Florida Senate - 2016                              CS for SB 182
       
       
        
       By the Committee on Commerce and Tourism; and Senator Richter
       
       
       
       
       
       577-00710-16                                           2016182c1
    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         E911 Board, the Technology Program within the
   15         Department of Management Services, and the Department
   16         of Revenue, trade secret information held by the
   17         Department of Health, trade secret information
   18         reported or submitted to the Department of
   19         Environmental Protection, trade secret information
   20         held by the Department of Business and Professional
   21         Regulation through the complaint and investigation of
   22         a permitholder under the Florida Drug and Cosmetic
   23         Act, trade secret information of a dairy industry
   24         business held by the Department of Agriculture and
   25         Consumer Services, trade secret information held by
   26         the Division of Fruits and Vegetables of the
   27         Department of Agriculture and Consumer Services, trade
   28         secret information of a person subject to a marketing
   29         order held by the Department of Agriculture and
   30         Consumer Services, trade secret information provided
   31         to the Department of Citrus, trade secret information
   32         of noncommodity advertising and promotional program
   33         participants held by the Department of Citrus, trade
   34         secret information of a person subject to a marketing
   35         order held by the Department of Citrus, a
   36         manufacturer’s formula filed with the Department of
   37         Agriculture and Consumer Services, and specified data,
   38         programs, or supporting documentation held by an
   39         agency, respectively, to incorporate changes made to
   40         the definition of the term “trade secret” in s.
   41         812.081, F.S., by SB 180; expanding a public meeting
   42         exemption for any meeting or portion of a meeting of
   43         Space Florida’s board at which trade secrets are
   44         discussed to incorporate changes made to the
   45         definition of the term “trade secret” in s. 812.081,
   46         F.S., by SB 180; providing for future legislative
   47         review and repeal of the exemptions; providing a
   48         statement of public necessity; providing a contingent
   49         effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Paragraph (f) of subsection (1) of section
   54  119.071, Florida Statutes, is amended to read:
   55         119.071 General exemptions from inspection or copying of
   56  public records.—
   57         (1) AGENCY ADMINISTRATION.—
   58         (f) Data processing software obtained by an agency under a
   59  licensing agreement that prohibits its disclosure and which
   60  software is a trade secret, as defined in s. 812.081, and
   61  agency-produced data processing software that is sensitive are
   62  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   63  Constitution. The designation of agency-produced software as
   64  sensitive does shall not prohibit an agency head from sharing or
   65  exchanging such software with another public agency. This
   66  paragraph is subject to the Open Government Sunset Review Act in
   67  accordance with s. 119.15 and shall stand repealed on October 2,
   68  2021, unless reviewed and saved from repeal through reenactment
   69  by the Legislature.
   70         Section 2. Paragraph (d) of subsection (9) of section
   71  125.0104, Florida Statutes, is amended to read:
   72         125.0104 Tourist development tax; procedure for levying;
   73  authorized uses; referendum; enforcement.—
   74         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
   75  other powers and duties provided for agencies created for the
   76  purpose of tourism promotion by a county levying the tourist
   77  development tax, such agencies are authorized and empowered to:
   78         (d) Undertake marketing research and advertising research
   79  studies and provide reservations services and convention and
   80  meetings booking services consistent with the authorized uses of
   81  revenue as set forth in subsection (5).
   82         1. Information given to a county tourism promotion agency
   83  which, if released, would reveal the identity of persons or
   84  entities who provide data or other information as a response to
   85  a sales promotion effort, an advertisement, or a research
   86  project or whose names, addresses, meeting or convention plan
   87  information or accommodations or other visitation needs become
   88  booking or reservation list data, is exempt from s. 119.07(1)
   89  and from s. 24(a), Art. I of the State Constitution.
   90         2. The following information, when held by a county tourism
   91  promotion agency, is exempt from s. 119.07(1) and from s. 24(a),
   92  Art. I of the State Constitution:
   93         a. A trade secret, as defined in s. 812.081.
   94         a.b. Booking business records, as defined in s. 255.047.
   95         b.c. Trade secrets and commercial or financial information
   96  gathered from a person and privileged or confidential, as
   97  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
   98  amendments thereto.
