Meeting Packet - Commerce Committee (January 30, 2020)

Summary

A meeting packet for the Commerce Committee of the Florida House of Representatives, Thursday, January 30, 2020, 11:30 am to 1:30 pm, with Mike La Rosa as Chair. The agenda lists CS/HB 3 Preemption of Local Occupational Licensing, CS/HB 487 Fire Prevention and Control, CS/HB 511 Insulation Products, CS/HB 519 Private Property Rights Protection, HB 799 and CS/HB 801 Public Records. The staff analysis of CS/HB 3 states that the bill expressly preempts the licensing of occupations to the state and has an effective date of July 1, 2020. The packet also includes the text of CS/HB 801, whose last section takes effect upon becoming a law if HB 799 or similar legislation is adopted and becomes law.

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“Meeting Packet - Commerce Committee (January 30, 2020).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-30-2994-commerce-committee-meeting-packets-mtg12571-5d87a234be/, SHA-256 25abb37500fa392592a2dc029f9785bc6c4eb845d222a897f5064d8d36378a9c.

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Commerce Committee

Thursday, January 30, 2020
11:30 AM -1:30 PM
Webster Hall (212 Knott)

Meeting Packet

Jose Oliva Mike La Rosa
Speaker Chair
The Florida House of Representatives
Commerce Committee

Jose Oliva Mike La Rosa
Speaker Chair
Meeting Agenda

Thursday, January 30, 2020
11:30 am-1:30 pm
Webster Hall (212 Knott)

I. Call to Order

II. Roll Call

Ill. Welcome and Opening Remarks

IV. Consideration of the following bill(s):

CS/HB 3 Preemption of Local Occupational Licensing by Business & Professions
Subcommittee, Grant, M.

CS/HB 487 Fire Prevention and Control by Government Operations &
Technology Appropriations Subcommittee, Fetterhoff

CS/HB 511 Insulation Products by Business & Professions Subcommittee, Fine

CS/HB 519 Private Property Rights Protection by Civil Justice Subcommittee,
Grant, J.

HB 799 Pub. Rec./Trade Secrets by Gregory

CS/HB 801 Public Records by Oversight, Transparency & Public Management
Subcommittee, Gregory

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 3 Preemption of Local Occupational Licensing
SPONSOR(S): Business & Professions Subcommittee, Grant, M.
TIED BILLS: IDEN./SIM. BILLS: SB 1336

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee 12 Y, 2 N, As Wright Anstead
cs
2) Commerce Committee Wright Hamon

SUMMARY ANALYSIS

The Florida Constitution grants local governments broad home rule authority. Non-charter county governments
may exercise those powers of self-government that are provided by general or special law. Those counties
operating under a county charter have all powers of self-government not inconsistent with general law or
special law approved by vote of the electors. Likewise, municipalities have governmental, corporate, and
proprietary powers that enable them to conduct municipal government, perform functions, provide services,
and exercise any power for municipal purposes, except as otherwise provided by law.

General law directs a number of state agencies and licensing boards to regulate many professions and
occupations. General law can also authorize or preempt local regulation of professions and occupations, which
is typically done specifically and individually by subject matter, business type, or occupation.

The bill expressly preempts the licensing of occupations to the state and supersedes any local government
licensing of occupations. However, any licensing of occupations adopted prior to July 1, 2020, will continue to
be effective until July 1, 2022, at which time it will expire. Any licensing of occupations authorized by general
law is exempt from the preemption.

The bill specifically prohibits local governments from requiring a license for a person whose job scope does not
substantially correspond to that of a contractor or journeyman type licensed by the Construction Industry
Licensing Board, within the Department of Business and Professional Regulation, and specifically precludes
local governments from requiring a license for: painting, flooring, cabinetry, interior remodeling, driveway or
tennis court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing,
caulking, canvas awning installation, and ornamental iron installation.

The bill also expressly authorizes counties and municipalities to issue journeyman licenses in the plumping,
pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades, which is the
current practice by counties and municipalities.

The bill does not appear to have a fiscal impact on the state, but may have an indeterminate fiscal impact on
local governments.

The bill has an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A EFFECT OF PROPOSED CHANGES:
Present Situation

Local Government Authority

Likewise, municipalities 3 have those governmental, corporate, and proprietary powers that enable them
to conduct municipal government, perform functions, provide services, and exercise any power for
municipal purposes, except as otherwise provided by law. 4

A "special district" is a unit of local government created for a particular purpose, with jurisdiction to
operate within a limited geographic boundary. Special districts are created by general law, 5 special act, 6
local ordinance,7 or by rule of the Governor and Cabinet. 8 A special district has only those powers
expressly provided by, or reasonably implied from, the authority provided in the district's charter.
Special districts provide specific municipal services in addition to, or in place of, those provided by a
municipality or county. 9

A "dependent special district" is a special district where the membership of the governing body is
identical to the governing body of a single county or municipality, all members of the governing body
are appointed by the governing body of a single county or municipality, members of the district's
governing body are removable at will by the governing body of a single county or municipality, or the
district's budget is subject to the approval of the governing body of a single county or municipality. 10 An
"independent special district" is any district that is not a dependent special district. 11

1
Art. VIII, s. 1(f), Fla. Const.
2 Art. VIII, s. 1(g}, Fla. Const.
3
A municipality is a local government entity created to perform functions and provide services for the particular benefit of the population
within the municipality, in addition to those provided by the county. The term "municipality" may be used interchangeably with the terms
"town," "city," and "village."
4
Art. VIII, s. 2(b), Fla. Const. See also s. 166.021(1), F.S.
5
Section 189.031(3), F.S.
6 Id.
7
S. 189.02(1), F.S.
8
S. 190.005(1), F.S. See, generally, s. 189.012(6), F.S.
9 2018- 2020 Local Gov't Formation Manual, p. 62,

https://myfloridahouse. gov/Sections/Documents/loaddoc.aspx?Pub licationType=Committees&Committee Id=3 025&Session=20 19&0
ocumentType=General%20Publications&FileName=2018-2020%20Local%20Govemment%20Formation%20Manual%20Final.pdf
(last visited Dec 19, 2019).
10 S. 189.012(2), F.S.
11 S. 189.012(3), F.S.

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Revenue Sources Authorized in the Florida Constitution 12

The Florida Constitution limits the ability of local governments to raise revenue for their operations. The
Florida Constitution provides:

No tax shall be levied except in pursuance of law. No state ad valorem taxes 13
shall be levied upon real estate or tangible personal property. All other forms of
taxation shall be preempted to the state except as provided by general law. 14

Counties, school districts, and municipalities shall, and special districts may, be
authorized by law to levy ad valorem taxes and may be authorized by general
law to levy other taxes, for their respective purposes, except ad valorem taxes on
intangible personal property and taxes prohibited by this constitution. 15

However, not all local government revenue sources are taxes requiring general law authorization.
When a county or municipal revenue source is imposed by ordinance, the question is whether the
charge is a valid assessment or fee. As long as the charge is not deemed a tax, the imposition of the
assessment or fee by ordinance is within the constitutional and statutory home rule powers of county
and municipal governments. If the charge is not a valid assessment or fee, it is deemed a revenue
source requiring general law authorization.

Revenue Sources Based on Home Rule Authority

Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and
special assessments to pay the cost of providing a facility or service or regulating an activity. A
regulatory fee should not exceed the regulated activity's cost and is generally required to be applied
solely to the regulated activity's cost for which the fee is imposed. 16

Preemption

State preemption precludes a local government from exercising authority in a particular area, and
requires consistency with the state constitution or state statute. 17 A local government enactment may
be found inconsistent with state law if (1) the Legislature has preempted a particular subject area to the
state or (2) the local regulation conflicts with a state statute. 18

Florida law recognizes two types of preemption: express and implied. Express preemption requires a
specific legislative statement; it cannot be implied or inferred. 19 Express preemption of a field by the
Legislature must be accomplished by clear language stating that intent. 20 When local ordinances have
been enacted in the face of state preemption, the effect has been to find such ordinances null and
void. 21

12
The Florida Legislature, Office of Economic and Demographic Research, 2019 Local Government Financial Information Handbook, p.
1, http://edr.state.fl.us/Content/Iocal-govemment/reports/lgfih 19.pdf (Jan. 8, 2020).
13
"Ad valorem tax" means a tax based upon the assessed value of property." Section 192.001(1), F.S.
14 Art. VII, s. 1(a), Fla. Const.
15
Art. VII, s. 9(a), Fla. Const.
16
EDR, supra note 12, at 9.
17
James R. Wolf and Sarah Harley Bolinder, The Effectiveness of Home Rule: A Preemption and Conflict Analysis, 83 Fla. B.J. 92
(June 2009), available at https://www.floridabar.org/the-florida-bar-journal/the-effectiveness-of-home-rule-a-preemption-and-conflict-
analysis/ (last visited Jan 8, 2020).
18 Id.
19 See City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006); Phantom of Clearwater, Inc. v. Pinellas County, 894 So. 2d

1011, 1018 (Fla. 2d DCA 2005), approved in Phantom of Brevard, Inc. v. Brevard County, 3 So. 3d 309 (Fla. 2008).
20 Mulligan, 934 So. 2d at 1243.
21 See, e.g., Nat'/ Rifle Ass'n of Am., Inc. v. City of S. Miami, 812 So.2d 504 (Fla. 3d DCA 2002).

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Implied preemption is a legal doctrine created to address those situations in which the courts may have
been concerned by the legislature's failure to expressly preempt areas which, for all intents and
purposes, seemed dominated by the state. Findings of implied preemption are for a very narrow class
of areas in which the state has legislated pervasively. 22

Professions and Occupations

General law directs a number of state agencies and licensing boards to regulate certain professions
and occupations. For example, the Department of Business and Professional Regulation (DBPR)
currently regulates approximately 25 professions and occupations. 23

General law determines whether local governments are able to regulate occupations and businesses,
and to what degree. 24 If state law preempts regulation for an occupation, then, generally, local
governments may not regulate that occupation. 25 For example, Florida law currently preempts local
regulation with regard to the following:
• assessing local fees associated with providing proof of licensure as a contractor, , or providing,
recording, or filing evidence of worker's compensation insurance coverage by a contractor; 26
• assessing local fees and rules regarding low-voltage alarm system projects; 27
• tobacco and nicotine products; 28
• firearms, weapons, and ammunition; 29
• employment benefits; 30
• polystyrene products;31
• public lodging establishments and public food service establishments; 32 and
• disposable plastic bags. 33

Conversely, Florida law also specifically grants local jurisdictions the right to regulate businesses,
occupations and professions in certain circumstances. 34 For example, Florida law specifically
authorizes regulations relating to:
• zoning and land use;
• the levy of "reasonable business, professional, and occupational regulatory fees, commensurate
with the cost of the regulatory activity, including consumer protection, on such classes of
businesses, professions, and occupations, the regulation of which has not been preempted by
the state or a county pursuant to a county charter''; 35
• the levy of local business taxes; 36
• building code inspection fees; 37
• tattoo establishments; 38
• massage practices; 39

22
Wolf and Bolinder, supra note 17.
23
S. 20.165, F.S.
24
Art. VIII, s. 1(f), Fla. Const.; Art. VII, s. 9(a), Fla. Const.; Art. VIII, s. 2(b), Fla. Const.; s. 166.021(1), F.S.
25
Id.; Wolf and Bolinger, supra note 17.
26 S. 553.80(7)(d), F.S.

27 S. 489.503(14), F.S.
28 Ch. 569, F.S., ands. 386.209, F.S.
29 S. 790.33(1), F.S.
30 S. 218.077, F.S.
31 S. 500.90, F.S.
32 S. 509.032, F.S.
33 S. 403.7033, F.S.
34
Supra note 25.
35
S. 166.221, F.S.
36
Ch. 205, F.S.
37
S. 166.222, F.S.
38
S. 381.00791, F.S.
39 S. 480.052, F.S.
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• child care facilities; 40
• taxis and other vehicles for hire; 41 and
• waste and sewage collection. 42

Construction Professional Licenses

Chapter 489, F.S., relates to "contracting," with part I addressing the licensure and regulation of
construction contracting, and part II addressing the licensure and regulation of electrical and alarm
system contracting.

Construction contractors are either certified or registered by the Construction Industry Licensing Board
(GILB) housed within DBPR. The GILB consists of 18 members who are appointed by the Governor
and confirmed by the Senate. The GILB meets to approve or deny applications for licensure, review
disciplinary cases, and conduct informal hearings relating to discipline. 43

"Certified contractors" are individuals who pass the state competency examination and obtain a
certificate of competency issued by DBPR. Certified contractors are able to obtain a certificate of
competency for a specific license category and are permitted to practice in that category in any
jurisdiction in the state. 44

"Certified specialty contractors" are contractors whose scope of work is limited to a particular phase of
construction, such as drywall or demolition. Certified specialty contractor licenses are created by the
GILB through rulemaking. Certified specialty contractors are permitted to practice in any jurisdiction in
the state.

"Registered contractors" are individuals that have taken and passed a local competency examination
and can practice the specific category of contracting for which he or she is approved, only in the local
jurisdiction for which the license is issued. 45

40 S. 402.306, F.S
41 S. 125.01(1)(n), F.S.

42 S. 125.01(1)(k), F.S.
43 S. 489.107, F.S.
44
S. 489.105, F.S.
45
S. 489.103, F.S.
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The CILB licenses the following types of contractors: 46

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• Air Conditioning- Classes A, B, and C • Drywall
• Building • Demolition
• General • Gas Line
• Internal Pollutant Storage Tank Lining • Glass and Glazing
Applicator • Industrial Facilities
• Mechanical • Irrigation
• Plumbing • Marine
• Pollutant Storage Systems • Residential Pool/Spa Servicing
• Pool/Spa- Classes A, B, and C • Solar Water Heating
• Precision Tank Tester • Structure
• Residential • Swimming Pool Decking
• Roofing • Swimming Pool Excavation
• Sheet Metal • Swimming Pool Finishes
• Solar • Swimming Pool Layout
• Underground Excavation • Swimming Pool Piping
• Swimming Pool Structural
• Swimming Pool Trim
• Tower

Current law provides that local jurisdictions may approve or deny applications for licensure as a
registered contractor, review disciplinary cases, and conduct informal hearings relating to discipline of
registered contractors licensed in their jurisdiction. 47 Local jurisdictions are not barred from issuing and
requiring construction licenses that are outside the scope of practice for a certified contractor or
certified specialty contractor, such as painting and fence erection licenses. Local governments may
only collect licensing fees that cover the cost of regulation. 48

Locally registered contractors that are required to hold a contracting license to practice their profession
in accordance with state law must register with DBPR after obtaining a local license. However, persons
holding a local construction license whose job scope does not substantially correspond to the job scope
of a certified contractor or a certified specialty contractor are not required to register with DBPR. 49

Electrical contractors, alarm system contractors, and electrical specialty contractors are certified or
registered under the ECLB. Certified contractors can practice statewide and are licensed and regulated
by ECLB. Registered contractors are licensed and regulated by a local jurisdiction and may only
practice within that locality. 50

Electrical contractors are contractors who have the ability to work on electrical wiring, fixtures,
appliances, apparatus, raceways, and conduits which generate, transmit, transform, or utilize electrical
energy in any form. The scope of an electrical contractor's license includes alarm system work. 51

Alarm system contractors are contractors who are able to lay out, fabricate, install, maintain, alter,
repair, monitor, inspect, replace, or service alarm systems. An "alarm system" is defined as "any

46
S. 489.105(a)-(q), F.S.; Rr. 61G4-15.015-040, F.A.C.
47
Ss. 489.117, 489.131 F.S.
48
EDR, supra note 12, at 9.
49 Ss. 489.105, & 489.117(4), F.S.
50 See generally s. 489.505, F.S.
51
Ss. 489.505(12), & 489.537(7), F.S.
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electrical device, signaling device, or combination of electrical devices used to signal or detect a
burglary, fire, robbery, or medical emergency." 52

Electrical certified specialty contractors are contractors whose scope of work is limited to a particular
phase of electrical contracting, such as electrical signs. The ECLB creates electrical certified specialty
contractor licenses through rulemaking. Certified electrical specialty contractors can practice statewide.
The ECLB has created the following certified specialty contractor licenses:
• Lighting maintenance specialty contractor;
• Sign specialty electrical contractor;
• Residential electrical contractor;
• Limited energy systems specialty contractor; and
• Utility line electrical contractor. 53

Journeyman

A journeyman is a skilled worker in a building trade or craft. There is no state requirement for licensure
as a journeyman, but the construction and electrical contractor practice acts account for the fact that
counties and municipalities issue journeyman licenses. A person with a journeyman license must
always work under the supervision of a licensed contractor, but the state does not regulate journeymen
activities or issue journeymen licenses. 54

However, ch. 489, F.S., allows tradesman to be licensed as a journeyman in one local jurisdiction and
work in multiple jurisdictions without having to take another examination or pay an additional licensing
fee to qualify to work in the other jurisdictions (county or municipality). Specifically, s. 489.1455(1) of
part I, F.S., specifies:
• An individual who holds a valid, active journeyman license in the plumbing/pipe fitting,
mechanical, or HVAC trades issued by any county or municipality in this state may work as a
journeyman in the trade in which he or she is licensed in any county or municipality of this state
without taking an additional examination or paying an additional license fee.

The statutory criteria for licensure reciprocity between local jurisdictions for journeymen include: 55
• scoring at least 75 percent on an approved proctored examination for that construction trade;
• completing a registered apprenticeship program and demonstrating verifiable practical
experience in the particular trade;
• completing coursework approved by the Florida Building Commission specific to the discipline;
and
• not having a license suspended or revoked within the last 5 years.

Effect of the Bill

The bill defines the following terms:
• "Local government" means a county, municipality, special district, or political subdivision of the
state.
• "Occupation" means a paid job, profession, work, line of work, trade, employment, position,
post, career, field, vocation, or craft.
• "Licensing" means any training, education, test, certification, registration, or license that is
required for a person to perform an occupation along with any associated fee.

The bill expressly preempts occupational licensing to the state. This preemption supersedes any local
government licensing requirement of occupations unless:

52 S. 489.505(1)-(2), F.S.
53 S. 489.505(19), & 489.511 (4), F.S; Rule 61 G6-7.001, F.A.C.
54
Ss. 489.103, 489.1455, 489.503, & 489.5335, F.S.
55 S. 489.1455, F.S. A similar reciprocity option applies to journeyman in the electrical trades. S. 489.5335, F.S.
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• the licensing of occupations by local governments is authorized by general law; or
• the local licensing scheme for an occupation was imposed before July 1, 2020. However, any
such local licensing scheme expires on July 1, 2022.

The bill prohibits local governments that license an occupation that qualifies for the exemption until July
1, 2022, from imposing additional licensing requirements on that occupation and from modifying such
licensing.

The bill provides that any local licensing of an occupation not authorized under the provisions of the bill
or otherwise authorized by general law does not apply and may not be enforced.

The bill provides that the preemption applies to licensing that is outside the scope of state contractor
licensing provisions. Specifically, it provides that a county or municipality may not require a license for a
person whose job scope does not substantially correspond to a contractor category licensed by the
CILB. The bill specifically precludes counties and municipalities from requiring a license for certain job
scopes, including, but not limited to, painting, flooring, cabinetry, interior remodeling, driveway or tennis
court installation, decorative stone, tile, marble, granite, or terrazzo installation, plastering, stuccoing,
caulking, canvas awning installation, and ornamental iron installation.

The bill also expressly authorizes counties and municipalities to issue journeyman licenses in the
plumping, pipe fitting, mechanical and HVAC trades, as well as, the electrical and alarm system trades,
which is the current practice by counties and municipalities. The licensing of those specific local
journeyman is exempt from the preemption in the bill.

B. SECTION DIRECTORY:
Section 1 Creates s. 163.21, F.S., relating to licensing of occupations preempted to the state.

Section 2 Amends s. 489.117, F.S., relating to registration; specialty contractors.

Section 3 Amends s. 489.1455, F.S., relating to journeyman; reciprocity; standards.

Section 4 Amends s. 489.5335, F.S., relating to journeyman; reciprocity; standards.

Section 5 Provides an effective date of July 1, 2020.

11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill will have an indeterminate positive impact on the private sector. Workers may have to pay less
in licensing and examination fees in some local jurisdictions. There may be an increase in the number
of people in the workforce practicing their chosen professions.

D. FISCAL COMMENTS:
The fiscal impact of the bill on local governments is indeterminate.

Ill. COMMENTS

A CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill neither authorizes nor requires administrative rulemaking by executive branch agencies.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On January 15, 2020, the Business & Professions Subcommittee adopted an amendment and reported the bill
favorably as a committee substitute. The amendment clarified the definition for "licensing."

This analysis is drafted to the committee substitute as passed by the Business & Professions subcommittee.

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FLORIDA H O U S E 0 F REPRESENTATIVES

CS/HB 3 2020

1 A bill to be entitled
2 An act relating to preemption of local occupational
3 licensing; creating s. 163.211, F.S.; providing
4 definitions; preempting licensing of occupations to
5 the state; providing exceptions; prohibiting local
6 governments from imposing additional licensing
7 requirements or modifying licensing unless specified
8 conditions are met; specifying that certain local
9 licensing that does not meet specified criteria does
10 not apply and may not be enforced; amending s.
11 489.117, F.S.; specifying that certain specialty
12 contractors are not required to register with the
13 Construction Industry Licensing Board; prohibiting
14 local governments from requiring certain specialty
15 contractors to obtain a license under specified
16 circumstances; specifying job scopes for which a local
17 government may not require a license; amending ss.
18 489.1455 and 489.5335, F.S.; authorizing counties and
19 municipalities to issue certain journeyman licenses;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 163.211, Florida Statutes, is created
25 to read:

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CS/HB 3 2020

26 163.211 Licensing of occupations preempted to state.-
27 (1) DEFINITIONS.-As used in this section:
28 (a) "Licensing" means any training, education, test,
29 certification, registration, or license that is required for a
30 person to perform an occupation in addition to any associated
31 fee.
32 (b) "Local government" means a county, municipality,
33 special district, or political subdivision of the state.
34 (c) "Occupation" means a paid job, profession, work, line
35 of work, trade, employment, position, post, career, field,
36 vocation, or craft.
37 (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.-The
38 licensing of occupations is expressly preempted to the state and
39 this section supersedes any local government licensing
40 requirement of occupations with the exception of the following:
41 (a) Any local government that imposed licenses on
42 occupations before July 1, 2020. However, any such local
43 government licensing of occupations expires on July 1, 2022.
44 (b) Any local government licensing of occupations
45 authorized by general law.
46 (3) EXISTING LICENSING LIMIT.-A local government that
47 licenses occupations and retains such licensing as set forth in
48 paragraph (2) (a) may not impose additional licensing
49 requirements on that occupation or modify such licensing.
50 (4) LOCAL LICENSING NOT AUTHORIZED.-Local licensing of an

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CS/HB 3 2020

51 occupation that is not authorized under this section or
52 otherwise authorized by general law does not apply and may not
53 be enforced.
54 Section 2. Paragraph (a) of subsection (4) of section
55 489.117, Florida Statutes, is amended to read:
56 489.117 Registration; specialty contractors.-
57 ( 4) (a) A person holding a local license whose job scope
58 does not substantially correspond to either the job scope of one
59 of the contractor categories defined ins. 489.105(3) (a)-(o), or
60 the job scope of one of the certified specialty contractor
61 categories established by board rule, is not required to
62 register with the board to perform contracting activities Hithin
63 the scope of such specialty license. A local government, as
64 defined ins. 163.21(1), may not require a person to obtain a
65 license for a job scope which does not substantially correspond
66 to the job scope of one of the contractor categories defined in
67 s. 489.105(3) (a)-(o) and (q) or authorized ins. 489.1455(1).
68 For purposes of this section, job scopes for which a local
69 government may not require a license include, but are not
70 limited to, painting, flooring, cabinetry, interior remodeling,
71 driveway or tennis court installation, decorative stone, tile,
72 marble, granite, or terrazzo installation, plastering,
73 stuccoing, caulking, canvas awning, and ornamental iron
74 installation.
75 Section 3. Section 489.1455, Florida Statutes, is amended

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CS/HB 3 2020

76 to read:
77 489.1455 Journeyman; reciprocity; standards.-
78 (1) Counties and municipalities are authorized to issue
79 journeyman licenses in the plumbing, pipe fitting, mechanical,
80 or HVAC trades.
81 J1.l+±+ An individual who holds a valid, active journeyman
82 license in the plumbing, pipe fitting plumbing/pipe fitting,
83 mechanical, or HVAC trades issued by any county or municipality
84 in this state may work as a journeyman in the trade in which he
85 or she is licensed in any county or municipality of this state
86 without taking an additional examination or paying an additional
87 license fee, if he or she:
88 (a) Has scored at least 70 percent, or after October 1,
89 1997, at least 75 percent, on a proctored journeyman Block and
90 Associates examination or other proctored examination approved
91 by the board for the trade in which he or she is licensed;
92 (b) Has completed an apprenticeship program registered
93 with a registration agency defined in 29 C.F.R. s. 29.2 and
94 demonstrates 4 years' verifiable practical experience in the
95 trade for which he or she is licensed, or demonstrates 6 years'
96 verifiable practical experience in the trade for which he or she
97 is licensed;
98 (c) Has satisfactorily completed specialized and advanced
99 module coursework approved by the Florida Building Commission,
100 as part of the building code training program established ins.

