HB 759 — Public Records

deleting provisions Pagerelating 6to public records exemptions for trade secrets held by the Office of 108Financial CODING:Regulation;

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 relating to public records exemptions for trade secrets held by the Office of Financial Regulation;

deleting provisions relating toPage public6 records exemptions for trade secrets held by the Division of Fruit107 andCODING: Vegetables;

Words stricken are deletions;

words underlined are additions.

hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 759 2019 to public records exemptions for trade secrets held by the Division of Fruit and Vegetables;

authorizing the Office of Insurance Regulation to make Pagecertain 7information ofavailable 108on CODING:an aggregate basis;

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 certain information available on an aggregate basis;

deleting provisions relating to public records exemptions for trade secretsPage held7 by the Office of Insurance107 Regulation;CODING:

Words stricken are deletions;

words underlined are additions.

hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 759 2019 secrets held by the Office of Insurance Regulation;

721.071, F.S., relating to trade secret material filed with the PageDivision 8of Florida Condominiums, Timeshares, and Mobile Homes of 108the CODING:Department of Business and Professional Regulation;

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation;

deletingPage a8 publicof records107 exemptionCODING: for certain trade secret information relating to offenses against intellectual property;

Words stricken are deletions;

words underlined are additions.

hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 759 2019 deleting a public records exemption for certain trade secret information relating to offenses against intellectual property;

revising provisions relating to public records exemptions for trade secrets and potential trade Pagesecrets 9held ofby 108the CODING:technology transfers centers at Florida College System institutions;

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 secrets held by the technology transfers centers at Florida College System institutions;

amending ss.Page 9 of 107 CODING:

Words stricken are deletions;

words underlined are additions.

hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 759 2019 ss.

Section 119.07135, Florida Statutes, is created to read:

119.07135 Agency contracts;

public records.— (1) Any contract or agreement, or an addendum thereto, to which an agency or an entity subject to this chapter is a party, is a public record, except that confidential or exempt information contained therein may be redacted prior to release of the contract or agreement, or an addendum thereto, if the specific statutory exemption is identified.

(2) Notwithstanding any other provision of law, the following information related to any contract or agreement, or an addendum thereto, with an agency or an entity subject to this chapter is not confidential or exempt from s.

119.07(1) and s.

24(a), Art.

I of the State Constitution:

(a) The parties to the contract or agreement, or an addendum thereto if the contract or agreement, or the addendum Page 10 of 108 CODING:

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 thereto, includes a provision requiring the agency or an entity subject to this chapter to expend funds.

(b) The amount of money paid, any payment structure or plan, expenditures, incentives, bonuses, fees, or penalties.

(c) The nature or type of the commodities or services purchased.

(d) Applicable contract unit prices and deliverables.

Section 2.

Confidential information may be released to other governmental entities as needed in connection with the performance of their Page 1110 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 entities as needed in connection with the performance of their duties.

Section 3.2.

Section 4.3.

812.081, and Agency-produced data processing software that is sensitive is Page 1211 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 Agency-produced data processing software that is sensitive is are exempt from s.

Section 5.4.

Page1. 13 of 108 CODING:

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 1.

1.2.Page 12 of 107 CODING:

Words stricken are deletions;

words underlined are additions.

hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 759 2019 1.2.

Section 6.5.

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 Page 1413 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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 7.6.

163.01 Florida Interlocal Cooperation Act of 1969.— (15) Notwithstanding any other provision of this section Page 1514 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (15) Notwithstanding any other provision of this section or of any other law except s.

and formulas, patterns, devices, combinations of devices, contract costs, or Page 1615 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 patterns, devices, combinations of devices, contract costs, or other information the disclosure of which would injure the affected entity in the marketplace.

Section 8.7.

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 Pagegovernmental 17entity's ofpermitting 108process. CODING:

Page 16 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 governmentalSection entity's8. permitting process.

Section 9.

"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 Page 1817 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 authorized officers, employees, agents, or successors in interest, which controls or owns information provided to the State Board of Administration.

Paged.e. 19 of 108 CODING:

Information regarding the portfolio positions in Page 18 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 d.e.which the alternative investment vehicles invest.

Information regarding the portfolio positions in which the alternative investment vehicles invest.

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 Page 2019 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 the remaining value of alternative-vehicle assets that are attributable to the State Board of Administration's investment in each alternative investment vehicle.

