Florida 2018 Regular Session Status: Passed House

HB 459 — Public Records

Last action — Died in Governmental Oversight and Accountability

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

2497 line(s) added, 2381 removed.

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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 A bill to be entitled An act relating to public records;
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 A bill to be entitled An act relating to public records;
202.195, Page 1 of 109 CODING:
202.195, Page 1 of 110 CODING:
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 F.S.;
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 F.S.;
deleting Page 2 of 109 CODING:
deleting Page 2 of 110 CODING:
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 provisions relating to a public records exemption for trade secrets held by the Florida Export Finance Corporation;
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 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 109 CODING:
deleting provisions relating to public records Page 3 of 110 CODING:
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 exemptions for trade secrets held by the Florida Public Service Commission;
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 exemptions for trade secrets held by the Florida Public Service Commission;
deleting a requirement that certain trade secret information Page 4 of 109 CODING:
deleting a requirement that certain trade secret information Page 4 of 110 CODING:
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 submitted to the Agency for Healthcare Administration be clearly designated as such;
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 submitted to the Agency for Healthcare Administration be clearly designated as such;
499.931, F.S., Page 5 of 109 CODING:
499.931, F.S., Page 5 of 110 CODING:
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 relating to maintenance of information held by the Department of Business and Professional Regulation that is deemed to be a trade secret;
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 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 109 CODING:
revising provisions specifying that certain Page 6 of 110 CODING:
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 information provided to the Department of Agriculture and Consumer Services does not constitute a trade secret;
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 information provided to the Department of Agriculture and Consumer Services does not constitute a trade secret;
authorizing the Office of Insurance Page 7 of 109 CODING:
authorizing the Office of Insurance Page 7 of 110 CODING:
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 Regulation to report certain information on an aggregate basis;
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 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 109 CODING:
655.0591, F.S., relating to trade secret documents held by the Office Page 8 of 110 CODING:
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 of Financial Regulation;
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 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 109 CODING:
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 110 CODING:
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 Machine Cognition, Inc.;
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 Machine Cognition, Inc.;
deleting provisions relating to public records exemptions for trade secrets and potential trade secrets held by the technology transfers centers at Florida College System institutions;
revising 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 109 CODING:
Page 10 of 110 CODING:
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 24(a), Art.
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 24(a), Art.
(a) The parties to the contract or agreement, or an addendum thereto.
(a) The parties to the contract or agreement, or an addendum 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.
and information obtained by the Division of Security pursuant to its investigations which is otherwise 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-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 Confidential information may be released to other governmental entities as needed in connection with the performance of their duties.
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 confidential.
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 109 CODING:
119.071 General exemptions from inspection or copying of public records.— (1) AGENCY ADMINISTRATION.— Page 12 of 110 CODING:
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 software is a trade secret, as defined in s.
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 (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 private agreement that provides that the information will not be released to the public.
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 Page 13 of 110 CODING:
Proprietary confidential business Page 13 of 109 CODING:
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 information includes, but is not limited to:
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 private agreement that provides that the information will not be 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 revenue as set forth in subsection (5).
(d) Undertake marketing research and advertising research studies and provide reservations services and convention and meetings booking services consistent with the authorized uses of Page 14 of 110 CODING:
1.
Information given to a county tourism promotion agency Page 14 of 109 CODING:
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 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.
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 revenue as set forth in subsection (5).
1.
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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.
Section 7.
Page 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-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 163.01 Florida Interlocal Cooperation Act of 1969.— (15) Notwithstanding any other provision of this section or of any other law except s.
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 Section 7.
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 efforts of the utility to contract for services on favorable terms;
information concerning bids or other contractual data, the disclosure of which would impair the Page 16 of 110 CODING:
employee personnel information unrelated to compensation, Page 16 of 109 CODING:
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 duties, qualifications, or responsibilities;
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 efforts of the 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 109 CODING:
Page 17 of 110 CODING:
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 site that are provided in the normal course of the local governmental entity's permitting process.
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 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.
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"Proprietor" means an alternative investment vehicle, a portfolio company in which the alternative investment vehicle is Page 18 of 109 CODING:
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 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.
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 5.
"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.
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Meeting materials of an alternative investment vehicle relating to financial, operating, or marketing Page 19 of 109 CODING:
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 information of the alternative investment vehicle.
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 c.d.
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 each alternative investment vehicle.
The dollar amount, on a fiscal-year-end basis, of cash distributions received by the State Board of Administration from Page 20 of 110 CODING:
e.
The dollar amount, on a fiscal-year-end basis, of cash Page 20 of 109 CODING:
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 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.
