Florida Senate - 2026 SB 7026
By the Committee on Governmental Oversight and Accountability
585-02051-26 20267026__
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 119.0715, F.S., which
4 provides an exemption from public records requirements
5 for a trade secret held by an agency; deleting the
6 scheduled repeal of the exemption; amending ss.
7 287.137, 288.075, 334.049, 408.185, 409.91196,
8 440.108, 497.172, 501.171, 501.1735, 501.2041,
9 501.722, 520.9965, 548.062, 559.5558, 569.215,
10 627.0628, and 1004.4472, F.S.; conforming provisions
11 to changes made by the act; providing an effective
12 date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 119.0715, Florida Statutes, is amended
17 to read:
18 119.0715 Trade secrets held by an agency.—
19 (1) DEFINITION.—“Trade secret” has the same meaning as in
20 s. 688.002.
21 (2) PUBLIC RECORD EXEMPTION.—A trade secret held by an
22 agency is confidential and exempt from s. 119.07(1) and s.
23 24(a), Art. I of the State Constitution.
24 (3) AGENCY ACCESS.—An agency may disclose a trade secret to
25 an officer or employee of another agency or governmental entity
26 whose use of the trade secret is within the scope of his or her
27 lawful duties and responsibilities.
28 (4) LIABILITY.—An agency employee who, while acting in good
29 faith and in the performance of his or her duties, releases a
30 record containing a trade secret pursuant to this chapter is not
31 liable, civilly or criminally, for such release.
32 (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject
33 to the Open Government Sunset Review Act in accordance with s.
34 119.15 and shall stand repealed on October 2, 2026, unless
35 reviewed and saved from repeal through reenactment by the
36 Legislature.
37 Section 2. Paragraph (d) of subsection (8) of section
38 287.137, Florida Statutes, is amended to read:
39 287.137 Antitrust violations; denial or revocation of the
40 right to transact business with public entities; denial of
41 economic benefits.—
42 (8)
43 (d) For purposes of this subsection, the term “proprietary
44 business information” means information that:
45 1. Is owned or controlled by the business;
46 2. Is intended to be private and is treated by the business
47 as private because disclosure would harm the business or its
48 business operations;
49 3. Has not been disclosed except as required by law or a
50 private agreement that provides that the information will not be
51 released to the public;
52 4. Is not publicly available or otherwise readily
53 ascertainable through proper means from another source in the
54 same configuration as received by the Attorney General; and
55 5. Includes:
56 a. Trade secrets as defined in s. 688.002.
57 b. competitive interests, the disclosure of which would
58 impair the competitive advantage of the business that is the
59 subject of the information.
60 Section 3. Paragraph (c) of subsection (1) and subsection
61 (3) of section 288.075, Florida Statutes, are amended to read:
62 288.075 Confidentiality of records.—
63 (1) DEFINITIONS.—As used in this section, the term:
64 (c) “Trade secret” has the same meaning as in s. 688.002.
65 (3) TRADE SECRETS.—Trade secrets held by an economic
66 development agency are confidential and exempt from s. 119.07(1)
67 and s. 24(a), Art. I of the State Constitution.
68 Section 4. Section 334.049, Florida Statutes, is amended to
69 read:
70 334.049 Patents, copyrights, trademarks; notice to
71 Department of State; confidentiality of trade secrets.—
72 (1) Notwithstanding any other provision of law to the
73 contrary, the Department of Transportation is authorized, in its
74 own name, to:
75 (a) Perform all things necessary to secure letters of
76 patent, copyrights, and trademarks on any legitimately acquired
77 work products, and to enforce its rights therein.
78 (b) License, lease, assign, or otherwise give written
79 consent to any person, firm, or corporation for the manufacture
80 or use of any product protected by patent, copyright, or
81 trademark, whether on a royalty basis or for such other
82 consideration as the department may deem proper.
83 (c) Take any action necessary, including legal action, to
84 enforce its rights under any agreement and to protect its
85 property rights from improper or unlawful use or infringement.
86 (d) Enforce the collection of any payments or other
87 obligations due the department for the manufacture or use of any
88 product by any other party.