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101 553.841, specific to the discipline or, pursuant to
102 authorization by the certifying authority, provides proof of
103 completion of such coursework within 6 months after such
104 certification; and
105 (d) Has not had a license suspended or revoked within the
106 last 5 years.
107 J.ll-R-+- A local government may charge a registration fee
108 for reciprocity, not to exceed $25.
109 Section 4. Section 489.5335, Florida Statutes, is amended
110 to read:
111 489.5335 Journeyman; reciprocity; standards.-
112 (1) Counties and municipalities are authorized to issue
113 journeyman licenses in the electrical and alarm system trades.
114 ~-8+ An individual who holds a valid, active journeyman
115 license in the electrical or alarm system trade issued by any
116 county or municipality in this state may work as a journeyman in
117 the trade in which he or she is licensed in any other county or
118 municipality of this state without taking an additional
119 examination or paying an additional license fee, if he or she:
120 (a) Has scored at least 70 percent, or after October 1,
121 1997, at least 75 percent, on a proctored journeyman Block and
122 Associates examination or other proctored examination approved
123 by the board for the electrical trade in which he or she is
124 licensed;
125 (b) Has completed an apprenticeship program registered

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126 with a registration agency defined in 29 C.F.R. s. 29.2 and
127 demonstrates 4 years' verifiable practical experience in the
128 electrical trade for which he or she is licensed, or
129 demonstrates 6 years' verifiable practical experience in the
130 electrical trade for which he or she is licensed;
131 (c) Has satisfactorily completed specialized and advanced
132 module coursework approved by the Florida Building Commission,
133 as part of the building code training program established ins.
134 553.841, specific to the discipline 7 or, pursuant to
135 authorization by the certifying authority, provides proof of
136 completion of such curriculum or coursework within 6 months
137 after such certification; and
138 (d) Has not had a license suspended or revoked within the
139 last 5 years.
140 ll2_-f-2+ A local government may charge a registration fee
141 for reciprocity, not to exceed $25.
142 Section 5. This act shall take effect July 1, 2020.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 487 Fire Prevention and Control
SPONSOR(S): Government Operations & Technology Appropriations Subcommittee, Fetterhoff
TIED BILLS: IDEN./SIM. BILLS: SB 1092

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Insurance & Banking Subcommittee 11 Y, 0 N Salter Cooper

2) Government Operations & Technology 10 Y, 0 N, As Helpling Topp
Appropriations Subcommittee cs
3) Commerce Committee Salter' Hamon / ( . IA)_ II:
SUMMARY ANALYSIS
Cancer has become the second leading cause of death among firefighters. Firefighters have a higher risk of
diagnosis and death from cancer than the general U.S. population. Following certain procedures and using
specific equipment has been shown to provide enhanced protection for firefighters against frequent exposure
to cancer causing agents.

The Division of State Fire Marshal (DSFM), Office of the Director, is located within the Department of Financial
Services (DFS). The Division is comprised of the Bureau of Fire Prevention and the Bureau of Fire Standards
and Training.

The bill creates the Firefighter Cancer Decontamination Equipment Grant Program within DSFM to provide
financial assistance in an effort to help protect firefighters from acquiring cancer. Funds allocated through this
program can be used for equipment, supplies, and education training related to mitigating exposure to
hazardous fire contaminants. The program will award grants on a need-based basis and require grant
recipients to contribute a minimum of 25 percent nonstate funding. DSFM is given rulemaking authority to
adopt rules and procedures for the program.

The bill provides a $250,000 appropriation to DFS for the Firefighter Cancer Decontamination Equipment Grant
Program. The bill has no fiscal impact on local government revenue or expenditures. See Fiscal Analysis &
Economic Impact Statement.

The bill has an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0487d.COM.DOCX
DATE: 1/27/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A EFFECT OF PROPOSED CHANGES:
Present Situation

Cancer has become the second leading cause of death to firefighters. 1 Cancer caused 61 percent of
career firefighter line of duty deaths between January 1, 2002 and December 31, 2016. 2 Firefighters
have a 9 percent higher risk of being diagnosed with cancer and a 14 percent higher risk of dying from
cancer than the general U.S. population. 3

Inhalation of dangerous chemicals is one of many cancer-causing risks associated with firefighting,
as well as skin absorption. 4 Newer homes are made with high levels of plastics and synthetics,
intensifying the carcinogenic atmosphere firefighters work in. 5 While performing firefighting activities,
body temperature usually increases 3-5 degrees. 6 With every 5 degree increase in skin temperature,
the skin's absorption rate increases by 400%. 7 The neck area is one of the most likely areas to
become contaminated with toxic chemicals, even with the protection of a hood. 8 Firefighters who
have only a single hood experience heightened exposure to hazardous, cancer-causing chemicals,
since they cannot immediately decontaminate their hood after use.

In 2016, Florida law established the Firefighter Assistance Grant Program, to annually provide financial
assistance to volunteer and combination fire departments. 9 Grants offered through this program are
awarded based on the Florida Fire Service Needs Assessment Survey, which is to be conducted
annually by applicants. 10 The goal of the Firefighter Assistance Grant Program is to improve firefighter
safety and enable fire departments to provide services to their communities.

In August, 2018, DFS distributed a grant of one million dollars to be dispersed to Florida fire
departments. Partial funds were allocated to decontamination kits, used for further prevention of
cancer. Over 4,200 kits have been distributed to 405 Florida fire departments, each containing a 5-
gallon bucket, detergents, scrub brushes, hoses, and spray bottles, all of which are used to effectively
clean gear following a fire. 11

1
Firefighter Cancer Alliance, Firefighter Cancer Alliance, 2018.
2
Robert Daniels, NIOSH Science Blog, Centers for Disease and Control Prevention (May 2017), blogs.cdc.gov/niosh-science-
blog/2017 /05/10/ff-cancer-facts/ (last visited Nov. 27, 2019).
3
National Institute for Occupational Safety and Health conducted a study on 30,000 firefighters located in three different metro areas,
focusing on understanding the potential link between firefighting and cancer.
4
Taking Action against Cancer in the Fire Service, Firefighter Cancer Support Network (Aug. 2013),
https://firefightercancersupport.org/wp-content/uploads/2017/11/taking-action-against-cancer-in-the-fire-service-pdf. pdf (last visited
Nov. 25, 2019).
5
Marilyn Meyer, Florida Doesn't Have a Presumptive-Cancer Law, The Ledger (Oct. 2017),
https://www.theledger.com/news/20171021/florida-doesnt-have-presumptive-cancer-law (last visited Nov. 20, 2019) (quoting Jim
Davis, Program Coordinator at Polk State College Fire Science Technology Program).
6
Firefighter Cancer Reduction and Decontamination Suggested Guideline, NJ Department of Community Affairs.
7
Taking Action Against Cancer in the Fire Service, Firefighter Cancer Support Network (Aug. 2013).
8
Kenneth Fent, et al, Evaluation of Dermal Exposure to Polycyclic Aromatic Hydrocarbons in Fire Fighters, U.S. Department of
Health and Human Services Centers for Disease Control and Prevention National Institute for Occupational Safety and Health, Dec.
2013. Report No. 2010-0156-3196.
9
S. 633.135, F.S.
10
Id.
11
CFO and State Fire Marshal Jimmy Patronis Delivers Cancer-Fighting Kits to Orange County Fire Rescue, Press Release (Aug.
2018) https://www.myfloridacfo.com/sitePages/newsroom/pressRelease.aspx?id=5083 (last visited Nov. 20, 2019).
STORAGE NAME: h0487d.C0M.D0CX PAGE: 2
DATE: 1/27/2020
Studies have been conducted to determine the best ways to help firefighters prevent cancer on and
off the job. 12 These steps include immediate decontamination of equipment, wearing full personal
protective equipment throughout an entire incident, providing a second set of gear to each firefighter
within a department, and keeping contaminated equipment out of interior areas, especially following
exposure to combustion. 13 When a firefighter enters an atmosphere with fire, smoke, or byproducts of
combustion, he or she comes into contact with a number of cancer-causing chemicals, including but
not limited to arsenic, benzene, cadmium, chlorophenols, carbon monoxide, formaldehyde, and vinyl
chloride. 14 Proper education, use, and storage of equipment will lessen the extent of contact with
these hazardous post-fire contaminants. With only a single set of gear, a firefighter must wait until the
end of a shift to decontaminate his or her gear, potentially elongating exposure to cancer-causing
chemicals. Funds from this program will assist departments' abilities to have the proper gear and
equipment offered to all firefighters.

The Federal Government has appropriated funds to assist the Centers for Disease Control and
Prevention in creating and maintaining a registry of firefighters, in an effort to track occupational
history and related incidences of cancer. 15 Additionally, the National Fire Protection Association
requires firefighters to receive annual medical examinations, improving efforts to track the correlation
between work and health. 16

Effect of Proposed Changes

The bill creates the Firefighter Cancer Decontamination Equipment Grant Program (program), within
DSFM, to assist in protecting firefighters from exposure to hazardous post-fire contaminants.

The program will award financial assistance to fire departments, including volunteer departments, on a
need-based basis. Grant applicants must include a minimum of 25 percent nonstate funding. Funds
awarded will assist fire departments in purchasing equipment like decontamination kits and additional
personal protective gear, used to reduce the risk of cancer. Fire departments can also allocate grant
funds to other equipment and educational training.

The DSFM is given rulemaking authority to adopt rules and procedures for the program that require
grant recipients to:
• Report their activity to the DSFM for submission in the Fire and Emergency Incident
Information Reporting System created under s. 633.136, F.S.
• Comply with the Florida Firefighters Occupational Safety and Health Act, under ss. 633.502-
633.536, F.S.
• Comply with any other rule determined by the State Fire Marshal to effectively and efficiently
implement, administer, and manage the program.

The bill provides $250,000 in recurring funds from the Insurance Regulatory Trust Fund to implement
the program.

12
See generally, Chief Todd J. LeDuc, 6 Ways to Reduce Cancer in the Fire Service, International Fire Chiefs Association (Nov.
2019), https://www.iafc.org/iCHIEFS/iCHIEFS-article/6-ways-to-reduce-cancer-in-the-fire-service (last visited Nov. 25, 2019); Chief
James P. Seavey Sr., Lavender Ribbon Report: 11 Actions to Mitigate the Risk of Cancer, International Fire Chiefs Association (Aug.
2018), https://www.iafc.org/docs/default-source/l vcos/vcoslavendarribbonreport.pdf?sfvrsn= 13f88b0d_ 8 (last visited Nov. 25, 2019).
Grace LeMasters, et al, Cancer Risk Among Firefighters: A Review and Meta-Analysis of 32 Studies. J Occup. Environ. Med., 48,
1189-202 (2006).
13
Lavender Ribbon Report: 11 Actions to Mitigate the Risk ofCancer, pg. 9.
14
Jesse Roman, Facing Cancer, National Fire Protection Association Journal (May 2017), https://www.nfpa.org/News-and-
Research/Publications-and-media/NFPA-JournaV2017/May-June-2017/Features/Facing-Cancer (last visited Nov. 25, 2019).
15
Firefighter Cancer Registry Act of 2018, H.R. 931, 115th Cong. (2018).
16
NFPA 1582: Standard on Comprehensive Occupational Medical Program for Fire Departments, Chapter 7.
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DATE: 1/27/2020
B. SECTION DIRECTORY:
Section 1: Creates s. 633.137, F.S., relating to the Firefighter Cancer Decontamination Equipment
Grant Program.
Section 2: Provides an appropriation.
Section 3: Provides an effective date.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
The bill provides $250,000 in recurring funds from the Insurance Regulatory Trust Fund to
implement the program. According to DFS, the program will not require staffing beyond current
resources. 17

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

17
Email from Meredith Stanfield, Director of Legislative and Cabinet Affairs, Department of Financial Services, RE: HB 487
Decontamination Grant Program Questions (Nov. 22, 2019).
STORAGE NAME: h0487d.C0M.D0CX PAGE: 4
DATE: 1/27/2020
B. RULE-MAKING AUTHORITY:
DSFM is given rulemaking authority to adopt rules and procedures for the Firefighter Cancer
Decontamination Equipment Grant Program.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On Wednesday, January 15, 2020, the Government Operations & Technology Appropriations
Subcommittee adopted one amendment and reported the bill favorably as a committee substitute. The
amendment provided $250,000 in recurring funds from the Insurance Regulatory Trust Fund to
implement the program.

This analysis is drafted to the committee substitute as passed by the Government Operations &
Technology Appropriations Subcommittee.

STORAGE NAME: h0487d.COM.D0CX PAGE: 5
DATE: 1/27/2020
FLORIDA H O U S E 0 F REPRESENTATIVES

CS/HB 487 2020

1 A bill to be entitled
2 An act relating to fire prevention and control;
3 creating s. 633.137, F.S.; creating the Firefighter
4 Cancer Decontamination Equipment Grant Program for
5 certain purposes; requiring the Division of State Fire
6 Marshal to administer the program and annually award
7 grants to qualifying fire departments; requiring the
8 State Fire Marshal to adopt rules and procedures;
9 providing eligibility requirements; providing
10 requirements for grant recipients; providing an
11 appropriation; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 633.137, Florida Statutes, is created
16 to read:
17 633.137 Firefighter Cancer Decontamination Equipment Grant
18 Program.-
19 (1) The Firefighter Cancer Decontamination Equipment Grant
20 Program is created within the division to help protect the
21 health and safety of firefighters in this state. The program
22 shall provide financial assistance to help fire departments,
23 including volunteer fire departments, procure equipment,
24 supplies, and educational training designed to mitigate exposure
25 to hazardous, cancer-causing chemicals.

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CS/HB 487 2020

26 (2) The division shall administer the program and annually
27 award grants to fire departments on a need-based basis. The
28 division shall distribute equipment and training in a manner
29 that leads to the greatest reduction in incidences of
30 firefighters being exposed to hazardous post-fire contaminants.
31 (3) The State Fire Marshal shall adopt rules and
32 procedures for the program, including for the approval of
33 applications and development of need-based criteria. This
34 criteria shall include, but is not limited to, the
35 decontamination equipment and supply needs of the fire
36 department, the financial needs of the fire department, and the
37 level of nonstate matching funds proposed in the application.
38 Grant applications must include a minimum of 25 percent nonstate
39 funding.
40 ( 4) Grant recipients must:
41 (a) Report their activity to the division for submission
42 in the Fire and Emergency Incident Information Reporting System
43 created under s. 633.136.
44 (b) Comply with the Florida Firefighters Occupational
45 Safety and Health Act, ss. 633.502-633.536.
46 (c) Comply with any other rule determined by the State
47 Fire Marshal to effectively and efficiently implement,
48 administer, and manage the program.
49 Section 2. For the 2020-2021 fiscal year, the sum of
50 $250,000 in recurring funds is appropriated from the Insurance

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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S

CS/HB 487 2020

51 Regulatory Trust Fund to the Department of Financial Services
52 for the purpose of implementing s. 633.137, Florida Statutes, as
53 created by this act.
54 Section 3. This act shall take effect July 1, 2020.

Page 3 of 3

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 511 Insulation Products
SPONSOR(S): Business & Professions Subcommittee, Fine
TIED BILLS: IDEN./SIM. BILLS: SB 732

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Business & Professions Subcommittee 13 Y, 0 N, As Brackett Anstead
cs
2) Commerce Committee Brackett OO Hamon
SUMMARY ANALYSIS
Federal laws regulate the manufacture, sale and advertising of residential insulation products. The Federal
Trade Commission (FTC) has jurisdiction over the testing, manufacturing, sale, and advertising of residential
insulation products. The FTC requires residential insulation products to be tested in accordance with the tests
designed by ASTM International (ASTM). States are permitted to enact laws that are not inconsistent and do
not frustrate the FTC's regulations.

The bill provides that any person who manufactures a product that is advertised, sold, offered, provided,
marketed, or distributed as an interior building envelope insulation product for residential dwellings, not
including pipe insulation or duct insulation, without a valid test report stating the product complies with the
Florida Building Code and the ASTM standard required by the FTC, is subject to a Florida Deceptive and
Unfair Trade Practices Act action brought by an enforcing authority. Such report must come from a Florida
Building Commission approved testing laboratory.

The bill provides that the test report for interior building envelope insulation products for residential dwellings
must be provided to a building official upon request.

The bill defines "residential dwelling" to include one-family, two-family, three-family residences, townhomes,
residential condominiums and cooperatives, apartments, residential manufactured buildings, residential
modular buildings, residential factory buildings, and mobile homes.

The bill does not have a fiscal impact on state and local governments.

The bill provides for an effective date of July 1, 2020.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0511 b.COM.DOCX
DATE: 1/25/2020
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Current Situation

Federal Trade Commission

The Federal Trade Commission Act grants the FTC the authority to: 1
• Prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting
commerce;
• Seek monetary redress and other relief for conduct injurious to consumers;
• Prescribe rules defining with specificity acts or practices that are unfair and deceptive, and
establish requirements designed to prevent such acts or practices;
• Gather and compile information and conduct investigations relating to the organization,
business, practices, and management of entities engaged in commerce; and
• Make reports and legislative recommendations to Congress and the public.

The FTC regulates home insulation products as part of its job to prevent unfair or deceptive acts or
practices in or affecting commerce. The FTC started regulating home insulation products in 1979 to
address the failure of the home insulation market to provide consumers with essential pre-purchase
information about home insulation products, specifically an insulation product's R-value. 2 R-value
measures resistance to heat flow. The higher the R-value, the greater the effectiveness of the
insulation. 3

Home insulation is insulation that is used in old or new homes, condominiums, cooperatives,
apartments, modular homes, or mobile homes. It does not include pipe insulation 4 or any kind of duct
insulation except for duct wrap. 5 The FTC defines "insulation" as any material mainly used to slow
down heat flow. It may be mineral or organic, fibrous, cellular, or reflective. 6

On May 13, 2019, the FTC published notice that effective May 13, 2020, home insulation will also
include insulation developed and marketed for commercial use that is also marketed for and used in
residential buildings. 7

Any violation of the regulations for home insulation products is an unfair and deceptive act or practice
or an unfair method of competition under the Federal Trade Commission Act, and can result in a heavy
fine. A person may be fined up to $10,000 for each violation. 8

1
See 15 U.S.C. § 41-58; Federal Trade Commission, Federal Trade Commission Act,
https://www.ftc.gov/enforcement/statutes/federal-trade-commission-act (last visited Nov. 24, 2019).
2
84 Fed. Reg. 20788 (May 13, 2019).
3
16 C.F.R. 460.5 & 12.
4
The FTC chose not to regulate pipe insulation because it is primarily used to prevent moisture condensation on low temperature lines
and not for energy conservation. 64 Fed. Reg. 48027 (Sep. 1, 1999).
5
The FTC chose not to regulate duct insulation except for duct wrap because only duct wrap is used extensively in residential
properties. Id.
6
16 C.F.R. § 460.1-2.
7
84 Fed. supra note 3.
8
15 U.S.C. § 45(m).
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DATE: 1/25/2020
All types of home insulation products must be tested by laboratories to determine their R-Value.
The tests to determine the R-value of home insulation products must be done in accordance with the
tests designed by ASTM International (ASTM). 9

All manufacturers of home insulation products and laboratories that test home insulation products must
keep records of each test for at least three years. 10

Manufactures must also label every package of their home insulation products and provide fact sheets
to retailers and installers. The labels must contain:
• The type of insulation product in the package.
• A chart that includes the product's information including the R-value, which must be rounded to
the nearest tenth except for products with R-values of 10 or more which may be rounded to the
nearest whole number.
• A statement saying that R means resistance to heat flow. The higher the R-value, the greater
the insulating power, and in order to get the marked R-value the product must be installed
correctly. 11

The fact sheet must include:
• The name and address of the manufacturer;
• The type of insulation product in the package;
• A chart that includes the product's information including the R-value, which must be rounded to
the nearest tenth except for products with R-values of 10 or more which may be rounded to the
nearest whole number.
• A statement saying that, R means resistance to heat flow. The higher the R-value, the greater
the insulating power, in order to get the marked R-value the product must be installed correctly,
and the amount of insulation a person needs depends on the climate they live in along with the
size and type of their house, the amount of insulation already in their house, and the fuel use of
their family. 12

Home insulation product retailers must make the fact sheets for their products available to their
customers. Retailers must ensure that the fact sheets are in area that a customer will notice them. New
home sellers must ensure their sales contracts include the information, including the R-value, of each
type of insulation product that has been installed in a home. 13 Home installation installers have similar
notice requirements. 14

Manufacturers must ensure that any advertisement for their home insulation product, which includes a
price for the product in the ad, includes the product's information, including R-value, and a statement
saying, ""The higher the R-value, the greater the insulating power. Ask your seller for the fact sheet on
R-values." 15 Manufacturers must also ensure that any advertisement for their home insulation products,
which states or implies the product can cut energy costs or usage, is supported by a reasonable basis
for the claim, and includes a statement saying, "Savings vary. Find out why in the seller's fact sheet on
R-values. Higher R-values mean greater insulating power." 16

9
16 C.F.R. § 460.5. ASTM is an international testing organization that develops and publishes technical standards that are arrived at
through consensus and used on a voluntary basis for a wide variety of products, materials, systems and services. ASTM International,
Detailed Overview, https://www.astm.org/ABOUT/full overview.html (last visited Nov. 25, 2019).
10
16 C.F.R. § 460.9.
II 16 C.F.R. § 460.11-13.
12 Id.
13
16 C.F.R. § 460.14 & 16.
14
16 C.F.R. § 460.15 & 17.
15
16 C.F.R. § 460.18-19.
16 Id.

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DATE: 1/25/2020
The FTC does not require manufacturers, retailers, or installers to provide any information about a
home insulation product to a local building official.

Any state and local laws and regulations that are inconsistent with, or frustrate the purposes of, the
FTC's regulations are preempted. However, a State or local government may petition the Commission,
for good cause, to permit the enforcement of any part of a State or local law or regulation that would be
preempted by this section. 17

The Florida Building Code

In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum
building code that would ensure that Florida's minimum standards were met. Local governments could
choose from four separate model codes. The state's role was limited to adopting all or relevant parts of
new editions of the four model codes. Local governments could amend and enforce their local codes,
as they desired. 18

In 1992, Hurricane Andrew demonstrated that Florida's system of local codes did not work. Hurricane
Andrew easily destroyed those structures that were allegedly built according to the strongest code. The
Governor eventually appointed a study commission to review the system of local codes and make
recommendations for modernizing the system. The 1998 Legislature adopted the study commission's
recommendations for a single state building code and enhanced the oversight role of the state over
local code enforcement. The 2000 Legislature authorized implementation of the Florida Building Code
(Building Code), and that first edition replaced all local codes on March 1, 2002. 19 The current edition of
the Building Code is the sixth edition, which is referred to as the 2017 Florida Building Code. 20

Part IV of ch. 553, F.S., is known as the "Florida Building Codes Act" (Act). The purpose and intent of
the Act is to provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of
a single, unified state building code. The Building Code must be applied, administered, and enforced
uniformly and consistently from jurisdiction to jurisdiction. 21

The Florida Building Commission (Commission) implements the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation, is a 27-member
technical body made up of design professionals, contractors, and government experts in various
disciplines covered by the Building Code. 22 The Commission reviews several International Codes
published by the International Code Council, the National Electric Code, and other nationally adopted
model codes to determine if the Building Code needs to be updated and adopts an updated Building
Code every three years. 23

Enforcement of the Florida Building Code

It is the intent of the Legislature that local governments have the power to inspect all buildings,
structures, and facilities within their jurisdiction in protection of the public's health, safety, and welfare. 24

Every local government must enforce the Building Code and issue building permits. 25 It is unlawful for a
person, firm, or corporation to construct, erect, alter, repair, secure, or demolish any building without

17
16 C.F.R. § 460.23.
18
The Florida Building Commission Report to the 2006 Legislature, Florida Department of Community Affairs, p. 4, available at
http://www.floridabuilding.org/fbc/publications/2006 Legislature Rpt rev2.pdf (last visited Nov. 11, 2019).
19 Id.
20
Florida Building Commission Homepage https://floridabuilding.org/c/default.aspx (last visited Nov. 11, 2019).
21
Sees. 553.72(1), F.S.
22
S. 553.74, F.S.
23
S. 553.73, F.S.
24
S. 553.72, F.S.
25
Ss. 125.0l(l)(bb), 125.56(1), & 553.80(1), F.S.
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first obtaining a permit from the local government enforcing agency or from such persons as may, by
resolution or regulation, be directed to issue such permit, upon the payment of reasonable fees as set
forth in a schedule of fees adopted by the enforcing agency. 26

A building permit is an official document or certificate issued by the local building official that authorizes
performance of a specific activity. 27 A building official is a local government employee or a person
contracted by a local government who supervises Building Code activities, including plan review,
enforcement, and inspection. 28 Any construction work that requires a building permit also requires plans
and inspections by the local building official to ensure the work complies with the Building Code. 29

Insulation Requirements for a Building's Thermal Envelope

The Building Code defines "building thermal envelope" as a building's basement, walls, exterior walls,
floor, roof, and any other building elements that enclose an area that is directly or indirectly heated or
cooled. The building thermal envelope also includes the boundary between a conditioned space and an
unconditioned space. 30

The Building Code requires certain types of insulation for a building's thermal envelope depending on
where the insulation is located. The Building Code requires insulation to have a certain type of R-value
depending on where the insulation is located. For example, the Building Code requires insulation for
ceilings to have a different R-value then the insulation required for walls. R-value measures resistance
to heat flow. The higher the R-value, the greater the effectiveness of the insulation. 31

Product Evaluation and Approval

Current law requires the Commission to develop and implement an approval of products for statewide
use. The Commission has created a product approval system for products and systems that makeup
the building envelope and structural frame of a building. 32 The Commission does not approve products
for the interior of a building, including interior insulation products. 33 The Commission approves the
products in the following categories for statewide use: 34
• Panel Walls;
• Exterior Doors;
• Roofing Products;
• Skylights;
• Windows;
• Shutters;
• Structural Components; and
• Impact Protective Systems.

