Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for HB 1055 Ì418456@Î418456 LEGISLATIVE ACTION Senate . House Comm: FAV . 04/21/2021 . . Floor: 1/AD/2R . Floor: C 04/28/2021 10:56 AM . 04/28/2021 08:47 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Baxley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 119.0715, Florida Statutes, is created 6 to read: 7 119.0715 Trade secrets held by an agency.— 8 (1) “Trade secret" has the same meaning as in s. 688.002. 9 (2) PUBLIC RECORD EXEMPTION.—A trade secret held by an 10 agency is confidential and exempt from s. 119.07(1) and s. 11 24(a), Art. I of the State Constitution. 12 (3) AGENCY ACCESS.—An agency may disclose a trade secret to 13 an officer or employee of another agency or governmental entity 14 whose use of the trade secret is within the scope of his or her 15 lawful duties and responsibilities. 16 (4) LIABILITY.—An agency employee who, while acting in good 17 faith and in the performance of his or her duties, releases a 18 record containing a trade secret pursuant to this chapter is not 19 liable, civilly or criminally, for such release. 20 (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject 21 to the Open Government Sunset Review Act in accordance with s. 22 119.15 and shall stand repealed on October 2, 2026, unless 23 reviewed and saved from repeal through reenactment by the 24 Legislature. 25 Section 2. The Legislature finds that it is a public 26 necessity that trade secrets held by an agency be made 27 confidential and exempt from s. 119.07(1), Florida Statutes, and 28 s. 24(a), Article I of the State Constitution. The Legislature 29 recognizes that an agency may create trade secret information in 30 furtherance of the agency's duties and responsibilities and that 31 disclosure of such information would be detrimental to the 32 effective and efficient operation of the agency. If such trade 33 secret information were made available to the public, the agency 34 could suffer great economic harm. In addition, the Legislature 35 recognizes that in many instances, individuals and businesses 36 provide trade secret information for regulatory or other 37 purposes to an agency and that disclosure of such information to 38 competitors of those businesses would be detrimental to the 39 businesses. Without the public record exemption, those entities 40 would hesitate to cooperate with an agency, which would impair 41 the effective and efficient administration of governmental 42 functions. As such, the Legislature's intent is to protect trade 43 secret information of a confidential nature that includes a 44 formula, pattern, compilation, program, device, method, 45 technique, or process used that derives independent economic 46 value, actual or potential, from not being generally known to, 47 and not being readily ascertainable by proper means by, other 48 persons who can obtain economic value from its disclosure or 49 use. Therefore, the Legislature finds that the need to protect 50 trade secrets is sufficiently compelling to override this 51 state's public policy of open government and that the protection 52 of such information cannot be accomplished without this 53 exemption. 54 Section 3. This act shall take effect upon becoming a law. 55 56 57 ================= T I T L E A M E N D M E N T ================ 58 And the title is amended as follows: 59 Delete everything before the enacting clause 60 and insert: 61 A bill to be entitled 62 An act relating to public records; creating s. 63 119.0715, F.S.; providing an exemption from public 64 records requirements for a trade secret held by an 65 agency; providing that an agency employee is not 66 liable for the release of certain records; providing 67 for future legislative review and repeal of the 68 exemption; providing a statement of public necessity; 69 providing an effective date.