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HB 459 — Public Records
Last action — Died in Governmental Oversight and Accountability
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
2497 added · 2381 removed2497 line(s) added, 2381 removed.
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 A bill to be entitled An act relating to public records;
202.195, Page 1 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 F.S.;
deleting Page 2 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 provisions relating to a public records exemption for trade secrets held by the Florida Export Finance Corporation;
deleting provisions relating to public records Page 3 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 exemptions for trade secrets held by the Florida Public Service Commission;
deleting a requirement that certain trade secret information Page 4 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 submitted to the Agency for Healthcare Administration be clearly designated as such;
499.931, F.S., Page 5 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 relating to maintenance of information held by the Department of Business and Professional Regulation that is deemed to be a trade secret;
revising provisions specifying that certain Page 6 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 information provided to the Department of Agriculture and Consumer Services does not constitute a trade secret;
authorizing the Office of Insurance Page 7 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 Regulation to report certain information on an aggregate basis;
655.0591, F.S., relating to trade secret documents held by the Office Page 8 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 of Financial Regulation;
revising provisions relating to public records exemptions for trade secrets and potential trade secrets held by the Florida Institute for Human and Page 9 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 Machine Cognition, Inc.;
deletingrevising provisions relating to public records exemptions for trade secrets and potential trade secrets held by the technology transfers centers at Florida College System institutions;
Page 10 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 24(a), Art.
(a) The parties to the contract or agreement, or an addendum thereto.thereto if the contract or agreement, or the addendum thereto, includes a provision requiring the agency or an entity subject to this chapter to expend funds.
and information obtained by the Division of Security pursuant to its investigations which is otherwise confidential.Page 11 of 110 CODING:
To be deemed confidential, the information must be necessary to the security and integrity of the lottery.
Page 11 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed Confidential1 information2018 mayconfidential. be released to other governmental entities as needed in connection with the performance of their duties.
To be deemed confidential, the information must be necessary to the security and integrity of the lottery.
Confidential information may be released to other governmental entities as needed in connection with the performance of their duties.
119.071 General exemptions from inspection or copying of public records.— (1) AGENCY ADMINISTRATION.— (f) Data processing software obtained by an agency under a licensing agreement that prohibits its disclosure and which Page 12 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 (f) Data processing software obtained by an agency under a licensing agreement that prohibits its disclosure and which software is a trade secret, as defined in s.
119.0713 Local government agency exemptions from inspection or copying of public records.— (4)(a) Proprietary confidential business information means information, regardless of form or characteristics, which is held by an electric utility that is subject to chapter 119, is intended to be and is treated by the entity that provided the information to the electric utility as private in that the disclosure of the information would cause harm to the entity providing the information or its business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a privatePage agreement13 thatof provides110 thatCODING: the information will not be released to the public.
Proprietary confidential business Page 13 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 informationprivate includes,agreement butthat isprovides that the information will not limitedbe to:released to the public.
Proprietary confidential business information includes, but is not limited to:
(d) Undertake marketing research and advertising research studies and provide reservations services and convention and meetings booking services consistent with the authorized uses of revenuePage as14 setof forth110 inCODING: subsection (5).
1.
Information given to a county tourism promotion agency Page 14 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed which,1 if2018 released,revenue would reveal the identity of persons or entities who provide data or other information as aset responseforth toin asubsection sales(5). promotion effort, an advertisement, or a research project or whose names, addresses, meeting or convention plan information or accommodations or other visitation needs become booking or reservation list data, is exempt from s.
1.
Show all 415 changed lines (375 more)
Information given to a county tourism promotion agency which, if released, would reveal the identity of persons or entities who provide data or other information as a response to a sales promotion effort, an advertisement, or a research project or whose names, addresses, meeting or convention plan information or accommodations or other visitation needs become booking or reservation list data, is exempt from s.
SectionPage 7.15 of 110 CODING:
Paragraph (m) of subsection (15) of section 163.01, Florida Statutes, is amended to read:
Page 15 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed 163.011 Florida2018 InterlocalSection Cooperation7. Act of 1969.— (15) Notwithstanding any other provision of this section or of any other law except s.
Paragraph (m) of subsection (15) of section 163.01, Florida Statutes, is amended to read:
163.01 Florida Interlocal Cooperation Act of 1969.— (15) Notwithstanding any other provision of this section or of any other law except s.
information concerning bids or other contractual data, the disclosure of which would impair the effortsPage 16 of the110 utilityCODING: to contract for services on favorable terms;
employee personnel information unrelated to compensation, Page 16 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 duties,efforts qualifications,of orthe responsibilities;utility to contract for services on favorable terms;
employee personnel information unrelated to compensation, duties, qualifications, or responsibilities;
Proprietary confidential business information does not include schematics indicating the location of facilities for a specific Page 17 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 Proprietary confidential business information does not include schematics indicating the location of facilities for a specific site that are provided in the normal course of the local governmental entity's permitting process.
5.Page 18 of 110 CODING:
"Proprietor" means an alternative investment vehicle, a portfolio company in which the alternative investment vehicle is Page 18 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed invested,1 or2018 an5. outside consultant, including the respective authorized officers, employees, agents, or successors in interest, which controls or owns information provided to the State Board of Administration.
"Proprietor" means an alternative investment vehicle, a portfolio company in which the alternative investment vehicle is invested, or an outside consultant, including the respective authorized officers, employees, agents, or successors in interest, which controls or owns information provided to the State Board of Administration.
c.d.Page 19 of 110 CODING:
Meeting materials of an alternative investment vehicle relating to financial, operating, or marketing Page 19 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed information1 of2018 thec.d. alternative investment vehicle.
Meeting materials of an alternative investment vehicle relating to financial, operating, or marketing information of the alternative investment vehicle.
