Florida Senate - 2021                   (PROPOSED BILL) SPB 7002
       
       
        
       FOR CONSIDERATION By the Committee on Health Policy
       
       
       
       
       
       588-00681-21                                          20217002pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 381.83, F.S., which
    4         provides an exemption from public records requirements
    5         for certain trade secrets contained in records,
    6         reports, or information submitted to the Department of
    7         Health; removing the scheduled repeal of the
    8         exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 381.83, Florida Statutes, is amended to
   13  read:
   14         381.83 Trade secrets; confidentiality.—
   15         (1) Records, reports, or information obtained from any
   16  person under this chapter, unless otherwise provided by law,
   17  must be available to the public, except upon a showing
   18  satisfactory to the department by the person from whom the
   19  records, reports, or information is obtained that such records,
   20  reports, or information, or a particular part thereof, contains
   21  trade secrets as defined in s. 812.081. Such trade secrets are
   22  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   23  of the State Constitution. The person submitting such trade
   24  secret information to the department must request that it be
   25  kept confidential and must inform the department of the basis
   26  for the claim of trade secret. The department shall, subject to
   27  notice and opportunity for hearing, determine whether the
   28  information, or portions thereof, claimed to be a trade secret
   29  is or is not a trade secret. Such trade secrets may be
   30  disclosed, however, to authorized representatives of the
   31  department or, pursuant to request, to other governmental
   32  entities in order for them to properly perform their duties, or
   33  when relevant in any proceeding under this chapter. Authorized
   34  representatives and other governmental entities receiving such
   35  trade secret information shall retain its confidentiality. Those
   36  involved in any proceeding under this chapter, including a
   37  hearing officer or judge or justice, shall retain the
   38  confidentiality of any trade secret information revealed at such
   39  proceeding.
   40         (2) This section is subject to the Open Government Sunset
   41  Review Act in accordance with s. 119.15 and shall stand repealed
   42  on October 2, 2021, unless reviewed and saved from repeal
   43  through reenactment by the Legislature.
   44         Section 2. This act shall take effect October 1, 2021.