Section 18. Paragraph (c) of subsection (8) of section
  575  601.152, Florida Statutes, is amended to read:
  576         601.152 Special marketing orders.—
  577         (8)
  578         (c)1. Every handler shall, at such times as the department
  579  may require, file with the department a return, not under oath,
  580  on forms to be prescribed and furnished by the department,
  581  certified as true and correct, stating the quantity of the type,
  582  variety, and form of citrus fruit or citrus product specified in
  583  the marketing order first handled in the primary channels of
  584  trade in the state by such handler during the period of time
  585  specified in the marketing order. Such returns shall contain any
  586  further information deemed by the department to be reasonably
  587  necessary to properly administer or enforce this section or any
  588  marketing order implemented under this section.
  589         2. Information that, if disclosed, would reveal a trade
  590  secret, as defined in s. 812.081, of any person subject to a
  591  marketing order is confidential and exempt from s. 119.07(1) and
  592  s. 24(a), Art. I of the State Constitution. This subparagraph is
  593  subject to the Open Government Sunset Review Act in accordance
  594  with s. 119.15 and shall stand repealed on October 2, 2020,
  595  unless reviewed and saved from repeal through reenactment by the
  596  Legislature.
  597         Section 19. Section 601.76, Florida Statutes, is amended to
  598  read:
  599         601.76 Manufacturer to furnish formula and other
  600  information.—Any formula required to be filed with the
  601  Department of Agriculture shall be deemed a trade secret as
  602  defined in s. 812.081, is confidential and exempt from s.
  603  119.07(1) and s. 24(a), Art. I of the State Constitution, and
  604  shall only be divulged only to the Department of Agriculture or
  605  to its duly authorized representatives or upon court order
  606  orders of a court of competent jurisdiction when necessary in
  607  the enforcement of this law. A person who receives such a
  608  formula from the Department of Agriculture under this section
  609  shall maintain the confidentiality of the formula. This section
  610  is subject to the Open Government Sunset Review Act in
  611  accordance with s. 119.15 and shall stand repealed on October 2,
  612  2020, unless reviewed and saved from repeal through reenactment
  613  by the Legislature.
  614         Section 20. Subsections (3) and (6) of section 815.04,
  615  Florida Statutes, are amended to read:
  616         815.04 Offenses against intellectual property; public
  617  records exemption.—
  618         (3) Data, programs, or supporting documentation that is a
  619  trade secret as defined in s. 812.081, that is held by an agency
  620  as defined in chapter 119, and that resides or exists internal
  621  or external to a computer, computer system, computer network, or
  622  electronic device is confidential and exempt from the provisions
  623  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  624         (6) Subsection Subsections (3) and (4) is are subject to
  625  the Open Government Sunset Review Act in accordance with s.
  626  119.15, and shall stand repealed on October 2, 2019, unless
  627  reviewed and saved from repeal through reenactment by the
  628  Legislature. Subsection (3) is subject to the Open Government
  629  Sunset Review Act in accordance with s. 119.15, and shall stand
  630  repealed on October 2, 2020, unless reviewed and saved from
  631  repeal through reenactment by the Legislature.
  632         Section 21. The Legislature finds that it is a public
  633  necessity that financial information comprising a trade secret
  634  as defined in s. 812.081, Florida Statutes, be made exempt or
  635  confidential and exempt from s. 119.07(1), Florida Statutes, and
  636  s. 24(a), Article I of the State Constitution. The Legislature
  637  also finds that it is a public necessity that any portion of a
  638  meeting in which a trade secret, as defined in s. 812.081,
  639  Florida Statutes, is discussed be made exempt from s. 286.011,
  640  Florida Statutes and s. 24(b), Article I of the State
  641  Constitution. The Legislature recognizes that in many instances,
  642  businesses are required to provide financial information for
  643  regulatory or other purposes to governmental entities and that
  644  disclosure of such information to competitors of those
  645  businesses would be detrimental to the businesses. The
  646  Legislature’s intent is to protect trade secret information of a
  647  confidential nature that includes, but is not limited to, a
  648  formula, a pattern, a device, a combination of devices, or a
  649  compilation of information used to protect or further a business
  650  advantage over those who do not know or use the information, the
  651  disclosure of which would injure the affected business in the
  652  marketplace. Therefore, the Legislature finds that the need to
  653  protect trade secret financial information is sufficiently
  654  compelling to override this state’s public policy of open
  655  government and that the protection of such information cannot be
  656  accomplished without these exemptions.
  657         Section 22. This act shall take effect on the same date
  658  that SB 564 or similar legislation relating to trade secrets
  659  takes effect, if such legislation is adopted in the same
  660  legislative session or an extension thereof and becomes a law.