   99         3. A trade secret, as defined in s. 812.081, held by a
  100  county tourism promotion agency is exempt from s. 119.07(1) and
  101  s. 24(a), Art. I of the State Constitution. This subparagraph is
  102  subject to the Open Government Sunset Review Act in accordance
  103  with s. 119.15 and shall stand repealed on October 2, 2021,
  104  unless reviewed and saved from repeal through reenactment by the
  105  Legislature.
  106         Section 3. Subsection (8) of section 288.1226, Florida
  107  Statutes, is amended to read:
  108         288.1226 Florida Tourism Industry Marketing Corporation;
  109  use of property; board of directors; duties; audit.—
  110         (8) PUBLIC RECORDS EXEMPTION.—The identity of any person
  111  who responds to a marketing project or advertising research
  112  project conducted by the corporation in the performance of its
  113  duties on behalf of Enterprise Florida, Inc., or trade secrets
  114  as defined by s. 812.081 obtained pursuant to such activities,
  115  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  116  Constitution. This subsection is subject to the Open Government
  117  Sunset Review Act in accordance with s. 119.15 and shall stand
  118  repealed on October 2, 2021, unless reviewed and saved from
  119  repeal through reenactment by the Legislature.
  120         Section 4. Section 331.326, Florida Statutes, is amended to
  121  read:
  122         331.326 Information relating to trade secrets
  123  confidential.—The records of Space Florida regarding matters
  124  encompassed by this act are public records subject to the
  125  provisions of chapter 119. Any information held by Space Florida
  126  which is a trade secret, as defined in s. 812.081, including
  127  trade secrets of Space Florida, any spaceport user, or the space
  128  industry business, is confidential and exempt from the
  129  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  130  Constitution and may not be disclosed. If Space Florida
  131  determines that any information requested by the public will
  132  reveal a trade secret, it shall, in writing, inform the person
  133  making the request of that determination. The determination is a
  134  final order as defined in s. 120.52. Any meeting or portion of a
  135  meeting of Space Florida’s board is exempt from the provisions
  136  of s. 286.011 and s. 24(b), Art. I of the State Constitution
  137  when the board is discussing trade secrets. Any public record
  138  generated during the closed portions of the meetings, such as
  139  minutes, tape recordings, and notes, is confidential and exempt
  140  from the provisions of s. 119.07(1) and s. 24(a), Art. I of the
  141  State Constitution. This section is subject to the Open
  142  Government Sunset Review Act in accordance with s. 119.15 and
  143  shall stand repealed on October 2, 2021, unless reviewed and
  144  saved from repeal through reenactment by the Legislature.
  145         Section 5. Section 365.174, Florida Statutes, is amended to
  146  read:
  147         365.174 Proprietary confidential business information.—
  148         (1)(a) All proprietary confidential business information
  149  submitted by a provider to the board or the office is
  150  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  151  of the State Constitution.
  152         (b) Statistical abstracts of information collected by the
  153  board or the office may be released or published, but only in a
  154  manner that does not identify or allow identification of
  155  subscribers or their service numbers or of revenues attributable
  156  to any provider.
  157         (2)(a) All proprietary confidential business information
  158  submitted by a provider to the Department of Revenue, as an
  159  agent of the board, is confidential and exempt from s. 119.07(1)
  160  and s. 24(a), Art. I of the State Constitution.
  161         (b) The Department of Revenue may provide information
  162  relative to s. 365.172(9) to the Secretary of Management
  163  Services, or his or her authorized agent, or to the E911 Board
  164  established in s. 365.172(5) for use in the conduct of the
  165  official business of the Department of Management Services or
  166  the E911 Board.
  167         (c) This subsection is subject to the Open Government
  168  Sunset Review Act in accordance with s. 119.15 and shall stand
  169  repealed on October 2, 2019, unless reviewed and saved from
  170  repeal through reenactment by the Legislature.
  171         (3) As used in this section, the term “proprietary
  172  confidential business information” means customer lists,
  173  customer numbers, individual or aggregate customer data by
  174  location, usage and capacity data, network facilities used to
  175  serve subscribers, technology descriptions, technical
  176  information, or trade secrets, including trade secrets as
  177  defined in s. 812.081, and the actual or developmental costs of
  178  E911 systems that are developed, produced, or received
  179  internally by a provider or by a provider’s employees,
  180  directors, officers, or agents.
