THE BILL ITSELF
SB 7026
OGSR/Trade Secret Held by an Agency
ENROLLED
2026
Legislature SB 7026 20267026er
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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 records requirements
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for a trade secret held by an agency; deleting 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, F.S.; conforming provisions
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to changes made by the act; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 119.0715, Florida Statutes, is amended
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to read:
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119.0715 Trade secrets held by an agency.—
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(1) DEFINITION.—“Trade secret” has the same meaning as in
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s. 688.002.
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(2) PUBLIC RECORD EXEMPTION.—A trade secret held by an
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agency is confidential and exempt from s. 119.07(1) and s.
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24(a), Art. I of the State Constitution.
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(3) AGENCY ACCESS.—An agency may disclose a trade secret to
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an officer or employee of another agency or governmental entity
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whose use of the trade secret is within the scope of his or her
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lawful duties and responsibilities.
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(4) LIABILITY.—An agency employee who, while acting in good
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faith and in the performance of his or her duties, releases a
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record containing a trade secret pursuant to this chapter is not
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liable, civilly or criminally, for such release.
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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 business
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as private because disclosure would harm the business or its
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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.
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Section 4. Section 334.049, Florida Statutes, is amended to
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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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(1) Notwithstanding any other provision of law to the
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contrary, the Department of Transportation is authorized, in its
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own name, to:
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(a) Perform all things necessary to secure letters of
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patent, copyrights, and trademarks on any legitimately acquired
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work products, and to enforce its rights therein.
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(b) License, lease, assign, or otherwise give written
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consent to any person, firm, or corporation for the manufacture
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or use of any product protected by patent, copyright, or
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trademark, whether on a royalty basis or for such other
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consideration as the department may deem proper.
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(c) Take any action necessary, including legal action, to
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enforce its rights under any agreement and to protect its
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property rights from improper or unlawful use or infringement.
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(d) Enforce the collection of any payments or other
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obligations due the department for the manufacture or use of any
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product by any other party.
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(e) Sell any product, except where otherwise provided by
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public records laws, which the department may create or cause to
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be created, whether or not the product is protected by a
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department patent, copyright, or trademark, and to execute all
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instruments necessary to consummate any such sale.
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(f) Do all other acts necessary and proper for the
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execution of powers and duties herein conferred upon the
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department.
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(2) The department shall notify the Department of State in
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writing whenever property rights by patent, copyright, or
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trademark are secured or exploited by the department.
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(3) Any proceeds from the sale of products or the right to
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manufacture or use a product must shall be deposited in the
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State Transportation Trust Fund and may be appropriated to
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finance activities of the department. The department’s
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legislative budget request should give special consideration to
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using such funds for research and development projects.
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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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(5) As used in this section the term “product” includes any
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and all inventions, methodologies, techniques, and creations
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that may be properly protected by patent, copyright, or
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trademark.
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Section 5. Subsection (1) of section 408.185, Florida
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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. Section 409.91196, Florida Statutes, is amended
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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 information , and other trade
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secrets as defined in s. 688.002 that the agency has identified
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for use in negotiations, held by the Agency for Health Care
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Administration under s. 409.912(5)(a)7. 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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(2) That portion of a meeting of the Medicaid
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Pharmaceutical and Therapeutics Committee at which the rebate
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amount, percent of rebate, manufacturer’s pricing, or
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supplemental rebate information , or 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, are discussed is exempt from s. 286.011 and s.
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24(b), Art. I of the State Constitution. A record shall be made
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of each exempt portion of a meeting. Such record must include
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the times of commencement and termination, all discussions and
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proceedings, the names of all persons present at any time, and
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the names of all persons speaking. No exempt portion of a
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meeting may be held off the record.
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Section 7. Subsection (2) of section 440.108, Florida
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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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(a) Jeopardize the integrity of another active
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investigation;
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(b) Reveal a trade secret, as defined in s. 688.002;
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(c) Reveal business or personal financial information;
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(c) (d) Reveal personal identifying information regarding
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the identity of a confidential source;
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(d) (e) Defame or cause unwarranted damage to the good name
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or reputation of an individual or jeopardize the safety of an
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individual; or
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(e) (f) Reveal investigative techniques or procedures.
