OGSR/Trade Secret Held by an Agency
Florida makes general public-records exemption for agency-held trade secrets permanent, consolidating scattered exemptions
Florida Statutes affected
| s. 119.0715 | Trade secrets held by an agency. |
| s. 287.137 | Antitrust violations; denial or revocation of the right to transact business with public entities; denial of economic benefits. |
| s. 288.075 | Confidentiality of records. |
| s. 334.049 | Patents, copyrights, trademarks; notice to Department of State; confidentiality of trade secrets. |
| s. 408.185 | Information submitted for review of antitrust issues; confidentiality. |
| s. 409.91196 | Supplemental rebate agreements; public records and public meetings exemption. |
| s. 440.108 | Investigatory records relating to workers’ compensation employer compliance; confidentiality. |
| s. 497.172 | Public records exemptions; public meetings exemptions. |
| s. 501.171 | Security of confidential personal information. |
| s. 501.1735 | Protection of children in online spaces; public records exemption. |
| s. 501.2041 | Unlawful acts and practices by social media platforms. |
| s. 501.722 | Public records exemption. |
| s. 520.9965 | Confidentiality of information relating to investigations and examinations. |
| s. 548.062 | Public records exemption. |
| s. 559.5558 | Public records exemption; investigations and examinations. |
| s. 569.215 | Confidential records relating to tobacco settlement agreement. |
| s. 627.0628 | Florida Commission on Hurricane Loss Projection Methodology; public records exemption; public meetings exemption. |
| s. 1004.4472 | Florida Institute for Human and Machine Cognition, Inc.; public records exemption; public meetings exemption. |
Side-by-side: current law vs. the bill
s. 119.0715, F.S.
119.0715 Trade secrets held by an agency.—
(1) DEFINITION.—“Trade secret” has the same meaning as in s. 688.002.
(2) PUBLIC RECORD EXEMPTION.—A trade secret held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) AGENCY ACCESS.—An agency may disclose a trade secret to an officer or employee of another agency or governmental entity whose use of the trade secret is within the scope of his or her lawful duties and responsibilities.
(4) LIABILITY.—An agency employee who, while acting in good faith and in the performance of his or her duties, releases a record containing a trade secret pursuant to this chapter is not liable, civilly or criminally, for such release.
(5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2026, unless reviewed and saved from repeal through reenactment by the Legislature.
119.0715 Trade secrets held by an agency.—
(1) DEFINITION.—“Trade secret” has the same meaning as in s. 688.002.
(2) PUBLIC RECORD EXEMPTION.—A trade secret held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) AGENCY ACCESS.—An agency may disclose a trade secret to an officer or employee of another agency or governmental entity whose use of the trade secret is within the scope of his or her lawful duties and responsibilities.
(4) LIABILITY.—An agency employee who, while acting in good faith and in the performance of his or her duties, releases a record containing a trade secret pursuant to this chapter is not liable, civilly or criminally, for such release.
s. 287.137, F.S.
287.137 Antitrust violations; denial or revocation of the right to transact business with public entities; denial of economic benefits.—
(8)
(d) For purposes of this subsection, the term “proprietary business information” means information that:
1. Is owned or controlled by the business;
2. Is intended to be private and is treated by the business as private because disclosure would harm the business or its business operations;
3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public;
4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the Attorney General; and
5. Includes:
a. Trade secrets as defined in s. 688.002.
b. competitive interests, the disclosure of which would impair the competitive advantage of the business that is the subject of the information.
287.137 Antitrust violations; denial or revocation of the right to transact business with public entities; denial of economic benefits.—
(8)
(d) For purposes of this subsection, the term “proprietary business information” means information that:
1. Is owned or controlled by the business;
2. Is intended to be private and is treated by the business as private because disclosure would harm the business or its business operations;
3. Has not been disclosed except as required by law or a private agreement that provides that the information will not be released to the public;
4. Is not publicly available or otherwise readily ascertainable through proper means from another source in the same configuration as received by the Attorney General; and
5. Includes
competitive interests, the disclosure of which would impair the competitive advantage of the business that is the subject of the information.
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