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 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 request to inspect or copy a record under s.
Notwithstanding the provisions of paragraph (b), a Page 21 of 110 CODING:
119.07(1) that contains proprietary confidential business information shall be Page 21 of 109 CODING:
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 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.
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 request to inspect or copy a record under 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 109 CODING:
(d) Any person may petition a court of competent Page 22 of 110 CODING:
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 (b).
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 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 the provisions of s.
Such information shall be confidential and exempt from Page 23 of 110 CODING:
119.07(1).
The commission shall not disclose such information except pursuant to a final Page 23 of 109 CODING:
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 determination under s.
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 the provisions of s.
119.07(1).
The commission shall not disclose such information except pursuant to a final determination under s.
Section 13.
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Subsection (7) of section 288.047, Florida Statutes, is amended to read:
Page 24 of 109 CODING:
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 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.
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 Section 13.
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, is amended to read:
Subsection (9) of section 288.1226, Florida Page 25 of 110 CODING:
288.1226 Florida Tourism Industry Marketing Corporation;
Page 25 of 109 CODING:
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 use of property;
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 Statutes, is 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 business applying for financial assistance.
Any individual signing any corporation loan application and loan or guarantee agreement shall have an equity in the Page 26 of 110 CODING:
2.
Each program shall exclusively support the export of Page 26 of 109 CODING:
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 goods and services by small and medium-sized businesses which are domiciled in this state.
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 business applying for financial assistance.
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 109 CODING:
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 Page 27 of 110 CODING:
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 confidential and exempt from the provisions of s.
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 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 that is owned or controlled by a proprietor;
"Proprietary confidential business information" means information that has been designated by the proprietor when provided to the Florida Opportunity Fund as information Page 28 of 110 CODING:
that is intended to be and is treated by the proprietor as private, the disclosure Page 28 of 109 CODING:
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 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;
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 that is owned or controlled by a proprietor;
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.
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Capital call and distribution notices to investors or the Florida Opportunity Fund of an alternative investment Page 29 of 109 CODING:
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 vehicle.
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 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 109 CODING:
The dollar amount, on a fiscal-year-end basis, of cash or other fungible distributions received by the Florida Page 30 of 110 CODING:
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 investment in each alternative investment vehicle.
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 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-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 alternative investment.
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 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 109 CODING:
That the proprietary confidential business Page 32 of 110 CODING:
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 maintain its privacy, and is not readily ascertainable or publicly available from any other source;
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 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 109 CODING:
The release of the record will not cause damage to Page 33 of 110 CODING:
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 entities, or the Florida Opportunity Fund.
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 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 requesting confidentiality under this statute, unless publicly released by the proprietor.
Financial statements and internal or external auditor reports of a proprietor corporation, partnership, or person Page 34 of 110 CODING:
Page 34 of 109 CODING:
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 b.c.
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 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 109 CODING:
Materials that relate to methods of manufacture or production, potential trade secrets, or patentable material Page 35 of 110 CODING:
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 universities and other publicly supported organizations in this state and that are provided to the institute by a proprietor.
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 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 109 CODING:
(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 Page 36 of 110 CODING:
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 declaration in the manner provided by s.
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 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 information sought to be released.
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 Page 37 of 110 CODING:
3.
In any order for the public release of a record under Page 37 of 109 CODING:
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 this subsection, the court shall make a finding that:
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 information sought to be released.
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, inform the person making the request of that determination.
If Space Florida determines that any information requested by the public will reveal a trade secret, it shall, in Page 38 of 110 CODING:
The determination is a final order as defined in Page 38 of 109 CODING:
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 s.
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 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 109 CODING:
confidentiality of business Page 39 of 110 CODING:
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 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.
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 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 109 CODING:
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 Page 40 of 110 CODING:
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 information will not be released to the public.
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 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 109 CODING:
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 Page 41 of 110 CODING:
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 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.
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 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.
368.108 Confidentiality;
Page 42 of 110 CODING:
discovery.— (3) "Proprietary confidential business information" means Page 42 of 109 CODING:
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 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.
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 368.108 Confidentiality;
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-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 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.