To obtain state approval, a manufacturer must demonstrate a product complies with the applicable
standards and provisions of the Building Code by submitting one of the following reports:
• A certification mark or listing of an approved certification agency;
• A test report from an approved testing laboratory;

26
See Ss. 125.56(4)(a) & 553.79(1), F.S.
27
S. 202 of the Building Code (Building), Sixth Edition.
28
S. 468.603(2), F.S.
29
Ss. 107 & 110 of the Building Code (Building), Sixth Edition.
30
S. 202 of the Building Code (Energy Conservation), Sixth Edition.
31
Ss. 202 & 402 of the Building Code (Energy Conservation), Sixth Edition; Department of Energy, Insulation,
https://www.energy.gov/energysaver/weatherize/insulation (last visited Nov. 25, 2019).
32
S. 553.842(1), F.S.; R. 61020-3.001, F.A.C.
33
Email from Colton Madill, Deputy Legislative Affairs Director, Department of Business & Professional Regulation, HB 511
Question (Nov. 18, 2019).
34
R. 61020-3.001, F.A.C.
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• A product evaluation report developed, signed and sealed by a Florida licensed engineer or
architect; or
• A product evaluation report from one of the following evaluation entities:
o The National Evaluation Service;
o The International Association of Plumbing and Mechanical Officials Evaluation Service;
o The International Code Council Evaluation Services;
o Underwriters Laboratories, LLC;
o The International Conference of Building Officials;
o SBCCI Public Safety Testing and Evaluation Services, Inc.;
o lntertek Testing Services NA, Inc.; or
o The Miami-Dade County Building Code Compliance Office Product Control Division. 35

Approved Testing Laboratories

The Commission must approve an entity as an approved testing laboratory if it receives accreditation
indicating that it meets the Commission's approved standards for testing laboratories, and it receives a
certification of independence. 36

An entity may receive accreditation from one of the following bodies: 37
• The American Association for Laboratory Accreditation;
• The National Voluntary Laboratory Accreditation Program;
• One of the approved evaluation entities; or
• Any other approved accreditation bodies that meet the Commission's approved standards.

The Commission must issue a certificate of independence to a testing laboratory if an officer who is
responsible for operation of the laboratory attests that the laboratory: 38
• Does not have, nor does it intend to acquire or will it acquire, a financial interest in any company
manufacturing or distributing products tested or labeled by the laboratory.
• Is not owned, operated or controlled by any company manufacturing or distributing products it
tests or labels.

Florida Deceptive and Unfair Trade Practices Act

The Florida Deceptive and Unfair Trade Practices Act (FDUTPA) declares that any unfair or deceptive
acts or practices committed in the conduct of any trade or commerce is unlawful. 39 The purpose of
FDUTPA is to: 40
• Simplify, clarify, and modernize the law governing consumer protection, unfair methods of
competition, and unconscionable, deceptive, and unfair trade practices.
• Protect the consuming public and legitimate business enterprises from those who engage in
unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the
conduct of any trade or commerce.
• Make state consumer protection and enforcement consistent with established policies of federal
law relating to consumer protection.

35
S. 553.842, F.S.; DBPR, Product Evaluation Entity List, https://www.floridabuilding.org/pr/pr org lst.aspx (last visited Nov. l l,
2019).
36
The Commission's approved standards for test laboratories is the International Organization for Standardization/International
Electrotechnical Commission Guide 17025: General Requirements for the Competence of Calibration and Testing Laboratories, any
standards referenced by the Building Code, or any standards that meet or exceed the first edition of the Building Code, which is
referred to as the 2001 edition of the Building Code. R. 61G20-3.008(3), F.A.C.; R. 61G20-3.0l5, F.A.C.; R. 61G20-3.009, F.A.C.
37
S. 553.842(8)(b), F.S.; R. 61G20-3.008(3).
38
R. 61G20-3.009, F.A.C.
39
See Ch. 501, part II, F.S.
40
S. 501.202, F.S.
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Investigative and enforcement authority under FDUTPA is given to enforcing authorities. A state
attorney is an enforcing authority if a violation occurs in or affects the judicial circuit under the office's
jurisdiction. The Department of Legal Affairs within the Florida Office of the Attorney General
(Department) is also an enforcing authority, and has investigative and enforcement authority if a
violation occurs in or affects more than one judicial circuit or if the state attorney defers to the
Department. 41

These enforcing authorities may, within 4 years after the occurrence of a violation or within 2 years after
the last payment in a transaction involved in a violation, bring an action:
• To obtain a declaratory judgment that an act or practice violates FDUTPA;
• To enjoin any person who has violated, is violating, or is otherwise likely to violate FDUTPA; or
• On behalf of one or more consumers or governmental entities for the actual damages caused by
an act or practice in violation of FDUTPA. 42
Enforcing authorities may collect a civil penalty of up to $10,000 per violation plus reasonable attorney's
fees and costs for willful violations of FDUTPA and up to $15,000 plus reasonable attorney's fees and
costs for willful violations of FDUTPA involving a senior citizen, a person who has a disability, a military
service member, or the spouse or dependent child of a military service member. 43 The Department also
has authority to issue a cease and desist order if it would be in the interest of the public. 44

If an enforcing authority receives a complaint regarding a person who is subject to other supervision in
the state, such enforcing authority must inform the supervising agency. 45

Current law provides that an enforcing authority bring an action against any person who advertises,
sells, offers, provides, distributes, or markets a product as hurricane, windstorm, or impact protection
from wind-borne debris without approval by the Commission. 46

FDUTPA also provides a private cause of action for anyone aggrieved by a violation of FDUTPA to:
• Obtain a declaratory judgement that an act or practice violates FDUTPA;
• Enjoin a person who has violated, is violating, or is otherwise likely to violate FDUPTA; and
• Recover actual damages plus reasonable attorney's fees and costs. 47

Effect of the Bill

The bill provides that any person who manufactures a product that is advertised, sold, offered,
provided, marketed, or distributed as an interior building envelope insulation product for residential
dwellings, not including pipe insulation or duct insulation, without a valid test report stating the product
complies with the Florida Building Code and the ASTM standard required by the FTC, is subject to a
FDTPA action brought by an enforcing authority. Such report must come from a Florida Building
Commission approved testing laboratory.

The bill provides that the test report for interior building envelope insulation products for residential
dwellings must be provided to a building official upon request. A product evaluation report may not be
used in lieu of a test report.

The bill defines "residential dwelling" to include one-family, two-family, three-family residences,
townhomes, residential condominiums and cooperatives, apartments, residential manufactured
buildings, residential modular buildings, residential factory buildings, and mobile homes.

41
Ss. 501.203(2), 501.206, & 501.207, F.S.
42
Ss. 501.207(1) & (5), F.S.
43
Ss. 501.2075, 501.2077, & 501.2105, F.S.
44
S. 501.208(1), F.S.
45
S. 501.209, F.S.
46
S. 553.842(5), F.S.
47
Ss. 501.2105 and 501.211, F.S.
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The bill also defines "manufacture" to mean the process of making, fabricating, constructing, forming, or
assembling a product from raw, unfinished, semifinished, or finished materials.

B. SECTION DIRECTORY:
Section 1. Creates s. 553.843, F.S., providing requirements for providing interior insulation
products for certain buildings and providing a cause of action.

Section 2. Provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may have a positive impact on the private sector and consumers by ensuring that local building
officials know whether insulation products meet the applicable standards of the Building Code, and
those standards set by the FTC.

D. FISCAL COMMENTS:
Ensuring that insulation products meet the applicable standards of the Building Code may result in a
reduction in energy costs for consumers.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to effect county or municipal governments.

2. Other:
None.

B. RULE-MAKING AUTHORITY:

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DATE: 1/25/2020
None.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill does not appear to be inconsistent with or frustrate the FTC's regulations for home insulation
products.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 15, 2020, the Business & Professions Subcommittee adopted a strike-all amendment and
reported the bill favorably as a committee substitute. The committee substitute:
• Limits the bill's application to residential dwellings except for pipe insulation and duct insulation.
• Defines "residential dwellings" to include, one-, two-, and three- family residences, townhomes,
residential condominiums and cooperatives, apartments, residential manufactured buildings,
residential modular buildings, residential factory buildings, and mobile homes.
• Limits the applicability of the bill's requirements to manufacturers of interior insulation products.
• Provides that a product evaluation report may not be used to comply with the bill's requirements in
lieu of the test report.
• Clarifies that the test reports must indicate that the products meet the ASTM standards required by
the FTC.

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DATE: 1/25/2020
FLORIDA H O U S E 0 F REPRESENTATIVES

CS/HB 511 2020

1 A bill to be entitled
2 An act relating to insulation products; creating s.
3 553.843, F.S.; providing definitions; specifying that
4 a person who takes certain actions relating to
5 interior building envelope insulation products for
6 residential dwellings without having a certain test
7 report is subject to the Florida Deceptive and Unfair
8 Trade Practices Act; requiring that such test report
9 be provided, upon request, to a local building
10 official; providing that a product evaluation report
11 may not be provided in lieu of the test report;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 553.843, Florida Statutes, is created
17 to read:
18 553.843 Interior building envelope insulation products.-
19 (1) For purposes of this section, the term:
20 (a) "Manufacture" has the same meaning as ins. 553.36.
21 (b) "Residential dwelling" includes one-family, two-
22 family, and three-family residences; townhomes; residential
23 condominiums; residential cooperatives; apartments; residential
24 manufactured buildings; residential modular buildings;
25 residential factory buildings; and mobile homes.

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0511-01-c1
FLORIDA H O U S E 0 F REPRESENTATIVES

CS/HB 511 2020

26 (2) Any person who manufacturers a product that is
27 advertised, sold, offered, provided, distributed, or marketed as
28 interior building envelope insulation for residential dwellings,
29 not including pipe insulation or duct insulation, without a
30 valid test report from a commission-approved testing laboratory
31 indicating that the product complies with the Florida Building
32 Code and the ASTM International standard for the product as
33 provided by the Federal Trade Commission regulations in 16
34 C.F.R. ss. 460.1 et seq., is subject to the Florida Deceptive
35 and Unfair Trade Practices Act under part II of chapter 501, if
36 brought by the enforcing authority as defined ins. 501.203. The
37 test report for interior building envelope insulation products
38 for residential dwellings must be provided, upon request, to a
39 local building official. A product evaluation report may not be
40 provided in lieu of the test report.
41 Section 2. This act shall take effect July 1, 2020.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb0511-01-c1
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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 519 Private Property Rights Protection
SPONSOR(S): Civil Justice Subcommittee, Grant, J.
TIED BILLS: IDEN./SIM. BILLS:

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Civil Justice Subcommittee 10 Y, 5 N, As Jones Luczynski
cs
2) Commerce Committee Thompson Hamon

3) Judiciary Committee

SUMMARY ANALYSIS
The Takings Clause of the U.S. Constitution prohibits the government from depriving a person of his or her
private property for public use "without just compensation." However, not every government action burdening
private property amounts to an illegal "taking" under the Takings Clause. Florida law provides legal remedies
when a local government burdens property rights in a manner that does not amount to a "taking":
• If a local government enacts a regulation inordinately burdening private property:
o The property owner may notify the government of the burden;
o The government must make a written offer to settle the claim; and
o The property owner may:
• Accept the settlement offer; or
• Reject the offer, and file a lawsuit against the government for damages.
• If the local government unreasonably rejects or limits a property owner's proposed use of his or her
property, otherwise known as an "exaction," the property owner may sue the government after
providing notice and allowing the government a chance to explain why the exaction is lawful, or
remove the exaction.

Another mechanism for a landowner to resolve disputes against government action is the Florida Land Use
and Environmental Dispute Resolution Act, which provides an informal process to challenge government action
infringing on property rights without having to file a lawsuit.

CS/HB 519 requires a local government, when settling property rights claims, to treat similar properties
similarly. If the government settles or the property owner secures a judgment declaring an inordinate burden,
there is a presumption that similarly situated parcels are also inordinately burdened and entitled to the same
settlement terms or judicial determination. The bill also makes it easier for a private property owner to
challenge a local regulation burdening his or her property by:
• Allowing a jury or the court to consider business damages in making its damages calculation.
• Removing a provision allowing the government to seek attorney fees and costs when a property owner
refuses a bona fide offer which reasonably would have resolved the property claim fairly.

When a local government is poised to impose an exaction upon private property, the bill allows the property
owner to sue without having to wait for written notice of the exaction. The bill requires the Department of
Transportation to give a right of first refusal to a previous owner before disposing of property in certain cases.
The bill also broadens the applicability of the Florida Land Use and Environmental Dispute Resolution Act and
provides for the recovery of attorney fees and costs in certain situations if a government acts in bad faith.

The bill does not appear to have a fiscal impact on state government, but appears to have an indeterminate
negative impact on local governments.

The bill provides an effective date of July 1, 2020.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Takings Clause

The U.S. Constitution prohibits the government from depriving a person of his or her private property
for public use "without just compensation." 1 However, some government actions restrict the use of
private property without amounting to a "taking" as contemplated by the U.S. Constitution.

Bert J. Harris, Jr., Private Property Rights Protection Act

In 1995, the Florida Legislature enacted the Bert J. Harris, Jr., Private Property Rights Protection Act
(Bert Harris Act), codified as s. 70.001, F.S. 2 The Bert Harris Act created a new cause of action for
private property owners whose real property is inordinately burdened by a government action 3 not rising
to the level of a taking. 4 The inordinate burden can apply in the context of either an existing use of real
property or a vested right to a specific use. 5

Before filing an action under the Bert Harris Act, a claimant must generally give 150 days' notice to the
government entity, along with a valid appraisal showing the loss in fair market value. 6 The government
must notify all property owners adjacent to the claimant's property of the pending claim. The
government must make a written settlement offer to the claimant, which may include an offer to:
• Adjust land development or permit standards;
• Transfer developmental rights;
• Land swaps or exchanges;
• Mitigation;
• Conditioning the amount of development or use permitted;
• Issue a development order, variance, special exception, or other extraordinary relief;
• Purchase the property or an interest therein; or
• Other actions, including making no changes to the proposed government action.7

This encourages settlement of property rights claims and allows a government to settle individually with
each property owner to avoid unnecessarily burdening property rights.

The property owner may reject the settlement offer and file an action in circuit court. 8 The court must
determine whether the government inordinately burdened the property, and if so, calculate the
percentage of responsibility for each government entity. A jury must determine damages and cannot
consider any business damages relative to development, activity, or use the government has restricted
or prohibited. 9

1 U.S. Const. amend. 5; see also art. I, ss. 2, 9, Fla. Const. (restricting the deprivation of private property).
2
Ch. 95-181, Laws of Fla.
3
S. 70.001(3)(d), F.S., provides that the term "action ofa governmental entity" means a specific action ofa governmental entity which affects real
property, including action on an application or permit.
4 S. 70.001(1), (9), F.S.
5 S. 70.001(2), F.S.
6
S. 70.001(4)(a), F.S.
7
S. 70.001(4)(c), F.S.
8
S. 70.001(5)(b), F.S.
9
S. 70.001(6), F.S.
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The claimant is entitled to recover costs and attorney fees incurred from the time the action was filed if:
• The claimant prevails; and
• The court determines that the settlement offer was not a bona fide offer which reasonably would
have resolved the claim.

The government is entitled to recover costs and attorney fees if:
• The government prevails; and
• The court determines the claimant did not accept a bona fide settlement offer which reasonably
would have resolved the claim fairly. 10

A claim cannot be filed more than one year after the government applies a law or regulation to the
property at issue. The one-year timeframe begins running when the law or regulation unequivocally
impacts the property and notice is mailed to the property owner. 11 If the law or regulation does not
unequivocally impact the property, or if notice is not mailed, the one-year period does not start until the
government formally denies a request for development or variance.

Private Property Rights and Unconstitutional Exactions

The doctrine of unconstitutional conditions prohibits the government from denying a benefit to a person
because he or she exercises or vindicates a constitutional right. 12

In 2013, in Koontz v. St. Johns River Water Management District, 13 the United States Supreme Court
held that a government cannot deny a land-use permit based on the landowner's refusal to agree to the
government's demands to relinquish property unless there is an essential nexus and rough
proportionality between the government's demand on the landowner and the effect of the proposed
land use. 14 Extortionate demands for property in the land-use permitting context violate the Fifth
Amendment Takings Clause not because they take property, but because they impermissibly burden
the right not to have property taken without just compensation. 15

The property owner in Koontz owned land consisting primarily of wetlands. He wanted to develop part
of his property and offered a conservation easement to the St. Johns River Water Management District
(district). The district rejected his proposal and said it would deny his permit unless he agreed to scale
back his plan and give the district a larger conservation easement or to maintain the plan but pay to
improve separate land owned by the district. The district offered to consider alternative approaches as
well. The property owner sued the district under s. 373.617, F.S., which allows property owners to sue
a government for action related to land-use permitting that constitutes an unlawful taking.

The Koontz court found that while the district's conditions unconstitutionally burdened the landowner's
Fifth Amendment rights, no constitutional taking had occurred. The Court left it to the states to
determine remedies available to a landowner who is subjected to an unconstitutional demand, but
where no actual taking occurs. 16 The Court explained:

Where the permit is denied and the condition is never imposed, nothing has been taken.
While the unconstitutional conditions doctrine recognizes that this burdens a
constitutional right, the Fifth Amendment mandates a particular remedy-just
compensation-only for takings. In cases where there is an excessive demand but no
taking, whether money damages are available is not a question of federal constitutional

10
S. 70.001(6)(c), F.S.
11
S. 70.001(11), F.S.
12
Koontz v. St. Johns River Water Management District, 133 S. Ct. 2586, 2594 (2013).
13
Id. at 2586.
14
Id. at 2595.
15
Id. at 2596.
16
Id. at 2597.
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law but of the cause of action-whether state or federal-on which the landowner
relies. 17

Consequently, the Court left unanswered the question of whether the landowner in Koontz could
recover damages for unconstitutional conditions claims predicated on the Takings Clause because the
landowner's claim was based on Florida law. 18 Specifically, because s. 373.617, F.S., allows for
damages when a state agency's action is "an unreasonable exercise of the state's police power
constituting a taking without just compensation," it is a question of state law as to whether that
provision covers an unconstitutional conditions claim. 19

Remedy for Unlawful Government Exaction

In 2015, the Legislature enacted s. 70.45, F.S., to provide a state cause of action against a prohibited
exaction. A "prohibited exaction" is any condition imposed by the government on a property owner's
proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid,
minimize, or mitigate. 20

A property owner may bring an action to recover damages caused by a prohibited exaction in addition
to any other remedies available in law or equity, if:
• The prohibited exaction is imposed or required, in writing, as a final condition for approval of
the proposed land use; and
• At least 90 days before filing the action, but no later than 180 days after the exaction is
imposed, the property owner gives the government written notice:
o Identifying the exaction;
o Explaining why it is unlawful; and
o Estimating the damages. 21

Upon receiving written notice of the alleged claim, the governmental entity must review the notice and
respond in writing by identifying the basis for the exaction and explaining why the exaction is
proportionate to the harm created by the proposed use of real property, or by proposing to remove or
modify the exaction. The government's written response may only be used against it in subsequent
litigation for assessing attorney fees and costs.

For a claim filed under s. 70.45, F.S., the government has the burden to prove the exaction has an
essential nexus to a legitimate public purpose and is roughly proportionate to the impacts of the
proposed use that the governmental entity is seeking to avoid, minimize, or mitigate. The property
owner has the burden of proving damages resulting from the prohibited exaction.

The prevailing party in an action under s. 70.45, F.S., may recover attorney fees and costs. If the court
determines the exaction lacks an essential nexus to a legitimate public purpose, the court must award
attorney fees and costs to the property owner.

Florida Land Use and Environmental Dispute Resolution Act

In 1995, the Legislature adopted the Florida Land Use and Environmental Dispute Resolution Act (Act)
to facilitate the resolution of disputes between landowners and government entities. 22 The Act provides
an informal mechanism for a landowner to challenge a government action that may infringe on the
landowner's property without having to file a lawsuit.

11 Id.
1s Id.
19
Id. at 2597-98.
20 S. 70.45(l)(c), F.S.
21 S. 70.45, F.S.
22 Sees. 70.51, F.S.

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The Act does not create a private cause of action, nor does it require that a landowner do anything
before exercising his or her right to file a lawsuit. 23 Under the Act, a landowner who believes that a
government notice or order unfairly or unreasonably burdens his or her property may, within 30 days of
receiving the notice or order, file a request for relief with the government that issued the notice or
order. 24 The government must forward the request to a special magistrate, a person agreed upon by
both parties to preside over the case.

The special magistrate must hold a hearing within 45 days of receiving the request for relief. 25 The
special magistrate's primary role is to facilitate a resolution of the conflict between the landowner and
government without involving the courts. 26 In this role, the special magistrate acts as a "facilitator or
mediator. "27

If the parties cannot reach an agreement, the special magistrate must determine whether the
government action is unreasonable or unfairly burdens the landowner's real property, based on a list of
statutory guidelines. 28 Within 14 days of the hearing's conclusion, the special magistrate must submit a
written recommendation to the parties. 29

If the special magistrate's recommendation is that the government action does not unreasonably or
unfairly burden the property, the landowner still retains the right to file suit or pursue other remedies. 30 If
the recommendation is that the government action unreasonably or unfairly burdens the property, the
special magistrate may, if the landowner consents, recommend one or more alternatives that allow for
reduced government restraints on the property. 31

The government must respond within 45 days of receiving the special magistrate's recommendation,
deciding whether it accepts, accepts in part, or rejects the recommendation. 32 If the government
accepts the recommendation in whole or in part, but the landowner rejects the acceptance or
modification, the government must put into writing within 30 days the specific permissible uses of the
property. 33

The special magistrate's recommendation finding that the government acted unreasonably or unfairly
may serve as a basis to demonstrate entitlement to relief in a subsequent lawsuit or in other legal
proceedings. 34 The process under the Act may not continue longer than 165 days, unless the parties
agree otherwise. 35

Conveyance of Property by Department of Transportation

The Department of Transportation is authorized under s. 337.25, F.S., to purchase, lease, exchange, or
otherwise acquire any land, property interests, buildings, or other improvements necessary to secure or
use transportation rights-of-way for existing, proposed, or anticipated transportation facilities:
• On the State Highway System;
• On the State Park Road System;
• In a rail corridor; or

23
S. 70.51(24), F.S.
24
S. 70.51(3) and (4), F.S.
25 S. 70.5 l(l 5)(a), F.S.
26 Sees. 70.51(17)(a), F.S.

21 Id.
28
S. 70.51(17)(b) and (18), F.S.
29
S. 70.51(19), F.S.
30
S. 70.51 (19)( a), F. S.
31
S. 70.5l(l9)(b), F.S.
32
S. 70.51(21), F.S.
33
S. 70.51(22), F.S.
34
S. 70.51(25), F.S.
35
S. 70.51(23), F.S.
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• In a transportation corridor designated by the department. 36

If the department determines acquired property is no longer needed for a transportation facility, it may
dispose of the property. 37 The department may afford a right of first refusal to the local government or
other political subdivision in the jurisdiction where the parcel is located, except when:
• The property was donated to the state for transportation purposes, and:
o The facility has not been constructed for at least 5 years;
o Plans have not been prepared; and
o The property is not located in a transportation corridor.
• The property was originally acquired specifically to provide replacement housing for persons
displaced by transportation projects.
• At the discretion of the department, a sale to a person other than an abutting property owner
would be inequitable. 38

Effect of Proposed Changes

Bert J. Harris, Jr., Private Property Rights Protection Act

CS/HB 519 amends the Bert J. Harris, Jr., Private Property Rights Protection Act to:
• Change the timeframe under which a claimant must notify the government before filing an
action from 150 days to 90 days;
• Allow the claimant to have the court, rather than a jury, determine damages;
• Remove the prohibition that the factfinder cannot consider business damages in making a
determination of the claimant's damages; and
• Change the process for attorney fees and costs by:
o Allowing a prevailing claimant to recover attorney fees and costs incurred from the time
he or she files notice with the government instead of from the time he or she files suit;
and
o Removing the provision allowing a government to recover attorney fees and costs.

The bill provides that when a property owner submits a claim under the Bert Harris Act based on a
regulation or ordinance applied to more than one residential parcel, and the case settles or the property
owner obtains a judgment declaring an inordinate burden, there is a presumption that similarly situated
residential parcels are also inordinately burdened and entitled to equivalent settlement terms or a
judicial determination of an inordinate burden. This presumption is rebuttable by clear and convincing
evidence, and similarly situated parcels are evaluated on a parcel-by-parcel basis.

The similarly situated residential property owner must submit the specified appraisal at least 120 days
before a trial on the merits of the damages portion of the proceedings. The government is encouraged
to negotiate settlement terms consistent with settlement agreements for similarly situated residential
parcels during the 90-day notice period. Under the bill, settlement offers are presumed to protect the
public interest.

The bill also provides that if the government does not provide notice by mail to the property owner when
a law or regulation affects the property, the one-year timeframe for filing suit does not apply and the
property owner may, at any time, notify the government in writing that the law or regulation restricts
property usage. Within 45 days of receiving the notice, the government must respond in writing,
clarifying whether the law or regulation applies to the owner's property, and if so, to what extent. If the
government's response indicates the law or regulation is applicable and imposes new limitations, the
owner may file suit immediately without having to go through the normal application process for a
development order, development permit, or building permit, as doing so would be futile and a waste of

36
S. 337.25(1)(a), F.S.
37
S. 337.25(4), F.S.
3s Id.
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resources. The owner must file suit within one year of receiving the response from the government
stating that limitations apply to the property.

Unconstitutional Exaction Challenges Under s. 70.45, F.S.

With respect to an action challenging an unlawful exaction, the bill clarifies that the property owner may
sue as soon as he or she must comply with the exaction or condition of approval. This means that
under certain circumstances the property owner no longer has to wait to sue until the government gives
written notice of the exaction.

