THE BILL ITSELF
HB 7017
OGSR/Trade Secrets
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A bill to be entitled
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An act relating to a review under the Open Government
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Sunset Review Act; amending s. 119.0715, F.S., which
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provides an exemption from public record requirements
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for a trade secret held by an agency; removing the
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scheduled repeal of the exemption; amending ss.
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287.137, 288.075, 334.049, 408.185, 409.91196,
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440.108, 497.172, 501.171, 501.1735, 501.2041,
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501.722, 520.9965, 548.062, 559.5558, 569.215,
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627.0628, and 1004.4472; removing references to trade
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secrets from public records exemptions; providing an
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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. Subsection (5) of section 119.0715, Florida
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Statutes, is amended to read:
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119.0715 Trade secrets held by an agency.—
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(5) OPEN GOVERNMENT SUNSET REVIEW.—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119.15 and shall stand repealed on October 2, 2026, unless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. Paragraph (d) of subsection (8) of section
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287.137, Florida Statutes, is amended to read:
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287.137 Antitrust violations; denial or revocation of the
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right to transact business with public entities; denial of
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economic benefits.—
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(8)
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(d) For purposes of this subsection, the term "proprietary
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business information" means information that:
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1. Is owned or controlled by the business;
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2. Is intended to be private and is treated by the
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business as private because disclosure would harm the business
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or its business operations;
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3. Has not been disclosed except as required by law or a
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private agreement that provides that the information will not be
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released to the public;
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4. Is not publicly available or otherwise readily
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ascertainable through proper means from another source in the
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same configuration as received by the Attorney General; and
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5. Includes:
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a. Trade secrets as defined in s. 688.002.
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b. competitive interests, the disclosure of which would
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impair the competitive advantage of the business that is the
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subject of the information.
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Section 3. Paragraph (c) of subsection (1) and subsection
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(3) of section 288.075, Florida Statutes, are amended to read:
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288.075 Confidentiality of records.—
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(1) DEFINITIONS.—As used in this section, the term:
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(c) "Trade secret" has the same meaning as in s. 688.002.
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(3) TRADE SECRETS.—Trade secrets held by an economic
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development agency are confidential and exempt from s. 119.07(1)
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and s. 24(a), Art. I of the State Constitution. Section 4. Subsection (4) of section 334.049, Florida
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Statutes, is amended to read:
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334.049 Patents, copyrights, trademarks; notice to
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Department of State; confidentiality of trade secrets.—
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(4) Any information obtained by the department as a result
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of research and development projects and revealing a method of
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process, production, or manufacture which is a trade secret as
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defined in s. 688.002, is confidential and exempt from the
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provisions of s. 119.07(1).
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Section 5. Subsection (1) of section 408.185, Florida Statutes, is amended to read:
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408.185 Information submitted for review of antitrust
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issues; confidentiality.—The following information held by the
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Office of the Attorney General, which is submitted by a member
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of the health care community pursuant to a request for an
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antitrust no-action letter shall be confidential and exempt from
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the provisions of s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution for 1 year after the date of submission.
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(1) Documents that reveal trade secrets as defined in s.
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688.002.
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Section 6. Subsection (1) of section 409.91196, Florida
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Statutes, is amended to read:
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409.91196 Supplemental rebate agreements; public records
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and public meetings exemption.—
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(1) The rebate amount, percent of rebate, manufacturer's
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pricing, and supplemental rebate, and other trade secrets as
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defined in s. 688.002 that the agency has identified for use in
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negotiations, held by the Agency for Health Care Administration
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under s. 409.912(5)(a)7. are confidential and exempt from s.
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119.07(1) and s. 24(a), Art. I of the State Constitution.
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Section 7. Paragraph (b) of subsection (2) of section
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440.108, Florida Statutes, is amended to read:
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440.108 Investigatory records relating to workers'
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compensation employer compliance; confidentiality.—
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(2) After an investigation is completed or ceases to be
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active, information in records relating to the investigation
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remains confidential and exempt from the provisions of s.
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119.07(1) and s. 24(a), Art. I of the State Constitution if
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disclosure of that information would:
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(b) Reveal a trade secret, as defined in s. 688.002;
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Section 8. Subsection (4) of section 497.172, Florida
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Statutes, is amended to read:
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497.172 Public records exemptions; public meetings
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exemptions.—
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(4) TRADE SECRETS.—Trade secrets, as defined in s.