  181         (4) This section is subject to the Open Government Sunset
  182  Review Act in accordance with s. 119.15 and shall stand repealed
  183  on October 2, 2021, unless reviewed and saved from repeal
  184  through reenactment by the Legislature.
  185         Section 6. Section 381.83, Florida Statutes, is amended to
  186  read:
  187         381.83 Trade secrets; confidentiality.—
  188         (1) Records, reports, or information obtained from any
  189  person under this chapter, unless otherwise provided by law,
  190  must shall be available to the public, except upon a showing
  191  satisfactory to the department by the person from whom the
  192  records, reports, or information is obtained that such records,
  193  reports, or information, or a particular part thereof, contains
  194  trade secrets as defined in s. 812.081 812.081(1)(c). Such trade
  195  secrets are shall be confidential and are exempt from the
  196  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  197  Constitution. The person submitting such trade secret
  198  information to the department must request that it be kept
  199  confidential and must inform the department of the basis for the
  200  claim of trade secret. The department shall, subject to notice
  201  and opportunity for hearing, determine whether the information,
  202  or portions thereof, claimed to be a trade secret is or is not a
  203  trade secret. Such trade secrets may be disclosed, however, to
  204  authorized representatives of the department or, pursuant to
  205  request, to other governmental entities in order for them to
  206  properly perform their duties, or when relevant in any
  207  proceeding under this chapter. Authorized representatives and
  208  other governmental entities receiving such trade secret
  209  information shall retain its confidentiality. Those involved in
  210  any proceeding under this chapter, including a hearing officer
  211  or judge or justice, shall retain the confidentiality of any
  212  trade secret information revealed at such proceeding.
  213         (2) This section is subject to the Open Government Sunset
  214  Review Act in accordance with s. 119.15 and shall stand repealed
  215  on October 2, 2021, unless reviewed and saved from repeal
  216  through reenactment by the Legislature.
  217         Section 7. Subsection (2) and paragraph (b) of subsection
  218  (3) of section 403.7046, Florida Statutes, are amended to read:
  219         403.7046 Regulation of recovered materials.—
  220         (2) Information reported pursuant to the requirements of
  221  this section or any rule adopted pursuant to this section which,
  222  if disclosed, would reveal a trade secret, as defined in s.
  223  812.081 812.081(1)(c), is confidential and exempt from the
  224  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  225  Constitution. For reporting or information purposes, however,
  226  the department may provide this information in such form that
  227  the names of the persons reporting such information and the
  228  specific information reported are not revealed. This subsection
  229  is subject to the Open Government Sunset Review Act in
  230  accordance with s. 119.15 and shall stand repealed on October 2,
  231  2021, unless reviewed and saved from repeal through reenactment
  232  by the Legislature.
  233         (3) Except as otherwise provided in this section or
  234  pursuant to a special act in effect on or before January 1,
  235  1993, a local government may not require a commercial
  236  establishment that generates source-separated recovered
  237  materials to sell or otherwise convey its recovered materials to
  238  the local government or to a facility designated by the local
  239  government, nor may the local government restrict such a
  240  generator’s right to sell or otherwise convey such recovered
  241  materials to any properly certified recovered materials dealer
  242  who has satisfied the requirements of this section. A local
  243  government may not enact any ordinance that prevents such a
  244  dealer from entering into a contract with a commercial
  245  establishment to purchase, collect, transport, process, or
  246  receive source-separated recovered materials.
  247         (b)1. Before engaging in business within the jurisdiction
  248  of the local government, a recovered materials dealer must
  249  provide the local government with a copy of the certification
  250  provided for in this section. In addition, the local government
  251  may establish a registration process whereby a recovered
  252  materials dealer must register with the local government before
  253  engaging in business within the jurisdiction of the local
  254  government. Such registration process is limited to requiring
  255  the dealer to register its name, including the owner or operator
  256  of the dealer, and, if the dealer is a business entity, its
  257  general or limited partners, its corporate officers and
  258  directors, its permanent place of business, evidence of its
  259  certification under this section, and a certification that the
  260  recovered materials will be processed at a recovered materials
  261  processing facility satisfying the requirements of this section.
  262  The local government may not use the information provided in the
  263  registration application to compete unfairly with the recovered
  264  materials dealer until 90 days after receipt of the application.
  265  All counties, and municipalities whose population exceeds 35,000
  266  according to the population estimates determined pursuant to s.