The dollar amount, on a fiscal-year-end basis, of cash distributions received by the State Board of Administration from eachPage alternative20 investmentof vehicle.110 CODING:
e.
The dollar amount, on a fiscal-year-end basis, of cash Page 20 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed distributions1 received2018 by the State Board of Administration plus the remaining value of alternative-vehicle assets that are attributable to the State Board of Administration's investment in each alternative investment vehicle.
e.
The dollar amount, on a fiscal-year-end basis, of cash distributions received by the State Board of Administration plus the remaining value of alternative-vehicle assets that are attributable to the State Board of Administration's investment in each alternative investment vehicle.
Notwithstanding the provisions of paragraph (b), a requestPage to21 inspectof or110 copyCODING: a record under s.
119.07(1) that contains proprietary confidential business information shall be Page 21 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed granted1 if2018 the proprietor of the information fails, within a reasonable period of time after the request is received by the State Board of Administration, to verifyinspect theor followingcopy to the State Board of Administration through a writtenrecord declarationunder in the manner provided by s.
119.07(1) that contains proprietary confidential business information shall be granted if the proprietor of the information fails, within a reasonable period of time after the request is received by the State Board of Administration, to verify the following to the State Board of Administration through a written declaration in the manner provided by s.
(d) Any person may petition a court of competent jurisdiction for an order for the public release of those portions of any record made confidential and exempt by paragraph Page 22 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 jurisdiction for an order for the public release of those portions of any record made confidential and exempt by paragraph (b).
Such information shall be confidential and exempt from thePage provisions23 of s.110 CODING:
119.07(1).
The commission shall not disclose such information except pursuant to a final Page 23 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 determinationthe underprovisions of s.
119.07(1).
The commission shall not disclose such information except pursuant to a final determination under s.
SectionPage 13.24 of 110 CODING:
Subsection (7) of section 288.047, Florida Statutes, is amended to read:
Page 24 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed 288.0471 Quick-response2018 trainingSection for13. economic development.— (7) In providing instruction pursuant to this section, materials that relate to methods of manufacture or production, potential trade secrets, business transactions, or proprietary information received, produced, ascertained, or discovered by employees of the respective departments, district school boards, community college district boards of trustees, or other personnel employed for the purposes of this section is confidential and exempt from the provisions of s.
Subsection (7) of section 288.047, Florida Statutes, is amended to read:
288.047 Quick-response training for economic development.— (7) In providing instruction pursuant to this section, materials that relate to methods of manufacture or production, potential trade secrets, business transactions, or proprietary information received, produced, ascertained, or discovered by employees of the respective departments, district school boards, community college district boards of trustees, or other personnel employed for the purposes of this section is confidential and exempt from the provisions of s.
Subsection (9) of section 288.1226, Florida Statutes,Page is25 amendedof to110 read:CODING:
288.1226 Florida Tourism Industry Marketing Corporation;
Page 25 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 useStatutes, ofis property;amended to read:
288.1226 Florida Tourism Industry Marketing Corporation;
use of property;
Any individual signing any corporation loan application and loan or guarantee agreement shall have an equity in the businessPage applying26 forof financial110 assistance.CODING:
2.
Each program shall exclusively support the export of Page 26 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed goods1 and2018 servicesbusiness byapplying smallfor andfinancial medium-sizedassistance. businesses which are domiciled in this state.
2.
Each program shall exclusively support the export of goods and services by small and medium-sized businesses which are domiciled in this state.
288.9520 Public records exemption.—Materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, financial and proprietary information, and agreements or proposals to receive funding that are received, generated, ascertained, or discovered by Enterprise Florida, Inc., including its affiliates or subsidiaries and partnership participants, such as private enterprises, educational institutions, and other organizations, are Page 27 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 partnership participants, such as private enterprises, educational institutions, and other organizations, are confidential and exempt from the provisions of s.
"Proprietary confidential business information" means information that has been designated by the proprietor when provided to the Florida Opportunity Fund as information thatPage is28 ownedof or110 controlledCODING: by a proprietor;
that is intended to be and is treated by the proprietor as private, the disclosure Page 28 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed of1 which2018 would harm the business operations of the proprietor and has not been intentionally disclosed by the proprietor unless pursuant to a private agreement that providesis thatowned theor informationcontrolled will not be released to the public except as required by law or legal process, or pursuant to law or an order of a courtproprietor; or administrative body;
that is intended to be and is treated by the proprietor as private, the disclosure of which would harm the business operations of the proprietor and has not been intentionally disclosed by the proprietor unless pursuant to a private agreement that provides that the information will not be released to the public except as required by law or legal process, or pursuant to law or an order of a court or administrative body;
e.f.Page 29 of 110 CODING:
Capital call and distribution notices to investors or the Florida Opportunity Fund of an alternative investment Page 29 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 vehicle.e.f.
Capital call and distribution notices to investors or the Florida Opportunity Fund of an alternative investment vehicle.
The dollar amount, on a fiscal-year-end basis, of cash or other fungible distributions received by the Florida Opportunity Fund plus the remaining value of alternative-vehicle assets that are attributable to the Florida Opportunity Fund's Page 30 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 Opportunity Fund plus the remaining value of alternative-vehicle assets that are attributable to the Florida Opportunity Fund's investment in each alternative investment vehicle.
3.Page 31 of 110 CODING:
Proprietary confidential business information regarding alternative investments for 7 years after the termination of the Page 31 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed alternative1 investment.2018 3.
Proprietary confidential business information regarding alternative investments for 7 years after the termination of the alternative investment.