89 (e) Sell any product, except where otherwise provided by
90 public records laws, which the department may create or cause to
91 be created, whether or not the product is protected by a
92 department patent, copyright, or trademark, and to execute all
93 instruments necessary to consummate any such sale.
94 (f) Do all other acts necessary and proper for the
95 execution of powers and duties herein conferred upon the
96 department.
97 (2) The department shall notify the Department of State in
98 writing whenever property rights by patent, copyright, or
99 trademark are secured or exploited by the department.
100 (3) Any proceeds from the sale of products or the right to
101 manufacture or use a product must shall be deposited in the
102 State Transportation Trust Fund and may be appropriated to
103 finance activities of the department. The department’s
104 legislative budget request should give special consideration to
105 using such funds for research and development projects.
106 (4) Any information obtained by the department as a result
107 of research and development projects and revealing a method of
108 process, production, or manufacture which is a trade secret as
109 defined in s. 688.002, is confidential and exempt from the
110 provisions of s. 119.07(1).
111 (5) As used in this section the term “product” includes any
112 and all inventions, methodologies, techniques, and creations
113 that may be properly protected by patent, copyright, or
114 trademark.
115 Section 5. Subsection (1) of section 408.185, Florida
116 Statutes, is amended to read:
117 408.185 Information submitted for review of antitrust
118 issues; confidentiality.—The following information held by the
119 Office of the Attorney General, which is submitted by a member
120 of the health care community pursuant to a request for an
121 antitrust no-action letter shall be confidential and exempt from
122 the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
123 Constitution for 1 year after the date of submission.
124 (1) Documents that reveal trade secrets as defined in s.
125 688.002.
126 Section 6. Section 409.91196, Florida Statutes, is amended
127 to read:
128 409.91196 Supplemental rebate agreements; public records
129 and public meetings exemption.—
130 (1) The rebate amount, percent of rebate, manufacturer’s
131 pricing, and supplemental rebate information, and other trade
132 secrets as defined in s. 688.002 that the agency has identified
133 for use in negotiations, held by the Agency for Health Care
134 Administration under s. 409.912(5)(a)7. are confidential and
135 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
136 Constitution.
137 (2) That portion of a meeting of the Medicaid
138 Pharmaceutical and Therapeutics Committee at which the rebate
139 amount, percent of rebate, manufacturer’s pricing, or
140 supplemental rebate information, or other trade secrets as
141 defined in s. 688.002 that the agency has identified for use in
142 negotiations, are discussed is exempt from s. 286.011 and s.
143 24(b), Art. I of the State Constitution. A record shall be made
144 of each exempt portion of a meeting. Such record must include
145 the times of commencement and termination, all discussions and
146 proceedings, the names of all persons present at any time, and
147 the names of all persons speaking. No exempt portion of a
148 meeting may be held off the record.
149 Section 7. Subsection (2) of section 440.108, Florida
150 Statutes, is amended to read:
151 440.108 Investigatory records relating to workers’
152 compensation employer compliance; confidentiality.—
153 (2) After an investigation is completed or ceases to be
154 active, information in records relating to the investigation
155 remains confidential and exempt from the provisions of s.
156 119.07(1) and s. 24(a), Art. I of the State Constitution if
157 disclosure of that information would:
158 (a) Jeopardize the integrity of another active
159 investigation;
160 (b) Reveal a trade secret, as defined in s. 688.002;
161 (c) Reveal business or personal financial information;
162 (c)(d) Reveal personal identifying information regarding
163 the identity of a confidential source;
164 (d)(e) Defame or cause unwarranted damage to the good name
165 or reputation of an individual or jeopardize the safety of an
166 individual; or
167 (e)(f) Reveal investigative techniques or procedures.
168 Section 8. Subsection (4) of section 497.172, Florida
169 Statutes, is amended to read:
170 497.172 Public records exemptions; public meetings
171 exemptions.—
172 (4) TRADE SECRETS.—Trade secrets, as defined in s. 688.002,
173 held by the department or board, are confidential and exempt
174 from s. 119.07(1) and s. 24(a), Art. I of the State
175 Constitution.
176 Section 9. Paragraph (d) of subsection (11) of section
177 501.171, Florida Statutes, is amended to read:
178 501.171 Security of confidential personal information.—
179 (11) PUBLIC RECORDS EXEMPTION.—
180 (d) For purposes of this subsection, the term “proprietary
181 information” means information that:
182 1. Is owned or controlled by the covered entity.
