Florida Senate - 2020                                    SB 1532
       
       
        
       By Senator Baxley
       
       
       
       
       
       12-01380-20                                           20201532__
    1                        A bill to be entitled                      
    2         An act relating to public records; creating s. 688.01,
    3         F.S.; defining terms; providing an exemption from
    4         public record requirements for a trade secret held by
    5         an agency; providing notice requirements; providing an
    6         exception to the exemption; providing liability;
    7         providing applicability; providing for future
    8         legislative review and repeal of the exemption;
    9         amending ss. 688.001 and 688.006, F.S.; conforming
   10         cross-references; providing a statement of public
   11         necessity; providing a contingent effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 688.01, Florida Statutes, is created to
   16  read:
   17         688.01Trade secret exemption from inspecting or copying
   18  public records.—
   19         (1)DEFINITIONS.—As used in this section, the term:
   20         (a)“Agency” has the same meaning as in s. 119.011.
   21         (b)“Trade secret” has the same meaning as in s. 688.002,
   22  except that the term does not include the following information
   23  related to any contract or agreement, or an addendum thereto,
   24  with an agency:
   25         1.The parties to the contract or agreement, or an addendum
   26  thereto.
   27         2.The amount of money paid, any payment structure or plan,
   28  or any expenditures, incentives, bonuses, fees, or penalties.
   29         3.The nature or type of commodities or services purchased.
   30         4.Applicable contract unit prices and deliverables.
   31         (2)PUBLIC RECORD EXEMPTION.—A trade secret held by an
   32  agency is confidential and exempt from s. 119.07(1) and s.
   33  24(a), Art. I of the State Constitution.
   34         (3)SUBMISSION OF TRADE SECRET TO AN AGENCY.—
   35         (a)If a person who submits records to an agency claims
   36  that such submission contains a trade secret, such person shall
   37  submit to the agency a notice of trade secret when such records
   38  are submitted to the agency. Failure to submit such notice
   39  constitutes a waiver of any claim by such person that the record
   40  contains a trade secret. The notice must provide the name,
   41  telephone number, and mailing address of the person claiming the
   42  record contains a trade secret. Such person is responsible for
   43  updating his or her contact information with the agency.
   44         (b)Each page of a record or specific portion of a record
   45  that contains a trade secret must be clearly marked with the
   46  words “trade secret.”
   47         (c)In submitting a notice of trade secret to the agency,
   48  the submitting party shall verify to the agency through a
   49  written declaration in the manner provided in s. 92.525 the
   50  following:
   51  
   52         ...I have/my company has... read the definition of a trade
   53  secret in s. 688.01, Florida Statutes, and ...I believe/my
   54  company believes... the information contained in this record is
   55  a trade secret as defined in s. 688.01, Florida Statutes.
   56         ...I have/my company has... taken measures to prevent the
   57  disclosure of the record or a specific portion of a record
   58  claimed to be a trade secret to anyone other than those who have
   59  been selected to have access for limited purposes, and ...I
   60  intend/my company intends... to continue to take such measures.
   61         The record or specific portion of a record claimed to be a
   62  trade secret is not, and has not been, reasonably obtainable
   63  without ...my/our... consent by other persons by use of
   64  legitimate means.
   65         The record or specific portion of a record claimed to be a
   66  trade secret is not publicly available elsewhere.
   67  
   68         (4)AGENCY ACCESS.—An agency may disclose a trade secret,
   69  together with the notice of trade secret, to an officer or
   70  employee of another agency or governmental entity whose use of
   71  the trade secret is within the scope of his or her lawful duties
   72  and responsibilities.
   73         (5)LIABILITY.—An agency employee who, while acting in good
   74  faith and in the performance of his or her duties, releases a
   75  record containing a trade secret pursuant to this act is not
   76  liable, civilly or criminally, for such release.
   77         (6)APPLICABILITY.—This section does not apply to research
   78  institutes created or established in law, divisions of sponsored
   79  research at state universities, or technology transfer centers
   80  at Florida College System institutions.
   81         (7)OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
   82  to the Open Government Sunset Review Act in accordance with s.
   83  119.15 and shall stand repealed on October 2, 2025, unless
   84  reviewed and saved from repeal through reenactment by the
   85  Legislature.
   86         Section 2. Section 688.001, Florida Statutes, is amended to
   87  read:
   88         688.001 Short title.—Sections 688.001-688.01 Sections
   89  688.001-688.009 may be cited as the “Uniform Trade Secrets Act.”
   90         Section 3. Section 688.006, Florida Statutes, is amended to
   91  read:
   92         688.006 Preservation of secrecy.—In an action under ss.
   93  688.001-688.01 ss. 688.001-688.009, a court shall preserve the
   94  secrecy of an alleged trade secret by reasonable means, which
   95  may include granting protective orders in connection with
   96  discovery proceedings, holding in camera hearings, sealing the
   97  records of the action, and ordering any person involved in the
   98  litigation not to disclose an alleged trade secret without prior
   99  court approval.
  100         Section 4. The Legislature finds that it is a public
  101  necessity that trade secrets held by an agency be made
  102  confidential and exempt from s. 119.07(1), Florida Statutes, and
  103  s. 24(a), Article I of the State Constitution. The Legislature
  104  recognizes that an agency may create trade secret information in
  105  furtherance of the agency’s duties and responsibilities and that
  106  disclosure of such information would be detrimental to the
  107  effective and efficient operation of the agency. If such trade
  108  secret information were made available to the public, the agency
  109  could suffer great economic harm. In addition, the Legislature
  110  recognizes that in many instances, individuals and businesses
  111  provide trade secret information for regulatory or other
  112  purposes to an agency and that disclosure of such information to
  113  competitors of those businesses would be detrimental to the
  114  businesses. Without the public record exemption, those entities
  115  would hesitate to cooperate with an agency, which would impair
  116  the effective and efficient administration of governmental
  117  functions. As such, the Legislature’s intent is to protect trade
  118  secret information of a confidential nature that includes a
  119  formula, pattern, compilation, program, device, method,
  120  technique, or process used that derives independent economic
  121  value, actual or potential, from not being generally known to,
  122  and not being readily ascertainable by proper means by, other
  123  persons who can obtain economic value from its disclosure or
  124  use. Therefore, the Legislature finds that the need to protect
  125  trade secrets is sufficiently compelling to override this
  126  state’s public policy of open government and that the protection
  127  of such information cannot be accomplished without this
  128  exemption.
  129         Section 5. This act shall take effect on the same date that
  130  SB ___ or similar legislation takes effect, if such legislation
  131  is adopted in the same legislative session or an extension
  132  thereof and becomes a law.