That the proprietary confidential business information is intended to be and is treated by the proprietor as private, is the subject of efforts of the proprietor to Page 32 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 information is intended to be and is treated by the proprietor as private, is the subject of efforts of the proprietor to maintain its privacy, and is not readily ascertainable or publicly available from any other source;
The release of the record will not cause damage to or adversely affect the interests of the proprietor of the released information, other private persons or business Page 33 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 or adversely affect the interests of the proprietor of the released information, other private persons or business entities, or the Florida Opportunity Fund.
Financial statements and internal or external auditor reports of a proprietor corporation, partnership, or person requestingPage confidentiality34 underof this110 statute,CODING: unless publicly released by the proprietor.
Page 34 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 b.c.requesting confidentiality under this statute, unless publicly released by the proprietor.
b.c.
Materials that relate to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research or through research projects conducted by Page 35 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 received, generated, ascertained, or discovered during the course of research or through research projects conducted by universities and other publicly supported organizations in this state and that are provided to the institute by a proprietor.
(4) REQUEST TO INSPECT OR COPY A RECORD.— (b) Notwithstanding the provisions of paragraph (2)(a), a request to inspect or copy a public record that contains proprietary confidential business information shall be granted if the proprietor of the information fails, within a reasonable period of time after the request is received by the institute, to verify the following to the institute through a written Page 36 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 period of time after the request is received by the institute, to verify the following to the institute through a written declaration in the manner provided by s.
Any action under this subsection must be brought in Palm Beach County or Alachua County, and the petition or other initial pleading shall be served on the institute and, if determinable upon diligent inquiry, on the proprietor of the informationPage sought37 toof be110 released.CODING:
3.
In any order for the public release of a record under Page 37 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed this1 subsection,2018 theinformation courtsought shallto makebe areleased. finding that:
3.
In any order for the public release of a record under this subsection, the court shall make a finding that:
If Space Florida determines that any information requested by the public will reveal a trade secret, it shall, in writing,Page inform38 the person making the request of that110 determination.CODING:
The determination is a final order as defined in Page 38 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 s.writing, inform the person making the request of that determination.
The determination is a final order as defined in s.
confidentiality of business material.—If the commission undertakes an inquiry, any records, documents, papers, maps, books, tapes, photographs, files, sound Page 39 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 material.—If the commission undertakes an inquiry, any records, documents, papers, maps, books, tapes, photographs, files, sound recordings, or other business material, regardless of form or characteristics, obtained by the commission incident to the inquiry are considered confidential and exempt from s.
364.183 Access to company records.— (3) The term "proprietary confidential business information" means information, regardless of form or characteristics, which is owned or controlled by the person or company, is intended to be and is treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the person's or company's business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or private agreement that provides that the Page 40 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 pursuant to a statutory provision, an order of a court or administrative body, or private agreement that provides that the information will not be released to the public.
confidentiality.— (3) Proprietary confidential business information means information, regardless of form or characteristics, which is owned or controlled by the person or company, is intended to be and is treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the person's or company's business operations, and has not Page 41 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 disclosure of the information would cause harm to the ratepayers or the person's or company's business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or private agreement that provides that the information will not be released to the public.
368.108Page Confidentiality;42 of 110 CODING:
discovery.— (3) "Proprietary confidential business information" means Page 42 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed information,1 regardless2018 of368.108 formConfidentiality; or characteristics, which is owned or controlled by the person or company, is intended to be and is treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the person's or company's business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public.
discovery.— (3) "Proprietary confidential business information" means information, regardless of form or characteristics, which is owned or controlled by the person or company, is intended to be and is treated by the person or company as private in that the disclosure of the information would cause harm to the ratepayers or the person's or company's business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public.
1.2.Page 43 of 110 CODING:
Leasing plans, real property acquisition plans, exploration budgets, or marketing studies, the disclosure of Page 43 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed which1 would2018 impair1.2. the efforts of the applicant or its affiliates to contract for goods or services or to acquire real property interests on favorable terms.
Leasing plans, real property acquisition plans, exploration budgets, or marketing studies, the disclosure of which would impair the efforts of the applicant or its affiliates to contract for goods or services or to acquire real property interests on favorable terms.
403.7046 Regulation of recovered materials.— (2)Page Notwithstanding44 s.of 110 CODING:
688.01, information reported pursuant to this section or any rule adopted pursuant to this Page 44 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed section1 which,2018 if(2) disclosed,Notwithstanding would reveal a trade secret, as defined in s.
688.01, information reported pursuant to this section or any rule adopted pursuant to this section which, if disclosed, would reveal a trade secret, as defined in s.
A local government may not enact any ordinance that prevents such a dealer from entering into a contract with a commercial establishmentPage to45 purchase,of collect,110 transport,CODING: process, or receive source-separated recovered materials.
Page 45 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 (b)1.establishment to purchase, collect, transport, process, or receive source-separated recovered materials.
(b)1.
186.901, may establish a reporting process that must be limited to the regulations, reporting format, and reporting frequency Page 46 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 establish a reporting process that must be limited to the regulations, reporting format, and reporting frequency established by the department pursuant to this section, which must, at a minimum, include requiring the dealer or pyrolysis facility to identify the types and approximate amount of recovered materials or post-use polymers collected, recycled, or reused during the reporting period;
This subparagraph is subjectPage to47 theof Open110 GovernmentCODING: Sunset Review Act in accordance with s.
119.15 and shall stand repealed on October 2, 2021, Page 47 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 unlesssubject reviewedto andthe savedOpen fromGovernment repealSunset throughReview reenactmentAct byin theaccordance Legislature.with s.
119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature.
Data submitted shall be certified by the chief financial officer, an appropriate and duly authorized representative, or an employee of the insurer that the information submitted is true and Page 48 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 appropriate and duly authorized representative, or an employee of the insurer that the information submitted is true and accurate.