183 2. Is intended to be private and is treated by the covered
184 entity as private because disclosure would harm the covered
185 entity or its business operations.
186 3. Has not been disclosed except as required by law or a
187 private agreement that provides that the information will not be
188 released to the public.
189 4. Is not publicly available or otherwise readily
190 ascertainable through proper means from another source in the
191 same configuration as received by the department.
192 5. Includes:
193 a. Trade secrets as defined in s. 688.002.
194 b. competitive interests, the disclosure of which would
195 impair the competitive business of the covered entity who is the
196 subject of the information.
197 Section 10. Paragraph (d) of subsection (6) of section
198 501.1735, Florida Statutes, is amended to read:
199 501.1735 Protection of children in online spaces; public
200 records exemption.—
201 (6) PUBLIC RECORDS EXEMPTION.—
202 (d) For purposes of this section, the term “proprietary
203 information” means information that:
204 1. Is owned or controlled by the online platform.
205 2. Is intended to be private and is treated by the online
206 platform as private because disclosure would harm the online
207 platform or its business operations.
208 3. Has not been disclosed except as required by law or a
209 private agreement that provides that the information will not be
210 released to the public.
211 4. Is not publicly available or otherwise readily
212 ascertainable through proper means from another source in the
213 same configuration as received by the department.
214 5. Includes:
215 a. Trade secrets as defined in s. 688.002.
216 b. competitive interests, the disclosure of which would
217 impair the competitive advantage of the online platform who is
218 the subject of the information.
219 Section 11. Paragraph (d) of subsection (10) of section
220 501.2041, Florida Statutes, is amended to read:
221 501.2041 Unlawful acts and practices by social media
222 platforms.—
223 (10)
224 (d) For purposes of this subsection, the term “proprietary
225 business information” means information that:
226 1. Is owned or controlled by the business;
227 2. Is intended to be private and is treated by the business
228 as private because disclosure would harm the business or its
229 business operations;
230 3. Has not been disclosed except as required by law or a
231 private agreement that provides that the information will not be
232 released to the public;
233 4. Is not publicly available or otherwise readily
234 ascertainable through proper means from another source in the
235 same configuration as received by the department; and
236 5. Includes:
237 a. Trade secrets as defined in s. 688.002.
238 b. competitive interests, the disclosure of which would
239 impair the competitive advantage of the business that is the
240 subject of the information.
241 Section 12. Paragraph (e) of subsection (4) of section
242 501.722, Florida Statutes, is amended to read:
243 501.722 Public records exemption.—
244 (4) For purposes of this section, the term “proprietary
245 information” means information that:
246 (e) Includes:
247 1. Trade secrets as defined in s. 688.002.
248 2. competitive interests, the disclosure of which would
249 impair the competitive advantage of the controller, processor,
250 or third party who is the subject of the information.
251 Section 13. Paragraph (b) of subsection (1) of section
252 520.9965, Florida Statutes, is amended to read:
253 520.9965 Confidentiality of information relating to
254 investigations and examinations.—
255 (1)
256 (b) Except as necessary for the office to enforce the
257 provisions of this chapter, a consumer complaint and other
258 information relative to an investigation or examination shall
259 remain confidential and exempt from s. 119.07(1) after the
260 investigation or examination is completed or ceases to be active
261 to the extent disclosure would:
262 1. Jeopardize the integrity of another active investigation
263 or examination.
264 2. Reveal the name, address, telephone number, social
265 security number, or any other identifying number or information
266 of any complainant, customer, or account holder.
267 3. Disclose the identity of a confidential source.
268 4. Disclose investigative techniques or procedures.
269 5. Reveal a trade secret as defined in s. 688.002.
270 Section 14. Paragraph (e) of subsection (1) of section
271 548.062, Florida Statutes, is amended to read:
272 548.062 Public records exemption.—
273 (1) As used in this section, the term “proprietary
274 confidential business information” means information that:
275 (e) Concerns any of the following:
276 1. The number of ticket sales for a match;
277 2. The amount of gross receipts after a match;
278 3. A trade secret, as defined in s. 688.002;
279 4. Business plans;
280 4.5. Internal auditing controls and reports of internal
281 auditors; or
282 5.6. Reports of external auditors.