  267  186.901, may establish a reporting process that must which shall
  268  be limited to the regulations, reporting format, and reporting
  269  frequency established by the department pursuant to this
  270  section, which must shall, at a minimum, include requiring the
  271  dealer to identify the types and approximate amount of recovered
  272  materials collected, recycled, or reused during the reporting
  273  period; the approximate percentage of recovered materials
  274  reused, stored, or delivered to a recovered materials processing
  275  facility or disposed of in a solid waste disposal facility; and
  276  the locations where any recovered materials were disposed of as
  277  solid waste. Information reported under this subsection which,
  278  if disclosed, would reveal a trade secret, as defined in s.
  279  812.081(1)(c), is confidential and exempt from the provisions of
  280  s. 24(a), Art. I of the State Constitution and s. 119.07(1). The
  281  local government may charge the dealer a registration fee
  282  commensurate with and no greater than the cost incurred by the
  283  local government in operating its registration program.
  284  Registration program costs are limited to those costs associated
  285  with the activities described in this subparagraph paragraph.
  286  Any reporting or registration process established by a local
  287  government with regard to recovered materials is shall be
  288  governed by the provisions of this section and department rules
  289  adopted pursuant thereto.
  290         2. Information reported under this subsection which, if
  291  disclosed, would reveal a trade secret, as defined in s.
  292  812.081, is confidential and exempt from s. 119.07(1) and s.
  293  24(a), Art. I of the State Constitution. This subparagraph is
  294  subject to the Open Government Sunset Review Act in accordance
  295  with s. 119.15 and shall stand repealed on October 2, 2021,
  296  unless reviewed and saved from repeal through reenactment by the
  297  Legislature.
  298         Section 8. Section 403.73, Florida Statutes, is amended to
  299  read:
  300         403.73 Trade secrets; confidentiality.—
  301         (1) Records, reports, or information obtained from any
  302  person under this part, unless otherwise provided by law, must
  303  shall be available to the public, except upon a showing
  304  satisfactory to the department by the person from whom the
  305  records, reports, or information is obtained that such records,
  306  reports, or information, or a particular part thereof, contains
  307  trade secrets as defined in s. 812.081 812.081(1)(c). Such trade
  308  secrets are shall be confidential and are exempt from the
  309  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  310  Constitution. The person submitting such trade secret
  311  information to the department must request that it be kept
  312  confidential and must inform the department of the basis for the
  313  claim of trade secret. The department shall, subject to notice
  314  and opportunity for hearing, determine whether the information,
  315  or portions thereof, claimed to be a trade secret is or is not a
  316  trade secret. Such trade secrets may be disclosed, however, to
  317  authorized representatives of the department or, pursuant to
  318  request, to other governmental entities in order for them to
  319  properly perform their duties, or when relevant in any
  320  proceeding under this part. Authorized representatives and other
  321  governmental entities receiving such trade secret information
  322  shall retain its confidentiality. Those involved in any
  323  proceeding under this part, including an administrative law
  324  judge, a hearing officer, or a judge or justice, shall retain
  325  the confidentiality of any trade secret information revealed at
  326  such proceeding.
  327         (2) This section is subject to the Open Government Sunset
  328  Review Act in accordance with s. 119.15 and shall stand repealed
  329  on October 2, 2021, unless reviewed and saved from repeal
  330  through reenactment by the Legislature.
  331         Section 9. Paragraphs (g) and (m) of subsection (8) of
  332  section 499.012, Florida Statutes, are amended to read:
  333         499.012 Permit application requirements.—
  334         (8) An application for a permit or to renew a permit for a
  335  prescription drug wholesale distributor or an out-of-state
  336  prescription drug wholesale distributor submitted to the
  337  department must include:
  338         (g)1. For an application for a new permit, the estimated
  339  annual dollar volume of prescription drug sales of the
  340  applicant, the estimated annual percentage of the applicant’s
  341  total company sales that are prescription drugs, the applicant’s
  342  estimated annual total dollar volume of purchases of
  343  prescription drugs, and the applicant’s estimated annual total
  344  dollar volume of prescription drug purchases directly from
  345  manufacturers.