3.Page 49 of 110 CODING:
"Participant" means an individual who is eligible to participate in the program pursuant to paragraph (4)(b).
Page 49 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 4.3.
"Participant" means an individual who is eligible to participate in the program pursuant to paragraph (4)(b).
4.
public records and public meetings exemption.— (1) The rebate amount, percent of rebate, manufacturer's Page 50 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 and public meetings exemption.— (1) The rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate, and other trade secrets as defined in s.
confidentiality.— (2) After an investigation is completed or ceases to be active,Page information51 in records relating to the investigation remains confidential and exempt from the provisions of s.110 CODING:
Page 51 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 119.07(1)active, information in records relating to the investigation remains confidential and exempt from the provisions of s.
119.07(1) and s.
497.172Page Public52 recordsof exemptions;110 CODING:
public meetings exemptions.— Page 52 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed (4)1 TRADE2018 SECRETS.—Trade497.172 secrets,Public asrecords definedexemptions; in s.
public meetings exemptions.— (4) TRADE SECRETS.—Trade secrets, as defined in s.
(7) PRESCRIPTION DRUG PURCHASE LIST.— (b)Page Such53 portions of the110 informationCODING: required pursuant to this subsection which are a trade secret, as defined in s.
Page 53 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed 812.081,1 shall2018 be(b) maintainedSuch byportions of the departmentinformation asrequired tradepursuant secretto informationthis issubsection requiredwhich toare bea maintainedtrade undersecret, as defined in s.
812.081, shall be maintained by the department as trade secret information is required to be maintained under s.
I ofPage the54 Stateof Constitution110 asCODING: long as the information is held by the department.
This paragraph is subject to the Open Government Page 54 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 Sunsetof Reviewthe ActState inConstitution accordanceas withlong s.as the information is held by the department.
This paragraph is subject to the Open Government Sunset Review Act in accordance with s.
b.Page 55 of 110 CODING:
competitive interests, the disclosure of which would impair the competitive business of the covered entity who is the Page 55 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed subject1 of2018 theb. information.
competitive interests, the disclosure of which would impair the competitive business of the covered entity who is the subject of the information.
Paragraph (b) of subsection (1) of section 520.9965,Page Florida56 Statutes,of is110 amendedCODING: to read:
520.9965 Confidentiality of information relating to Page 56 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed investigations1 and2018 examinations.—520.9965, (1)Florida (b)Statutes, Exceptis asamended necessary for the office to enforceread: the provisions of this chapter, a consumer complaint and other information relative to an investigation or examination shall remain confidential and exempt from s.
520.9965 Confidentiality of information relating to investigations and examinations.— (1) (b) Except as necessary for the office to enforce the provisions of this chapter, a consumer complaint and other information relative to an investigation or examination shall remain confidential and exempt from s.
If the person upon whom such request was made fails to produce the documents or records within 30 days after the date of the Page 57 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 person upon whom such request was made fails to produce the documents or records within 30 days after the date of the request, the department, through the department's office of general counsel, may issue and serve a subpoena to compel the production of such documents and records.
Paragraph (e) of subsection (1) of section 548.062,Page Florida58 Statutes,of is110 amendedCODING: to read:
548.062 Public records exemption.— Page 58 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed (1)1 As2018 used548.062, inFlorida thisStatutes, section,is theamended termto "proprietaryread: confidential business information" means information that:
548.062 Public records exemption.— (1) As used in this section, the term "proprietary confidential business information" means information that:
1.Page 59 of 110 CODING:
Is intended to be and is treated by the member operator as confidential;
Page 59 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 2.1.
Is intended to be and is treated by the member operator as confidential;
2.
A complainant's personal identifying information is subject to disclosure after the investigation or examination is completed orPage ceases60 toof be110 active.CODING:
However, a complainant's personal financial and health information remains confidential and Page 60 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 exempt.or ceases to be active.
However, a complainant's personal financial and health information remains confidential and exempt.
560.129 Confidentiality.— (2) All information obtained by the office in the course Page 61 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 560.129 Confidentiality.— (2) All information obtained by the office in the course of its investigation or examination which is a trade secret, as defined in s.
records.—The duties of the Division of Fruit and VegetablesPage include,62 butof are110 notCODING: limited to:
(3) Maintaining the records of the division.
The records Page 62 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 ofVegetables theinclude, divisionbut are publicnot records.;limited to:
(3) Maintaining the records of the division.
The records of the division are public records.;
records.— (8)Page The63 records of the110 DivisionCODING: of Consumer Services are public records.
However, customer lists and, customer names, and Page 63 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed trade1 secrets2018 are(8) confidentialThe andrecords exemptof from the provisionsDivision of s.Consumer Services are public records.
However, customer lists and, customer names, and trade secrets are confidential and exempt from the provisions of s.
601.10 Powers of the Department of Citrus.—The department shall have and shall exercise such general and specific powers as are delegated to it by this chapter and other statutes of the Page 64 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 shall have and shall exercise such general and specific powers as are delegated to it by this chapter and other statutes of the state, which powers shall include, but are not limited to, the following:
The pro rata portion of moneys allocated to each type of citrus product in noncommodity programs shall be used by the department to encourage substantial increases in the effectiveness, frequency, and volume of noncommodity advertising, merchandising, publicity, and sales promotion of Page 65 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 effectiveness, frequency, and volume of noncommodity advertising, merchandising, publicity, and sales promotion of such citrus products through rebates and incentive payments to handlers and trade customers for these activities.
119.15 and shall stand repealed on October 2, 2021, unless reviewed and savedPage from66 repealof through110 reenactmentCODING: by the Legislature.
Section 62.