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 1.2.
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) Notwithstanding s.
403.7046 Regulation of recovered materials.— Page 44 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-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 section which, if disclosed, would reveal a trade secret, as defined in s.
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 (2) Notwithstanding 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 establishment to purchase, collect, transport, process, or receive source-separated recovered materials.
A local government may not enact any ordinance that prevents such a dealer from entering into a contract with a commercial Page 45 of 110 CODING:
Page 45 of 109 CODING:
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 (b)1.
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 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 109 CODING:
186.901, may Page 46 of 110 CODING:
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 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;
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 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 subject to the Open Government Sunset Review Act in accordance with s.
This subparagraph is Page 47 of 110 CODING:
119.15 and shall stand repealed on October 2, 2021, Page 47 of 109 CODING:
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 unless reviewed and saved from repeal through reenactment by the Legislature.
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 subject to the Open Government Sunset Review Act in accordance 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 109 CODING:
Data submitted shall be certified by the chief financial officer, an Page 48 of 110 CODING:
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 accurate.
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 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-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.
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 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 109 CODING:
public records Page 50 of 110 CODING:
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 pricing, and supplemental rebate, and other trade secrets as defined in s.
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 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, information in records relating to the investigation remains confidential and exempt from the provisions of s.
confidentiality.— (2) After an investigation is completed or ceases to be Page 51 of 110 CODING:
Page 51 of 109 CODING:
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 119.07(1) and s.
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 active, information in records relating to the investigation remains confidential and exempt from the provisions of s.
119.07(1) and s.
497.172 Public records exemptions;
Page 52 of 110 CODING:
public meetings exemptions.— Page 52 of 109 CODING:
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) TRADE SECRETS.—Trade secrets, as defined in s.
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 497.172 Public records exemptions;
public meetings exemptions.— (4) TRADE SECRETS.—Trade secrets, as defined in s.
(7) PRESCRIPTION DRUG PURCHASE LIST.— (b) Such portions of the information required pursuant to this subsection which are a trade secret, as defined in s.
(7) PRESCRIPTION DRUG PURCHASE LIST.— Page 53 of 110 CODING:
Page 53 of 109 CODING:
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 812.081, shall be maintained by the department as trade secret information is required to be maintained under s.
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 (b) Such portions of the information required pursuant to this subsection which are a trade secret, as defined in s.
812.081, shall be maintained by the department as trade secret information is required to be maintained under s.
I of the State Constitution as long as the information is held by the department.
I Page 54 of 110 CODING:
This paragraph is subject to the Open Government Page 54 of 109 CODING:
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 Sunset Review Act in accordance with s.
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 the State Constitution as long 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-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 subject of the information.
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 b.
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, Florida Statutes, is amended to read:
Paragraph (b) of subsection (1) of section Page 56 of 110 CODING:
520.9965 Confidentiality of information relating to Page 56 of 109 CODING:
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 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.
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 520.9965, Florida Statutes, is amended to read:
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 109 CODING:
If the Page 57 of 110 CODING:
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 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.
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 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, Florida Statutes, is amended to read:
Paragraph (e) of subsection (1) of section Page 58 of 110 CODING:
548.062 Public records exemption.— Page 58 of 109 CODING:
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 (1) As used in this section, the term "proprietary confidential business information" means information that:
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 548.062, Florida Statutes, is amended to read:
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-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 2.
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 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 or ceases to be active.
A complainant's personal identifying information is subject to disclosure after the investigation or examination is completed Page 60 of 110 CODING:
However, a complainant's personal financial and health information remains confidential and Page 60 of 109 CODING:
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 exempt.
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 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 109 CODING:
Page 61 of 110 CODING:
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 of its investigation or examination which is a trade secret, as defined in s.
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 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 Vegetables include, but are not limited to:
records.—The duties of the Division of Fruit and Page 62 of 110 CODING:
(3) Maintaining the records of the division.
The records Page 62 of 109 CODING:
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 of the division are public records.;
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 Vegetables include, but are not limited to:
(3) Maintaining the records of the division.
The records of the division are public records.;
records.— (8) The records of the Division of Consumer Services are public records.
records.— Page 63 of 110 CODING:
However, customer lists and, customer names, and Page 63 of 109 CODING:
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 trade secrets are confidential and exempt from the provisions of s.
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 (8) The records of the Division of 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 109 CODING:
601.10 Powers of the Department of Citrus.—The department Page 64 of 110 CODING:
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 state, which powers shall include, but are not limited to, the following:
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 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 109 CODING:
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 Page 65 of 110 CODING:
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 such citrus products through rebates and incentive payments to handlers and trade customers for these activities.
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 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 saved from repeal through reenactment by the Legislature.
119.15 and shall stand repealed on October 2, 2021, unless reviewed and Page 66 of 110 CODING:
Section 62.
Paragraph (c) of subsection (8) of section Page 66 of 109 CODING:
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 601.152, Florida Statutes, is amended to read:
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 saved from repeal through reenactment by 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 to read:
Section 601.76, Florida Statutes, is amended Page 67 of 110 CODING:
601.76 Manufacturer to furnish formula and other Page 67 of 109 CODING:
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 information.—Any formula required to be filed with the Department of Agriculture shall be deemed a trade secret as defined in s.
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 to read:
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 filing of an administrative, civil, or criminal proceeding.
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 Page 68 of 110 CODING:
An investigation does not cease to be active so long as the Page 68 of 109 CODING:
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 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.
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 filing of an administrative, civil, or criminal proceeding.
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 109 CODING:
Page 69 of 110 CODING:
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 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.
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 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 109 CODING:
For Page 70 of 110 CODING:
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 reasonable, good faith belief that it may lead to the filing of an administrative, civil, or criminal proceeding.
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 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 conducting a judicial proceeding to enforce an order or judgment entered pursuant to this section or chapter 895.
(c) In the course of filing, participating in, or Page 71 of 110 CODING:
Page 71 of 109 CODING:
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 (d) In the course of a criminal proceeding.
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 conducting a judicial proceeding to enforce an order or judgment entered pursuant to this section or chapter 895.
(d) In the course of a criminal proceeding.
Notwithstanding any other provision of law, information reported to and collected by the office may be made available on an aggregate basis.
Notwithstanding any Page 72 of 110 CODING:
The Page 72 of 109 CODING:
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 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.
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 other provision of law, information reported to and collected by the office may be made available on an aggregate basis.
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 controlling stock in a domestic stock insurer or controlling company, and which:
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 Page 73 of 110 CODING:
Page 73 of 109 CODING:
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 (c) Includes:
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 controlling 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 109 CODING:
(c) To the Actuarial Board for Counseling and Discipline Page 74 of 110 CODING:
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 procedures satisfactory to the office for preserving the confidentiality of the information;
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 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) Concerns:
Page 75 of 110 CODING:
1.
Business plans;
Page 75 of 109 CODING:
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 2.
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 (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 109 CODING:
626.9936 Access to records.— Page 76 of 110 CODING:
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 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:
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 (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 this paragraph is discussed is exempt from s.
688.01 by Page 77 of 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 this paragraph is discussed is exempt from s.
The closed meeting must Page 77 of 109 CODING:
The closed meeting must be recorded, and no portion of the 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-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 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;
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 1.
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 repeal through reenactment by the Legislature.
119.15 and shall stand repealed on October 2, 2018, unless reviewed and saved from Page 79 of 110 CODING:
Section 75.
Subsections (4), (5), (14), and (15) of Page 79 of 109 CODING:
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 section 655.057, Florida Statutes, are amended to read:
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 repeal through reenactment by the 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 enforcement and prosecutorial agencies.
(d) Reporting any suspected criminal activity, with supporting documents and information, to appropriate law Page 80 of 110 CODING:
(e) Furnishing information upon request to the Chief Page 80 of 109 CODING:
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 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.
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 enforcement and prosecutorial agencies.
(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.
Section 77.
Page 81 of 110 CODING:
Subsection (11) of section 663.533, Florida Statutes, is amended to read:
Page 81 of 109 CODING:
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 663.533 Applicability of the financial institutions codes.—A qualified limited service affiliate is subject to the financial institutions codes.
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 Section 77.
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 of s.
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 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 Page 82 of 109 CODING:
This subsection is subject to the Open Government Sunset Review Act in accordance with 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 patentable material, actual trade secrets, as defined in s.
To this end, materials that relate to methods of manufacture or production, potential trade secrets, potentially Page 83 of 110 CODING:
688.01, business transactions, or proprietary information Page 83 of 109 CODING:
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 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.
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 patentable material, actual trade secrets, as defined in 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 exempt from the provisions of s.
688.01, is discussed is Page 84 of 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 84 of 109 CODING:
(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.
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 109 CODING:
All Page 85 of 110 CODING:
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 portions of any contract containing trade secrets which are made confidential and exempt by s.
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 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 owned or controlled by the not-for-profit corporation or its subsidiaries;
As used in this paragraph, the term "proprietary confidential business information" means information, regardless of its form or characteristics, which is Page 86 of 110 CODING:
is intended to be and is treated by the not-for- Page 86 of 109 CODING:
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 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;
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 owned or controlled by 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-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 provider of the information;
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 5.
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 identifying such donors or prospective donors.
The identity of donors or prospective donors of property who wish to remain anonymous or any information Page 88 of 110 CODING:
The anonymity of these donors or prospective donors must be maintained in the Page 88 of 109 CODING:
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 auditor's report;
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 identifying 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 109 CODING:
public meetings Page 89 of 110 CODING:
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 its subsidiary is confidential and exempt from s.
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 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, business transactions, or proprietary information received, generated, ascertained, or discovered during the course of activities conducted within the Florida College System Page 90 of 109 CODING:
To this end, materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets as defined in s.
688.01, business transactions, or Page 90 of 110 CODING:
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 institutions shall be confidential and exempt from the provisions of s.
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 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 this chapter or applicable provisions of the financial institutions codes.
This section does not prohibit the office from investigating or examining an entity to ensure that it is not in violation of Page 91 of 110 CODING:
Section 88.
Paragraph (c) of subsection (12) of section Page 91 of 109 CODING:
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 721.13, Florida Statutes, is amended to read:
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 chapter or applicable provisions of 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 109 CODING:
offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (a) LEVEL 1 Page 92 of 110 CODING:
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 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
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 Florida Felony Statute Degree Description 24.118(3)(a) 3rd Counterfeit or altered state lottery ticket.
320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
Page 93 of 110 CODING:
Page 93 of 109 CODING:
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 322.212 3rd Possession of forged, stolen, (1)(a)-(c) counterfeit, or unlawfully issued driver license;
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 320.26(1)(a) 3rd Counterfeit, manufacture, or sell registration license plates or validation stickers.
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 assistance benefits.
443.071(1) 3rd False statement or representation to obtain or increase reemployment Page 94 of 110 CODING:
509.151(1) 3rd Defraud an innkeeper, food or Page 94 of 109 CODING:
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 lodging value greater than $300.
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 assistance benefits.
509.151(1) 3rd Defraud an innkeeper, food or lodging value greater than $300.
815.04(4)(a) 3rd Offense against intellectual 815.04(5)(a) property (i.e., computer programs, data).
Page 95 of 110 CODING:
Page 95 of 109 CODING:
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 817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
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 815.04(4)(a) 3rd Offense against intellectual 815.04(5)(a) property (i.e., computer programs, data).
817.52(2) 3rd Hiring with intent to defraud, motor vehicle services.
893.03(5) drugs.
Page 96 of 110 CODING:
832.041(1) 3rd Stopping payment with intent to Page 96 of 109 CODING:
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 defraud $150 or more.
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 893.03(5) 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 109 CODING:
set up, promote, etc., Page 97 of 110 CODING:
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 by means of lottery.
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 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 109 CODING:
Page 98 of 110 CODING:
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 Florida Felony Statute Degree Description 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.
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 (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 of title to a motor vehicle or mobile home.
319.33(1)(a) 3rd Alter or forge any certificate Page 99 of 110 CODING:
Page 99 of 109 CODING:
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 319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
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 title to a motor vehicle or mobile home.
319.33(1)(c) 3rd Procure or pass title on stolen vehicle.
379.2431 3rd Taking, disturbing, mutilating, (1)(e)5.
Page 100 of 110 CODING:
destroying, causing to be Page 100 of 109 CODING:
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 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.
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 379.2431 3rd Taking, disturbing, mutilating, (1)(e)5.
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, without a license.
400.9935(4)(a) 3rd Operating a clinic, or offering or (b) services requiring licensure, Page 101 of 110 CODING:
400.9935(4)(e) 3rd Filing a false license Page 101 of 109 CODING:
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 application or other required information or failing to report information.
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 without a license.
400.9935(4)(e) 3rd Filing a false license application or other required information or failing to report information.
626.902(1)(a) & 3rd Representing an unauthorized (b) insurer.
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Page 102 of 109 CODING:
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 697.08 3rd Equity skimming.
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 626.902(1)(a) & 3rd Representing an unauthorized (b) insurer.
697.08 3rd Equity skimming.
812.0145(2)(c) 3rd Theft from person 65 years of age or older;
Page 103 of 110 CODING:
$300 or more but less than $10,000.
Page 103 of 109 CODING:
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 815.04(4)(b) 2nd Computer offense devised to 815.04(5)(b) defraud or obtain property.
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 812.0145(2)(c) 3rd Theft from person 65 years of age or older;
$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 presenting a false or fraudulent motor vehicle insurance card.
817.2361 3rd Creating, marketing, or Page 104 of 110 CODING:
Page 104 of 109 CODING:
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 817.413(2) 3rd Sale of used goods as new.
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 presenting a false or fraudulent motor vehicle insurance card.
817.413(2) 3rd Sale of used goods as new.
860.15(3) 3rd Overcharging for repairs and parts.
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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 870.01(2) 3rd Riot;
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 860.15(3) 3rd 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., (3), or (4) drugs within 1,000 feet of public housing facility.
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., Page 106 of 110 CODING:
Page 106 of 109 CODING:
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 893.13(4)(c) 3rd Use or hire of minor;
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 (2)(c)9., (3), or (4) drugs within 1,000 feet of 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-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 document or record required by chapter 893.
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 893.13(7)(a)11.
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-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 patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
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 893.13(8)(a)4.
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 if CS/CS/HB 461 or similar legislation is adopted in the same legislative session or an extension thereof and becomes law.
This act shall take effect upon becoming a law Page 109 of 110 CODING:
Page 109 of 109 CODING:
hb0459-02-c2
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 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
View plain text versions (4)