  346         2. For an application to renew a permit, the total dollar
  347  volume of prescription drug sales in the previous year, the
  348  total dollar volume of prescription drug sales made in the
  349  previous 6 months, the percentage of total company sales that
  350  were prescription drugs in the previous year, the total dollar
  351  volume of purchases of prescription drugs in the previous year,
  352  and the total dollar volume of prescription drug purchases
  353  directly from manufacturers in the previous year.
  354         3. Such portions of the information required pursuant to
  355  this paragraph which are a trade secret, as defined in s.
  356  812.081, shall be maintained by the department as trade secret
  357  information is required to be maintained under s. 499.051. This
  358  subparagraph is subject to the Open Government Sunset Review Act
  359  in accordance with s. 119.15 and shall stand repealed on October
  360  2, 2021, unless reviewed and saved from repeal through
  361  reenactment by the Legislature.
  362         (m) For an applicant that is a secondary wholesale
  363  distributor, each of the following:
  364         1. A personal background information statement containing
  365  the background information and fingerprints required pursuant to
  366  subsection (9) for each person named in the applicant’s response
  367  to paragraphs (k) and (l) and for each affiliated party of the
  368  applicant.
  369         2. If any of the five largest shareholders of the
  370  corporation seeking the permit is a corporation, the name,
  371  address, and title of each corporate officer and director of
  372  each such corporation; the name and address of such corporation;
  373  the name of such corporation’s resident agent, such
  374  corporation’s resident agent’s address, and such corporation’s
  375  state of its incorporation; and the name and address of each
  376  shareholder of such corporation who that owns 5 percent or more
  377  of the stock of such corporation.
  378         3.a. The name and address of all financial institutions in
  379  which the applicant has an account that which is used to pay for
  380  the operation of the establishment or to pay for drugs purchased
  381  for the establishment, together with the names of all persons
  382  who that are authorized signatories on such accounts.
  383         b. The portions of the information required pursuant to
  384  this subparagraph which are a trade secret, as defined in s.
  385  812.081, shall be maintained by the department as trade secret
  386  information is required to be maintained under s. 499.051. This
  387  sub-subparagraph is subject to the Open Government Sunset Review
  388  Act in accordance with s. 119.15 and shall stand repealed on
  389  October 2, 2021, unless reviewed and saved from repeal through
  390  reenactment by the Legislature.
  391         4. The sources of all funds and the amounts of such funds
  392  used to purchase or finance purchases of prescription drugs or
  393  to finance the premises on which the establishment is to be
  394  located.
  395         5. If any of the funds identified in subparagraph 4. were
  396  borrowed, copies of all promissory notes or loans used to obtain
  397  such funds.
  398         Section 10. Subsection (7) of section 499.0121, Florida
  399  Statutes, is amended to read:
  400         499.0121 Storage and handling of prescription drugs;
  401  recordkeeping.—The department shall adopt rules to implement
  402  this section as necessary to protect the public health, safety,
  403  and welfare. Such rules shall include, but not be limited to,
  404  requirements for the storage and handling of prescription drugs
  405  and for the establishment and maintenance of prescription drug
  406  distribution records.
  407         (7) PRESCRIPTION DRUG PURCHASE LIST.—
  408         (a) Each wholesale distributor, except for a manufacturer,
  409  shall annually provide the department with a written list of all
  410  wholesale distributors and manufacturers from whom the wholesale
  411  distributor purchases prescription drugs. A wholesale
  412  distributor, except a manufacturer, shall notify the department
  413  not later than 10 days after any change to either list.
  414         (b) Such portions of the information required pursuant to
  415  this subsection which are a trade secret, as defined in s.
  416  812.081, shall be maintained by the department as trade secret
  417  information is required to be maintained under s. 499.051. This
  418  paragraph is subject to the Open Government Sunset Review Act in
  419  accordance with s. 119.15 and shall stand repealed on October 2,
  420  2021, unless reviewed and saved from repeal through reenactment
  421  by the Legislature.
  422         Section 11. Subsection (7) of section 499.051, Florida
  423  Statutes, is amended to read:
  424         499.051 Inspections and investigations.—
  425         (7)(a) The complaint and all information obtained pursuant
  426  to the investigation by the department are confidential and
  427  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
  428  Constitution until the investigation and the enforcement action
  429  are completed.
  430         (b) Information that constitutes a However, trade secret,
  431  as defined in s. 812.081, contained in the complaint and
  432  obtained by the department pursuant to the investigation must
  433  information contained therein as defined by s. 812.081(1)(c)
  434  shall remain confidential and exempt from the provisions of s.