Paragraph (c) of subsection (8) of section Page 66 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 601.152,saved Floridafrom Statutes,repeal isthrough amendedreenactment toby read:the Legislature.
Section 62.
Paragraph (c) of subsection (8) of section 601.152, Florida Statutes, is amended to read:
Section 601.76, Florida Statutes, is amended toPage read:67 of 110 CODING:
601.76 Manufacturer to furnish formula and other Page 67 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed information.—Any1 formula2018 required to beread: filed with the Department of Agriculture shall be deemed a trade secret as defined in s.
601.76 Manufacturer to furnish formula and other information.—Any formula required to be filed with the Department of Agriculture shall be deemed a trade secret as defined in s.
For purposes of this section, an investigation shall be considered "active" while such investigation is being conducted with a reasonable, good faith belief that it may lead to the filingPage 68 of an110 administrative,CODING: civil, or criminal proceeding.
An investigation does not cease to be active so long as the Page 68 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed department1 is2018 proceedingfiling withof reasonablean dispatchadministrative, andcivil, there is a good faith belief that action may be initiated by the department or othercriminal administrativeproceeding. or law enforcement agency.
An investigation does not cease to be active so long as the department is proceeding with reasonable dispatch and there is a good faith belief that action may be initiated by the department or other administrative or law enforcement agency.
A person or law enforcement agency which receives any Page 69 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 A person or law enforcement agency which receives any information, record, or transcription of testimony that has been made confidential by this subsection shall maintain the confidentiality of such material and shall not disclose such information, record, or transcription of testimony except as provided for herein.
For purposes of this section, an investigation shall be considered "active" while such investigation is being conducted with a Page 70 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 purposes of this section, an investigation shall be considered "active" while such investigation is being conducted with a reasonable, good faith belief that it may lead to the filing of an administrative, civil, or criminal proceeding.
(c) In the course of filing, participating in, or conductingPage a71 judicialof proceeding110 toCODING: enforce an order or judgment entered pursuant to this section or chapter 895.
Page 71 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 (d)conducting Ina thejudicial courseproceeding ofto aenforce criminalan proceeding.order or judgment entered pursuant to this section or chapter 895.
(d) In the course of a criminal proceeding.
Notwithstanding any otherPage provision72 of law,110 informationCODING: reported to and collected by the office may be made available on an aggregate basis.
The Page 72 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed office1 may2018 report,other publish,provision orof otherwiselaw, make available such information fromreported allto insurersand oncollected an aggregate basis by linethe ofoffice businessmay andbe bymade county,available evenon ifan markedaggregate tradebasis. secret pursuant to s.
The office may report, publish, or otherwise make available such information from all insurers on an aggregate basis by line of business and by county, even if marked trade secret pursuant to s.
624.4212 Confidentiality of proprietary business and other information.— (1) As used in this section, the term "proprietary business information" means information, regardless of form or characteristics, which is owned or controlled by an insurer, or a person or an affiliated person who seeks acquisition of controllingPage stock73 inof a110 domesticCODING: stock insurer or controlling company, and which:
Page 73 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 (c)controlling Includes:stock in a domestic stock insurer or controlling company, and which:
(c) Includes:
(c) To the Actuarial Board for Counseling and Discipline upon a request stating that the information is for the purpose of professional disciplinary proceedings and specifying Page 74 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 upon a request stating that the information is for the purpose of professional disciplinary proceedings and specifying procedures satisfactory to the office for preserving the confidentiality of the information;
(d)Page Concerns:75 of 110 CODING:
1.
Business plans;
Page 75 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 2.(d) Concerns:
1.
Business plans;
2.
626.9936 Access to records.— (1) Notwithstanding subsections (1) and (2) of Article VIII, subsection (2) of Article X, and subsection (6) of Article Page 76 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 (1) Notwithstanding subsections (1) and (2) of Article VIII, subsection (2) of Article X, and subsection (6) of Article XII of the Interstate Insurance Product Regulation Compact, a request by a resident of this state for public inspection and copying of information, data, or official records that includes:
688.01 by thisPage paragraph77 isof discussed110 isCODING: exempt from s.
Words stricken are deletions;
words underlined are additions.
hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB , Engrossed 1 2018 this paragraph is discussed is exempt from s.
The closed meeting must Pagebe 77recorded, and no portion of 109the CODING:closed meeting may be off the record.
Words stricken are deletions;
words underlined are additions.
hb0459-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459 2018 be recorded, and no portion of the closed meeting may be off the record.
1.Page 78 of 110 CODING:
Is identified by the insurer as proprietary business information and is intended to be and is treated by the insurer Page 78 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed as1 private2018 in1. that the disclosure of the information would cause harm to the insurer, an individual, or the company's business operations and has not been disclosed unless disclosed pursuant to a statutory requirement, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public;
Is identified by the insurer as proprietary business information and is intended to be and is treated by the insurer as private in that the disclosure of the information would cause harm to the insurer, an individual, or the company's business operations and has not been disclosed unless disclosed pursuant to a statutory requirement, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public;
119.15 and shall stand repealed on October 2, 2018, unless reviewed and saved from repealPage through79 reenactmentof by110 theCODING: Legislature.
Section 75.
Subsections (4), (5), (14), and (15) of Page 79 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed section1 655.057,2018 Floridarepeal Statutes,through arereenactment amendedby tothe read:Legislature.
Section 75.
Subsections (4), (5), (14), and (15) of section 655.057, Florida Statutes, are amended to read:
(d) Reporting any suspected criminal activity, with supporting documents and information, to appropriate law enforcementPage and80 prosecutorialof agencies.110 CODING:
(e) Furnishing information upon request to the Chief Page 80 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed Financial1 Officer2018 orenforcement theand Divisionprosecutorial ofagencies. Treasury of the Department of Financial Services regarding the financial condition of any financial institution that is, or has applied to be, designated as a qualified public depository pursuant to chapter 280.