Florida Land Use and Environmental Dispute Resolution Act

The bill makes several changes to the Florida Land Use and Environmental Dispute Resolution Act
(Act), codified at s. 70.51, F.S., including:
• Broadening the types of disputes between a landowner and a government that are covered by
the Act, thus allowing for cost-effective dispute resolution in more cases.
• Clarifying that the special magistrate is not required to be a certified mediator.
• Requiring that mediation adhere to certain provisions within chapter 44, F.S.
• Allowing the special magistrate to determine whether a request for relief is complete and timely.
• Updating the Act's timeframes and procedures for tolling of timeframes.
• Updating other provisions within the Act, including providing that certain filings may be made by
e-mail.
• Awarding attorney fees and costs to a landowner who successfully sues to require the
government to participate in dispute resolution under the Act.
• Allowing the special magistrate, when determining whether the government action is
unreasonable or unfair, to consider whether the government attempted to resolve the dispute in
good faith.
• Providing procedures for a government to reconsider a prior decision after the special
magistrate issues his or her recommendation, and to resolve disputes through the public
meeting process.
• Clarifying that the Act does not limit a landowner's applicable judicial and administrative
remedies.
• Clarifying that the special magistrate's recommendation may be considered in a subsequent
proceeding but does not preclude any issue or defense in a subsequent proceeding.

The bill also amends s. 163.3181, F.S., to provide that if a local government denies a landowner's
request for an amendment to a comprehensive plan, the landowner may proceed under the Act.

Conveyance of Property by Department of Transportation

The bill provides that before the department disposes of property under s. 337.25, F.S., it must offer a
written right of first refusal to the previous property owner at the department's current estimate of
property value, except when:
• The property was donated to the state for transportation purposes, and:
o The facility has not been constructed for at least 5 years;
o Plans have not been prepared; and
o The property is not located in a transportation corridor.
• The property was originally acquired specifically to provide replacement housing for persons
displaced by transportation projects.

Under the bill, the right of first refusal must give the previous owner fifteen days to accept the offer. If
the previous owner exercises the right of first refusal, he or she has sixty days to close on the property.
If the previous owner does not exercise the right, the department may not offer new terms to a different
buyer without first allowing the previous owner a chance to accept the new terms.
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The bill provides an effective date of July 1, 2020.

B. SECTION DIRECTORY:
Section 1: Amends s. 70.001, F.S., relating to private property rights protection.
Section 2: Amends s. 70.45, F.S., relating to governmental exactions.
Section 3: Amends s. 70.51, F.S., relating to land use and environmental dispute resolution.
Section 4: Amends s. 163.3181, F.S., relating to public participation in the comprehensive planning
process; intent; alternative dispute resolution.
Section 5: Amends s. 337.25, F.S, relating to acquisition, lease, and disposal of real and personal
property.
Section 6: Provides an effective date of July 1, 2020.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
None.

2. Expenditures:
The bill may have an indeterminate negative fiscal impact on local governments by:
• Making it easier for a private property owner to challenge a local government regulation that
burdens the property.
• Requiring a local government, when it makes a settlement offer to a property owner, to treat
all other similarly situated residential properties within the political subdivision similarly.
• Allowing a jury or the court to consider business damages in making its calculation to
determine a property owner's damages.
• Removing the right of a government to seek attorney fees and costs when a property owner
unreasonably refuses a bona fide offer to settle a property claim.
• Requiring a court to award a landowner attorney fees and costs in certain situations under
the Land Use and Environmental Dispute Resolution Act.
• Requiring the Department of Transportation, in certain situations, to offer a previous
property owner a right of first refusal.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill streamlines and simplifies the process for a private property owner to sue the government for
enacting a regulation that burdens private property rights. The bill also allows the jury or the court, in an
action for damages, to consider business damages. The bill broadens the types of disputes that may be
resolved under the informal process within s. 70.51, F.S. These provisions may have an indeterminate
positive impact on the private sector.

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D. FISCAL COMMENTS:
None.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
Not applicable.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES

On January 16, 2020, the Civil Justice Subcommittee adopted an amendment and reported the bill favorably
as a committee substitute. The amendment:

• Broadened the types of disputes between a landowner and a government that are covered by the Land
Use and Environmental Dispute Resolution Act (Act).
• Updated and modified the Act's procedures.
• Added a provision allowing a landowner to recover attorney fees and costs if a government refuses to
mediate under the Act.

This analysis is drafted to the committee substitute as passed by the Civil Justice Subcommittee.

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FLORIDA H O U S E 0 F REPRESENTATIVES

CS/HB 519 2020

1 A bill to be entitled
2 An act relating to private property rights protection;
3 amending s. 70.001, F.S.; revising legislative intent;
4 revising notice of claim requirements for property
5 owners; revising procedures for determination of
6 compensation; creating a presumption that certain
7 settlements of claims apply to all similarly situated
8 residential properties within a political subdivision
9 under certain circumstances; authorizing property
10 owners to bring claims against governmental entities
11 in certain circumstances; providing that property
12 owners are not required to submit formal development
13 applications or proceed through formal application
14 processes to bring claims in specified circumstances;
15 amending s. 70.45, F.S.; providing a definition;
16 authorizing property owners to bring actions to
17 declare prohibited exactions invalid; amending s.
18 70.51, F.S.; providing and revising definitions;
19 providing for resolution of disputes concerning
20 comprehensive plan amendments under the Florida Land
21 Use and Environmental Dispute Resolution Act; revising
22 requirements for initiating a proceeding under the
23 act; providing for an award of attorney fees and costs
24 to property owners who successfully bring actions to
25 compel a governmental entity to participate in certain

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26 proceedings; revising provisions concerning tolling of
27 certain administrative proceedings; revising the time
28 periods for a governmental entity to respond to a
29 request for relief; requiring mediations to be
30 conducted according to specified provisions; requiring
31 the governmental entity's conduct in dispute
32 resolution to be considered in determining whether
33 regulatory efforts were unreasonable or unfairly
34 burdened use of the property; revising the deadline
35 for a magistrate to prepare and file a written
36 recommendation; revising provisions concerning
37 settlement agreements; specifying that a governmental
38 entity has authority to rehear and reconsider certain
39 actions pursuant to a special magistrate's
40 recommendation; providing requirements for such
41 rehearing and reconsideration; revising provisions
42 concerning other remedies that may be pursued by a
43 property owner; providing requirements for guidelines
44 adopted by governmental entities for dispute
45 resolution proceedings; specifying that certain
46 settlement discussions are confidential; requiring
47 that actions on proposed settlements be taken at open
48 meetings; deleting obsolete language; amending s.
49 163.3181, F.S.; conforming provisions to changes made
50 by the act; amending s. 337.25, F.S.; requiring the

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51 Department of Transportation to afford a right of
52 first refusal to the previous property owner before
53 disposing of property in certain circumstances;
54 providing an effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Subsections (1), (4), (5), (6), and (11) of
59 section 70.001, Florida Statutes, are amended to read:
60 70.001 Private property rights protection.-
61 (1) This act may be cited as the "Bert J. Harris, Jr.,
62 Private Property Rights Protection Act." The Legislature
63 recognizes that some laws, regulations, and ordinances of the
64 state and political entities in the state, as applied, may
65 inordinately burden, restrict, or limit private property rights
66 without amounting to a taking under the State Constitution or
67 the United States Constitution. The Legislature determines that
68 there is an important state interest in protecting the interests
69 of private property owners from such inordinate burdens. The
70 Legislature further recognizes that it is in the public interest
71 to ensure that all similarly situated residential properties are
72 subject to the same rules and regulations. Therefore, it is the
73 intent of the Legislature that, as a separate and distinct cause
74 of action from the law of takings, the Legislature herein
75 provides for relief, or payment of compensation, when a new law,

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76 rule, regulation, or ordinance of the state or a political
77 entity in the state, as applied, unfairly affects real property.
78 ( 4) (a) Not less than 90 ±-§..8. days before prior to filing an
79 action under this section against a governmental entity, a
80 property owner who seeks compensation under this section must
81 present the claim in writing to the head of the governmental
82 entity, except that if the property is classified as
83 agricultural pursuant to s. 193.461, the notice period is 90
84 a-a-y-s-. The property owner must submit, along with the claim, a
85 bona fide, valid appraisal that supports the claim and
86 demonstrates the loss in fair market value to the real property.
87 If the action of government is the culmination of a process that
88 involves more than one governmental entity, or if a complete
89 resolution of all relevant issues, in the view of the property
90 owner or in the view of a governmental entity to whom a claim is
91 presented, requires the active participation of more than one
92 governmental entity, the property owner shall present the claim
93 as provided in this section to each of the governmental
94 entities.
95 (b) The governmental entity shall provide written notice
96 of the claim to all parties to any administrative action that
97 gave rise to the claim, and to owners of real property
98 contiguous to the owner's property at the addresses listed on
99 the most recent county tax rolls. Within 15 days after the claim
100 is presented, the governmental entity shall report the claim in

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101 writing to the Department of Legal Affairs, and shall provide
102 the department with the name, address, and telephone number of
103 the employee of the governmental entity from whom additional
104 information may be obtained about the claim during the pendency
105 of the claim and any subsequent judicial action.
106 (c) During the 90-day-notice period or the 150 day notice
107 period, unless extended by agreement of the parties, the
108 governmental entity shall make a written settlement offer to
109 effectuate:
110 1. An adjustment of land development or permit standards
111 or other provisions controlling the development or use of land.
112 2. Increases or modifications in the density, intensity,
113 or use of areas of development.
114 3. The transfer of developmental rights.
115 4. Land swaps or exchanges.
116 5. Mitigation, including payments in lieu of onsite
117 mitigation.
118 6. Location on the least sensitive portion of the
119 property.
120 7. Conditioning the amount of development or use
121 permitted.
122 8. A requirement that issues be addressed on a more
123 comprehensive basis than a single proposed use or development.
124 9. Issuance of the development order, a variance, a
125 special exception, or any other extraordinary relief.

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126 10. Purchase of the real property, or an interest therein,
127 by an appropriate governmental entity or payment of
128 compensation.
129 11. No changes to the action of the governmental entity.
130
131 If the property owner accepts a settlement offer, either before
132 or after filing an action, the governmental entity may implement
133 the settlement offer by appropriate development agreement; by
134 issuing a variance,~ special exception, or any other
135 extraordinary relief; or by any other appropriate method,
136 subject to paragraph (d).
137 (d)l. When a governmental entity enters into a settlement
138 agreement under this section which would have the effect of a
139 modification, variance, or a special exception to the
140 application of a rule, regulation, or ordinance as it would
141 otherwise apply to the subject real property, the relief granted
142 shall protect the public interest served by the regulations at
143 issue and be the appropriate relief necessary to prevent the
144 governmental regulatory effort from inordinately burdening the
145 real property. Settlement offers made pursuant to paragraph (c)
146 shall be presumed to protect the public interest.
147 2. When a governmental entity enters into a settlement
148 agreement under this section which would have the effect of
149 contravening the application of a statute as it would otherwise
150 apply to the subject real property, the governmental entity and

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151 the property owner shall jointly file an action in the circuit
152 court where the real property is located for approval of the
153 settlement agreement by the court to ensure that the relief
154 granted protects the public interest served by the statute at
155 issue and is the appropriate relief necessary to prevent the
156 governmental regulatory effort from inordinately burdening the
157 real property.
158 3. When a residential property owner submits a claim under
159 this section which is based on a governmental entity's
160 application of a regulation or ordinance to more than one
161 residential parcel, and the governmental entity reaches a
162 settlement of such claim or the property owner secures a
163 judgment declaring an inordinate burden under paragraph (6) (a),
164 there shall be a presumption, rebuttable only by clear and
165 convincing evidence, that similarly situated residential
166 parcels, as evaluated on a parcel-by-parcel basis, have been
167 inordinately burdened and are entitled to equivalent terms of
168 settlement or a judicial determination of an inordinate burden.
169 In such cases, the similarly situated residential property
170 owners must submit the appraisal specified in paragraph (a) not
171 less than 120 days before a trial on the merits of the damages
172 portion of the proceedings pursuant to paragraph ( 6) (b) . During
173 the 90-day-notice period of such claims, the governmental entity
174 is encouraged to negotiate terms of settlement consistent with
175 settlement agreements for similarly situated residential

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176 parcels.
177
178 This paragraph applies to any settlement reached between a
179 property owner and a governmental entity regardless of when the
180 settlement agreement was entered so long as the agreement fully
181 resolves all claims asserted under this section.
182 (5) (a) During the 90-day-notice period or the 150 day
183 notice period, unless a settlement offer is accepted by the
184 property owner, each of the governmental entities provided
185 notice pursuant to subsection (4) paragraph (4) (a) shall issue a
186 written statement of allowable uses identifying the allowable
187 uses to which the subject property may be put. The failure of
188 the governmental entity to issue a statement of allowable uses
189 during the applicable 90-day-notice period or 150 day notice
190 period shall be deemed a denial for purposes of allowing a
191 property owner to file an action in the circuit court under this
192 section. If a written statement of allowable uses is issued, it
193 constitutes the last prerequisite to judicial review for the
194 purposes of the judicial proceeding created by this section,
195 notwithstanding the availability of other administrative
196 remedies.
197 (b) If the property owner rejects the settlement offer and
198 the statement of allowable uses of the governmental entity or
199 entities, the property owner may file a claim for compensation
200 in the circuit court, a copy of which shall be served

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201 contemporaneously on the head of each of the governmental
202 entities that made a settlement offer and a statement of
203 allowable uses that was rejected by the property owner. Actions
204 under this section shall be brought only in the county where the
205 real property is located.
206 ( 6) (a) The circuit court shall determine whether an
207 existing use of the real property or a vested right to a
208 specific use of the real property existed and, if so, whether,
209 considering the settlement offer and statement of allowable
210 uses, the governmental entity or entities have inordinately
211 burdened the real property. If the actions of more than one
212 governmental entity, considering any settlement offers and
213 statement of allowable uses, are responsible for the action that
214 imposed the inordinate burden on the real property of the
215 property owner, the court shall determine the percentage of
216 responsibility each such governmental entity bears with respect
217 to the inordinate burden. A governmental entity may take an
218 interlocutory appeal of the court's determination that the
219 action of the governmental entity has resulted in an inordinate
220 burden. An interlocutory appeal does not automatically stay the
221 proceedings; however, the court may stay the proceedings during
222 the pendency of the interlocutory appeal. If the governmental
223 entity does not prevail in the interlocutory appeal, the court
224 shall award to the prevailing property owner the costs and a
225 reasonable attorney fee incurred by the property owner in the

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226 interlocutory appeal.
227 (b) Following its determination of the percentage of
228 responsibility of each governmental entity, and following the
229 resolution of any interlocutory appeal, the court shall impanel
230 a jury to determine the total amount of compensation to the
231 property owner for the loss in value due to the inordinate
232 burden to the real property. The property owner retains the
233 option to forego a jury and elect to have the court determine
234 the award of compensation. The award of compensation shall be
235 determined by calculating the difference in the fair market
236 value of the real property, as it existed at the time of the
237 governmental action at issue, as though the owner had the
238 ability to attain the reasonable investment-backed expectation
239 or was not left with uses that are unreasonable, whichever the
240 case may be, and the fair market value of the real property, as
241 it existed at the time of the governmental action at issue, as
242 inordinately burdened, considering the settlement offer together
243 with the statement of allowable uses, of the governmental entity
244 or entities. In determining the award of compensation,
245 consideration may not be given to business damages relative to
246 any development, activity, or use that the action of the
247 governmental entity or entities, considering the settlement
248 offer together with the statement of allowable uses has
249 restricted, limited, or prohibited. The award of compensation
250 shall include a reasonable award of prejudgment interest from

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251 the date the claim was presented to the governmental entity or
252 entities as provided in subsection (4).
253 (c) 1. In any action filed pursuant to this section, the
254 property owner is entitled to recover reasonable costs and
255 attorney fees incurred by the property owner, from the
256 governmental entity or entities, according to their
257 proportionate share as determined by the court, from the date of
258 the claim with the governmental entity pursuant to paragraph
259 (4) (a) filing of the circuit court action, if the property owner
260 prevails in the action and the court determines that the
261 settlement offer, including the statement of allowable uses, of
262 the governmental entity or entities did not constitute a bona
263 fide offer to the property or.mer r.;rhich reasonably would have
264 resolved the claim, based upon the knowledge available to the
265 governmental entity or entities and the property o\1ner during
266 the 90 day notice period or the 150 day notice period.
267 2. In any action filed pursuant to this section, the
268 governmental entity or entities are entitled to recover
269 reasonable coots and attorney fees incurred by the governmental
270 entity or entities from the date of the filing of the circuit
271 court action, if the goverfifflental entity or entities prevail in
272 the action and the court determines that the property owner did
273 not accept a bona fide settlement offer, including the statement
274 of allowable uses, which reasonably would have resolved the
275 claim fairly to the property owner if the settlement offer had

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276 been accepted by the property evmer, based upon the knowledge
277 available to the governmental entity or entities and the
278 property owner during the 90 day notice period or the 1§0 day
279 notice period.
280 2.-3-;- The determination of total reasonable costs and
281 attorney fees pursuant to this paragraph shall be made by the
282 court and not by the jury. Any proposed settlement offer or any
283 proposed decision, except for the final written settlement offer
284 or the final written statement of allowable uses, and any
285 negotiations or rejections in regard to the formulation either
286 of the settlement offer or the statement of allowable uses, are
287 inadmissible in the subsequent proceeding established by this
288 section except for the purposes of the determination pursuant to
289 this paragraph.
290 (d} Within 15 days after the execution of any settlement
291 pursuant to this section, or the issuance of any judgment
292 pursuant to this section, the governmental entity shall provide
293 a copy of the settlement or judgment to the Department of Legal
294 Affairs.
295 (11) A cause of action may not be commenced under this
296 section if the claim is presented more than 1 year after a law
297 or regulation is first applied by the governmental entity to the
298 property at issue.
299 (a} For purposes of determining when this 1-year claim
300 period accrues:

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301 1.a. A law or regulation is first applied upon enactment
302 and notice as provided for in this sub-subparagraph subparagraph
303 if the impact of the law or regulation on the real property is
304 clear and unequivocal in its terms and notice is provided by
305 mail to the affected property owner or registered agent at the
306 address referenced in the jurisdiction's most current ad valorem
307 tax records. The fact that the law or regulation could be
308 modified, varied, or altered under any other process or
309 procedure does not preclude the impact of the law or regulation
310 on a property from being clear or unequivocal pursuant to this
311 sub-subparagraph subparagraph. Any notice under this sub-
312 subparagraph subparagraph shall be provided after the enactment
313 of the law or regulation and shall inform the property owner or
314 registered agent that the law or regulation may impact the
315 property owner's existing property rights and that the property
316 owner may have only 1 year from receipt of the notice to pursue
317 any rights established under this section.
318 b. If the notice required in sub-subparagraph a. is not
319 provided to the property owner, the property owner may at any
320 time after enactment notify the governmental entity in writing
321 that the property owner deems the impact of the law or
322 regulation on the property owner's real property to be clear and
323 unequivocal in its terms and, as such, restrictive of uses
324 allowed on the property before the enactment. Within 45 days
325 after receipt of a notice under this sub-subparagraph, the

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326 governmental entity in receipt of the notice must respond in
327 writing to state whether the law or regulation is applicable to
328 the real property in question and provide a description of the
329 limitations imposed on the property by the law or regulation. If
330 the governmental entity concludes that the law or regulation is
331 applicable by imposing new limitations on the uses of the
332 property, the property owner is not required to formally pursue
333 an application for a development order, development permit, or
334 building permit as such will be deemed a waste of resources and
335 shall not be a prerequisite to bringing a claim pursuant to
336 paragraph (4) (a). However, any such claim must be filed within 1
337 year after the date of the property owner's receipt of the
338 notice from the governmental entity of the limitations on use
339 imposed on the real property.
340 2. Otherwise, the law or regulation is first applied to
341 the property when there is a formal denial of a written request
342 for development or variance.
343 Section 2. Paragraphs (c) through (e) of subsection (1) of
344 section 70.45, Florida Statutes, are redesignated as paragraphs
345 (d) through (f), respectively, a new paragraph (c) is added to
346 that subsection, and subsections (2), (4), and (5) of that
347 section are amended, to read:
348 70.45 Governmental exactions.-
349 (1) As used in this section, the term:
350 (c) "Imposed" or "imposition" as it relates to a

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351 prohibited exaction or condition of approval refers to the time
352 at which the property owner must comply with the prohibited
353 exaction or condition of approval.
354 (2) In addition to other remedies available in law or
355 equity, a property owner may bring an action in a court of
356 competent jurisdiction under this section to declare a
357 prohibited exaction invalid and recover damages caused by a
358 prohibited exaction. Such action may not be brought until a
359 prohibited exaction is actually imposed or required in writing
360 as a final condition of approval for the requested use of real
361 property. The right to bring an action under this section may
362 not be waived. This section does not apply to impact fees
363 adopted under s. 163.31801 or non-ad valorem assessments as
364 defined ins. 197.3632.
365 ( 4) For each claim filed under this section, the
366 governmental entity has the burden of proving that the
367 challenged exaction has an essential nexus to a legitimate
368 public purpose and is roughly proportionate to the impacts of
369 the proposed use that the governmental entity is seeking to
370 avoid, minimize, or mitigate. The property owner has the burden
371 of proving damages that result from a prohibited exaction.
372 (5) The court may award attorney fees and costs to the
373 prevailing party; however, if the court determines that the
374 challenged exaction which is the subject of the claim lacks an
375 essential nexus to a legitimate public purpose, the court shall

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376 award attorney fees and costs to the property owner.
377 Section 3. Subsections ( 2) , ( 3) , and ( 4) , paragraph (b) of
378 subsection ( 5) , paragraphs (a) , (b) , and ( c) of subsection ( 6) ,
379 subsections (8), (10), (11), (12), and (13), paragraph (a) of
380 subsection (15), paragraph (a) of subsection (16), and
381 subs e ct ions (1 7 ) , (1 8 ) , (1 9 ) , (2 0 ) , (2 1 ) , (2 4 ) , (2 5 ) , (2 6 ) ,
382 (28), and (30) of section 70.51, Florida Statutes, are amended
383 to read:
384 70.51 Land use and environmental dispute resolution.-
385 (2) As used in this section, the term:
386 (a) "Comprehensive plan amendment" means a governmental
387 action subject to s. 163.3181(4).
388 fil-+a+ "Development order" means any order, or notice of
389 proposed state or regional governmental agency action, which is
390 or will have the effect of granting, denying, or granting with
391 conditions an application for a development permit, and includes
392 the rezoning of a specific parcel. Actions by the state or a
393 local governffient on comprehensive plan affiendffients are not
394 developffient orders.
395 J...£.L--fb+ "Development permit" means any building permit,
396 zoning permit, subdivision approval, certification, special
397 exception, variance, or any other similar action of local
398 government, as well as any permit authorized to be issued under
399 state law by state, regional, or local government which has the
400 effect of authorizing the development of real property

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401 including, but not limited to, programs implementing chapters
402 125, 161, 163, 166, 187, 258, 372, 373, 378, 380, and 403.
403 ( d) "Enforcement action" means any civil or administrative
404 action by a governmental entity intended to enforce any law,
405 ordinance, regulation, rule, or policy related to the
406 development or use of real property. The term includes, but is
407 not limited to, any action taken under chapter 162, such as a
408 notice of violation, order, or placement of a lien, or the
409 service of a notice of violation or an order to correct a
410 condition, or an equivalent action, by a state agency.
411 _l_tl+f+ "Governmental entity" includes an agency of the
412 state, a regional or a local government created by the State
413 Constitution or by general or special act, any county or
414 municipality, or any other entity that independently exercises
415 governmental authority. The term does not include the United
416 States or any of its agencies.
417 ill+tt "Land" or "real property" means land and includes
418 any appurtenances and improvements to the land, including any
419 other relevant real property in which the owner had a relevant
420 interest.
421 J..5Il-f-e+ "Owner" means a person with a legal or equitable
422 interest in real property who filed an application for a
423 development permit for the property at the state, regional, or
424 local level and who received a development order, who filed a
425 comprehensive plan amendment, or who holds legal title to or who

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426 has a legal or equitable interest in real property that is
427 subject, or is otherwise a person subject to, to an enforcement
428 action of a governmental entity.
429 J...!:~_L+e+- "Proposed Use of the property" means the proposal
430 filed by the owner to develop his or her real property or the
431 actual use of the property giving rise to an enforcement action.
432 Jil+e+- "Special magistrate" means a person selected by the
433 parties to perform the duties prescribed in this section. The
434 special magistrate must be a resident of the state and possess
435 experience and expertise in mediation and at least one of the
436 following disciplines and a working familiarity with the others:
437 land use and environmental permitting, land planning, land
438 economics, local and state government organization and powers,
439 and the law governing the same. A special magistrate is not
440 required to be a certified mediator.
441 (3) Any owner who believes that a development order,
442 either separately or in conjunction with other development
443 orders, a comprehensive plan amendment, or an enforcement action
444 of a governmental entity7 is unreasonable or unfairly burdens
445 the use of the owner's real property7 may apply within 30 days
446 after receipt of the order or notice of the governmental action
447 for relief under this section.
448 (4) To initiate a proceeding under this section, an owner
449 must file a request for relief with the elected or appointed
450 head of the governmental entity that issued the development

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451 order or orders, denied the comprehensive plan amendment, or
452 ~ initiated the enforcement action. Filing may be by
453 electronic mail to the official email address of the head of the
454 governmental entity, by hand delivery to such person, or by
455 United States mail to such person at his or her official
456 address. Formal service of process is not required for such
457 filing. The process shall be considered initiated as of the date
458 the petition is filed with the head of the governmental entity
459 pursuant to this subsection. The head of the governmental entity
460 may not charge the owner for the request for relief and must
461 forward the request for relief to the special magistrate who is
462 mutually agreed upon by the owner and the governmental entity
463 within 10 days after receipt of the request.
464 (5) The governmental entity with whom a request has been
465 filed shall also serve a copy of the request for relief by
466 United States mail or by hand delivery to:
467 (b) Any substantially affected party who submitted oral or
468 written testimony, sworn or unsworn, of a substantive nature
469 which stated with particularity objections to or support for any
470 development order, comprehensive plan amendment, at issue or
471 enforcement action at issue. Notice under this paragraph is
472 required only if that party indicated a desire to receive notice
473 of any subsequent special magistrate proceedings occurring on
474 the development order, comprehensive plan amendment, or
475 enforcement action. Each governmental entity must maintain in

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476 its files relating to each particular development order,
477 comprehensive plan amendment, or enforcement action orders a
478 mailing list of persons who have presented oral or written
479 testimony and who have requested notice.
480 (6) The request for relief must contain:
481 (a) A brief statement of the owner's proposed use of the
482 property.
483 (b) A summary of the development order or comprehensive
484 plan amendment or a description of the enforcement action. A
485 copy of the development order or comprehensive plan amendment or
486 the documentation of an enforcement action at issue must be
487 attached to the request.
488 (c) A brief statement of the impact of the development
489 order, denial of the comprehensive plan amendment, or
490 enforcement action on the ability of the owner to achieve the
491 proposed use of the property.
492 (8) The special magistrate has the sole authority to
493 determine whether a request for relief is complete and was
494 timely filed and may conduct a hearing on whether the request
495 for relief should be dismissed for failing to include the
496 information required in subsection (6). If the special
497 magistrate dismisses the case, the special magistrate shall
498 allow the owner to amend the request and refile. Failure to file
499 an adequate amended request within the time specified shall
500 result in a dismissal with prejudice as to this proceeding. A

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501 property owner who is successful in a suit to require a
502 governmental entity to participate in a proceeding under this
503 section shall be awarded attorney fees and costs.
504 (10) (a) Before initiating a special magistrate proceeding
505 to review a local development order, comprehensive plan
506 amendment, or local enforcement action, the owner must exhaust
507 all nonjudicial local government administrative appeals if the
508 appeals take no longer than 4 months. Once nonjudicial local
509 administrative appeals are exhausted and the development orderL
510 comprehensive plan amendment, or enforcement action is final, or
511 within 4 months after issuance of the development order, denial
512 of the comprehensive plan amendment, or notice of the
513 enforcement action if the owner has pursued local administrative
514 appeals even if the appeals have not been concluded, the owner
515 may initiate a proceeding under this section. Initiation of a
516 proceeding tolls the rendition or effectiveness of the
517 development order, denial of the comprehensive plan amendment,
518 time for seeking judicial review of a local government
519 development order or enforcement action until the special
520 magistrate's recommendation is acted upon by the local
521 government. Election by the owner to file for judicial review of
522 a local government development order, comprehensive plan
523 amendment, or enforcement action before prior to initiating a
524 proceeding under this section waives any right to a special
525 magistrate proceeding.

