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102 with s. 119.15 and shall stand repealed on October 2, 2021,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