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688.002, held by the department or board, are confidential and
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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Section 9. Paragraph (d) of subsection (11) of section
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501.171, Florida Statutes, is amended to read:
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501.171 Security of confidential personal information.—
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(11) PUBLIC RECORDS EXEMPTION.—
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(d) For purposes of this subsection, the term "proprietary
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information" means information that:
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1. Is owned or controlled by the covered entity.
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2. Is intended to be private and is treated by the covered
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entity as private because disclosure would harm the covered
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entity or its business operations.
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3. Has not been disclosed except as required by law or a
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private agreement that provides that the information will not be
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released to the public.
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4. Is not publicly available or otherwise readily
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ascertainable through proper means from another source in the
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same configuration as received by the department.
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5. Includes:
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a. Trade secrets as defined in s. 688.002.
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b. competitive interests, the disclosure of which would
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impair the competitive business of the covered entity who is the
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subject of the information.
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Section 10. Paragraph (d) of subsection (6) of section
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501.1735, Florida Statutes, is amended to read:
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501.1735 Protection of children in online spaces; public
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records exemption.—
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(6) PUBLIC RECORDS EXEMPTION.—
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(d) For purposes of this section, the term "proprietary
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information" means information that:
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1. Is owned or controlled by the online platform.
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2. Is intended to be private and is treated by the online
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platform as private because disclosure would harm the online
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platform or its business operations.
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3. Has not been disclosed except as required by law or a
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private agreement that provides that the information will not be
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released to the public.
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4. Is not publicly available or otherwise readily
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ascertainable through proper means from another source in the
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same configuration as received by the department.
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5. Includes:
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a. Trade secrets as defined in s. 688.002.
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b. competitive interests, the disclosure of which would
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impair the competitive advantage of the online platform who is
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the subject of the information.
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Section 11. Paragraph (d) of subsection (10) of section
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501.2041, Florida Statutes, is amended to read:
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501.2041 Unlawful acts and practices by social media
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platforms.—
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(10)
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(d) For purposes of this subsection, the term "proprietary
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business information" means information that:
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1. Is owned or controlled by the business;
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2. Is intended to be private and is treated by the
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business as private because disclosure would harm the business
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or its business operations;
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3. Has not been disclosed except as required by law or a
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private agreement that provides that the information will not be
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released to the public;
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4. Is not publicly available or otherwise readily
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ascertainable through proper means from another source in the
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same configuration as received by the department; and
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5. Includes:
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a. Trade secrets as defined in s. 688.002.
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b. competitive interests, the disclosure of which would
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impair the competitive advantage of the business that is the
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subject of the information.
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Section 12. Paragraph (e) of subsection (4) of section
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501.722, Florida Statutes, is amended to read:
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501.722 Public records exemption.—
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(4) For purposes of this section, the term "proprietary
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information" means information that:
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(e) Includes:
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1. Trade secrets as defined in s. 688.002.
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2. competitive interests, the disclosure of which would
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impair the competitive advantage of the controller, processor,
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or third party who is the subject of the information.
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Section 13. Paragraph (b) of subsection (1) of section
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520.9965, Florida Statutes, is amended to read:
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520.9965 Confidentiality of information relating to
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investigations and examinations.—
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(1)
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(b) Except as necessary for the office to enforce the
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provisions of this chapter, a consumer complaint and other
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information relative to an investigation or examination shall
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remain confidential and exempt from s. 119.07(1) after the
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investigation or examination is completed or ceases to be active
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to the extent disclosure would:
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1. Jeopardize the integrity of another active
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investigation or examination.
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2. Reveal the name, address, telephone number, social
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security number, or any other identifying number or information
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of any complainant, customer, or account holder.
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3. Disclose the identity of a confidential source.
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4. Disclose investigative techniques or procedures.
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5. Reveal a trade secret as defined in s. 688.002.