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526 (b) If an owner requests special magistrate relief from a
527 development order, comprehensive plan amendment, or enforcement
528 action issued by a state or regional agency, the time for
529 challenging agency action under ss. 120.569 and 120.57 is tolled
530 until the agency acts upon the recommendation of the special
531 magistrate or the proceeding is terminated by the owner. If an
532 owner chooses to bring a proceeding under ss. 120.569 and 120.57
533 before initiating a special magistrate proceeding, then the
534 owner waives any right to a special magistrate proceeding unless
535 all parties consent to proceeding to mediation.
536 (11) The initial party to the proceeding is the
537 governmental entity that issues the development order or
538 comprehensive plan amendment to the owner or that is taking the
539 enforcement action. In those instances when the development
540 order, comprehensive plan amendment, or enforcement action is
541 the culmination of a process involving more than one
542 governmental entity or when a complete resolution of all
543 relevant issues would require the active participation of more
544 than one governmental entity, the special magistrate may, upon
545 application of a party, join those governmental entities as
546 parties to the proceeding if it will assist in effecting the
547 purposes of this section, and those governmental entities so
548 joined shall actively participate in the procedure.
549 (12) Within 21 days after the date of notice provided
550 under subsection (5) reeeipt of the request for relief, any

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551 owner of land contiguous to the owner's property and any
552 substantially affected person who submitted oral or written
553 testimony, sworn or unsworn, of a substantive nature which
554 stated with particularity objections to or support for the
555 development order, comprehensive plan amendment, or enforcement
556 action at issue may make a written request to participate in the
557 hearing by transmitting such request to the official who signed
558 the notice proceeding. Those persons may be permitted to
559 participate in the hearing but shall not be granted party or
560 intervenor status. The participation of such persons is limited
561 to addressing issues raised regarding alternatives, variances,
562 and other types of adjustment to the development orderL
563 comprehensive plan amendment, or enforcement action which may
564 impact their substantial interests, including denial of the
565 development order or comprehensive plan amendment or application
566 of an enforcement action.
567 (13) Each party must make efforts to assure that those
568 persons qualified by training or experience necessary to address
569 issues raised by the request or by the special magistrate and
570 further qualified to address alternatives, variances, and other
571 types of modifications to the development order, comprehensive
572 plan amendment, or enforcement action are present at the
573 hearing.
574 (15) (a) The special magistrate shall hold a hearing within
575 60 4§. days after his or her receipt of the request for relief

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576 unless a different date is agreed to by all the parties. The
577 hearing must be held in the county in which the property is
578 located.
579 ( 16) (a) Five days after the date on which the special
580 magistrate is selected, or 21 days after the date on which the
581 petition is served Fifteen days following the filing of a
582 request for relief, whichever is earlier, the governmental
583 entity that issued the development order or comprehensive plan
584 amendment or that is taking the enforcement action shall file a
585 response to the request for relief with the special magistrate
586 together with a copy to the owner. The response must set forth
587 in reasonable detail the position of the governmental entity
588 regarding the matters alleged by the owner. The response must
589 include a brief statement explaining the public purpose of the
590 regulations on which the development order, comprehensive plan
591 amendment, or enforcement action is based.
592 (17) In all respects, the hearing must be informal and
593 open to the public and does not require the use of an attorney.
594 The hearing must operate at the direction and under the
595 supervision of the special magistrate. The object of the hearing
596 is to focus attention on the impact of the governmental action
597 giving rise to the request for relief and to explore
598 alternatives to the development order, comprehensive plan
599 amendment, or enforcement action and other regulatory efforts by
600 the governmental entities in order to recommend relief, when

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601 appropriate, to the owner.
602 (a) The first responsibility of the special magistrate is
603 to facilitate a resolution of the conflict between the owner and
604 governmental entities to the end that some modification of the
605 owner's proposed use of the property or adjustment in the
606 development order, comprehensive plan amendment, or enforcement
607 action or regulatory efforts by one or more of the governmental
608 parties may be reached. Accordingly, the special magistrate
609 shall act as a facilitator or mediator between the parties in an
610 effort to effect a mutually acceptable solution. The parties
611 shall be represented at the mediation by persons with authority
612 to bind their respective parties to a solution, or by persons
613 with authority to recommend a solution directly to the persons
614 with authority to bind their respective parties to a solution.
615 The mediation shall be conducted according toss. 44.401-44.406.
616 (b) If an acceptable solution is not reached by the
617 parties after the special magistrate's attempt at mediation, the
618 special magistrate shall consider the facts and circumstances
619 set forth in the request for relief and any responses and any
620 other information produced at the hearing in order to determine
621 whether the action by the governmental entity or entities is
622 unreasonable or unfairly burdens the real property.
623 (c) In conducting the hearing, the special magistrate may
624 hear from all parties and witnesses that are necessary to an
625 understanding of the matter. The special magistrate shall weigh

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626 all information offered at the hearing.
627 (18) The circumstances to be examined in determining
628 whether the development order, comprehensive plan amendment, or
629 enforcement action, or the development order, comprehensive plan
630 amendment, or enforcement action in conjunction with regulatory
631 efforts of other governmental parties, is unreasonable or
632 unfairly burdens use of the property may include, but are not
633 limited to:
634 (a) The history of the real property, including when it
635 was purchased, how much was purchased, where it is located, the
636 nature of the title, the composition of the property, and how it
637 was initially used.
638 (b) The history or development and use of the real
639 property, including what was developed on the property and by
640 whom, if it was subdivided and how and to whom it was sold,
641 whether plats were filed or recorded, and whether infrastructure
642 and other public services or improvements may have been
643 dedicated to the public.
644 (c) The history of environmental protection and land use
645 controls and other regulations, including how and when the land
646 was classified, how use was proscribed, and what changes in
647 classifications occurred.
648 (d) The present nature and extent of the real property,
649 including its natural and altered characteristics.
650 (e) The reasonable expectations of the owner at the time

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651 of acquisition, or immediately before prior to the
652 implementation of the regulation at issue, whichever is later,
653 under the regulations then in effect and under common law.
654 (f) The public purpose sought to be achieved by the
655 development order, comprehensive plan amendment, or enforcement
656 action, including the nature and magnitude of the problem
657 addressed by the underlying regulations on which the development
658 order, comprehensive plan amendment, or enforcement action is
659 based; whether the development order, comprehensive plan
660 amendment, or enforcement action is necessary to the achievement
661 of the public purpose; and whether there are alternative
662 development orders, comprehensive plan amendments, or
663 enforcement action conditions that would achieve the public
664 purpose and allow for reduced restrictions on the use of the
665 property.
666 (g) Uses authorized for and restrictions placed on similar
667 property.
668 (h) Whether the governmental entity attempted to resolve
669 the dispute in good faith, including, but not limited to,
670 adhering to the deadlines provided in this section.
671 ~-#rt- Any other information determined relevant by the
672 special magistrate.
673 (19) Within 14 days after the conclusion of the hearing,
674 or when the parties propose a settlement agreement for entry by
675 the special magistrate pursuant to subsection (22), the special

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676 magistrate shall prepare and file with all parties a written
677 recommendation.
678 (a) If the special magistrate finds and concludes that the
679 development order at issue, or the development order~
680 comprehensive plan amendment, or enforcement action in
681 combination with the actions or regulations of other
682 governmental entities, is not unreasonable or does not unfairly
683 burden the use of the owner's property, the special magistrate
684 must recommend that the development order, comprehensive plan
685 amendment, or enforcement action remain undisturbed and the
686 proceeding shall end, subject to the owner's retention of all
687 other available remedies.
688 (b) If the special magistrate finds and concludes that the
689 development order, comprehensive plan amendment, or enforcement
690 action, or the development order, comprehensive plan amendment,
691 or enforcement action in combination with the actions or
692 regulations of other governmental entities, is unreasonable or
693 unfairly burdens use of the owner's property, the special
694 magistrate, with the owner's consent to proceed, may recommend
695 one or more alternatives that protect the public interest served
696 by the development order, comprehensive plan amendment, or
697 enforcement action and regulations at issue but allow for
698 reduced restraints on the use of the owner's real property,
699 including, but not limited to:
700 1. An adjustment of land development or permit standards

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701 or other provisions controlling the development or use of land.
702 2. Increases or modifications in the density, intensity,
703 or use of areas of development.
704 3. The transfer of development rights.
705 4. Land swaps or exchanges.
706 5. Mitigation, including payments in lieu of onsite
707 mitigation.
708 6. Location on the least sensitive portion of the
709 property.
710 7. Conditioning the amount of development or use
711 permitted.
712 8. A requirement that issues be addressed on a more
713 comprehensive basis than a single proposed use or development.
714 9. Rehearing or reconsideration and issuance of the
715 development order, comprehensive plan amendment, or enforcement
716 action with or without modifications or additional stipulations,
717 or a variance, special exception, or other extraordinary relief,
718 including withdrawal of the enforcement action.
719 10. Purchase of the real property, or an interest therein,
720 by an appropriate governmental entity.
721 (c) If the parties reach a proposed settlement agreement
722 at any time before the special magistrate enters a
723 recommendation, which agreement may remain subject to approval
724 by the governmental entity, the parties may request that the
725 special magistrate transmit the settlement agreement to the

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726 governmental entity as the special magistrate's findings and
727 recommendation for consideration and approval by the
728 governmental entity, and the special magistrate need not include
729 the findings or conclusions set forth in paragraph (a) or
730 paragraph (b) This subsection does not prohibit the owner and
731 governffiental entity froffi entering into an agreeffient as to the
732 perfflissible use of the property prior to the special ffiagistrate
733 entering a recoffiffiendation. An agreeffient for a perfflissible use
734 ffiust be incorporated in the special ffiagistrate's recoffiffiendation.
735 (d) This section provides legislative authority for the
736 governmental entity or tribunal to rehear and reconsider its
737 prior action on a development order, comprehensive plan
738 amendment, or enforcement action pursuant to, and in
739 consideration of, a special magistrate's recommendation
740 regardless of whether existing statutes, rules, ordinances, or
741 regulations provide for such a procedure. Any such rehearing or
742 reconsideration shall be at a public hearing noticed and
743 otherwise conducted in the same manner as the original hearing.
744 The tribunal shall treat the special magistrate's findings, or a
745 settlement agreement, as evidence for modification of its prior
746 development order, comprehensive plan amendment, or enforcement
747 action, and shall provide an opportunity for any person who
748 participated in the original hearing or the special magistrate's
749 proceeding to provide additional evidence and testimony. The
750 tribunal's action on the special magistrate's recommendation

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751 shall then become the final order on the development order,
752 comprehensive plan amendment, or enforcement action.
753 (20) The special magistrate's recommendation and findings
754 are 4-s- a public record under chapter 119. However, actions or
755 statements of all participants to the special magistrate
756 mediation proceeding are evidence of an offer to compromise and
757 inadmissible in any proceeding, judicial or administrative.
758 (21) Within 45 days after receipt of the special
759 magistrate's recommendation, the governmental entity responsible
760 for the development order, comprehensive plan amendment, or
761 enforcement action and other governmental entities participating
762 in the proceeding must consult among themselves and each
763 governmental entity must:
764 (a) Accept or modify the recommendation of the special
765 magistrate, including any proposed settlement agreement, as
766 submitted and proceed to implement it by development agreement,
767 when appropriate, by rehearing or reconsidering the development
768 order or enforcement action, or by other method, in the ordinary
769 course and consistent with the rules and procedures of that
770 governmental entity. However, the decision of the governmental
771 entity to accept the recommendation of the special magistrate
772 with respect to rehearing or reconsidering the prior development
773 order or enforcement action or granting a modification,
774 variance, or special exception to the application of statutes,
775 rules, regulations, or ordinances as they would otherwise apply

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776 to the subject property does not require an owner to duplicate
777 previous processes in which the owner has participated in order
778 to effectuate the granting of the modification, variance, or
779 special exception;
780 (b) Modify the recofflfflendation as subFRitted by the special
781 FRagistrate and proceed to iFRpleFRent it by developFRent agreeFRent,
782 when appropriate, or by other FRethod, in the ordinary course and
783 consistent with the rules and procedures of that governFRental
784 entity; or
785 J..e]__+et Reject the recommendation as submitted by the
786 special magistrate. Failure to act within 45 days is a rejection
787 unless the period is extended by agreement of the owner and
788 issuer of the development order, comprehensive plan amendment,
789 or enforcement action.
790 (24) The procedure created by this section is not itself,
791 nor does it create, a judicial cause of action. Once the
792 governmental entity acts on the special magistrate's
793 recommendation, the owner may pursue whatever administrative or
794 judicial remedies are applicable elect to file suit in a court
795 of coFRpetent jurisdiction. Invoking the procedures of this
796 section is not a condition precedent to filing a civil action.
797 (25) Regardless of the action the governmental entity
798 takes on the special magistrate's findings and recommendation, a
799 recommendation that the development order, comprehensive plan
800 amendment, or enforcement action, or the development order~

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801 comprehensive plan amendment, or enforcement action in
802 combination with other governmental regulatory actions, is
803 unreasonable or unfairly burdens use of the owner's real
804 property may serve as an indication of sufficient hardship to
805 support waivers of or modification, variances, or special
806 exceptions to the application of statutes, rules, regulations,
807 or ordinances to the subject property, whether as a part of the
808 implementation of the recommendation, in a subsequent
809 application, or in an administrative or judicial challenge to
810 the action of the governmental entity. However, the special
811 magistrate's findings and recommendations are not preclusive to
812 any issue or defense in any subsequent administrative or
813 judicial proceeding.
814 (26) A special magistrate's findings and recommendation
815 under this section constitutes data in support of, and a support
816 document for, a comprehensive plan or comprehensive plan
817 amendment, but is not, in and of itself, dispositive of a
818 determination of compliance with chapter 163.
819 (28) Each governmental entity may establish procedural
820 guidelines to govern the conduct of proceedings authorized by
821 this section, which must include, but are not limited to,
822 payment of special magistrate fees and expenses, including the
823 costs of providing notice and effecting service of the request
824 for relief under this section, which shall be borne equally by
825 the governmental entities and the owner. Such guidelines may not

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826 modify the requirements and relief provided by this section in
827 any way.
828 (30) In order to encourage the resolution of disputes, and
829 regardless of whether the parties are engaged in pending
830 litigation presently before a court or administrative agency, a
831 governmental entity may conduct meetings following the
832 procedures ins. 286.011(8) at any time after the governmental
833 entity responds in writing to a request for relief to discuss
834 settlement strategies, but shall not take action on a proposed
835 settlement agreement except at a noticed public meeting !fft±-s-
836 section applies only to developffient orders issued, ffiodified, or
837 affiended, or to enforceffient actions issued, on or after October
838 1, 1995.
839 Section 4. Subsection (4) of section 163.3181, Florida
840 Statutes, is amended to read:
841 163.3181 Public participation in the comprehensive
842 planning process; intent; alternative dispute resolution.-
843 (4) If a local government denies an owner's request for an
844 amendment to the comprehensive plan which is applicable to the
845 property of the owner, the owner may initiate a dispute
846 resolution proceeding under s. 70.51 the local governffient ffiUSt
847 afford an opportunity to the owner for inforffial ffiediation or
848 other alternative dispute resolution. The costs of the ffiediation
849 or other alternative dispute resolution shall be borne equally
850 by the local governffient and the o·,mer. If the owner requests

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851 ffiediation, the tiffie for bringing a judicial action is tolled
852 until the coffipletion of the ffiediation or 120 days, whichever is
853 earlier.
854 Section 5. Subsection (4) of section 337.25, Florida
855 Statutes, is amended to read:
856 337.25 Acquisition, lease, and disposal of real and
857 personal property.-
858 (4) The department may convey, in the name of the state,
859 any land, building, or other property, real or personal, which
860 was acquired under subsection (1) and which the department has
861 determined is not needed for the construction, operation, and
862 maintenance of a transportation facility. When such a
863 determination has been made, property may be disposed of through
864 negotiations, sealed competitive bids, auctions, or any other
865 means the department deems to be in its best interest, with due
866 advertisement for property valued by the department at greater
867 than $10,000. A sale may not occur at a price less than the
868 department's current estimate of value, except as provided in
869 paragraphs (a)-(d). The department may afford a right of first
870 refusal to the local government or other political subdivision
871 in the jurisdiction in which the parcel is situated, except in a
872 conveyance transacted under paragraph (a), paragraph (c), or
873 paragraph (e). Notwithstanding any provision of this section to
874 the contrary, before any conveyance under this subsection may be
875 made, except a conveyance under paragraph (a) or paragraph (c),

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876 the department shall first afford a right of first refusal to
877 the previous property owner for the department's current
878 estimate of value of the property. The right of first refusal
879 shall be made in writing and sent to the previous owner via
880 certified mail or hand delivery, effective upon receipt. The
881 right of first refusal shall provide the previous owner with a
882 minimum of 15 days to exercise the right in writing and sent to
883 the originator of the offer via certified mail or hand delivery,
884 effective upon dispatch. The previous owner shall have a minimum
885 of 60 days after exercising its right of first refusal to close.
886 If the previous owner does not exercise its right of first
887 refusal, the department may not deviate in any material respect
888 from the offer made to the previous owner unless it first
889 provides the previous owner with the right of first refusal
890 under the new terms. The same procedure shall apply to any
891 subsequent iterations of the sale terms.
892 (a) If the property has been donated to the state for
893 transportation purposes and a transportation facility has not
894 been constructed for at least 5 years, plans have not been
895 prepared for the construction of such facility, and the property
896 is not located in a transportation corridor, the governmental
897 entity may authorize reconveyance of the donated property for no
898 consideration to the original donor or the donor's heirs,
899 successors, assigns, or representatives.
900 (b) If the property is to be used for a public purpose,

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901 the property may be conveyed without consideration to a
902 governmental entity.
903 (c) If the property was originally acquired specifically
904 to provide replacement housing for persons displaced by
905 transportation projects, the department may negotiate for the
906 sale of such property as replacement housing. As compensation,
907 the state shall receive at least its investment in such property
908 or the department's current estimate of value, whichever is
909 lower. It is expressly intended that this benefit be extended
910 only to persons actually displaced by the project. Dispositions
911 to any other person must be for at least the department's
912 current estimate of value.
913 (d) If the department determines that the property
914 requires significant costs to be incurred or that continued
915 ownership of the property exposes the department to significant
916 liability risks, the department may use the projected
917 maintenance costs over the next 10 years to offset the
918 property's value in establishing a value for disposal of the
919 property, even if that value is zero.
920 (e) If, at the discretion of the department, a sale to a
921 person other than an abutting property owner would be
922 inequitable, the property may be sold to the abutting owner for
923 the department's current estimate of value.
924 Section 6. This act shall take effect July 1, 2020.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: HB 799 Pub. Rec.rrrade Secrets
SPONSOR(S): Gregory
TIED BILLS: HB 801 IDEN./SIM. BILLS: SB 1532

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Oversight, Transparency & Public Management 13 Y, 0 N Villa Smith
Subcommittee

2) Commerce Committee Willson .Mw' Hamon

3) State Affairs Committee

House Bill 801 (2020), which this bill is linked to, repeals most public record exemptions for trade secrets in
current law, all associated processes for designating a trade secret, and most references to trade secrets
contained in definitions for proprietary business information.

This bill creates a public record exemption for trade secrets that applies to most agencies that are subject to
public record requirements.

The bill defines the term "trade secret" and specifically excludes from the definition certain information related
to any contract or agreement, or an addendum thereto, with an agency. Such information includes the parties
to the contract or agreement; the amount of money paid, any payment structure or plan, expenditures,
incentives, bonuses, fees, or penalties; the nature or type of commodities or services purchased; and
applicable contract unit prices and deliverables.

The bill provides for repeal of the exemption on October 2, 2025, unless reviewed and saved from repeal
through reenactment by the Legislature. The bill provides a public necessity statement as required by the
Florida Constitution.

The bill may have a minimal fiscal impact on the state and local governments. See Fiscal Comments.

Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record or public meeting exemption.
The bill creates a new public record exemption; thus, it requires a two-thirds vote for final passage.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state's public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislator, however, may
provide by general law for the exemption of records from the requirements of Article I, s. 24(a) of the
Florida Constitution. 1 The general law must state with specificity the public necessity justifying the
exemption 2 and must be no more broad than necessary to accomplish its purpose. 3

Public policy regarding access to government records is addressed further ins. 119.07(1)(a}, F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record.
Furthermore, the Open Government Sunset Review Act4 provides that a public record exemption may
be created or maintained only if it serves an identifiable public purpose. In addition, it may be no more
broad than necessary to meet one of the following purposes: 5
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual's safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets.

The Act also requires the automatic repeal of a public record exemption on October 2nd of the fifth year
after its creation or substantial amendment, unless the Legislature reenacts the exemption. 6 Specified
questions must be considered by the Legislature during the review process.7

Trade Secrets
Florida law contains a variety of provisions that make trade secret information exempt or confidential
and exempt8 from public record requirements. Some exemptions only protect trade secrets, while
others protect "proprietary business information" and define that term to specifically include trade
secrets.

1
Art. I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a "public necessity statement."
3
Art. I, s. 24(c), FLA. CONST.
4
Section 119.15, F.S.
5
Section l 19.15(6)(b), F.S.
6
Section 119.15(3), F.S.
7
Section l l 9. l 5(6)(a), F.S., requires the Legislature to consider the following questions as part of the review process: 1) What
specific records or meetings are affected by the exemption? 2) What specific parties does the exemption affect? 3) What is the public
purpose of the exemption? 4) Can the information contained in the records or meetings be readily obtained by alternative means? Ifso,
how? 5) Is the record or meeting protected by another exemption? 6) Are there multiple exemptions for the same type ofrecord or
meeting that it would be appropriate to merge?
8
There is a difference between records the Legislature designates as exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004 ), review denied 892 So. 2d 1015 (Fla. 2004 );
City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla. 5th DCA
1991 ). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by
the custodian of public records to anyone other than the persons or entities specifically designated in statute. See Attorney General
Opinion 85-62 (August I, 1985).
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The following are examples of public record exemptions for trade secrets:
• Section 119.071(1){f), F.S., exempts data processing software obtained by an agency under a
licensing agreement that prohibits its disclosure where the software is a trade secret;
• Section 125.0104(9)(d), F.S., exempts trade secrets held by a county tourism promotion
agency;
• Section 288.1226(9), F.S., exempts trade secrets relating to projects conducted by the Florida
Tourism Industry Marketing Corporation;
• Section 331.326, F.S., makes trade secrets held by Space Florida confidential and exempt;
• Section 334.049(4), F.S., makes certain trade secret information obtained by the Department of
Transportation as a result of research and development projects confidential and exempt;
• Section 381.83, F.S., makes trade secret information obtained by the Department of Health
confidential and exempt;
• Sections 403.7046(2) and (3)(b) and 403.73, F.S., makes trade secret information reported to
the Department of Environmental Protection pursuant to specified regulations confidential and
exempt;
• Section 440.108(2), F.S., makes trade secrets contained in records held by the Department of
Financial Services relating to workers' compensation employer compliance investigations
confidential and exempt;
• Section 499.012(3)(c), F.S., makes trade secret information provided to the Department of
Business and Professional Regulation in a prescription drug permit application confidential and
exempt;
• Section 502.222, F.S., makes trade secret information of a dairy industry business held by the
Department of Agriculture and Consumer Services (DACS) confidential and exempt;
• Section 526.311 (2), F.S., makes trade secrets contained in investigative records related to the
sale of liquid fuel and brake fuel obtained by DACS confidential and exempt;
• Section 560.129(2), F.S., makes information obtained by the Office of Financial Regulation in
the course of an investigation of a money service business that is a trade secret confidential and
exempt;
• Section 570.48(3), F.S., makes records containing trade secrets held by DACS' Division of Fruit
and Vegetables confidential and exempt;
• Section 601.10(8)(b), F.S., makes any information held by the Department of Citrus that
contains trade secrets confidential and exempt;
• Section 601. 76, F.S., makes formulas containing trade secrets that are submitted to DACS
confidential and exempt;
• Section 626.884(2), F.S., makes information contained in insurance administrators' records
obtained by the Office of Insurance Regulation confidential and exempt; and
• Section 815.04(3), F.S., makes trade secret information that is held by an agency and exists
internal or external to a computer, computer system, computer network, or electronic device
confidential and exempt.

