The Florida Senate

¹442.112  Referral to and action by secretary when request for information denied; orders by secretary; review.--

(1)  The health professional whose request for information under s. 442.111(3) is denied may refer the request and the written denial of the request to the secretary for consideration. When a health professional refers the denial to the secretary under this subsection, the secretary shall consider the evidence to determine if:

(a)  The chemical manufacturer or employer has supported the claim that the specific chemical identity is a trade secret;

(b)  The health professional has supported the claim that there is a medical or occupational health need for the information; and

(c)  The health professional has demonstrated adequate means to protect the confidentiality.

(2)(a)  If the secretary determines that the specific chemical identity requested under s. 442.111(3) is not a bona fide trade secret, or that it is a trade secret but the requesting health professional has a legitimate medical or occupational health need for the information, has executed a written confidentiality agreement, and has shown adequate means to protect the confidentiality of the information, the chemical manufacturer or employer will be subject to an order by the secretary to show cause why such chemical manufacturer or employer should not be held in violation of this act.

(b)  If a chemical manufacturer or employer demonstrates to the secretary that the execution of a confidentiality agreement would not provide sufficient protection against the potential harm from the unauthorized disclosure of the specific chemical identity of the trade secret, the secretary may issue such orders or impose such additional limitations or conditions upon the disclosure of the requested chemical information as may be appropriate to assure that the occupational health services are provided without an undue risk of harm to the chemical manufacturer or employer.

(c)  If, following the issuance of an order to show cause and any protective orders, the chemical manufacturer or employer continues to withhold the information, a hearing on the order to show cause shall be held pursuant to chapter 120. All final agency action shall be subject to full judicial review pursuant to the Florida Rules of Appellate Procedure. The filing of a timely appeal under this section acts as an automatic stay of the obligation of the chemical manufacturer or employer to supply withheld information.

(3)  Notwithstanding the existence of a trade secret claim, a chemical manufacturer or employer shall, upon request, disclose to the secretary any information which s. 442.111 requires the chemical manufacturer or employer to make available.

History.--s. 9, ch. 84-223; s. 9, ch. 91-269; s. 291, ch. 96-406; s. 14, ch. 99-240.

¹Note.--Repealed July 1, 2000, by s. 14, ch. 99-240.