  435  119.07(1) and s. 24(a), Art. I of the State Constitution, as
  436  long as the information is held by retained by the department.
  437  This paragraph is subject to the Open Government Sunset Review
  438  Act in accordance with s. 119.15 and shall stand repealed on
  439  October 2, 2021, unless reviewed and saved from repeal through
  440  reenactment by the Legislature.
  441         (c) This subsection does not prohibit the department from
  442  using such information for regulatory or enforcement proceedings
  443  under this chapter or from providing such information to any law
  444  enforcement agency or any other regulatory agency. However, the
  445  receiving agency shall keep such records confidential and exempt
  446  as provided in this subsection. In addition, this subsection is
  447  not intended to prevent compliance with the provisions of s.
  448  499.01212, and the pedigree papers required in that section are
  449  shall not be deemed a trade secret.
  450         Section 12. Section 499.931, Florida Statutes, is amended
  451  to read:
  452         499.931 Trade secret information.—Information required to
  453  be submitted under this part which is a trade secret as defined
  454  in s. 812.081 812.081(1)(c) and designated as a trade secret by
  455  an applicant or permitholder must be maintained as required
  456  under s. 499.051. This section is subject to the Open Government
  457  Sunset Review Act in accordance with s. 119.15 and shall stand
  458  repealed on October 2, 2021, unless reviewed and saved from
  459  repeal through reenactment by the Legislature.
  460         Section 13. Section 502.222, Florida Statutes, is amended
  461  to read:
  462         502.222 Information relating to trade secrets
  463  confidential.—The records of the department regarding matters
  464  encompassed by this chapter are public records, subject to the
  465  provisions of chapter 119, except that any information that
  466  which would reveal a trade secret, as defined in s. 812.081, of
  467  a dairy industry business is confidential and exempt from the
  468  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  469  Constitution. If the department determines that any information
  470  requested by the public will reveal a trade secret, it shall, in
  471  writing, inform the person making the request of that
  472  determination. The determination is a final order as defined in
  473  s. 120.52. This section is subject to the Open Government Sunset
  474  Review Act in accordance with s. 119.15 and shall stand repealed
  475  on October 2, 2021, unless reviewed and saved from repeal
  476  through reenactment by the Legislature.
  477         Section 14. Subsection (3) of section 570.48, Florida
  478  Statutes, is amended to read:
  479         570.48 Division of Fruit and Vegetables; powers and duties;
  480  records.—The duties of the Division of Fruit and Vegetables
  481  include, but are not limited to:
  482         (3) Maintaining the records of the division. The records of
  483  the division are public records; however, trade secrets as
  484  defined in s. 812.081 are confidential and exempt from the
  485  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
  486  Constitution. This subsection is subject to the Open Government
  487  Sunset Review Act in accordance with s. 119.15 and shall stand
  488  repealed on October 2, 2021, unless reviewed and saved from
  489  repeal through reenactment by the Legislature. This section may
  490  shall not be construed to prohibit:
  491         (a) A disclosure necessary to enforcement procedures.
  492         (b) The department from releasing information to other
  493  governmental agencies. Other governmental agencies that receive
  494  confidential information from the department under this
  495  subsection shall maintain the confidentiality of that
  496  information.
  497         (c) The department or other agencies from compiling and
  498  publishing appropriate data regarding procedures, yield,
  499  recovery, quality, and related matters, provided such released
  500  data do not reveal by whom the activity to which the data relate
  501  was conducted.