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 Page 2120 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

Any action under this paragraph must be brought in Leon County, Florida, and the petition or other initial pleading Page 2221 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 County, Florida, and the petition or other initial pleading shall be served on the State Board of Administration and, if determinable upon diligent inquiry, on the proprietor of the information sought to be released.

Section 10.9.

322 of EPCRA by the Administrator of the Environmental Protection Agency that such information is not Page 2322 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 Environmental Protection Agency that such information is not entitled to trade secret protection, or pursuant to an order of court.

Section 11.10.

Section 12.11.

Section 13.12.

288.047 Quick-response training for economic development.— (7) In providing instruction pursuant to this section, Page 2423 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (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.

Section 14.13.

Section 15.14.

audit.— (9) PUBLIC RECORDS EXEMPTION.—The identity of any person Page 2524 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (9) PUBLIC RECORDS EXEMPTION.—The identity of any person who responds to a marketing project or advertising research project conducted by the corporation in the performance of its duties on behalf of Enterprise Florida, Inc., is or trade secrets as defined by s.

Section 16.15.

Each program shall exclusively support the export of goods and services by small and medium-sized businesses which Pageare 26domiciled ofin 108this CODING:state.

Priority shall be given to goods Page 25 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 arewhich domiciledhave value added in this state.

Priority shall be given to goods which have value added in this state.

Section 17.16.

119.07(1) and Pages. 27 of 108 CODING:

24(a), Art.

I of the State Constitution, except that a Page 26 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 s.recipient of Enterprise Florida, Inc., research funds shall make available, upon request, the title and description of the research project, the name of the researcher, and the amount and source of funding provided for the project.

24(a),Section Art.17.

I of the State Constitution, except that a recipient of Enterprise Florida, Inc., research funds shall make available, upon request, the title and description of the research project, the name of the researcher, and the amount and source of funding provided for the project.

Section 18.

Section 19.18.

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 Page 2827 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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;

Pagef.g. 29 of 108 CODING:

Alternative investment agreements and related Page 28 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 f.g.records.

Alternative investment agreements and related records.

Pagef. 30 of 108 CODING:

The net internal rate of return of each alternative Page 29 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 f.investment vehicle since inception.

The net internal rate of return of each alternative investment vehicle since inception.

(3) PUBLIC MEETINGS EXEMPTION.— Page 3130 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (3) PUBLIC MEETINGS EXEMPTION.— (a) That portion of a meeting of the board of directors of the Florida Opportunity Fund at which information is discussed which is confidential and exempt under subsection (2) or s.

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 maintain its privacy, and is not readily ascertainable or Pagepublicly 32available offrom 108any CODING:other source;

and Page 31 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 publicly3.4. available from any other source;

and 3.4.

PageSection 3319. of 108 CODING:

Paragraph (b) of subsection (1), paragraph (a) Page 32 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 Sectionof 20.subsection (2), paragraph (a) of subsection (3), and paragraphs (b) and (c) of subsection (4) of section 288.9627, Florida Statutes, are amended to read:

Paragraph (b) of subsection (1), paragraph (a) of subsection (2), paragraph (a) of subsection (3), and paragraphs (b) and (c) of subsection (4) of section 288.9627, Florida Statutes, are amended to read:

Meeting materials related to financial, operating, investment, or marketing information of the proprietor Page 3433 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 investment, or marketing information of the proprietor corporation, partnership, or person.

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 universities and other publicly supported organizations in this Pagestate 35and ofthat 108are CODING:provided to the institute by a proprietor.

Page 34 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 state2. and that are provided to the institute by a proprietor.

2.

Page1. 36 of 108 CODING:

That the requested record contains proprietary Page 35 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 1.confidential business information and the specific location of such information within the record;

That the requested record contains proprietary confidential business information and the specific location of such information within the record;

Pagea. 37 of 108 CODING:

The record or portion thereof is not a trade secret as Page 36 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 a.defined in s.

The record or portion thereof is not a trade secret as defined in s.

Section 21.20.

Any meeting or portion of a meeting of Space PageFlorida's 38board ofis 108exempt CODING:from s.

Words stricken are deletions;

words underlined are additions.

hb0759-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 759 2019 Florida's board is exempt from s.

I ofPage the37 Stateof Constitution107 whenCODING: the board is discussing trade secrets as defined in s.

Words stricken are deletions;

words underlined are additions.

hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 759 2019 of the State Constitution when the board is discussing trade secrets as defined in s.