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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. 688.002,
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held by the department or board, are 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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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 business
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as private because disclosure would harm the business or its
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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 investigation
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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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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 investigation
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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 settlement
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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. Section 627.0628, Florida Statutes, is amended
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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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(1) LEGISLATIVE FINDINGS AND INTENT.—
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(a) Reliable projections of hurricane losses are necessary
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in order to assure that rates for residential property insurance
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meet the statutory requirement that rates be neither excessive
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nor inadequate. The ability to accurately project hurricane
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losses has been enhanced greatly in recent years through the use
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of computer modeling. It is the public policy of this state to
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encourage the use of the most sophisticated actuarial methods to
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assure that consumers are charged lawful rates for residential
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property insurance coverage.
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(b) The Legislature recognizes the need for expert
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evaluation of computer models and other recently developed or
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improved actuarial methodologies for projecting hurricane
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losses, in order to resolve conflicts among actuarial
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professionals, and in order to provide both immediate and
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continuing improvement in the sophistication of actuarial
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methods used to set rates charged to consumers.
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(c) It is the intent of the Legislature to create the
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Florida Commission on Hurricane Loss Projection Methodology as a
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panel of experts to provide the most actuarially sophisticated
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guidelines and standards for projection of hurricane losses
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possible, given the current state of actuarial science. It is
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the further intent of the Legislature that such standards and
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guidelines must be used by the State Board of Administration in
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developing reimbursement premium rates for the Florida Hurricane
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Catastrophe Fund, and, subject to paragraph (3)(d), must be used
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by insurers in rate filings under s. 627.062 unless the way in
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which such standards and guidelines were applied by the insurer
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was erroneous, as shown by a preponderance of the evidence.
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(d) It is the intent of the Legislature that such standards
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and guidelines be employed as soon as possible, and that they be
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subject to continuing review thereafter.
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(e) The Legislature finds that the authority to take final
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agency action with respect to insurance ratemaking is vested in
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the Office of Insurance Regulation and the Financial Services
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Commission, and that the processes, standards, and guidelines of
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the Florida Commission on Hurricane Loss Projection Methodology
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do not constitute final agency action or statements of general
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applicability that implement, interpret, or prescribe law or
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policy; accordingly, chapter 120 does not apply to the
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processes, standards, and guidelines of the Florida Commission
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on Hurricane Loss Projection Methodology.
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(2) COMMISSION CREATED.—
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(a) There is created the Florida Commission on Hurricane
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Loss Projection Methodology, which is assigned to the State
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Board of Administration. For the purposes of this section, the
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term “commission” means the Florida Commission on Hurricane Loss
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Projection Methodology. The commission shall be administratively
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housed within the State Board of Administration, but it shall
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independently exercise the powers and duties specified in this
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section.
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(b) The commission shall be composed consist of the
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following 12 members:
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1. The insurance consumer advocate.
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2. The senior employee of the State Board of Administration
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responsible for operations of the Florida Hurricane Catastrophe
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Fund.
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3. The Executive Director of the Citizens Property
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Insurance Corporation or the executive director’s designee. The
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executive director’s designee must be a full-time employee of
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the corporation and have actuarial science experience.
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4. The Director of the Division of Emergency Management or
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the director’s designee. The director’s designee must be a full
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time employee of the division.
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5. The actuary member of the Florida Hurricane Catastrophe
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Fund Advisory Council.
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6. An employee of the office who is an actuary responsible
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for property insurance rate filings and who is appointed by the
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director of the office.
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7. Five members appointed by the Chief Financial Officer,
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as follows:
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a. An actuary who is employed full time by a property and
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casualty insurer that was responsible for at least 1 percent of
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the aggregate statewide direct written premium for homeowner
403
insurance in the calendar year preceding the member’s
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appointment to the commission.
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b. An expert in insurance finance who is a full-time member
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of the faculty of the State University System and who has a
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background in actuarial science.
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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
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in insurance.
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d. An expert in computer system design who is a full-time
412
member of the faculty of the State University System.
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e. An expert in meteorology who is a full-time member of
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the faculty of the State University System and who specializes
415
in hurricanes.
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8. A licensed professional structural engineer who is a
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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.
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(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.
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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.
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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 law.