283 Section 15. Paragraph (b) of subsection (2) of section
284 559.5558, Florida Statutes, is amended to read:
285 559.5558 Public records exemption; investigations and
286 examinations.—
287 (2)
288 (b) Information made confidential and exempt pursuant to
289 this section is no longer confidential and exempt once the
290 investigation or examination is completed or ceases to be active
291 unless disclosure of the information would:
292 1. Jeopardize the integrity of another active investigation
293 or examination.
294 2. Reveal the personal identifying information of a
295 consumer, unless the consumer is also the complainant. A
296 complainant’s personal identifying information is subject to
297 disclosure after the investigation or examination is completed
298 or ceases to be active. However, a complainant’s personal
299 financial and health information remains confidential and
300 exempt.
301 3. Reveal the identity of a confidential source.
302 4. Reveal investigative or examination techniques or
303 procedures.
304 5. Reveal trade secrets, as defined in s. 688.002.
305 Section 16. Paragraph (a) of subsection (2) of section
306 569.215, Florida Statutes, is amended to read:
307 569.215 Confidential records relating to tobacco settlement
308 agreement.—
309 (2) As used in this section, the term “proprietary
310 confidential business information” means information, regardless
311 of form or characteristics, which is owned or controlled by a
312 tobacco company that is a signatory to the settlement agreement,
313 as amended, in the case of State of Florida v. American Tobacco
314 Company, No. 95-1466AH, in the Circuit Court of the Fifteenth
315 Judicial Circuit, in and for Palm Beach County, is intended to
316 be and is treated by a tobacco company as private in that the
317 disclosure of the information would cause harm to the company’s
318 business operations, and has not been disclosed unless disclosed
319 pursuant to a statutory provision, an order of a court or
320 administrative body, or private agreement that provides that the
321 information will not be released to the public. The term
322 includes, but is not limited to:
323 (a) Trade secrets as defined in s. 688.002.
324 Section 17. Section 627.0628, Florida Statutes, is amended
325 to read:
326 627.0628 Florida Commission on Hurricane Loss Projection
327 Methodology; public records exemption; public meetings
328 exemption.—
329 (1) LEGISLATIVE FINDINGS AND INTENT.—
330 (a) Reliable projections of hurricane losses are necessary
331 in order to assure that rates for residential property insurance
332 meet the statutory requirement that rates be neither excessive
333 nor inadequate. The ability to accurately project hurricane
334 losses has been enhanced greatly in recent years through the use
335 of computer modeling. It is the public policy of this state to
336 encourage the use of the most sophisticated actuarial methods to
337 assure that consumers are charged lawful rates for residential
338 property insurance coverage.
339 (b) The Legislature recognizes the need for expert
340 evaluation of computer models and other recently developed or
341 improved actuarial methodologies for projecting hurricane
342 losses, in order to resolve conflicts among actuarial
343 professionals, and in order to provide both immediate and
344 continuing improvement in the sophistication of actuarial
345 methods used to set rates charged to consumers.
346 (c) It is the intent of the Legislature to create the
347 Florida Commission on Hurricane Loss Projection Methodology as a
348 panel of experts to provide the most actuarially sophisticated
349 guidelines and standards for projection of hurricane losses
350 possible, given the current state of actuarial science. It is
351 the further intent of the Legislature that such standards and
352 guidelines must be used by the State Board of Administration in
353 developing reimbursement premium rates for the Florida Hurricane
354 Catastrophe Fund, and, subject to paragraph (3)(d), must be used
355 by insurers in rate filings under s. 627.062 unless the way in
356 which such standards and guidelines were applied by the insurer
357 was erroneous, as shown by a preponderance of the evidence.
358 (d) It is the intent of the Legislature that such standards
359 and guidelines be employed as soon as possible, and that they be
360 subject to continuing review thereafter.