Section 22.21.

Section 23.22.

confidentiality of business 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 Page 3938 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 characteristics, obtained by the commission incident to the inquiry are considered confidential and exempt from s.

Section 24.23.

The term Pageincludes, 40but ofis 108not CODING:limited to:

Page 39 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 includes,(a) butTrade issecrets. not limited to:

(a)Section Trade24. secrets.

Section 25.

Section 26.25.

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 been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or Page 4140 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 provision, an order of a court or administrative body, or private agreement that provides that the information will not be released to the public.

Section 27.26.

Section 28.27.

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 Page 4241 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

Section 29.28.

Section 30.29.

Section 31.30.

688.01, information reported pursuant to this section or any rule adopted pursuant to this Page 4342 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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 Pagereceive 44source-separated ofrecovered 108materials. CODING:

Page 43 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 receive(b)1. 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 4544 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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 Pagewith 46s. of 108 CODING:

119.15 and shall stand repealed on October 2, 2021, Page 45 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 withunless s.reviewed and saved from repeal through reenactment by the Legislature.

119.15Section and31. shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature.

Section 32.

Section 33.32.

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 4746 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 of the insurer that the information submitted is true and accurate.

Section 34.33.

Section 35.34.

"Participant" means an individual who is eligible to Pageparticipate 48in ofthe 108program CODING:pursuant to paragraph (4)(b).

Page 47 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 participate4. in the program pursuant to paragraph (4)(b).

4.

Section 36.35.

public records and public meetings exemption.— (1) The rebate amount, percent of rebate, manufacturer's Page 4948 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (1) The rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate, and other trade secrets as defined in s.

Section 37.36.

confidentiality.— (2) After an investigation is completed or ceases to be active, information in records relating to the investigation Pageremains 50confidential ofand 108exempt CODING:from the provisions of s.

Page 49 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 remains119.07(1) confidential and exempt from the provisions of s.

119.07(1) and s.

Section 38.37.

Section 39.38.

public meetings exemptions.— Page 5150 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 exemptions.— (4) TRADE SECRETS.—Trade secrets, as defined in s.

Section 40.39.

Section 41.40.

(7) PRESCRIPTION DRUG PURCHASE LIST.— (b) Such portions of the information required pursuant to Pagethis 52subsection ofwhich 108are CODING:a trade secret, as defined in s.

Page 51 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 this812.081, subsectionshall whichbe aremaintained aby tradethe secret,department as definedtrade insecret information is required to be maintained under s.

812.081, shall be maintained by the department as trade secret information is required to be maintained under s.

Section 42.41.

Section 43.42.

I of the State Constitution as long as the information is held by Pagethe 53department. of 108 CODING:

This paragraph is subject to the Open Government Page 52 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 theSunset department.Review Act in accordance with s.

This paragraph is subject to the Open Government Sunset Review Act in accordance with s.

Section 44.43.

Section 45.44.

competitive interests, the disclosure of which would impair the competitive business of the covered entity who is the Page 5453 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 impair the competitive business of the covered entity who is the subject of the information.

Section 46.45.

Section 47.46.

Section 48.47.

520.9965 Confidentiality of information relating to Page 5554 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

Section 49.48.

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 5655 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

Section 50.49.

548.062 Public records exemption.— Page 5756 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 548.062 Public records exemption.— (1) As used in this section, the term "proprietary confidential business information" means information that:

Section 51.50.

Is intended to be and is treated by the member operator Pageas 58confidential; of 108 CODING:

Page 57 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 as2. confidential;

2.

Section 52.51.

However, a complainant's personal financial and health information remains confidential and Page 5958 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 financial and health information remains confidential and exempt.

Section 53.52.

Section 54.53.

560.129 Confidentiality.— (2) All information obtained by the office in the course Page 6059 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (2) All information obtained by the office in the course of its investigation or examination which is a trade secret, as defined in s.

Section 55.54.

Page(3) 61Maintaining the records of 108the CODING:division.

The records Page 60 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (3)of Maintaining the recordsdivision ofare thepublic division.records.;

The records of the division are public records.;

Section 56.55.

records.— (8) The records of the Division of Consumer Services are Pagepublic 62records. of 108 CODING:

However, customer lists and, customer names, and Page 61 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 publictrade records.secrets are confidential and exempt from the provisions of s.