  502         Section 15. Subsection (2) of section 573.123, Florida
  503  Statutes, is amended to read:
  504         573.123 Maintenance and production of records.—
  505         (2) Information that, if disclosed, would reveal a trade
  506  secret, as defined in s. 812.081, of any person subject to a
  507  marketing order is confidential and exempt from the provisions
  508  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution
  509  and may shall not be disclosed except to an attorney who
  510  provides legal advice to the division about enforcing a
  511  marketing market order or by court order. A person who receives
  512  confidential information under this subsection shall maintain
  513  the confidentiality of that information. This subsection is
  514  subject to the Open Government Sunset Review Act in accordance
  515  with s. 119.15 and shall stand repealed on October 2, 2021,
  516  unless reviewed and saved from repeal through reenactment by the
  517  Legislature.
  518         Section 16. Subsection (8) of section 601.10, Florida
  519  Statutes, is amended to read:
  520         601.10 Powers of the Department of Citrus.—The department
  521  shall have and shall exercise such general and specific powers
  522  as are delegated to it by this chapter and other statutes of the
  523  state, which powers shall include, but are not limited to, the
  524  following:
  525         (8)(a) To prepare and disseminate information of importance
  526  to citrus growers, handlers, shippers, processors, and industry
  527  related and interested persons and organizations relating to
  528  department activities and the production, handling, shipping,
  529  processing, and marketing of citrus fruit and processed citrus
  530  products. Any information that constitutes a trade secret as
  531  defined in s. 812.081(1)(c) is confidential and exempt from s.
  532  119.07(1) and shall not be disclosed. For referendum and other
  533  notice and informational purposes, the department may prepare
  534  and maintain, from the best available sources, a citrus grower
  535  mailing list. Such list shall be a public record available as
  536  other public records, but is it shall not be subject to the
  537  purging provisions of s. 283.55.
  538         (b) Any information provided to the department which
  539  constitutes a trade secret as defined in s. 812.081 is
  540  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  541  of the State Constitution. This paragraph is subject to the Open
  542  Government Sunset Review Act in accordance with s. 119.15 and
  543  shall stand repealed on October 2, 2021, unless reviewed and
  544  saved from repeal through reenactment by the Legislature.
  545         (c)(b) Any nonpublished reports or data related to studies
  546  or research conducted, caused to be conducted, or funded by the
  547  department under s. 601.13 is confidential and exempt from s.
  548  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  549  paragraph is subject to the Open Government Sunset Review Act in
  550  accordance with s. 119.15 and shall stand repealed on October 2,
  551  2017, unless reviewed and saved from repeal through reenactment
  552  by the Legislature.
  553         Section 17. Paragraph (d) of subsection (7) of section
  554  601.15, Florida Statutes, is amended to read:
  555         601.15 Advertising campaign; methods of conducting;
  556  assessments; emergency reserve fund; citrus research.—
  557         (7) All assessments levied and collected under this chapter
  558  shall be paid into the State Treasury on or before the 15th day
  559  of each month. Such moneys shall be accounted for in a special
  560  fund to be designated as the Florida Citrus Advertising Trust
  561  Fund, and all moneys in such fund are appropriated to the
  562  department for the following purposes:
  563         (d)1. The pro rata portion of moneys allocated to each type
  564  of citrus product in noncommodity programs shall be used by the
  565  department to encourage substantial increases in the
  566  effectiveness, frequency, and volume of noncommodity
  567  advertising, merchandising, publicity, and sales promotion of
  568  such citrus products through rebates and incentive payments to
  569  handlers and trade customers for these activities. The
  570  department shall adopt rules providing for the use of such
  571  moneys. The rules shall establish alternate incentive programs,
  572  including at least one incentive program for product sold under
  573  advertised brands, one incentive program for product sold under
  574  private label brands, and one incentive program for product sold
  575  in bulk. For each incentive program, the rules must shall
  576  establish eligibility and performance requirements and must
  577  shall provide appropriate limitations on amounts payable to a
  578  handler or trade customer for a particular season. Such
  579  limitations may relate to the amount of citrus assessments
  580  levied and collected on the citrus product handled by such
  581  handler or trade customer during a 12-month representative
  582  period.
  583         2. The department may require from participants in
  584  noncommodity advertising and promotional programs commercial
  585  information necessary to determine eligibility for and
  586  performance in such programs. Any information so required which
  587  that constitutes a trade secret as defined in s. 812.081 is
  588  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
  589  of the State Constitution. This subparagraph is subject to the
  590  Open Government Sunset Review Act in accordance with s. 119.15
  591  and shall stand repealed on October 2, 2021, unless reviewed and
  592  saved from repeal through reenactment by the Legislature.
  593         Section 18. Paragraph (c) of subsection (8) of section
  594  601.152, Florida Statutes, is amended to read:
  595         601.152 Special marketing orders.—
  596         (8)
  597         (c)1. Every handler shall, at such times as the department
  598  may require, file with the department a return, not under oath,
  599  on forms to be prescribed and furnished by the department,
  600  certified as true and correct, stating the quantity of the type,
  601  variety, and form of citrus fruit or citrus product specified in
  602  the marketing order first handled in the primary channels of
  603  trade in the state by such handler during the period of time
  604  specified in the marketing order. Such returns must shall
  605  contain any further information deemed by the department to be
  606  reasonably necessary to properly administer or enforce this
  607  section or any marketing order implemented under this section.
