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FL H0461

Bill

Status

Failed

3/10/2018

Primary Sponsor

Government Accountability Committee

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Governmental Oversight and Accountability2/28/2018
Government Accountability Committee1/19/2018
Oversight, Transparency and Administration Subcommittee11/1/2017

Full Bill Text

No bill text available