However, customer lists and, customer names, and trade secrets are confidential and exempt from the provisions of s.

Section 57.56.

Section 58.57.

Section 59.58.

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 6362 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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:

Section 60.59.

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 6463 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 advertising, merchandising, publicity, and sales promotion of such citrus products through rebates and incentive payments to handlers and trade customers for these activities.

PageSection 6560. of 108 CODING:

Paragraph (c) of subsection (8) of section Page 64 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 Section601.152, 61.Florida Statutes, is amended to read:

Paragraph (c) of subsection (8) of section 601.152, Florida Statutes, is amended to read:

Section 62.61.

601.76 Manufacturer to furnish formula and other Page 6665 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

Section 63.62.

An investigation does not cease to be active so long as the Page 6766 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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 6867 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

Section 64.63.

For purposes of this section, an investigation shall be considered "active" while such investigation is being conducted with a Page 6968 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 "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 Pageentered 70pursuant ofto 108this CODING:section or chapter 895.

Page 69 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 entered(d) pursuantIn tothe thiscourse sectionof ora chaptercriminal 895.proceeding.

(d) In the course of a criminal proceeding.

Section 65.64.

Notwithstanding any other provision of law, information reported to and collected by Pagethe 71office ofmay 108be CODING:made available on an aggregate basis.

The Page 70 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 the office may bereport, madepublish, or otherwise make available such information from all insurers on an aggregate basis.basis by line of business and by county, even if marked trade secret pursuant to s.

The office may report, publish, or otherwise make available such information from all insurers on an aggregate basis by line of business and by county, even if marked trade secret pursuant to s.

Section 66.65.

Section 67.66.

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 Pagecompany, 72and ofwhich: 108 CODING:

Page 71 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 company,(c) andIncludes: 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 7372 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 of professional disciplinary proceedings and specifying procedures satisfactory to the office for preserving the confidentiality of the information;

Section 68.67.

Section 69.68.

Page1. 74 of 108 CODING:

Business plans;

Page 73 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 1.2.

Business plans;

2.

Section 70.69.

Section 71.70.

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 7574 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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:

or Section 72.71.

Page24(b), 76Art. of 108 CODING:

I of the State Constitution.

The closed meeting must Page 75 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 24(b),be Art.recorded, and no portion of the closed meeting may be off the record.

I of the State Constitution.

The closed meeting must be recorded, and no portion of the closed meeting may be off the record.

Section 73.72.

Is identified by the insurer as proprietary business information and is intended to be and is treated by the insurer Page 7776 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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;

Section 74.73.

limited restrictions upon public access.— (4) Except as otherwise provided in this section and except for those portions that are otherwise public record, Page 7877 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 except for those portions that are otherwise public record, trade secrets as defined in s.

(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 Pageas 79a ofqualified 108public CODING:depository pursuant to chapter 280.

Page 78 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 as(f) aFurnishing qualifiedinformation publicto depositoryFederal Home Loan Banks regarding its member institutions pursuant to chapteran 280.information sharing agreement between the Federal Home Loan Banks and the office.

(f) Furnishing information to Federal Home Loan Banks regarding its member institutions pursuant to an information sharing agreement between the Federal Home Loan Banks and the office.

Section 75.74.

Section 76.75.

Without limiting the foregoing, the following provisions are applicable to a qualified limited Page 8079 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 the following provisions are applicable to a qualified limited service affiliate:

Section 77.76.

Section 78.77.

(3)(4) A person who willfully, knowingly, and without Page 8180 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (3)(4) A person who willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation that is a trade secret as defined in s.

Section 79.78.

Section 80.79.

119.07(1), except that a division of sponsored research shall make Page 8281 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 except that a division of sponsored research shall make available upon request the title and description of a research project, the name of the researcher, and the amount and source of funding provided for such project.

Section 81.80.

(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 Page 8382 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 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.

688.01 paragraph (2)(c), shall become public 2 years after the termination or completion of the Pageterm 84 of 108the CODING:contract.

Page 83 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 termSection of81. the contract.

Section 82.

has not been intentionally disclosed by the corporation or its subsidiaries Page 8584 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 intentionally disclosed by the corporation or its subsidiaries unless pursuant to law, an order of a court or administrative body, a legislative proceeding pursuant to s.