361 (e) The Legislature finds that the authority to take final
362 agency action with respect to insurance ratemaking is vested in
363 the Office of Insurance Regulation and the Financial Services
364 Commission, and that the processes, standards, and guidelines of
365 the Florida Commission on Hurricane Loss Projection Methodology
366 do not constitute final agency action or statements of general
367 applicability that implement, interpret, or prescribe law or
368 policy; accordingly, chapter 120 does not apply to the
369 processes, standards, and guidelines of the Florida Commission
370 on Hurricane Loss Projection Methodology.
371 (2) COMMISSION CREATED.—
372 (a) There is created the Florida Commission on Hurricane
373 Loss Projection Methodology, which is assigned to the State
374 Board of Administration. For the purposes of this section, the
375 term “commission” means the Florida Commission on Hurricane Loss
376 Projection Methodology. The commission shall be administratively
377 housed within the State Board of Administration, but it shall
378 independently exercise the powers and duties specified in this
379 section.
380 (b) The commission shall be composed consist of the
381 following 12 members:
382 1. The insurance consumer advocate.
383 2. The senior employee of the State Board of Administration
384 responsible for operations of the Florida Hurricane Catastrophe
385 Fund.
386 3. The Executive Director of the Citizens Property
387 Insurance Corporation or the executive director’s designee. The
388 executive director’s designee must be a full-time employee of
389 the corporation and have actuarial science experience.
390 4. The Director of the Division of Emergency Management or
391 the director’s designee. The director’s designee must be a full
392 time employee of the division.
393 5. The actuary member of the Florida Hurricane Catastrophe
394 Fund Advisory Council.
395 6. An employee of the office who is an actuary responsible
396 for property insurance rate filings and who is appointed by the
397 director of the office.
398 7. Five members appointed by the Chief Financial Officer,
399 as follows:
400 a. An actuary who is employed full time by a property and
401 casualty insurer that was responsible for at least 1 percent of
402 the aggregate statewide direct written premium for homeowner
403 insurance in the calendar year preceding the member’s
404 appointment to the commission.
405 b. An expert in insurance finance who is a full-time member
406 of the faculty of the State University System and who has a
407 background in actuarial science.
408 c. An expert in statistics who is a full-time member of the
409 faculty of the State University System and who has a background
410 in insurance.
411 d. An expert in computer system design who is a full-time
412 member of the faculty of the State University System.
413 e. An expert in meteorology who is a full-time member of
414 the faculty of the State University System and who specializes
415 in hurricanes.
416 8. A licensed professional structural engineer who is a
417 full-time faculty member in the State University System and who
418 has expertise in wind mitigation techniques. This appointment
419 shall be made by the Governor.
420 (c) Members designated under subparagraphs (b)1.-5. shall
421 serve on the commission as long as they maintain the respective
422 offices designated in subparagraphs (b)1.-5. The member
423 appointed by the director of the office under subparagraph (b)6.
424 shall serve on the commission until the end of the term of
425 office of the director who appointed him or her, unless removed
426 earlier by the director for cause. Members appointed by the
427 Chief Financial Officer under subparagraph (b)7. shall serve on
428 the commission until the end of the term of office of the Chief
429 Financial Officer who appointed them, unless earlier removed by
430 the Chief Financial Officer for cause. Vacancies on the
431 commission shall be filled in the same manner as the original
432 appointment.
433 (d) The State Board of Administration shall annually
434 appoint one of the members of the commission to serve as chair.
435 (e) Members of the commission shall serve without
436 compensation, but shall be reimbursed for per diem and travel
437 expenses pursuant to s. 112.061.
438 (f) The State Board of Administration shall, as a cost of
439 administration of the Florida Hurricane Catastrophe Fund,
440 provide for travel, expenses, and staff support for the
441 commission.
442 (g) There shall be no liability on the part of, and no
443 cause of action of any nature shall arise against, any member of
444 the commission, any member of the State Board of Administration,
445 or any employee of the State Board of Administration for any
446 action taken in the performance of their duties under this
447 section. In addition, the commission may, in writing, waive any
448 potential cause of action for negligence of a consultant,
449 contractor, or contract employee engaged to assist the
450 commission.