While some of these exemptions do not define the term "trade secret," a majority of them rely on one of
two different statutory definitions of the term. Some of the exemptions define the term in accordance
with Florida's criminal statutes, which define the term as follows:

"Trade secret" means the whole or any portion or phase of any formula, pattern,
device, combination of devices, or compilation of information which is for use, or
is used, in the operation of a business and which provides the business an
advantage, or an opportunity to obtain an advantage, over those who do not
know or use it. The term includes any scientific, technical, or commercial
information, including financial information, and includes any design, process,
procedure, list of suppliers, list of customers, business code, or improvement
thereof. Irrespective of novelty, invention, patentability, the state of the prior art,
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and the level of skill in the business, art, or field to which the subject matter
pertains, a trade secret is considered to be:
1. Secret;
2. Of value;
3. For use or in use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain an
advantage, over those who do not know or use it

when the owner thereof takes measures to prevent it from becoming available to
persons other than those selected by the owner to have access thereto for
limited purposes. 9

Other exemptions define the term in accordance with the Uniform Trade Secrets Act, 10 which defines
the term as follows:

"Trade secret" means information, including a formula, pattern, compilation,
program, device, method, technique, or process that:
(a) Derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means
by, other persons who can obtain economic value from its disclosure or
use; and
(b) Is the subject of efforts that are reasonable under the circumstances to
maintain its secrecy. 11

In addition, some exemptions provide a specific process that an agency 12 must use when protecting
trade secret information under the exemption. For instance, some exemptions require the party that
submits information claimed to be a trade secret to designate the information as protected, and some
exemptions require the agency to determine whether information claimed to be a trade secret
constitutes a trade secret. 13

House Bill 801 (2020)
House Bill 801 (2020), which this bill is linked to, repeals most public record exemptions for trade
secrets in current law, all associated processes for designating a trade secret, and most references to
trade secrets contained in definitions for proprietary business information.

Effect of the Bill

The bill, which is linked to the passage of HB 801 (2020) or similar legislation, creates a public record
exemption for trade secrets that applies to most agencies that are subject to public record
requirements.

The bill defines the term "trade secret" to have the same meaning as the definition currently codified in
the Uniform Trade Secrets Act, which includes information that is a formula, pattern, compilation,
program, device, method, technique, or process that:
• Derives independent economic value, actual or potential, from not being generally known to,
and not being readily ascertainable by proper means by, other persons who can obtain
economic value from its disclosure or use; and

9
Section 812.081(1)(c), F.S.
10
Sections 688.001 through 688.009, F.S.
11
Section 688.002(4), F.S.
12
The term "agency" is defined to mean any state, county, district, authority, or municipal officer, department, division, board, bureau,
commission, or other separate unit of government created or established by law including, for the purposes of chapter 119, F.S., the
Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency,
person, partnership, corporation, or business entity acting on behalf of any public agency. Section 119.011 (2), F.S.
13
Sees. 381.83, F.S.
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• Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

However, the bill specifically excludes from the definition the following information related to any
contract or agreement, or an addendum thereto, with an agency:
• The parties to the contract or agreement, or an addendum thereto.
• The amount of money paid, any payment structure or plan, expenditures, incentives, bonuses,
fees, or penalties.
• The nature or type of commodities or services purchased.
• Applicable contract unit prices and deliverables.

The bill requires a person who submits a record claimed to contain a trade secret to an agency to mark
the record clearly with the words "trade secret" and to submit with the record a notice verifying that the
record contains a trade secret. Verification occurs by signing a written declaration under penalty of
perjury. Failure to submit the notice constitutes a waiver of any claim by the submitter that the record
contains a trade secret.

The bill authorizes an agency to disclose a trade secret, together with the notice of 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.

The bill specifies that an agency employee who, while acting in good faith and in the performance of his
or her duties, releases records pursuant to the process created by the bill is not liable, civilly or
criminally, for release of the records.

The bill also specifies that the public record exemption does not apply to research institutes created or
established in law, divisions of sponsored research at state universities, or technology transfer centers
at Florida College System institutions.

The bill provides a public necessity statement as required by the Florida Constitution, specifying that
the public record exemption is necessary to protect trade secret information provided to an agency by
an individual or business because disclosure of such information to competitors of those businesses
would be detrimental to the business. In addition, the exemption is necessary to protect trade secret
information created by an agency in furtherance of the agency's duties and responsibilities, and
disclosure of such information would be detrimental to the effective and efficient operation of the
agency.

The bill provides for repeal of the exemption on October 2, 2025, unless reviewed and saved from
repeal through reenactment by the Legislature.

B. SECTION DIRECTORY:
Section 1 creates s. 688.01, F.S., relating to a trade secret exemption from inspecting or copying public
records.

Section 2 amends s. 688.001, F.S., relating to a short title.

Section 3 amends s. 688.006, F.S., relating to preservation of secrecy.

Section 4 provides a public necessity statement.

Section 5 provides an effective date of the same date that HB 801 or similar legislation takes effect, if
such legislation is adopted in the same legislative session or an extension thereof and becomes law.

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11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill does not appear to have an impact on state government revenues.

2. Expenditures:
See Fiscal Comments.

8. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill does not appear to have an impact on local government revenues.

2. Expenditures:
See Fiscal Comments.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The bill could have a minimal fiscal impact on agencies because agency staff responsible for complying
with public record requests may require training related to creation of the public record exemption. In
addition, agencies could incur costs associated with redacting the confidential and exempt information
prior to releasing a record. The costs, however, would be absorbed, as they are part of the day-to-day
responsibilities of agencies.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities have to raise
revenue in the aggregate, nor reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created public record or public meeting exemption. The bill
creates a new public record exemption; thus, it requires a two-thirds vote for final passage.

Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly created
or expanded public record or public meeting exemption. The bill creates a new public record
exemption; thus, it includes a public necessity statement.

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Breadth of Exemption
Article I, s. 24(c) of the Florida Constitution requires a newly created public record or public meeting
exemption to be no broader than necessary to accomplish the stated purpose of the law. The bill
creates a public record exemption for trade secrets held by an agency. As such, the exemption does
not appear to be in conflict with the constitutional requirement that it be no broader than necessary to
accomplish its purpose.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create a need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
None.

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FLORIDA H O U S E 0 F R E P R E S E N T A T I V E S

HB 799 2020

1 A bill to be entitled
2 An act relating to public records; creating s. 688.01,
3 F.S.; providing definitions; providing an exemption
4 from public record requirements for a trade secret
5 held by an agency; providing notice requirements;
6 providing an exception to the exemption; providing
7 that an agency employee is not liable for the release
8 of records in compliance with the act; providing
9 applicability; providing for future legislative review
10 and repeal of the exemption; amending ss. 688.001 and
11 688.006, F.S.; conforming cross-references; providing
12 a statement of public necessity; providing a
13 contingent effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 688.01, Florida Statutes, is created to
18 read:
19 688.01 Trade secret exemption from inspecting or copying
20 public records.-
21 (1) DEFINITIONS.-As used in this section, the term:
22 (a) "Agency" has the same meaning as ins. 119.011.
23 (b) "Trade secret" has the same meaning as ins. 688.002,
24 except that the term does not include the following information
25 related to any contract or agreement, or an addendum thereto,

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26 with an agency:
27 1. The parties to the contract or agreement, or an
28 addendum thereto.
29 2. The amount of money paid, any payment structure or
30 plan, expenditures, incentives, bonuses, fees, or penalties.
31 3. The nature or type of commodities or services
32 purchased.
33 4. Applicable contract unit prices and deliverables.
34 (2) PUBLIC RECORD EXEMPTION.-A trade secret held by an
35 agency is confidential and exempt from s. 119.07(1) ands.
36 24(a), Art. I of the State Constitution.
37 (3) SUBMISSION OF TRADE SECRET TO AN AGENCY.-
38 (a) If a person who submits records to an agency claims
39 that such submission contains a trade secret, such person shall
40 submit to the agency a notice of trade secret at the time such
41 records are submitted to the agency. Failure to do so
42 constitutes a waiver of any claim by such person that the record
43 contains a trade secret. The notice must provide the name,
44 telephone number, and mailing address of the person claiming the
45 record contains a trade secret. Such person is responsible for
46 updating his or her contact information with the agency.
47 (b) Each page of a record or specific portion of a record
48 that contains a trade secret must be clearly marked with the
49 words "trade secret."

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50 (c) In submitting a notice of trade secret to the agency,
51 the submitting party must verify to the agency through a written
52 declaration in the manner provided ins. 92.525 the following:
53
54 [ ... I have/my company has ... ] read the definition of a
55 trade secret ins. 688.01, Florida Statutes, and [ ... I
56 believe/my company believes ... ] the information contained in
57 this record is a trade secret as defined ins. 688.01, Florida
58 Statutes.
59 [ ... I have/my company has ... ] taken measures to prevent the
60 disclosure of the record or specific portion of a record claimed
61 to be a trade secret to anyone other than those who have been
62 selected to have access for limited purposes, and [ ... I
63 intend/my company intends ... ] to continue to take such measures.
64 The record or specific portion of a record claimed to be a
65 trade secret is not, and has not been, reasonably obtainable
66 without [ ... my/our ... ] consent by other persons by use of
67 legitimate means.
68 The record or specific portion of a record claimed to be a
69 trade secret is not publicly available elsewhere.
70
71 (4) AGENCY ACCESS.-An agency may disclose a trade secret,
72 together with the notice of trade secret, to an officer or
73 employee of another agency or governmental entity whose use of
74 the trade secret is within the scope of his or her lawful duties

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75 and responsibilities.
76 (5) LIABILITY.-An agency employee who, while acting in
77 good faith and in the performance of his or her duties, releases
78 a record containing a trade secret pursuant to this act is not
79 liable, civilly or criminally, for such release.
80 (6) APPLICABILITY.-This section does not apply to research
81 institutes created or established in law, divisions of sponsored
82 research at state universities, or technology transfer centers
83 at Florida College System institutions.
84 (7) OPEN GOVERNMENT SUNSET REVIEW.-This section is subject
85 to the Open Government Sunset Review Act in accordance withs.
86 119.15 and shall stand repealed on October 2, 2025, unless
87 reviewed and saved from repeal through reenactment by the
88 Legislature.
89 Section 2. Section 688.001, Florida Statutes, is amended
90 to read:
91 688.001 Short title.-Sections 688.001-688.01 Sections
92 688.001 688.009 may be cited as the "Uniform Trade Secrets Act."
93 Section 3. Section 688.006, Florida Statutes, is amended
94 to read:
95 688.006 Preservation of secrecy.-In an action under ss.
96 688.001-688.01 oo. 688.001 688.009, a court shall preserve the
97 secrecy of an alleged trade secret by reasonable means, which
98 may include granting protective orders in connection with
99 discovery proceedings, holding in camera hearings, sealing the

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100 records of the action, and ordering any person involved in the
101 litigation not to disclose an alleged trade secret without prior
102 court approval.
103 Section 4. The Legislature finds that it is a public
104 necessity that trade secrets held by an agency be made
105 confidential and exempt from s. 119.07(1), Florida Statutes, and
106 s. 24(a), Article I of the State Constitution. The Legislature
107 recognizes that an agency may create trade secret information in
108 furtherance of the agency's duties and responsibilities and that
109 disclosure of such information would be detrimental to the
110 effective and efficient operation of the agency. If such trade
111 secret information were made available to the public, the agency
112 could suffer great economic harm. In addition, the Legislature
113 recognizes that in many instances, individuals and businesses
114 provide trade secret information for regulatory or other
115 purposes to an agency and that disclosure of such information to
116 competitors of those businesses would be detrimental to the
117 businesses. Without the public record exemption, those entities
118 would hesitate to cooperate with an agency, which would impair
119 the effective and efficient administration of governmental
120 functions. As such, the Legislature's intent is to protect trade
121 secret information of a confidential nature that includes a
122 formula, pattern, compilation, program, device, method,
123 technique, or process used that derives independent economic
124 value, actual or potential, from not being generally known to,

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125 and not being readily ascertainable by proper means by, other
126 persons who can obtain economic value from its disclosure or
127 use. Therefore, the Legislature finds that the need to protect
128 trade secrets is sufficiently compelling to override this
129 state's public policy of open government and that the protection
130 of such information cannot be accomplished without this
131 exemption.
132 Section 5. This act shall take effect on the same date
133 that HB 801 or similar legislation takes effect, if such
134 legislation is adopted in the same legislative session or an
135 extension thereof and becomes a law.

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HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL#: CS/HB 801 Public Records
SPONSOR(S): Oversight, Transparency & Public Management Subcommittee, Gregory
TIED BILLS: HB 799 IDEN./SIM. BILLS: SB 1534

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Oversight, Transparency & Public Management 13 Y, 0 N, As Villa Smith
Subcommittee cs
2) Commerce Committee Willson /1 l,J Hamon

3) State Affairs Committee

SUMMARY ANALYSIS
Florida law contains a variety of provisions that make trade secret information exempt or confidential and
exempt from public record requirements. Some exemptions only protect trade secrets, while others protect
"proprietary business information" and define that term to specifically include trade secrets. While some of the
exemptions do not define the term "trade secret," a majority of them rely on one of two different statutory
definitions: the definition contained in Florida's criminal law statutes or the definition in the Uniform Trade
Secrets Act. Some exemptions also provide a specific process that an agency must use when protecting trade
secret information under the exemption.

House Bill 799 (2020), which this bill is linked to, creates a uniform public record exemption for trade secrets
that applies to most agencies that are subject to public record requirements. That bill defines the term "trade
secret" and creates a process for an individual or entity to follow when submitting a trade secret to an agency.

This bill repeals most public record exemptions for trade secrets in current law, all associated processes for
designating a trade secret, and most references to trade secrets contained in definitions for proprietary
business information.

The bill repeals s. 815.045, F.S., which is a public necessity statement for a trade secret exemption that was
inadvertently codified in the Florida Statutes.

The bill may have a minimal fiscal impact on the state and local governments. See Fiscal Comments.

This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Background

Public Records
Article I, s. 24(a) of the Florida Constitution sets forth the state's public policy regarding access to
government records. This section guarantees every person a right to inspect or copy any public record
of the legislative, executive, and judicial branches of government. The Legislature, however, may
provide by general law for the exemption of records from the requirements of Article I, s. 24(a) of the
Florida Constitution. 1 The general law must state with specificity the public necessity justifying the
exemption 2 and must be no more broad than necessary to accomplish its purpose. 3

Public policy regarding access to government records is addressed further ins. 119.07(1)(a), F.S.,
which guarantees every person a right to inspect and copy any state, county, or municipal record.
Furthermore, the Open Government Sunset Review Act" provides that a public record exemption may
be created or maintained only if it serves an identifiable public purpose. In addition, it may be no more
broad than necessary to meet one of the following purposes: 5
• Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption.
• Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual's safety; however, only the identity of an individual may be exempted
under this provision.
• Protect trade or business secrets.

Florida's Second District Court of Appeal has held that an amendment eliminating a public record
exemption applies prospectively from the effective date of the amendment. 6 Further, s. 119.15(7), F.S.,
provides that records created before the date of the repeal of an exemption may not be made public
unless otherwise provided by law.

Trade Secrets
Florida law contains a variety of provisions that make trade secret information exempt or confidential
and exempt7 from public record requirements. Some exemptions only protect trade secrets, while
others protect "proprietary business information" and define that term to specifically include trade
secrets.

1
Art. I, s. 24(c), FLA. CONST.
2
This portion of a public record exemption is commonly referred to as a "public necessity statement."
3
Art. I, s. 24(c), FLA. CONST.
4
Section 119.15, F.S.
5
Section 119.15(6)(b),F.S.
6
Baker v. Eckerd Corporation, 697 So. 2d 970 (Fla. 2d DCA 1997).
7
There is a difference between records the Legislature designates as exempt from public record requirements and those the Legislature
deems confidential and exempt. A record classified as exempt from public disclosure may be disclosed under certain circumstances.
See WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48, 53 (Fla. 5th DCA 2004), review denied 892 So. 2d 1015 (Fla. 2004);
City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DCA 1994); Williams v. City of Minneola, 575 So. 2d 687 (Fla. 5th DCA
1991). If the Legislature designates a record as confidential and exempt from public disclosure, such record may not be released by
the custodian of public records to anyone other than the persons or entities specifically designated in statute. See Attorney General
Opinion 85-62 (August 1, 1985).
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The following are examples of public record exemptions for trade secrets:
• Section 119.071 (1 )(f), F.S., exempts data processing software obtained by an agency under a
licensing agreement that prohibits its disclosure where the software is a trade secret;
• Section 125.0104(9)(d}, F.S., exempts trade secrets held by a county tourism promotion
agency;
• Section 288.1226(9), F.S., exempts trade secrets relating to projects conducted by the Florida
Tourism Industry Marketing Corporation;
• Section 331.326, F.S., makes trade secrets held by Space Florida confidential and exempt;
• Section 334.049(4), F.S., makes certain trade secret information obtained by the Department of
Transportation as a result of research and development projects confidential and exempt;
• Section 381.83, F.S., makes trade secret information obtained by the Department of Health
confidential and exempt;
• Sections 403.7046(2) and (3)(b) and 403.73, F.S., makes trade secret information reported to
the Department of Environmental Protection pursuant to specified regulations confidential and
exempt;
• Section 440.108(2), F.S., makes trade secrets contained in records held by the Department of
Financial Services relating to workers' compensation employer compliance investigations
confidential and exempt;
• Section 499.012(3)(c}, F.S., makes trade secret information provided to the Department of
Business and Professional Regulation in a prescription drug permit application confidential and
exempt;
• Section 502.222, F.S., makes trade secret information of a dairy industry business held by the
Department of Agriculture and Consumer Services (DACS) confidential and exempt;
• Section 526.311 (2), F.S., makes trade secrets contained in investigative records related to the
sale of liquid fuel and brake fuel obtained by DACS confidential and exempt;
• Section 560.129(2), F.S., makes information obtained by the Office of Financial Regulation in
the course of an investigation of a money service business that is a trade secret confidential and
exempt;
• Section 570.48(3), F.S., makes records containing trade secrets held by DACS' Division of Fruit
and Vegetables confidential and exempt;
• Section 601.10(8)(b), F.S., makes any information held by the Department of Citrus that
contains trade secrets confidential and exempt;
• Section 601.76, F.S., makes formulas containing trade secrets that are submitted to DACS
confidential and exempt;
• Section 626.884(2), F.S., makes information contained in insurance administrators' records
obtained by the Office of Insurance Regulation confidential and exempt; and
• Section 815.04(3), F.S., makes trade secret information that is held by an agency and exists
internal or external to a computer, computer system, computer network, or electronic device
confidential and exempt.

"Trade secret" means the whole or any portion or phase of any formula, pattern,
device, combination of devices, or compilation of information which is for use, or
is used, in the operation of a business and which provides the business an
advantage, or an opportunity to obtain an advantage, over those who do not
know or use it. The term includes any scientific, technical, or commercial
information, including financial information, and includes any design, process,
procedure, list of suppliers, list of customers, business code, or improvement
thereof. Irrespective of novelty, invention, patentability, the state of the prior art,
and the level of skill in the business, art, or field to which the subject matter
pertains, a trade secret is considered to be:
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1. Secret;
2. Of value;
3. For use or in use by the business; and
4. Of advantage to the business, or providing an opportunity to obtain an
advantage, over those who do not know or use it

when the owner thereof takes measures to prevent it from becoming available to
persons other than those selected by the owner to have access thereto for
limited purposes. 8

Other exemptions define the term in accordance with the Uniform Trade Secrets Act, 9 which defines the
term as follows:

In addition, some exemptions provide a specific process that an agency 11 must use when protecting
trade secret information under the exemption. For instance, some exemptions require the party that
submits information claimed to be a trade secret to designate the information as protected, and some
exemptions require the agency to determine whether information claimed to be a trade secret
constitutes a trade secret. 12

Section 815.045, F.S., contains the statement of public necessity 13 for a public record exemption for
data, programs, or supporting documentation that is a trade secret as defined ins. 812.081, F.S., that is
held by an agency as defined in chapter 119, F.S., and that resides or exists internal or external to a
computer, computer system, computer network, or electronic device. In SePRO Corporation v. Florida
Department of Environmental Protection, 14 the public necessity statement was interpreted by a district
court to be a public record exemption. This interpretation had the result of extending protection to
certain information that had been filed with an agency.

House Bill 799 (2020)
House Bill 799 (2020), which this bill is linked to, creates a uniform public record exemption for trade
secrets that applies to most agencies that are subject to public record requirements. The bill defines
the term "trade secret" and creates a process for an individual or entity to follow when submitting a
trade secret to an agency.

8
Section 812.08l(l)(c), F.S.
9
Sections 688.001 through 688.009, F.S.
10
Section 688.002(4), F.S.
11
The term "agency" is defined to mean any state, county, district, authority, or municipal officer, department, division, board, bureau,
commission, or other separate unit of government created or established by law including, for the purposes of chapter 119, F.S., the
Commission on Ethics, the Public Service Commission, and the Office of Public Counsel, and any other public or private agency,
person, partnership, corporation, or business entity acting on behalfof any public agency. Section 119.011 (2), F.S.
12
Sees. 381.83, F.S.
13
Section 815.045, F.S., which begins "[t]he Legislature finds that it is a public necessity that trade secret information as defined ins.
812.081, and as provided for ins. 815.04(3), be expressly made confidential and exempt" is the required public necessity statement for
s. 815.04(3), F.S., and it was inadvertently codified in the Florida Statutes. Public necessity statements are codified in the Laws of
Florida.
14
See SePRO Corporation v. Florida Department of Environmental Protection, 839 So. 2d 781 (Fla. 1st DCA 2003).
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Effect of the Bill

The bill, which is linked to the passage of HB 799 (2020) or similar legislation, repeals most public
record exemptions for trade secrets in current law, all associated processes for designating a trade
secret, and most references to trade secrets contained in definitions for proprietary business
information.

The bill repeals s. 815.045, F.S., which is a public necessity statement for a trade secret exemption that
was inadvertently codified in the Florida Statutes.

The bill specifies that trade secrets held by the H. Lee Moffitt Cancer Center and Research Institute, the
Florida Institute for Human and Machine Cognition, Inc., and divisions of sponsored research at state
universities are confidential and exempt if they meet the definition of "trade secret" in HB 799.

The bill also authorizes the Florida Office of Insurance Regulation (OIR) to make information reported
to and collected by OIR available on an aggregate basis, even if marked trade secret pursuant to HB
799 (2020).

B. SECTION DIRECTORY:
Section 1. amends s. 73.0155, F.S., deleting provisions relating to public records exemptions for trade
secrets held by governmental condemning authorities.

Section 2. amends s. 119.071, F.S., deleting a provision declaring that certain data processing software
exempt from public records requirements is considered a trade secret; removing the scheduled repeal
of the public record exemption.

Section 3. amends s. 119.0713, F.S., deleting a provision exempting trade secrets held by local
government agencies from public records requirements.

Section 4. amends s. 125.0104, F.S., deleting a provision exempting trade secrets held by county
tourism development agencies from public records requirements.

Section 5. amends s. 163.01, F.S., deleting a provision exempting trade secrets held by public
agencies that are electric utilities from public records requirements.

Section 6. amends s. 202.195, F.S., deleting a provision exempting trade secrets obtained from a
telecommunications company or franchised cable company for certain purposes from public records
requirements.

Section 7. amends s. 215.4401, F.S., deleting provisions relating to confidentiality of trade secrets held
by the State Board of Administration.

Section 8. amends s. 252.88, F.S., deleting provisions exempting certain information from public
records requirements under the Florida Emergency Planning Community Right-to-Know Act.

Section 9. repeals s. 252.943, F.S., relating to a public record exemption under the Florida Accidental
Release Prevention and Risk Management Planning Act.

Section 10. amends s. 287.0943, F.S., deleting provisions relating to confidentiality of certain
information relating to applications for certification of minority business enterprises.

Section 11. amends. 288.047, F.S., deleting a provision exempting potential trade secrets from public
records requirements.

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Section 12. amends s. 288.075, F.S., deleting provisions relating to a public records exemption for
trade secrets held by economic development agencies.

Section 13. amends s. 288.1226, F.S., deleting provisions relating to a public records exemption for
trade secrets held by the Florida Tourism Industry Marketing Corporation.

Section 14. amends s. 288.776, F.S., deleting provisions relating to a public record exemption for trade
secrets held by the Florida Export Finance Corporation.

Section 15. amends s. 288.9520, F.S., deleting provisions relating to a public record exemption for
trade secrets and potential trade secrets held by Enterprise Florida, Inc., and related entities.

Section 16. amends s. 288.9607, F.S., deleting provisions relating to a public record exemption for
trade secrets held by the Florida Development Finance Corporation.