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Section 14. Paragraph (e) of subsection (1) of section
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548.062, Florida Statutes, is amended to read:
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548.062 Public records exemption.—
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(1) As used in this section, the term "proprietary
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confidential business information" means information that:
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(e) Concerns any of the following:
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1. The number of ticket sales for a match;
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2. The amount of gross receipts after a match;
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3. A trade secret, as defined in s. 688.002;
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3.4. Business plans;
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4.5. Internal auditing controls and reports of internal
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auditors; or
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5.6. Reports of external auditors.
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Section 15. Paragraph (b) of subsection (2) of section
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559.5558, Florida Statutes, is amended to read:
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559.5558 Public records exemption; investigations and
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examinations.—
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(2)
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(b) Information made confidential and exempt pursuant to
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this section is no longer confidential and exempt once the
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investigation or examination is completed or ceases to be active
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unless disclosure of the information would:
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1. Jeopardize the integrity of another active
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investigation or examination.
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2. Reveal the personal identifying information of a
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consumer, unless the consumer is also the complainant. A
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complainant's personal identifying information is subject to
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disclosure after the investigation or examination is completed
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or ceases to be active. However, a complainant's personal
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financial and health information remains confidential and
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exempt.
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3. Reveal the identity of a confidential source.
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4. Reveal investigative or examination techniques or
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procedures.
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5. Reveal trade secrets, as defined in s. 688.002.
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Section 16. Paragraph (a) of subsection (2) of section
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569.215, Florida Statutes, is amended to read:
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569.215 Confidential records relating to tobacco
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settlement agreement.—
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(2) As used in this section, the term "proprietary
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confidential business information" means information, regardless
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of form or characteristics, which is owned or controlled by a
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tobacco company that is a signatory to the settlement agreement,
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as amended, in the case of State of Florida v. American Tobacco
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Company, No. 95-1466AH, in the Circuit Court of the Fifteenth
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Judicial Circuit, in and for Palm Beach County, is intended to
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be and is treated by a tobacco company as private in that the
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disclosure of the information would cause harm to the company's
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business operations, and has not been disclosed unless disclosed
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pursuant to a statutory provision, an order of a court or
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administrative body, or private agreement that provides that the
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information will not be released to the public. The term
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includes, but is not limited to:
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(a) Trade secrets as defined in s. 688.002.
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Section 17. Paragraph (g) of subsection (3) of section
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627.0628, Florida Statutes, is amended to read:
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627.0628 Florida Commission on Hurricane Loss Projection
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Methodology; public records exemption; public meetings
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exemption.—
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(3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.—
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(g)1. A trade secret, as defined in s. 688.002, which is
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used in designing and constructing a hurricane or flood loss
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model and which is provided pursuant to this section, by a
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private company, to the commission, office, or consumer advocate
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appointed pursuant to s. 627.0613 is confidential and exempt
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from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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1.2.a. That portion of a meeting of the commission or of a
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rate proceeding on an insurer's rate filing at which a trade
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secret, as defined in s. 688.002, which is used in designing and
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constructing a hurricane or flood loss model and which is
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provided pursuant to this section, by a private company, to the
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commission, office, or consumer advocate appointed pursuant to
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s. 627.0613 made confidential and exempt by this paragraph 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. The closed meeting must be recorded, and no
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portion of the closed meeting may be off the record.
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2.b. The recording of a closed portion of a meeting is
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exempt from s. 119.07(1) and s. 24(a), Art. I of the State
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Constitution.
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Section 18. Paragraph (a) of subsection (2) and subsection
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(4) of section 1004.4472, Florida Statutes, are amended to read:
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1004.4472 Florida Institute for Human and Machine
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Cognition, Inc.; public records exemption; public meetings
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exemption.—
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(2) The following information held by the corporation or
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its subsidiary is confidential and exempt from s. 119.07(1) and
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s. 24(a), Art. I of the State Constitution:
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(a) Material relating to methods of manufacture or
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production, potential trade secrets, patentable material, actual
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trade secrets as defined in s. 688.002 or proprietary
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information received, generated, ascertained, or discovered
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during the course of research conducted by or through the
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corporation or a subsidiary, and business transactions resulting
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from such research.
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(4) That portion of a meeting of the corporation or a
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subsidiary at which information is presented or discussed which
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is confidential and exempt pursuant to subsection (2) or s.
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119.0715 is exempt from s. 286.011 and s. 24(b), Art. I of the
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State Constitution.
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Section 19. This act shall take effect upon becoming a
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law.