(e) Furnishing information upon request to the Chief Financial Officer or the Division of Treasury of the Department of Financial Services regarding the financial condition of any financial institution that is, or has applied to be, designated as a qualified public depository pursuant to chapter 280.
SectionPage 77.81 of 110 CODING:
Subsection (11) of section 663.533, Florida Statutes, is amended to read:
Page 81 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed 663.5331 Applicability2018 ofSection the77. financial institutions codes.—A qualified limited service affiliate is subject to the financial institutions codes.
Subsection (11) of section 663.533, Florida Statutes, is amended to read:
663.533 Applicability of the financial institutions codes.—A qualified limited service affiliate is subject to the financial institutions codes.
812.081, that is held by an agency as defined in chapter 119, and that resides or exists internal or external to a computer, computer system, computer network, or electronic device is confidential and exempt from the provisions Page 82 of s.110 CODING:
Words stricken are deletions;
words underlined are additions.
hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB , Engrossed 1 2018 of s.
This subsection is subject to the Open Government Sunset Review PageAct 82in ofaccordance 109with CODING:s.
Words stricken are deletions;
words underlined are additions.
hb0459-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459 2018 Act in accordance with s.
To this end, materials that relate to methods of manufacture or production, potential trade secrets, potentially patentablePage material,83 actualof trade110 secrets,CODING: as defined in s.
688.01, business transactions, or proprietary information Page 83 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed received,1 generated,2018 ascertained,patentable ormaterial, discoveredactual duringtrade thesecrets, courseas ofdefined researchin conducted within the state universities shall be confidential and exempt from the provisions of s.
688.01, business transactions, or proprietary information received, generated, ascertained, or discovered during the course of research conducted within the state universities shall be confidential and exempt from the provisions of s.
688.01, is discussed is exemptPage from84 the provisions of s.110 CODING:
Words stricken are deletions;
words underlined are additions.
hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB , Engrossed 1 2018 exempt from the provisions of s.
Page(4) 84Those portions of 109any CODING:public record, such as a tape recording, minutes, and notes, generated during that portion of a governing board or peer review panel or committee meeting which is closed to the public pursuant to this section, which contain information relating to contracts, documents, records, marketing plans, or trade secrets which are made confidential and exempt by this section, are confidential and exempt from the provisions of s.
Words stricken are deletions;
words underlined are additions.
hb0459-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459 2018 (4) Those portions of any public record, such as a tape recording, minutes, and notes, generated during that portion of a governing board or peer review panel or committee meeting which is closed to the public pursuant to this section, which contain information relating to contracts, documents, records, marketing plans, or trade secrets which are made confidential and exempt by this section, are confidential and exempt from the provisions of s.
All contracts for managed-care arrangements which are made confidential and exempt by paragraph (2)(a), except those Page 85 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 contracts for managed-care arrangements which are made confidential and exempt by paragraph (2)(a), except those portions of any contract containing trade secrets which are made confidential and exempt by s.
As used in this paragraph, the term "proprietary confidential business information" means information, regardless of its form or characteristics, which is ownedPage or86 controlledof by110 theCODING: not-for-profit corporation or its subsidiaries;
is intended to be and is treated by the not-for- Page 86 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed profit1 corporation2018 owned or itscontrolled subsidiariesby as private and the disclosure of which would harm the business operations of the not-for-profit corporation or its subsidiaries;
is intended to be and is treated by the not-for- profit corporation or its subsidiaries as private and the disclosure of which would harm the business operations of the not-for-profit corporation or its subsidiaries;
5.Page 87 of 110 CODING:
Information relating to private contractual data, the disclosure of which would impair the competitive interest of the Page 87 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed provider1 of2018 the5. information;
Information relating to private contractual data, the disclosure of which would impair the competitive interest of the provider of the information;
The identity of donors or prospective donors of property who wish to remain anonymous or any information identifyingPage such88 donorsof or110 prospectiveCODING: donors.
The anonymity of these donors or prospective donors must be maintained in the Page 88 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 auditor'sidentifying report;such donors or prospective donors.
The anonymity of these donors or prospective donors must be maintained in the auditor's report;
public meetings exemption.— (2) The following information held by the corporation or Page 89 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 exemption.— (2) The following information held by the corporation or its subsidiary is confidential and exempt from s.
To this end, materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets,secrets businessas transactions,defined orin proprietarys. information received, generated, ascertained, or discovered during the course of activities conducted within the Florida College System Page 90 of 109 CODING:
688.01, business transactions, or Page 90 of 110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 proprietary information received, generated, ascertained, or discovered during the course of activities conducted within the Florida College System institutions shall be confidential and exempt from the provisions of s.
This section does not prohibit the office from investigating or examining an entity to ensure that it is not in violation of thisPage chapter91 or applicable provisions of the110 financialCODING: institutions codes.
Section 88.
Paragraph (c) of subsection (12) of section Page 91 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 721.13,this Floridachapter Statutes,or isapplicable amendedprovisions toof read:the financial institutions codes.
Section 88.
Paragraph (c) of subsection (12) of section 721.13, Florida Statutes, is amended to read:
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (a) LEVEL 1 Florida Felony Statute Degree Description Page 92 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 Florida Felony Statute Degree Description 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
320.26(1)(a)Page 3rd93 Counterfeit,of manufacture,110 orCODING: sell registration license plates or validation stickers.