Section 17. amends s. 288.9626, F.S., deleting provisions relating to a public record exemption for
trade secret and potential trade secrets held by the Florida Opportunity Fund; conforming provisions to
changes made by the act.

Section 18. amends s. 288.9627, F.S., deleting provisions relating to a public records exemption for
trade secrets and potential trade secrets held by the Institute for Commercialization of Florida
Technology; conforming provisions to changes made by the act.

Section 19. amends s. 331.326, F.S., deleting provisions relating to a public records exemption for
trade secrets held by Space Florida; conforming a provision to changes made by the act.

Section 20. amends s. 334.049, F.S., deleting provisions relating to a public records exemption for
trade secrets held by the Department of State.

Sections 21. and 22. amend ss. 350.121 and 364.183, F.S., deleting provisions relating to public record
exemptions for trade secrets held by the Florida Public Service Commission.

Section 23. amends s. 365.174, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the E911 Board and the Division of State Technology within the Department of
Management Services.

Section 24., 25., and 26. amend ss. 366.093, 367.156, and 368.108, F.S., deleting provisions relating to
public record exemptions for trade secrets held by the Florida Public Service Commission.

Section 27. repeals s. 381.83, F.S., relating to confidentiality of certain information containing trade
secrets obtained by the Department of Health.

Section 28. amends s. 395.3035, F.S., deleting provisions relating to a public record exemption for
trade secrets of hospitals.

Section 29. amends s. 403.7046, F.S., revising provisions relating to a public record exemption for
trade secrets contained in certain reports to the Department of Environmental Protection.

Section 30. repeals s. 403.73, F.S., relating to confidentiality of certain information containing trade
secrets obtained by the Department of Environmental Protection.

Section 31. amends s. 408.061, F.S., deleting a requirement that certain trade secret information
submitted to the Agency for Healthcare Administration be clearly designated as such.

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Section 32. amends s. 408.185, F.S., deleting provisions relating to public record exemptions for certain
trade secrets held by the Office of the Attorney General.

Section 33. amends s. 408.910, F.S., deleting provisions relating to public record exemptions for trade
secrets held by Florida Health Choices, Inc. as part of the Florida Health Choices Program.

Section 34. amends s. 409.91196, F.S., deleting provisions relating to public record exemptions for
trade secrets held by the Agency for Healthcare Administration; conforming provisions to changes
made by the act.

Section 35. amends s. 440.108, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Department of Financial Services.

Section 36. amends s. 494.00125, F.S., deleting provisions relating to public record exemptions for
trade secrets held by the Office of Financial Regulation.

Section 37. amends s. 497.172, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Department of Financial Services or the Board of Funeral, Cemetery, and
Consumer Services.

Section 38., 39., 40., and 41. amend ss. 499.012, 499.0121, 499.05, and 499.051, F.S., deleting
provisions relating to public record exemptions for trade secrets held by the Department of Business
and Professional Regulation.

Section 42. repeals s. 499.931, F.S., relating to maintenance of information held by the Department of
Business and Professional Regulation that is deemed to be a trade secret.

Section 43. amends s. 501.171, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Department of Legal Affairs.

Section 44. repeals s. 502.222, F.S., relating to trade secrets of a dairy business held by DACS.

Section 45. and 46. amend ss. 517.2015 and 520.9965, F.S., deleting provisions relating to public
record exemptions for trade secrets held by the Office of Financial Regulation.

Section 47. amends s. 526.311, F.S., deleting provisions relating to public record exemptions for trade
secrets held by DACS.

Section 48. amends s. 548.062, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Florida State Boxing Commission.

Section 49. amends s. 556.113, F.S., deleting provisions relating to public record exemptions for trade
secrets held by Sunshine State One-Call of Florida, Inc.

Section 50. amends s. 559.5558, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Office of Financial Regulation.

Section 51. amends s. 559.9285, F.S., revising provisions specifying that certain information provided
to DACS does not constitute a trade secret.

Section 52. amends s. 560.129, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Office of Financial Regulation.

Section 53. amends s. 570.48, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Division of Fruit and Vegetables within DACS.
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Section 54. amends s. 570.544, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Division of Consumer Services within DACS.

Section 55. amends s. 573.123, F.S., deleting provisions relating to public record exemptions for trade
secrets held by DACS.

Section 56. repeals s. 581.199, F.S., relating to a prohibition on the use of trade secret information
obtained under specified provisions for personal use or gain.

Sections 57., 58., and 59. amend ss. 601.10, 601.15, and 601.152, F.S., deleting provisions relating to
public record exemptions for trade secrets held by the Department of Citrus within DACS.

Section 60. amends s. 601.76, F.S., relating to a public record exemption for certain formulas filed with
DACS.

Sections 61. and 62. amend ss. 607.0505 and 617.0503, F.S., deleting provisions relating to public
record exemptions for certain information that might reveal trade secrets held by the Department of
Legal Affairs.

Section 63. amends s. 624.307, F.S., authorizing the Florida Office of Insurance Regulation to report
certain information on an aggregate basis.

Section 64. amends s. 624.315, F.S., authorizing the Florida Office of Insurance Regulation to make
certain information available on an aggregate basis.

Section 65. amends s. 624.4212, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Florida Office of Insurance Regulation.

Section 66. repeals s. 624.4213, F.S., relating to trade secret documents submitted to the Department
of Financial Services or the Florida Office of Insurance Regulation.

Sections 67. and 68. amend ss. 626.84195 and 626.884, F.S., deleting provisions relating to public
record exemptions for trade secrets held by the Florida Office of Insurance Regulation.

Section 69. amends s. 626.9936, F.S., revising provisions relating to a public record exemption for
trade secrets held by the Florida Office of Insurance Regulation.

Section 70. amends s. 627.0628, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Florida Hurricane Loss Projection Methodology; conforming a provision to changes
made by the act.

Section 71. amends s. 627.3518, F.S., deleting provisions relating to public record exemptions for trade
secrets held by the Citizens Property Insurance Corporation.

Section 72. amends s. 655.057, F.S., deleting and revising provisions relating to a public record
exemption for trade secrets held by the Office of Financial Regulation.

Section 73. repeals s. 655.0591, F.S., relating to trade secret documents held by the Office of Financial
Regulation.

Section 74. amends s. 663.533, F.S., revising a cross-reference.

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Section 75. repeals s. 721.071, F.S., relating to trade secret documents filed with the Division of Florida
Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional
Regulation.

Section 76. amends s. 815.04, F.S., deleting a public record exemption for certain trade secret
information relating to offenses against intellectual property.

Section 77. repeals s. 815.045, F.S., relating to trade secret information.

Section 78. amends s. 1004.22, F.S., revising provisions relating to public record exemptions for trade
secrets and potential trade secrets received, generated, ascertained, or discovered during the course of
research conducted within the state universities.

Section 79. amends s. 1004.30, F.S., revising provisions relating to public record exemptions for trade
secrets held by state university health support organizations.

Section 80. amends s. 1004.43, F.S., revising provisions relating to public record exemptions for trade
secrets and potential trade secrets held by the H. Lee Moffitt Cancer Center and Research Institute.

Section 81. amends s. 1004.4472, F.S., revising provisions relating to public record exemptions for
trade secrets and potential trade secrets held by the Florida Institute for Human and Machine
Cognition, Inc.

Section 82. amends s. 1004.78, F.S., deleting provisions relating to public record exemptions for trade
secrets and potential trade secrets held by the technology transfer centers at Florida College System
institutions.

Section 83. amends s. 601.80, F.S., correcting a cross-reference.

Sections 84., 85., and 86. amend ss. 663.533, 721.13, and 921.0022, F.S., conforming provisions to
changes made by the act.

Section 87. provides an effective date of becoming a law if HB 799 or similar legislation is adopted in
the same legislative session or an extension thereof and becomes law.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill does not appear to have an impact on state revenues.

2. Expenditures:
See Fiscal Comments.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill does not appear to have an impact on local government revenues.

2. Expenditures:
See Fiscal Comments.
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C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.

D. FISCAL COMMENTS:
The bill could have a minimal fiscal impact on agencies because agency staff responsible for complying
with public record requests may require training related to the repeal of the public record exemptions or
the change in the definition of the term "trade secret." The costs, however, would be absorbed, as they
are part of the day-to-day responsibilities of agencies.

Ill. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not appear to create the need for rulemaking or rulemaking authority.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On January 16, 2020, the Oversight, Transparency & Public Management Subcommittee adopted an
amendment and reported the bill favorably as a committee substitute. The amendment corrected a cross
reference.

This analysis is drafted to the committee substitute as passed by the Oversight, Transparency & Public
Management Subcommittee.

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FLORIDA H O U S E 0 F REPRESENTATIVES

CS/HB 801 2020

1 A bill to be entitled
2 An act relating to public records; amending s.
3 73.0155, F.S.; deleting provisions relating to public
4 records exemptions for trade secrets held by
5 governmental condemning authorities; amending s.
6 119.071, F.S.; deleting a provision declaring that
7 certain data processing software exempt from public
8 records requirements is considered a trade secret;
9 removing the scheduled repeal of the public record
10 exemption; amending s. 119.0713, F.S.; deleting a
11 provision exempting trade secrets held by local
12 government agencies from public records requirements;
13 amending s. 125.0104, F.S.; deleting a provision
14 exempting trade secrets held by county tourism
15 development agencies from public records requirements;
16 amending s. 163.01, F.S.; deleting a provision
17 exempting trade secrets held by public agencies that
18 are electric utilities from public records
19 requirements; amending s. 202.195, F.S.; deleting a
20 provision exempting trade secrets obtained from a
21 telecommunications company or franchised cable company
22 for certain purposes from public records requirements;
23 amending s. 215.4401, F.S.; deleting provisions
24 relating to confidentiality of trade secrets held by
25 the State Board of Administration; amending s. 252.88,

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CS/HB 801 2020

26 F.S.; deleting provisions exempting certain
27 information from public records requirements under the
28 Florida Emergency Planning and Community Right-to-Know
29 Act; repealing s. 252.943, F.S., relating to a public
30 records exemption under the Florida Accidental Release
31 Prevention and Risk Management Planning Act; amending
32 s. 287.0943, F.S.; deleting provisions relating to
33 confidentiality of certain information relating to
34 applications for certification of minority business
35 enterprises; amending s. 288.047, F.S.; deleting
36 provisions exempting potential trade secrets from
37 public records requirements; amending s. 288.075,
38 F.S.; deleting provisions relating to a public records
39 exemption for trade secrets held by economic
40 development agencies; amending s. 288.1226, F.S.;
41 deleting provisions relating to a public records
42 exemption for trade secrets held by the Florida
43 Tourism Industry Marketing Corporation; amending s.
44 288.776, F.S.; deleting provisions relating to a
45 public records exemption for trade secrets held by the
46 Florida Export Finance Corporation; amending s.
47 288.9520, F.S.; deleting provisions relating to a
48 public records exemption for trade secrets and
49 potential trade secrets held by Enterprise Florida,
50 Inc., and related entities; amending s. 288.9607,

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CS/HB 801 2020

51 F.S.; deleting provisions relating to a public records
52 exemption for trade secrets held by the Florida
53 Development Finance Corporation; amending s. 288.9626,
54 F.S.; deleting provisions relating to a public records
55 exemption for trade secrets and potential trade
56 secrets held by the Florida Opportunity Fund;
57 conforming provisions to changes made by the act;
58 amending s. 288.9627, F.S.; deleting provisions
59 relating to a public records exemption for trade
60 secrets and potential trade secrets held by the
61 Institute for Commercialization of Florida Technology;
62 conforming provisions to changes made by the act;
63 amending s. 331.326, F.S.; deleting provisions
64 relating to a public records exemption for trade
65 secrets held by Space Florida; amending s. 334.049,
66 F.S.; deleting provisions relating to a public records
67 exemption for trade secrets held by the Department of
68 State; amending ss. 350.121 and 364.183, F.S.;
69 deleting provisions relating to public records
70 exemptions for trade secrets held by the Florida
71 Public Service Commission; amending 365.174, F.S.;
72 deleting provisions relating to public records
73 exemptions for trade secrets held by the E911 Board
74 and the Technology Program within the Department of
75 Management Services; amending ss. 366.093, 367.156,

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CS/HB 801 2020

76 and 368.108, F.S.; deleting provisions relating to
77 public records exemptions for trade secrets held by
78 the Florida Public Service Commission; repealing s.
79 381.83, F.S., relating to confidentiality of certain
80 information containing trade secrets obtained by the
81 Department of Health; amending s. 395.3035, F.S.;
82 deleting provisions relating to a public records
83 exemption for trade secrets of hospitals; amending s.
84 403.7046, F.S.; revising provisions relating to an
85 exemption for trade secrets contained in certain
86 reports to the Department of Environmental Protection;
87 repealing s. 403.73, F.S., relating to confidentiality
88 of certain information containing trade secrets
89 obtained by the Department of Environmental
90 Protection; amending s. 408.061, F.S.; deleting a
91 requirement that certain trade secret information
92 submitted to the Agency for Healthcare Administration
93 be clearly designated as such; amending s. 408.185,
94 F.S.; deleting provisions relating to public records
95 exemptions for certain trade secrets held by the
96 Office of the Attorney General; amending s. 408.910,
97 F.S.; deleting provisions relating to public records
98 exemptions for trade secrets held by the Florida
99 Health Choices Program; amending s. 409.91196, F.S.;
100 deleting provisions relating to public records

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101 exemptions for trade secrets held by the Agency for
102 Healthcare Administration; amending s. 440.108, F.S.;
103 deleting provisions relating to public records
104 exemptions for trade secrets held by the Department of
105 Financial Services; amending s. 494.00125, F.S.;
106 deleting provisions relating to public records
107 exemptions for trade secrets held by the Office of
108 Financial Regulation; amending s. 497.172, F.S.;
109 deleting provisions relating to public records
110 exemptions for trade secrets held by the Department of
111 Financial Services or the Board of Funeral, Cemetery,
112 and Consumer Services; amending ss. 499.012, 499.0121,
113 499.05, and 499.051, F.S.; deleting provisions
114 relating to public records exemptions for trade
115 secrets held by the Department of Business and
116 Professional Regulation; repealing s. 499.931, F.S.,
117 relating to maintenance of information held by the
118 Department of Business and Professional Regulation
119 that is deemed to be a trade secret; amending s.
120 501.171, F.S.; deleting provisions relating to public
121 records exemptions for trade secrets held by the
122 Department of Legal Affairs; repealing s. 502.222,
123 F.S., relating to trade secrets of a dairy business
124 held by the Department of Agriculture and Consumer
125 Services; amending ss. 517.2015 and 520.9965, F.S.;

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126 deleting provisions relating to public records
127 exemptions for trade secrets held by the Office of
128 Financial Regulation; amending s. 526.311, F.S.;
129 deleting provisions relating to public records
130 exemptions for trade secrets held by the Department of
131 Agriculture and Consumer Services; amending s.
132 548.062, F.S.; deleting provisions relating to public
133 records exemptions for trade secrets held by the
134 Florida State Boxing Commission; amending s. 556.113,
135 F.S.; deleting provisions relating to public records
136 exemptions for trade secrets held by Sunshine State
137 One-Call of Florida, Inc.; amending s. 559.5558, F.S.;
138 deleting provisions relating to public records
139 exemptions for trade secrets held by the Office of
140 Financial Regulation; amending s. 559.9285, F.S.;
141 revising provisions specifying that certain
142 information provided to the Department of Agriculture
143 and Consumer Services does not constitute a trade
144 secret; amending s. 560.129, F.S.; deleting provisions
145 relating to public records exemptions for trade
146 secrets held by the Office of Financial Regulation;
147 amending s. 570.48, F.S.; deleting provisions relating
148 to public records exemptions for trade secrets held by
149 the Division of Fruit and Vegetables; amending ss.
150 570.544 and 573.123, F.S.; deleting provisions

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151 relating to public records exemptions for trade
152 secrets held by the Division of Consumer Services;
153 repealing s. 581.199, F.S., relating to a prohibition
154 on the use of trade secret information obtained under
155 specified provisions for personal use or gain;
156 amending s s. 601 . 10, 601. 15, and 601. 15 2, F. S. ;
157 deleting provisions relating to public records
158 exemptions for trade secrets held by the Department of
159 Citrus; amending s. 601.76, F.S.; deleting provisions
160 relating to a public records exemption for certain
161 formulas filed with the Department of Agriculture;
162 amending ss. 607.0505 and 617.0503, F.S.; deleting
163 provisions relating to public records exemptions for
164 certain information that might reveal trade secrets
165 held by the Department of Legal Affairs; amending s.
166 624.307, F.S.; authorizing the Office of Insurance
167 Regulation to report certain information on an
168 aggregate basis; amending s. 624.315, F.S.;
169 authorizing the Office of Insurance Regulation to make
170 certain information available on an aggregate basis;
171 amending s. 624.4212, F.S.; deleting provisions
172 relating to public records exemptions for trade
173 secrets held by the Office of Insurance Regulation;
174 revising a cross-reference; repealing s. 624.4213,
175 F.S., relating to trade secret documents submitted to

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176 the Department of Financial Services or the Office of
177 Insurance Regulation; amending ss. 626.84195 and
178 626.884, F.S.; deleting provisions relating to public
179 records exemptions for trade secrets held by the
180 Office of Insurance Regulation; amending s. 626.9936,
181 F.S.; revising provisions relating to a public records
182 exemption for trade secrets held by the Office of
183 Insurance Regulation; amending ss. 627.0628 and
184 627.3518, F.S.; deleting provisions relating to public
185 records exemptions for trade secrets held by the
186 Department of Financial Services or the Office of
187 Insurance Regulation; amending s. 655.057, F.S.;
188 revising provisions relating to a public records
189 exemption for trade secrets held by the Office of
190 Financial Regulation; repealing s. 655.0591, F.S.,
191 relating to trade secret documents held by the Office
192 of Financial Regulation; amending s. 663.533, F.S.;
193 revising a cross-reference; repealing s. 721.071,
194 F.S., relating to trade secret material filed with the
195 Division of Florida Condominiums, Timeshares, and
196 Mobile Homes of the Department of Business and
197 Professional Regulation; amending s. 815.04, F.S.;
198 deleting a public records exemption for certain trade
199 secret information relating to offenses against
200 intellectual property; repealing s. 815.045, F.S.,

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201 relating to trade secret information; amending s.
202 1004.22, F.S.; revising provisions relating to public
203 records exemptions for trade secrets and potential
204 trade secrets received, generated, ascertained, or
205 discovered during the course of research conducted
206 within the state universities; amending s. 1004.30,
207 F.S.; revising provisions relating to public records
208 exemptions for trade secrets held by state university
209 health support organizations; amending s. 1004.43,
210 F.S.; revising provisions relating to public records
211 exemptions for trade secrets and potential trade
212 secrets held by the H. Lee Moffitt Cancer Center and
213 Research Institute; amending s. 1004.4472, F.S.;
214 revising provisions relating to public records
215 exemptions for trade secrets and potential trade
216 secrets held by the Florida Institute for Human and
217 Machine Cognition, Inc.; amending s. 1004.78, F.S.;
218 revising provisions relating to public records
219 exemptions for trade secrets and potential trade
220 secrets held by the technology transfers centers at
221 Florida College System institutions; amending s.
222 601.80, F.S.; correcting a cross-reference; amending
223 ss. 663.533, 721.13, and 921.0022, F.S.; conforming
224 provisions to changes made by the act; providing a
225 contingent effective date.

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226
227 Be It Enacted by the Legislature of the State of Florida:
228
229 Section 1. Paragraph (e) of subsection (1) of section
230 73.0155, Florida Statutes, is amended to read:
231 73.0155 Confidentiality; business information provided to
232 a governmental condemning authority.-
233 (1) The following business information provided by the
234 owner of a business to a governmental condemning authority as
235 part of an offer of business damages under s. 73.015 is
236 confidential and exempt from s. 119.07(1) ands. 24(a), Art. I
237 of the State Constitution if the owner requests in writing that
238 the business information be held confidential and exempt:
239 (e) Materials that relate to methods of manufacture or
240 production or, potential trade secrets, patentable material,--e-r
241 actual trade secrets as defined ins. 688.002.
242 Section 2. Paragraph (f) of subsection (1) of section
243 119.071, Florida Statutes, is amended to read:
244 119.071 General exemptions from inspection or copying of
245 public records.-
246 (1) AGENCY ADMINISTRATION.-
247 (f) Data processing software obtained by an agency under a
248 licensing agreement that prohibits its disclosure and which
249 software is a trade secret, as defined in a. 812.081, and
250 Agency-produced data processing software that is sensitive is

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251 a-re exempt from s. 119.07(1) ands. 24(a), Art. I of the State
252 Constitution. The designation of agency-produced software as
253 sensitive does not prohibit an agency head from sharing or
254 exchanging such software with another public agency.~
255 paragraph is subject to the Open Government Sunset Review Act in
256 accordance withs. 119.15 and shall stand repealed on October 2,
257 2021, unless reviewed and saved from repeal through reenactment
258 by the Legislature.
259 Section 3. Paragraph (a) of subsection (4) of section
260 119.0713, Florida Statutes, is amended to read:
261 119.0713 Local government agency exemptions from
262 inspection or copying of public records.-
263 (4) (a) Proprietary confidential business information means
264 information, regardless of form or characteristics, which is
265 held by an electric utility that is subject to this chapter, is
266 intended to be and is treated by the entity that provided the
267 information to the electric utility as private in that the
268 disclosure of the information would cause harm to the entity
269 providing the information or its business operations, and has
270 not been disclosed unless disclosed pursuant to a statutory
271 provision, an order of a court or administrative body, or a
272 private agreement that provides that the information will not be
273 released to the public. Proprietary confidential business
274 information includes:
275 1. Trade secrets, as defined in a. 688.002.

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276 l.~ Internal auditing controls and reports of internal
277 auditors.
278 2.-3-. Security measures, systems, or procedures.
279 3.4-. Information concerning bids or other contractual
280 data, the disclosure of which would impair the efforts of the
281 electric utility to contract for goods or services on favorable
282 terms.
283 4 . .§.. Information relating to competitive interests, the
284 disclosure of which would impair the competitive business of the
285 provider of the information.
286 Section 4. Paragraph (d) of subsection (9) of section
287 125.0104, Florida Statutes, is amended to read:
288 125.0104 Tourist development tax; procedure for levying;
289 authorized uses; referendum; enforcement.-
290 ( 9) COUNTY TOURISM PROMOTION AGENCIES.-In addition to any
291 other powers and duties provided for agencies created for the
292 purpose of tourism promotion by a county levying the tourist
293 development tax, such agencies are authorized and empowered to:
294 (d) Undertake marketing research and advertising research
295 studies and provide reservations services and convention and
296 meetings booking services consistent with the authorized uses of
297 revenue as set forth in subsection (5).
298 1. Information given to a county tourism promotion agency
299 which, if released, would reveal the identity of persons or
300 entities who provide data or other information as a response to

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301 a sales promotion effort, an advertisement, or a research
302 project or whose names, addresses, meeting or convention plan
303 information or accommodations or other visitation needs become
304 booking or reservation list data, is exempt from s. 119.07(1)
305 ands. 24(a), Art. I of the State Constitution.
306 2. The following inforffiation, When held by a county
307 tourism promotion agency, booking business records, as defined
308 ins. 255.047, are -i--s- exempt from s. 119.07(1) ands. 24(a),
309 Art. I of the State Constitution.+
310 a. Booking business records, as defined ins. 255.047.
311 b. Trade secrets and coffiffiercial or financial inforffiation
312 gathered froffi a person and privileged or confidential, as
313 defined and interpreted under 5 U.S.C. s. 552(b) (4), or any
314 affiendments thereto.
315 3. A trade secret, as defined ins. 812.081, held by a
316 county tourisffi proffiotion agency is eJteffipt froffi s. 119.07(1) and
317 s. 24(a), Art. I of the State Constitution. This subparagraph is
318 subject to the Open Governffient Sunset Review Act in accordance
319 withs. 119.15 and shall stand repealed on October 2, 2021,
320 unless reviewed and saved froffi repeal through reenactffient by the
321 Legislature.
322 Section 5. Paragraph (m) of subsection (15) of section
323 163.01, Florida Statutes, is amended to read:
324 163.01 Florida Interlocal Cooperation Act of 1969.-
325 (15) Notwithstanding any other provision of this section

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32 6 or of any other law excepts. 361.14, any public agency of this
327 state which is an electric utility, or any separate legal entity
328 created pursuant to the provisions of this section, the
329 membership of which consists only of electric utilities, and
330 which exercises or proposes to exercise the powers granted by
331 part II of chapter 361, the Joint Power Act, may exercise any or
332 all of the following powers:
333 (m) In the event that any public agency or any such legal
334 entity, or both, should receive, in connection with its joint
335 ownership or right to the services, output, capacity, or energy
336 of an electric project, as defined in paragraph (3) {d), any
337 material which is designated by the person supplying such
338 material as proprietary confidential business information or
339 which a court of competent jurisdiction has designated as
340 confidential or secret shall be kept confidential and shall be
341 exempt from the provisions of s. 119.07(1). As used in this
342 paragraph, "proprietary confidential business information"
343 includes, but is not lifflited to, trade secrets; internal
344 auditing controls and reports of internal auditors; security
345 measures, systems, or procedures; inforffiation concerning bids or
346 other contractual data, the disclosure of which would ifflpair the
347 efforts of the utility to contract for services on favorable
348 terffio; employee personnel information unrelated to compensation,
349 duties, qualifications, or responsibilities; and formulas,
350 patterns, devices, combinations of devices, contract coots, or

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351 other information the disclosure of which would injure the
352 affected entity in the marketplace.
353 Section 6. Subsection (2) of section 202.195, Florida
354 Statutes, is amended to read:
355 202.195 Proprietary confidential business information;
356 public records exemption.-
357 (2) For the purposes of this exemption, "proprietary
358 confidential business information" includes maps, plans, billing
359 and payment records, trade secrets, or other information
360 relating to the provision of or facilities for communications
361 service:
362 (a) That is intended to be and is treated by the company
363 as confidential;
364 (b) The disclosure of which would be reasonably likely to
365 be used by a competitor to harm the business interests of the
366 company; and
367 (c) That is not otherwise readily ascertainable or
368 publicly available by proper means by other persons from another
369 source in the same configuration as requested by the local
370 governmental entity.
371
372 Proprietary confidential business information does not include
373 schematics indicating the location of facilities for a specific
374 site that are provided in the normal course of the local
375 governmental entity's permitting process.