Information relating to the proceedings and records of credentialing panels and committees and of the governing board Page 8685 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 credentialing panels and committees and of the governing board of the not-for-profit corporation or its subsidiaries relating to credentialing;

Any information received by the not-for-profit corporation or its subsidiaries from an agency in this or another state or nation or the Federal Government which is Page 8786 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 another state or nation or the Federal Government which is otherwise exempt or confidential pursuant to the laws of this or another state or nation or pursuant to federal law.

Section 83.82.

(a) Material relating to methods of manufacture or production, potential trade secrets, patentable material, actual Page 8887 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 production, potential trade secrets, patentable material, actual trade secrets as defined in s.

Section 84.83.

119.07(1), except that a Florida College System institution shall make available upon request the title and description of a project, the name of the Page 8988 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 request the title and description of a project, the name of the investigator, and the amount and source of funding provided for such project.

Section 85.84.

Section 86.85.

Section 87.86.

721.13 Management.— (12) Page 9089 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (12) (c) The managing entity shall maintain copies of all records, data, and information supporting the processes, analyses, procedures, and methods utilized by the managing entity in its determination to reserve accommodations of the timeshare plan pursuant to this subsection for a period of 5 years from the date of such determination.

Section 88.87.

offense severity ranking chart.— (3) OFFENSE SEVERITY RANKING CHART (a) LEVEL 1 Florida Felony Statute Degree Description 24.118(3)(a) 3rd Counterfeit or altered state Pagelottery 91ticket. of 108 CODING:

Page 90 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 lottery212.054(2)(b) ticket.3rd Discretionary sales surtax;

212.054(2)(b) 3rd Discretionary sales surtax;

322.212 3rd Possession of forged, stolen, (1)(a)-(c) counterfeit, or unlawfully Page 9291 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (1)(a)-(c) counterfeit, or unlawfully issued driver license;

Page 9392 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 517.302(1) 3rd Violation of the Florida Securities and Investor Protection Act.

817.52(2) 3rd Hiring with intent to defraud, Pagemotor 94vehicle ofservices. 108 CODING:

Page 93 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 motor817.569(2) vehicle3rd services.Use of public record or public records information or providing false information to facilitate commission of a felony.

817.569(2) 3rd Use of public record or public records information or providing false information to facilitate commission of a felony.

832.05(2)(b) & 3rd Knowing, making, issuing Page 9594 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 832.05(2)(b) & 3rd Knowing, making, issuing (4)(c) worthless checks $150 or more or obtaining property in return for worthless check $150 or more.

Page849.23 963rd ofGambling-related 108machines; CODING:

Page 95 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 849.23"common 3rdoffender" Gambling-relatedas machines;to property rights.

"common offender" as to property rights.

(c) LEVEL 3 Florida Felony Statute Degree Description Page 9796 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 119.10(2)(b) 3rd Unlawful use of confidential information from police reports.

Page 9897 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 319.33(4) 3rd With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.

destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine Page 9998 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.

400.9935(4)(e) 3rd Filing a false license application or other required information or failing to Pagereport 100information. of 108 CODING:

Page 99 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 440.1051(3) 3rd False report information.of workers' compensation fraud or retaliation for making such a report.

440.1051(3) 3rd False report of workers' compensation fraud or retaliation for making such a report.

790.15(3) 3rd Person directs another to Page 101100 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 790.15(3) 3rd Person directs another to discharge firearm from a vehicle.

815.04(4)(b) 2nd Computer offense devised to Page815.04(5)(b) 102defraud ofor 108obtain CODING:property.

Page 101 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 815.04(5)(b)817.034(4)(a)3. defraud or obtain property.

817.034(4)(a)3.

Page 103102 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 831.28(2)(a) 3rd Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument.

893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., Page 104103 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).

893.13(6)(a) 3rd Possession of any controlled substance other than felony Pagepossession 105 of 108cannabis. CODING:

Page 104 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 possession893.13(7)(a)8. of cannabis.

893.13(7)(a)8.

3rd Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or Page 106105 of 108107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 deceptive, untrue, or fraudulent representations in or related to the practitioner's practice.

918.13(1)(a) 3rd Alter, destroy, or conceal Pageinvestigation 107evidence. of 108 CODING:

Page 106 of 107 CODING:

hb0759-00hb0759-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 759 2019 investigation944.47 evidence.3rd Introduce contraband to (1)(a)1.

944.47 3rd Introduce contraband to (1)(a)1.

Section 89.88.

Page 108107 of 108107 CODING:

hb0759-00hb0759-01-c1