Page 93 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 322.212320.26(1)(a) 3rd PossessionCounterfeit, ofmanufacture, forged,or stolen,sell (1)(a)-(c)registration counterfeit,license plates or unlawfullyvalidation issuedstickers. driver license;
322.212 3rd Possession of forged, stolen, (1)(a)-(c) counterfeit, or unlawfully issued driver license;
443.071(1) 3rd False statement or representation to obtain or increase reemployment assistancePage benefits.94 of 110 CODING:
509.151(1) 3rd Defraud an innkeeper, food or Page 94 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed lodging1 value2018 greaterassistance thanbenefits. $300.
509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
815.04(4)(a)Page 3rd95 Offenseof against110 intellectualCODING: 815.04(5)(a) property (i.e., computer programs, data).
Page 95 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 817.52(2)815.04(4)(a) 3rd HiringOffense withagainst intentintellectual to815.04(5)(a) defraud,property motor(i.e., vehiclecomputer services.programs, data).
817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
893.03(5)Page drugs.96 of 110 CODING:
832.041(1) 3rd Stopping payment with intent to Page 96 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed defraud1 $1502018 or893.03(5) more.drugs.
832.041(1) 3rd Stopping payment with intent to defraud $150 or more.
set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money Page 97 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
(c) LEVEL 3 Page 98 of 109110 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 (c) LEVEL 3 Florida Felony Statute Degree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
319.33(1)(a) 3rd Alter or forge any certificate ofPage title99 toof a110 motorCODING: vehicle or mobile home.
Page 99 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 319.33(1)(c)of 3rdtitle Procureto ora passmotor titlevehicle onor stolenmobile vehicle.home.
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
379.2431Page 3rd100 Taking,of disturbing,110 mutilating,CODING: (1)(e)5.
destroying, causing to be Page 100 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed destroyed,1 transferring,2018 selling,379.2431 offering3rd toTaking, sell,disturbing, molesting,mutilating, or(1)(e)5. harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
400.9935(4)(a) 3rd Operating a clinic, or offering or (b) services requiring licensure, withoutPage a101 license.of 110 CODING:
400.9935(4)(e) 3rd Filing a false license Page 101 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed application1 or2018 otherwithout requireda informationlicense. or failing to report information.
400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
626.902(1)(a)Page &102 3rdof Representing110 anCODING: unauthorized (b) insurer.
Page 102 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 697.08626.902(1)(a) & 3rd EquityRepresenting skimming.an unauthorized (b) insurer.
697.08 3rd Equity skimming.
812.0145(2)(c)Page 3rd103 Theft from person 65 years of age110 orCODING: older;
$300 or more but less than $10,000.
Page 103 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 815.04(4)(b)812.0145(2)(c) 2nd3rd ComputerTheft offensefrom devisedperson to65 815.04(5)(b)years defraudof age or obtainolder; property.
$300 or more but less than $10,000.
815.04(4)(b) 2nd Computer offense devised to 815.04(5)(b) defraud or obtain property.
817.2361 3rd Creating, marketing, or presentingPage a104 falseof or110 fraudulentCODING: motor vehicle insurance card.
Page 104 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 817.413(2)presenting 3rda Salefalse ofor usedfraudulent goodsmotor asvehicle new.insurance card.
817.413(2) 3rd Sale of used goods as new.
860.15(3)Page 3rd105 Overchargingof for110 repairsCODING: and parts.
Page 105 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, Engrossed 1 2018 870.01(2)860.15(3) 3rd Riot;Overcharging for repairs and parts.
870.01(2) 3rd Riot;
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9.,Page (3),106 or (4) drugs within 1,000 feet of public110 housingCODING: facility.
Page 106 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed 893.13(4)(c)1 3rd2018 Use(2)(c)9., (3), or hire(4) drugs within 1,000 feet of minor;public housing facility.
893.13(4)(c) 3rd Use or hire of minor;
893.13(7)(a)11.Page 107 of 110 CODING:
3rd Furnish false or fraudulent material information on any Page 107 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed document1 or2018 record893.13(7)(a)11. required by chapter 893.
3rd Furnish false or fraudulent material information on any document or record required by chapter 893.
893.13(8)(a)4.Page 108 of 110 CODING:
3rd Write a prescription for a controlled substance for a Page 108 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 459, 2018Engrossed patient,1 other2018 person,893.13(8)(a)4. or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
3rd Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
This act shall take effect upon becoming a law ifPage CS/CS/HB109 461of or110 similarCODING: legislation is adopted in the same legislative session or an extension thereof and becomes law.
Page 109 of 109 CODING:
hb0459-02-c2hb0459-03-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 4, Engrossed 1 2018 if CS/CS/HB 461 or similar legislation is adopted in the same legislative session or an extension thereof and becomes law.
Page 110 of 110 CODING:
Words stricken are deletions;
words underlined are additions.