451 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
452 (a) The commission shall consider any actuarial methods,
453 principles, standards, models, or output ranges that have the
454 potential for improving the accuracy of or reliability of the
455 hurricane loss projections used in residential property
456 insurance rate filings and flood loss projections used in rate
457 filings for personal lines residential flood insurance coverage.
458 The commission shall, from time to time, adopt findings as to
459 the accuracy or reliability of particular methods, principles,
460 standards, models, or output ranges.
461 (b) The commission shall consider any actuarial methods,
462 principles, standards, or models that have the potential for
463 improving the accuracy of or reliability of projecting probable
464 maximum loss levels. The commission shall adopt findings as to
465 the accuracy or reliability of particular methods, principles,
466 standards, or models related to probable maximum loss
467 calculations.
468 (c) In establishing reimbursement premiums for the Florida
469 Hurricane Catastrophe Fund, the State Board of Administration
470 must, to the extent feasible, employ actuarial methods,
471 principles, standards, models, or output ranges found by the
472 commission to be accurate or reliable.
473 (d) With respect to a rate filing under s. 627.062, an
474 insurer shall employ and may not modify or adjust actuarial
475 methods, principles, standards, models, or output ranges found
476 by the commission to be accurate or reliable in determining
477 hurricane loss factors and probable maximum loss levels for use
478 in a rate filing under s. 627.062. An insurer may employ a model
479 in a rate filing until 120 days after the expiration of the
480 commission’s acceptance of that model and may not modify or
481 adjust models found by the commission to be accurate or reliable
482 in determining probable maximum loss levels. This paragraph does
483 not prohibit an insurer from using a straight average of model
484 results or output ranges for the purposes of a rate filing for
485 personal lines residential flood insurance coverage under s.
486 627.062.
487 (e) The commission shall adopt actuarial methods,
488 principles, standards, models, or output ranges for personal
489 lines residential flood loss no later than July 1, 2017.
490 (f) The commission shall revise previously adopted
491 actuarial methods, principles, standards, models, or output
492 ranges every odd-numbered year for hurricane loss projections.
493 The commission shall revise previously adopted actuarial
494 methods, principles, standards, models, or output ranges no less
495 than every 4 years for flood loss projections.
496 (g)1. A trade secret, as defined in s. 688.002, which is
497 used in designing and constructing a hurricane or flood loss
498 model and which is provided pursuant to this section, by a
499 private company, to the commission, office, or consumer advocate
500 appointed pursuant to s. 627.0613 is confidential and exempt
501 from s. 119.07(1) and s. 24(a), Art. I of the State
502 Constitution.
503 2.a. That portion of a meeting of the commission or of a
504 rate proceeding on an insurer’s rate filing at which a trade
505 secret as defined in s. 688.002, which is used in designing and
506 constructing a hurricane or flood loss model and which is
507 provided pursuant to this section by a private company to the
508 commission, office, or consumer advocate appointed pursuant to
509 s. 627.0613, made confidential and exempt by this paragraph is
510 discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
511 State Constitution. The closed meeting must be recorded, and no
512 portion of the closed meeting may be off the record.
513 2.b. The recording of a closed portion of a meeting is
514 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
515 Constitution.
516 Section 18. Paragraph (a) of subsection (2) and subsection
517 (4) of section 1004.4472, Florida Statutes, are amended to read:
518 1004.4472 Florida Institute for Human and Machine
519 Cognition, Inc.; public records exemption; public meetings
520 exemption.—
521 (2) The following information held by the corporation or
522 its subsidiary is confidential and exempt from s. 119.07(1) and
523 s. 24(a), Art. I of the State Constitution:
524 (a) Material relating to methods of manufacture or
525 production, potential trade secrets, patentable material, actual
526 trade secrets as defined in s. 688.002 or proprietary
527 information received, generated, ascertained, or discovered
528 during the course of research conducted by or through the
529 corporation or a subsidiary, and business transactions resulting
530 from such research.
531 (4) That portion of a meeting of the corporation or a
532 subsidiary at which information is presented or discussed which
533 is confidential and exempt pursuant to subsection (2) or s.
534 119.0715 is exempt from s. 286.011 and s. 24(b), Art. I of the
535 State Constitution.
536 Section 19. This act shall take effect upon becoming a law.