THE BILL ITSELF
HB 1179
Pub. Rec. and Meetings/Space Florida
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A bill to be entitled
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An act relating to public records and meetings;
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creating s. 331.3261, F.S.; providing an exemption
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from public records and public meetings requirements
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for Space Florida; providing for future legislative
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review and repeal of the exemption; providing a
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statement of public necessity; providing a contingent
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 331.3261, Florida Statutes, is created
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to read:
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331.3261 Information relating to confidential trade
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secrets.—Any trade secret as defined in s. 812.081(1) held by
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Space Florida, any spaceport user, or any space industry
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business is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution. If Space Florida
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determines that any information requested by the public will
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reveal a trade secret, Space Florida shall inform, in writing,
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the person making the request of that determination. The
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determination is a final order as defined in s. 120.52. Any
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meeting or portion thereof of the board of directors of Space
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Florida during which a confidential and exempt trade secret is
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discussed is exempt from s. 286.011 and s. 24(b), Art. I of the
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State Constitution. Any public record generated during such
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meeting or portion thereof, such as minutes, tape recordings, or
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notes, is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution. This section is subject
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to the Open Government Sunset Review Act in accordance with s.
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119.15 and shall stand repealed on October 2, 2031, unless
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reviewed and saved from repeal through reenactment by the
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Legislature.
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Section 2. The Legislature finds that it is a public
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necessity that any trade secret as defined in s. 812.081(1),
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Florida Statutes, held by Space Florida, any spaceport user, and
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any space industry business be made confidential and exempt from
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s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the
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State Constitution. Trade secrets, including, but not limited
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to, proprietary confidential business information such as secret
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processes, manufacturing and production methods, and potential
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and existing trade secrets embodied in pending patent
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applications, are a valuable asset that enable innovation and
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provide a competitive advantage in the marketplace. Disclosure
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of such trade secrets could injure Space Florida, spaceport
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users, and space industry businesses in the marketplace by
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revealing proprietary confidential business information to
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competitors. The space industry is a key component of this
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state's economy, and the harm that may result from the release
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of such trade secrets significantly outweighs any public benefit
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that may be derived from the disclosure of such information. The
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ability to protect trade secrets is critical to attracting and
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retaining aerospace businesses in this state, which, in turn,
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creates high-wage jobs and economic growth. Furthermore, the
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Legislature finds that it is a public necessity that any meeting
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and portion thereof of the board of directors of Space Florida
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during which a confidential and exempt trade secret is discussed
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be made exempt from s. 286.011, Florida Statutes, and s. 24(b),
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Article I of the State Constitution and any public record
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generated during such meeting and portion thereof, such as
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minutes, tape recordings, and notes, be made confidential and
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exempt under s. 119.07(1), Florida Statutes, and s. 24(a),
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Article I of the State Constitution. Without these exemptions,
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Space Florida, spaceport users, and space industry businesses
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would be placed at a competitive disadvantage with respect to
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the disclosure of valuable trade secrets, thereby harming the
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economic development efforts of this state.
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Section 3. This act shall take effect on the same date
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that HB 1177 or similar legislation takes effect, if such
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legislation is adopted in the same legislative session or an
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extension thereof and becomes a law.