hb0459-03-e1
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View plain text versions (4)
- H 459 e1 View text pdf
- H 459 c2 View text pdf
- H 459 c1 View text Current pdf
- Introduced H 459 Filed pdf
Action History
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Died in Governmental Oversight and Accountability
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Indefinitely postponed and withdrawn from consideration
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Received
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Referred to Governmental Oversight and Accountability; Appropriations; Rules
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In Messages
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CS passed as amended; YEAS 112 NAYS 2
-
Read 3rd time -HJ 651, 652
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Placed on 3rd reading
-
Amendment(s) adopted (435049, 795813)
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Read 2nd time
-
Placed on Special Order Calendar, 02/20/18
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Placed on Calendar
-
CS/CS by Government Accountability Committee read 1st time
-
Pending review of CS -under Rule 7.18(c)
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CS/CS by- Government Accountability Committee; YEAS 18 NAYS 0
-
On Committee agenda-- Government Accountability Committee, 02/08/18, 9:00 am, Morris Hall
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Now in Government Accountability Committee
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CS by Oversight, Transparency and Administration Subcommittee read 1st time -HJ 358, 359
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Pending review of CS under Rule 7.18(c)
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CS by Oversight, Transparency and Administration Subcommittee; YEAS 13 NAYS 0
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On Committee agenda-- Oversight, Transparency and Administration Subcommittee, 01/17/18, 8:30 am, Morris Hall
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Introduced
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Referred to Oversight, Transparency and Administration Subcommittee; Government Accountability Committee
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Filed
Sponsors
- Massullo · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No
Sponsors (1)
- Massullo
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 87 | 2 | 0 | 3 |
| Republican | 20 | 0 | 0 | 0 |
| Democrat | 5 | 0 | 0 | 0 |
| Total | 112 | 2 | 0 | 3 |
| % of votes cast | 96% | 2% | 0% | 3% |
How each member voted (117)
| Member | Party | Vote |
|---|---|---|
| Abruzzo | — | Yea |
| Gonzalez | — | Yea |
| Alexander | — | Yea |
| Grant, J. | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Caldwell | — | Yea |
| Slosberg | — | Yea |
| Clemons | — | Yea |
| Smith | — | Yea |
| Latvala | — | Yea |
| Cortes, B. | — | Yea |
| Lee | — | Yea |
| Cortes, J. | — | Yea |
| Sullivan | — | Yea |
| Diaz, M. | — | Yea |
| Moraitis | — | Yea |
| Watson, B. | — | Yea |
| Watson, C. | — | Yea |
| Nunez | — | Yea |
| Williams | — | Yea |
| Fitzenhagen | — | Yea |
| Altman | — | Not Voting |
| Ahern | — | Yea |
| Asencio | — | Yea |
| Ausley | — | Yea |
| Beshears | — | Nay |
| Bileca | — | Yea |
| Brown | — | Yea |
| Byrd | — | Yea |
| Corcoran | — | Yea |
| Cruz | — | Yea |
| Cummings | — | Yea |
| Diamond | — | Yea |
| Donalds | — | Yea |
| Drake | — | Yea |
| DuBose | — | Yea |
| Duran | — | Yea |
| Eagle | — | Yea |
| Edwards-Walpole | — | Yea |
| Fant | — | Yea |
| Fine | — | Yea |
| Fischer | — | Yea |
| Geller | — | Yea |
| Good | — | Yea |
| Goodson | — | Yea |
| Hager | — | Not Voting |
| Hardemon | — | Yea |
| Henry | — | Yea |
| Harrison | — | Yea |
| Ingoglia | — | Yea |
| Ingram | — | Yea |
| Jacobs | — | Yea |
| Jacquet | — | Yea |
| Jenne | — | Yea |
| Killebrew | — | Yea |
| Magar | — | Yea |
| Mariano | — | Yea |
| McGhee | — | Yea |
| Mercado | — | Yea |
| Metz | — | Not Voting |
| Moskowitz | — | Yea |
| Newton | — | Yea |
| Oliva | — | Yea |
| Olszewski | — | Yea |
| Payne | — | Yea |
| Pigman | — | Yea |
| Peters | — | Yea |
| Ponder | — | Yea |
| Porter | — | Yea |
| Pritchett | — | Yea |
| Raburn | — | Yea |
| Renner | — | Yea |
| Richardson | — | Yea |
| Rodrigues | — | Yea |
| Rommel | — | Yea |
| Roth | — | Yea |
| Russell | — | Yea |
| Santiago | — | Yea |
| Shaw | — | Yea |
| Silvers | — | Yea |
| Spano | — | Yea |
| Sprowls | — | Yea |
| Stafford | — | Yea |
| Stevenson | — | Yea |
| Stone | — | Yea |
| Toledo | — | Yea |
| Trujillo | — | Yea |
| Willhite | — | Yea |
| White | — | Yea |
| Williamson | — | Yea |
| La Rosa | — | Nay |
| Antone, Bruce Hadley | Democrat | Yea |
| Berman, Lori | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| Boyd, Jim | Republican | Yea |
| Brodeur, Jason | Republican | Yea |
| Burgess, Danny | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Miller, Monique | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 4 |
| Democrat | 1 | 0 | 0 | 0 |
| Republican | 2 | 0 | 0 | 1 |
| Total | 18 | 0 | 0 | 5 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (23)
| Member | Party | Vote |
|---|---|---|
| Abruzzo | — | Yea |
| Watson, B. | — | Yea |
| Watson, C. | — | Yea |
| Caldwell | — | Yea |
| Latvala | — | Yea |
| Raschein | — | Yea |
| Sullivan | — | Yea |
| Drake | — | Yea |
| Fant | — | Not Voting |
| Henry | — | Yea |
| Jacobs | — | Yea |
| Newton | — | Yea |
| Olszewski | — | Not Voting |
| Pigman | — | Yea |
| Rommel | — | Yea |
| Santiago | — | Not Voting |
| Stone | — | Yea |
| Willhite | — | Yea |
| Williamson | — | Not Voting |
| Smith, Carlos Guillermo | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| McClain, Stan | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 3 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 1 |
| Unaffiliated | 9 | 0 | 0 | 0 |
| Total | 13 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Sullivan | — | Yea |
| Drake | — | Yea |
| Edwards-Walpole | — | Yea |
| Ingoglia | — | Yea |
| Henry | — | Yea |
| Pigman | — | Yea |
| Rommel | — | Yea |
| Stone | — | Yea |
| Williamson | — | Yea |
| Daniels, Kimberly | Democrat | Not Voting |
| Davis, Tracie | Democrat | Yea |
| Burgess, Danny | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors HB 459?
- HB 459 is sponsored by Massullo.
- What is the current status of HB 459?
- This bill died with 2018 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 459?
- Track HB 459 free on One Click Politics — get push/email alerts when it moves.
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