  608         2. Information that, if disclosed, would reveal a trade
  609  secret, as defined in s. 812.081, of any person subject to a
  610  marketing order is confidential and exempt from s. 119.07(1) and
  611  s. 24(a), Art. I of the State Constitution. This subparagraph is
  612  subject to the Open Government Sunset Review Act in accordance
  613  with s. 119.15 and shall stand repealed on October 2, 2021,
  614  unless reviewed and saved from repeal through reenactment by the
  615  Legislature.
  616         Section 19. Section 601.76, Florida Statutes, is amended to
  617  read:
  618         601.76 Manufacturer to furnish formula and other
  619  information.—Any formula required to be filed with the
  620  Department of Agriculture shall be deemed a trade secret as
  621  defined in s. 812.081, is confidential and exempt from s.
  622  119.07(1) and s. 24(a), Art. I of the State Constitution, and
  623  may shall only be divulged only to the Department of Agriculture
  624  or to its duly authorized representatives or upon court order
  625  orders of a court of competent jurisdiction when necessary in
  626  the enforcement of this law. A person who receives such a
  627  formula from the Department of Agriculture under this section
  628  shall maintain the confidentiality of the formula. This section
  629  is subject to the Open Government Sunset Review Act in
  630  accordance with s. 119.15 and shall stand repealed on October 2,
  631  2021, unless reviewed and saved from repeal through reenactment
  632  by the Legislature.
  633         Section 20. Subsections (3) and (6) of section 815.04,
  634  Florida Statutes, are amended to read:
  635         815.04 Offenses against intellectual property; public
  636  records exemption.—
  637         (3) Data, programs, or supporting documentation that is a
  638  trade secret as defined in s. 812.081, that is held by an agency
  639  as defined in chapter 119, and that resides or exists internal
  640  or external to a computer, computer system, computer network, or
  641  electronic device is confidential and exempt from the provisions
  642  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
  643  This subsection is subject to the Open Government Sunset Review
  644  Act in accordance with s. 119.15 and shall stand repealed on
  645  October 2, 2021, unless reviewed and saved from repeal through
  646  reenactment by the Legislature.
  647         (6) Subsections (3) and (4) are subject to the Open
  648  Government Sunset Review Act in accordance with s. 119.15, and
  649  shall stand repealed on October 2, 2019, unless reviewed and
  650  saved from repeal through reenactment by the Legislature.
  651         Section 21. The Legislature finds that it is a public
  652  necessity that financial information comprising a trade secret
  653  as defined in s. 812.081, Florida Statutes, be made exempt or
  654  confidential and exempt from s. 119.07(1), Florida Statutes, and
  655  s. 24(a), Article I of the State Constitution. The Legislature
  656  also finds that it is a public necessity that any portion of a
  657  meeting in which a trade secret as defined in s. 812.081,
  658  Florida Statutes, is discussed be made exempt from s. 286.011,
  659  Florida Statutes, and s. 24(b), Article I of the State
  660  Constitution. The Legislature recognizes that, in many
  661  instances, businesses are required to provide financial
  662  information for regulatory or other purposes to public entities
  663  and that disclosure of such information to competitors of those
  664  businesses would be detrimental to the businesses. The
  665  Legislature’s intent is to protect trade secret information of a
  666  confidential nature which includes, but is not limited to, a
  667  formula, a pattern, a device, a combination of devices, or a
  668  compilation of information used to protect or further a business
  669  advantage over those who do not know or use the information, the
  670  disclosure of which would injure the affected business in the
  671  marketplace. Therefore, the Legislature finds that the need to
  672  protect trade secret financial information is sufficiently
  673  compelling to override this state’s public policy of open
  674  government and that the protection of such information cannot be
  675  accomplished without these exemptions.
  676         Section 22. This act shall take effect on the same date
  677  that SB 180 or similar legislation relating to trade secrets
  678  takes effect, if such legislation is adopted in the same
  679  legislative session or an extension thereof and becomes a law.