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FL H0461
Bill
Status
3/10/2018
Primary Sponsor
Government Accountability Committee
Click for details
AI Summary
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Creates section 688.01, Florida Statutes, establishing a public records exemption for trade secrets held by agencies, exempting them from disclosure under Florida's public records laws and state constitution.
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Requires persons submitting records claimed to contain trade secrets to provide written notice to the agency when records are submitted, clearly mark affected pages with "trade secret," and verify the claim through sworn declaration; failure to provide notice constitutes waiver of trade secret protection.
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Excludes from trade secret protection certain contract-related information including: parties to contracts, payment amounts and structures, nature of commodities or services purchased, and applicable unit prices and deliverables.
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Establishes a process where agencies must notify record requesters of claimed trade secrets and provide trade secret claimants 30 days to file a circuit court action seeking a declaratory judgment; if no action is filed within 30 days, the trade secret claim is waived and the record must be released.
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Makes the exemption subject to sunset review and repeals the section on October 2, 2023, unless reenacted by the legislature; exempts research institutes, university sponsored research divisions, and Florida College System technology transfer centers from the provision.
Legislative Description
Pub. Rec./Trade Secrets Held by an Agency
Last Action
Died in Governmental Oversight and Accountability
3/10/2018