Action History

  1. Died in Governmental Oversight and Accountability

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Governmental Oversight and Accountability; Appropriations; Rules

  5. In Messages

  6. CS passed as amended; YEAS 112 NAYS 2

  7. Read 3rd time -HJ 651, 652

  8. Placed on 3rd reading

  9. Amendment(s) adopted (435049, 795813)

  10. Read 2nd time

  11. Placed on Special Order Calendar, 02/20/18

  12. Placed on Calendar

  13. CS/CS by Government Accountability Committee read 1st time

  14. Pending review of CS -under Rule 7.18(c)

  15. CS/CS by- Government Accountability Committee; YEAS 18 NAYS 0

  16. On Committee agenda-- Government Accountability Committee, 02/08/18, 9:00 am, Morris Hall

  17. Now in Government Accountability Committee

  18. CS by Oversight, Transparency and Administration Subcommittee read 1st time -HJ 358, 359

  19. Pending review of CS under Rule 7.18(c)

  20. CS by Oversight, Transparency and Administration Subcommittee; YEAS 13 NAYS 0

  21. On Committee agenda-- Oversight, Transparency and Administration Subcommittee, 01/17/18, 8:30 am, Morris Hall

  22. Introduced

  23. Referred to Oversight, Transparency and Administration Subcommittee; Government Accountability Committee

  24. 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 112 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 87203
Republican 20000
Democrat 5000
Total 112203
% 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

Official roll call →

Passed 18 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 15004
Democrat 1000
Republican 2001
Total 18005
% 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

Official roll call →

Passed 13 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 3000
Democrat 1001
Unaffiliated 9000
Total 13001
% 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

Official roll call →

Subjects

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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?
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