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376 Section 7. Paragraphs (a), (c), and (d) of subsection (3)
377 of section 215.4401, Florida Statutes, are amended to read:
378 215.4401 Board of Administration; public record
37 9 exemptions.-
380 (3) (a) As used in this subsection, the term:
381 1. "Alternative investment" means an investment by the
382 State Board of Administration in a private equity fund, venture
383 fund, hedge fund, or distress fund or a direct investment in a
384 portfolio company through an investment manager.
385 2. "Alternative investment vehicle" means the limited
386 partnership, limited liability company, or similar legal
387 structure or investment manager through which the State Board of
388 Administration invests in a portfolio company.
389 3. "Portfolio company" means a corporation or other
390 issuer, any of whose securities are owned by an alternative
391 investment vehicle or the State Board of Administration and any
392 subsidiary of such corporation or other issuer.
393 4. "Portfolio positions" means individual investments in
394 portfolio companies which are made by the alternative investment
395 vehicles, including information or specific investment terms
396 associated with any portfolio company investment.
397 5. "Proprietor" means an alternative investment vehicle, a
398 portfolio company in which the alternative investment vehicle is
399 invested, or an outside consultant, including the respective
400 authorized officers, employees, agents, or successors in

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401 interest, which controls or owns information provided to the
402 State Board of Administration.
403 6. "Proprietary confidential business information" means
404 information that has been designated by the proprietor when
405 provided to the State Board of Administration as information
406 that is owned or controlled by a proprietor; that is intended to
407 be and is treated by the proprietor as private, the disclosure
408 of which would harm the business operations of the proprietor
409 and has not been intentionally disclosed by the proprietor
410 unless pursuant to a private agreement that provides that the
411 information will not be released to the public except as
412 required by law or legal process, or pursuant to law or an order
413 of a court or administrative body; and that concerns:
414 a. Trade oeereto as defined in o. 688.002.
415 a.e. Information provided to the State Board of
416 Administration regarding a prospective investment in a private
417 equity fund, venture fund, hedge fund, distress fund, or
418 portfolio company which is proprietary to the provider of the
419 information.
420 b.€-7 Financial statements and auditor reports of an
421 alternative investment vehicle.
422 c.e-. Meeting materials of an alternative investment
423 vehicle relating to financial, operating, or marketing
424 information of the alternative investment vehicle.
425 d.e. Information regarding the portfolio positions in

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42 6 which the alternative investment vehicles invest.
427 e.~ Capital call and distribution notices to investors of
428 an alternative investment vehicle.
429 !..:_-EJ-;- Alternative investment agreements and related
430 records .
431 .<1_:_&. Information concerning investors, other than the
432 State Board of Administration, in an alternative investment
433 vehicle.
434 7. "Proprietary confidential business information" does
435 not include:
436 a. The name, address, and vintage year of an alternative
437 investment vehicle and the identity of the principals involved
438 in the management of the alternative investment vehicle.
439 b. The dollar amount of the commitment made by the State
440 Board of Administration to each alternative investment vehicle
441 since inception.
442 c. The dollar amount and date of cash contributions made
443 by the State Board of Administration to each alternative
444 investment vehicle since inception.
445 d. The dollar amount, on a fiscal-year-end basis, of cash
446 distributions received by the State Board of Administration from
447 each alternative investment vehicle.
448 e. The dollar amount, on a fiscal-year-end basis, of cash
449 distributions received by the State Board of Administration plus
450 the remaining value of alternative-vehicle assets that are

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451 attributable to the State Board of Administration's investment
452 in each alternative investment vehicle.
453 f. The net internal rate of return of each alternative
454 investment vehicle since inception.
455 g. The investment multiple of each alternative investment
456 vehicle since inception.
457 h. The dollar amount of the total management fees and
458 costs paid on an annual fiscal-year-end basis by the State Board
459 of Administration to each alternative investment vehicle.
460 i. The dollar amount of cash profit received by the State
461 Board of Administration from each alternative investment vehicle
462 on a fiscal-year-end basis.
463 j. A description of any compensation, fees, or expenses,
464 including the amount or value, paid or agreed to be paid by a
465 proprietor to any person to solicit the board to make an
466 alternative investment or investment through an alternative
467 investment vehicle. This does not apply to an executive officer,
468 general partner, managing member, or other employee of the
469 proprietor, who is paid by the proprietor to solicit the board
470 to make such investments.
471 (c)l. Notwithstanding the provisions of paragraph (b), a
472 request to inspect or copy a record under s. 119.07(1) that
473 contains proprietary confidential business information shall be
474 granted if the proprietor of the information fails, within a
475 reasonable period of time after the request is received by the

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476 State Board of Administration, to verify the following to the
477 State Board of Administration through a written declaration in
478 the manner provided bys. 92.525:
479 a. That the requested record contains proprietary
480 confidential business information and the specific location of
481 such information within the record;
482 b. If the proprietary confidential business inforffiation is
483 a trade secret, a verification that it is a trade secret as
484 defined ins. 688.002;
485 b.e. That the proprietary confidential business
486 information is intended to be and is treated by the proprietor
487 as private, is the subject of efforts of the proprietor to
488 maintain its privacy, and is not readily ascertainable or
489 publicly available from any other source; and
490 c.4.- That the disclosure of the proprietary confidential
491 business information to the public would harm the business
492 operations of the proprietor.
493 2. The State Board of Administration shall maintain a list
494 and a description of the records covered by any verified,
495 written declaration made under this paragraph.
496 (d) Any person may petition a court of competent
497 jurisdiction for an order for the public release of those
498 portions of any record made confidential and exempt by paragraph
499 (b). Any action under this paragraph must be brought in Leon
500 County, Florida, and the petition or other initial pleading

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501 shall be served on the State Board of Administration and, if
502 determinable upon diligent inquiry, on the proprietor of the
503 information sought to be released. In any order for the public
504 release of a record under this paragraph, the court shall make a
505 finding that the record or portion thereof is not a trade secret
506 as defined ins. 688.002, that a compelling public interest is
507 served by the release of the record or portions thereof which
508 exceed the public necessity for maintaining the confidentiality
509 of such recordT and that the release of the record will not
510 cause damage to or adversely affect the interests of the
511 proprietor of the released information, other private persons or
512 business entities, the State Board of Administration, or any
513 trust fund, the assets of which are invested by the State Board
514 of Administration.
515 Section 8. Subsection (1) of section 252.88, Florida
516 Statutes, is amended to read:
517 252.88 Public records.-
518 (1) Whenever EPCRA authorizes an employer to exclude trade
519 secret information from its submittals, the employer shall
520 furnish the information so excluded to the commission upon
521 request. Such information shall be confidential and eJEempt from
522 the provisions of s. 119.07(1). The commission shall not
523 disclose such information eJEcept pursuant to a final
524 deterWtination under s. 322 of EPCRA by the Adfftinistrator of the
525 Environmental Protection Agency that such information is not

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526 entitled to trade secret protection, or pursuant to an order of
527 court.
528 Section 9. Section 252.943, Florida Statutes, is repealed.
529 Section 10. Paragraph (h) of subsection (2) of section
530 287.0943, Florida Statutes, is amended to read:
531 287.0943 Certification of minority business enterprises.-
532 (2)

533 (h) The certification procedures should allow an applicant
534 seeking certification to designate on the application form the
535 information the applicant considers to be proprietary,
536 confidential business information. As used in this paragraph,
537 "proprietary, confidential business information" includes, but
538 is not lifflited to, any information that would be exempt from
539 public inspection pursuant to the provisions of chapter 119;
540 trade secrets; internal auditing controls and reports; contract
541 costs; or other information the disclosure of which would injure
542 the affected party in the marketplace or otherwise violates.
543 286.041. The executor in receipt of the application shall issue
544 written and final notice of any information for which
545 noninspection is requested but not provided for by law.
546 Section 11. Subsection (7) of section 288.047, Florida
547 Statutes, is amended to read:
548 288.047 Quick-response training for economic development.-
549 (7) In providing instruction pursuant to this section,
550 materials that relate to methods of manufacture or production,

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551 potential trade secrets, business transactions, or proprietary
552 information received, produced, ascertained, or discovered by
553 employees of the respective departments, district school boards,
554 community college district boards of trustees, or other
555 personnel employed for the purposes of this section is
556 confidential and exempt from the provisions of s. 119.07(1). The
557 state may seek copyright protection for instructional materials
558 and ancillary written documents developed wholly or partially
559 with state funds as a result of instruction provided pursuant to
560 this section, except for materials that are confidential and
561 exempt from the provisions of s. 119.07(1).
562 Section 12. Paragraph (c) of subsection (1) and subsection
563 (3) of section 288.075, Florida Statutes, are amended to read:
564 288.075 Confidentiality of records.-
565 (1) DEFINITIONS.-As used in this section, the term:
566 (c) "Trade secret" has the same meaning as ins. 688.002.
567 (3) TR.7',DE SECRETS. Trade secrets held by an economic
568 development agency are confidential and eJtempt from s. 119.07 (1)
569 ands. 24(a), Art. I of the State Constitution.
570 Section 13. Subsection (9) of section 288.1226, Florida
571 Statutes, is amended to read:
572 288.1226 Florida Tourism Industry Marketing Corporation;
573 use of property; board of directors; duties; audit.-
574 (9) PUBLIC RECORDS EXEMPTION.-The identity of any person
575 who responds to a marketing project or advertising research

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576 project conducted by the corporation in the performance of its
577 duties on behalf of Enterprise Florida, Inc., is or trade
578 secrets as defined bys. 812.081 obtained pursuant to such
579 activities, are exempt from s. 119.07(1) ands. 24(a), Art. I of
580 the State Constitution. This subsection is subject to the Open
581 Government Sunset Review Act in accordance withs. 119.15 and
582 shall stand repealed on October 2, 2021, unless reviewed and
583 saved from repeal through reenactment by the Legislature.
584 Section 14. Paragraph (d) of subsection (3) of section
585 288.776, Florida Statutes, is amended to read:
586 288.776 Board of directors; powers and duties.-
587 (3) The board shall:
588 (d) Adopt policies, including criteria, establishing which
589 exporters and export transactions shall be eligible for
590 insurance, coinsurance, loan guarantees, and direct, guaranteed,
591 or collateralized loans which may be extended by the
592 corporation. Pursuant to this subsection, the board shall
593 include the following criteria:
594 1. Any individual signing any corporation loan application
595 and loan or guarantee agreement shall have an equity in the
596 business applying for financial assistance.
597 2. Each program shall exclusively support the export of
598 goods and services by small and medium-sized businesses which
599 are domiciled in this state. Priority shall be given to goods
600 which have value added in this state.

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601 3. Financial assistance shall only be extended when at
602 least one of the following circumstances exists:
603 a. The assistance is required to secure the participation
604 of small and medium-sized export businesses in federal, state,
605 or private financing programs.
606 b. No conventional source of lender support is available
607 for the business from public or private financing sources.
608
609 Personal financial records, trade secrets, or proprietary
610 information of applicants shall be confidential and exempt from
611 the provisions of s. 119.07(1).
612 Section 15. Section 288.9520, Florida Statutes, is amended
613 to read:
614 288.9520 Public records exemption.-Materials that relate
615 to methods of manufacture or production, poteRtial trade
616 secrets, potentially patentable material, actual trade secrets,
617 business transactions, financial and proprietary information,
618 and agreements or proposals to receive funding that are
619 received, generated, ascertained, or discovered by Enterprise
620 Florida, Inc., including its affiliates or subsidiaries and
621 partnership participants, such as private enterprises,
622 educational institutions, and other organizations, are
623 confidential and exempt from the provisions of s. 119.07(1) and
624 s. 24(a), Art. I of the State Constitution, except that a
625 recipient of Enterprise Florida, Inc., research funds shall make

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626 available, upon request, the title and description of the
627 research project, the name of the researcher, and the amount and
628 source of funding provided for the project.
629 Section 16. Subsection (5) of section 288.9607, Florida
630 Statutes, is amended to read:
631 288.9607 Guaranty of bond issues.-
632 (5) Personal financial records, tracle secrets, or
633 proprietary information of applicants delivered to or obtained
634 by the corporation shall be confidential and exempt from the
635 provisions of s. 119.07(1).
636 Section 17. Paragraph (f) of subsection (1), paragraph (a)
637 of subsection (2), paragraph (a) of subsection (3), and
638 paragraphs (b) and (c) of subsection (4) of section 288.9626,
639 Florida Statutes, are amended to read:
640 288.9626 Exemptions from public records and public
641 meetings requirements for the Florida Opportunity Fund.-
642 (1) DEFINITIONS.-As used in this section, the term:
643 (f) 1. "Proprietary confidential business information"
644 means information that has been designated by the proprietor
645 when provided to the Florida Opportunity Fund as information
646 that is owned or controlled by a proprietor; that is intended to
647 be and is treated by the proprietor as private, the disclosure
648 of which would harm the business operations of the proprietor
649 and has not been intentionally disclosed by the proprietor
650 unless pursuant to a private agreement that provides that the

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651 information will not be released to the public except as
652 required by law or legal process, or pursuant to law or an order
653 of a court or administrative body; and that concerns:
654 a. Trade secrets as defined ins. 688.002.
655 a.a. Information provided to the Florida Opportunity Fund
656 regarding an existing or prospective alternative investment in a
657 private equity fund, venture capital fund, angel fund, or
658 portfolio company that is proprietary to the provider of the
659 information.
660 b.e.- Financial statements and auditor reports of an
661 alternative investment vehicle or portfolio company, unless
662 publicly released by the alternative investment vehicle or
663 portfolio company.
664 c.e:-. Meeting materials of an alternative investment
665 vehicle or portfolio company relating to financial, operating,
666 or marketing information of the alternative investment vehicle
667 or portfolio company.
668 d.e-. Information regarding the portfolio positions in
669 which the alternative investment vehicles or Florida Opportunity
670 Fund invest.
671 e . .f-. Capital call and distribution notices to investors or
672 the Florida Opportunity Fund of an alternative investment
673 vehicle.
674 !.:_~ Alternative investment agreements and related
675 records.

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67 6 5l.:.ft. Information concerning investors, other than the
677 Florida Opportunity Fund, in an alternative investment vehicle
678 or portfolio company.
679 2. "Proprietary confidential business information" does
680 not include:
681 a. The name, address, and vintage year of an alternative
682 investment vehicle or Florida Opportunity Fund and the identity
683 of the principals involved in the management of the alternative
684 investment vehicle or Florida Opportunity Fund.
685 b. The dollar amount of the commitment made by the Florida
686 Opportunity Fund to each alternative investment vehicle since
687 inception, if any.
688 c. The dollar amount and date of cash contributions made
689 by the Florida Opportunity Fund to each alternative investment
690 vehicle since inception, if any.
691 d. The dollar amount, on a fiscal-year-end basis, of cash
692 or other fungible distributions received by the Florida
693 Opportunity Fund from each alternative investment vehicle.
694 e. The dollar amount, on a fiscal-year-end basis, of cash
695 or other fungible distributions received by the Florida
696 Opportunity Fund plus the remaining value of alternative-vehicle
697 assets that are attributable to the Florida Opportunity Fund's
698 investment in each alternative investment vehicle.
699 f. The net internal rate of return of each alternative
700 investment vehicle since inception.

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701 g. The investment multiple of each alternative investment
702 vehicle since inception.
703 h. The dollar amount of the total management fees and
704 costs paid on an annual fiscal-year-end basis by the Florida
705 Opportunity Fund to each alternative investment vehicle.
706 i. The dollar amount of cash profit received by the
707 Florida Opportunity Fund from each alternative investment
708 vehicle on a fiscal-year-end basis.
709 (2) PUBLIC RECORDS EXEMPTION.-
710 (a) The following records held by the Florida Opportunity
711 Fund are confidential and exempt from s. 119.07(1) ands. 24(a),
712 Art. I of the State Constitution:
713 1. Materials that relate to methods of manufacture or
714 production, potential trade secrets, or patentable material
715 received, generated, ascertained, or discovered during the
716 course of research or through research projects and that are
717 provided by a proprietor.
718 2. Information that would identify an investor or
719 potential investor who desires to remain anonymous in projects
720 reviewed by the Florida Opportunity Fund.
721 3. Proprietary confidential business information regarding
722 alternative investments for 7 years after the termination of the
723 alternative investment.
724 ( 3) PUBLIC MEETINGS EXEMPTION.-
725 (a) That portion of a meeting of the board of directors

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726 of the Florida Opportunity Fund at which information is
727 discussed which is confidential and exempt under subsection (2)
728 ors. 688.01 is exempt from s. 286.011 ands. 24(b), Art. I of
729 the State Constitution.
730 (4) REQUEST TO INSPECT OR COPY A RECORD.-
731 (b) Notwithstanding the provisions of paragraph (2) (a), a
732 request to inspect or copy a public record that contains
733 proprietary confidential business information shall be granted
734 if the proprietor of the information fails, within a reasonable
735 period of time after the request is received by the Florida
736 Opportunity Fund, to verify the following to the Florida
737 Opportunity Fund through a written declaration in the manner
738 provided bys. 92.525:
739 1. That the requested record contains proprietary
740 confidential business information and the specific location of
741 such information within the record;
742 2. If the proprietary confidential euoineoo inforfflation is
743 a trade secret, a verification that it is a trade secret as
744 defined in o. 688.002;
745 2.-3-.- That the proprietary confidential business
746 information is intended to be and is treated by the proprietor
747 as private, is the subject of efforts of the proprietor to
748 maintain its privacy, and is not readily ascertainable or
749 publicly available from any other source; and
750 3.4-:- That the disclosure of the proprietary confidential

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751 business information to the public would harm the business
752 operations of the proprietor.
753 (c)l. Any person may petition a court of competent
754 jurisdiction for an order for the public release of those
755 portions of any record made confidential and exempt by
756 subsection (2).
757 2. Any action under this subsection must be brought in
758 Orange County, and the petition or other initial pleading shall
759 be served on the Florida Opportunity Fund and, if determinable
7 60 upon diligent inquiry, on the proprietor of the information
761 sought to be released.
762 3. In any order for the public release of a record under
763 this subsection, the court shall make a finding that:
764 a. The record or portion thereof is not a trade secret as
765 defined ins. 688.002;
766 a. a-. A compelling public interest is served by the
767 release of the record or portions thereof which exceed the
768 public necessity for maintaining the confidentiality of such
769 record; and
770 b. €-;- The release of the record will not cause damage to
771 or adversely affect the interests of the proprietor of the
772 released information, other private persons or business
773 entities, or the Florida Opportunity Fund.
774 Section 18. Paragraph (b) of subsection (1), paragraph (a)
775 of subsection (2), paragraph (a) of subsection (3), and

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776 paragraphs (b) and (c) of subsection (4) of section 288.9627,
777 Florida Statutes, are amended to read:
778 288.9627 Exemptions from public records and public
779 meetings requirements for the Institute for Commercialization of
780 Florida Technology.-
781 (1) DEFINITIONS.-As used in this section, the term:
782 (b)l. "Proprietary confidential business information"
783 means information that has been designated by the proprietor
784 when provided to the institute as information that is owned or
785 controlled by a proprietor; that is intended to be and is
786 treated by the proprietor as private, the disclosure of which
787 would harm the business operations of the proprietor and has not
788 been intentionally disclosed by the proprietor unless pursuant
789 to a private agreement that provides that the information will
790 not be released to the public except as required by law or legal
791 process, or pursuant to law or an order of a court or
792 administrative body; and that concerns:
793 a. Trade secrets as defined ins. 688.002.
794 a.a-. Financial statements and internal or external auditor
795 reports of a proprietor corporation, partnership, or person
796 requesting confidentiality under this statute, unless publicly
797 released by the proprietor.
798 b.e-:- Meeting materials related to financial, operating,
799 investment, or marketing information of the proprietor
800 corporation, partnership, or person.

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801 c.€l:-.- Information concerning private investors in the
802 proprietor corporation, partnership, or person.
803 2. "Proprietary confidential business information" does
804 not include:
805 a. The identity and primary address of the proprietor's
806 principals.
807 b. The dollar amount and date of the financial commitment
808 or contribution made by the institute.
809 c. The dollar amount, on a fiscal-year-end basis, of cash
810 repayments or other fungible distributions received by the
811 institute from each proprietor.
812 d. The dollar amount, if any, of the total management fees
813 and costs paid on an annual fiscal-year-end basis by the
814 institute.
815 (2) PUBLIC RECORDS EXEMPTION.-
816 (a) The following records held by the institute are
817 confidential and exempt from s. 119.07(1) ands. 24(a), Art. I
818 of the State Constitution:
819 1. Materials that relate to methods of manufacture or
820 production, potential trade secrets, or patentable material
821 received, generated, ascertained, or discovered during the
822 course of research or through research projects conducted by
823 universities and other publicly supported organizations in this
824 state and that are provided to the institute by a proprietor.
825 2. Information that would identify an investor or

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826 potential investor who desires to remain anonymous in projects
827 reviewed by the institute for assistance.
828 3. Any information received from a person from another
829 state or nation or the Federal Government which is otherwise
830 confidential or exempt pursuant to the laws of that state or
831 nation or pursuant to federal law.
832 4. Proprietary confidential business information for 7
833 years after the termination of the institute's financial
834 commitment to the company.
835 (3) PUBLIC MEETINGS EXEMPTION.-
836 (a) That portion of a meeting of the institute's board of
837 directors at which information is discussed which is
838 confidential and exempt under subsection (2) ors. 688.01 is
839 exempt from s. 286.011 ands. 24(b), Art. I of the State
840 Constitution.
841 (4) REQUEST TO INSPECT OR COPY A RECORD.-
842 (b) Notwithstanding the provisions of paragraph ( 2) (a) , a
843 request to inspect or copy a public record that contains
844 proprietary confidential business information shall be granted
845 if the proprietor of the information fails, within a reasonable
846 period of time after the request is received by the institute,
847 to verify the following to the institute through a written
848 declaration in the manner provided bys. 92.525:
849 1. That the requested record contains proprietary
850 confidential business information and the specific location of

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851 such information within the record;
852 2. If the proprietary confidential business information is
853 a trade secret, a verification that it is a trade secret as
854 defined ins. 688.002;
855 2.-3-. That the proprietary confidential business
856 information is intended to be and is treated by the proprietor
857 as private, is the subject of efforts of the proprietor to
858 maintain its privacy, and is not readily ascertainable or
859 publicly available from any other source; and
860 3.4-. That the disclosure of the proprietary confidential
861 business information to the public would harm the business
862 operations of the proprietor.
863 (c)l. Any person may petition a court of competent
864 jurisdiction for an order for the public release of those
865 portions of any record made confidential and exempt by
866 subsection (2).
867 2. Any action under this subsection must be brought in
868 Palm Beach County or Alachua County, and the petition or other
869 initial pleading shall be served on the institute and, if
870 determinable upon diligent inquiry, on the proprietor of the
871 information sought to be released.
872 3. In any order for the public release of a record under
873 this subsection, the court shall make a finding that:
874 a. ~he record or portion thereof is not a trade secret as
875 defined ins. 688.002;

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876 a.b--. A compelling public interest is served by the release
877 of the record or portions thereof which exceed the public
878 necessity for maintaining the confidentiality of such record;
87 9 and
880 b.e. The release of the record will not cause damage to or
881 adversely affect the interests of the proprietor of the released
882 information, other private persons or business entities, or the
883 institute.
884 Section 19. Section 331.326, Florida Statutes, is amended
885 to read:
886 331.326 Information relating to trade secrets
887 confidential.-The records of Space Florida regarding matters
888 encompassed by this act are public records subject to chapter
889 119. Any information held by Space Florida which is a trade
890 secret, as defined ins. 812.081, including trade secrets of
891 Space Florida, any spaceport user, or the space industry
892 business, is confidential and e>wmpt froffi s. 119.07(1) ands.
893 24(a), Art. I of the State Constitution and ffiay not be
894 disclosed. If Space Florida deterfflines that any inforffiation
895 requested by the public will reveal a trade secret, it shall, in
896 writing, inform the person ffiaking the request of that
897 deterfflination. The deterffiination is a final order as defined in
898 s. 120.§2. Any meeting or portion of a meeting of Space
899 Florida's board is exempt from s. 286.011 ands. 24(b), Art. I
900 of the State Constitution when the board is discussing trade

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901 secrets as defined ins. 688.01. Any public record generated
902 during the closed portions of the meetings, such as minutes,
903 tape recordings, and notes, is confidential and exempt from s.
904 119.07(1) ands. 24(a), Art. I of the State Constitution.~
905 section is subject to the Open Government Sunset Review Act in
906 accordance withs. 119.15 and shall stand repealed on October 2,
907 2021, unless reviewed and saved from repeal through reenactment
908 by the Legislature.
909 Section 20. Subsection (4) of section 334.049, Florida
910 Statutes, is amended to read:
911 334.049 Patents, copyrights, trademarks; notice to
912 Department of State; confidentiality of trade secrets.-
913 (4) Any information obtained by the department as a result
914 of research and development projects and revealing a method of
915 process, production, or manufacture which is a trade secret as
916 defined in a. 688.002, is confidential and eKempt from the
917 provisions of a. 119.07(1).
918 Section 21. Section 350.121, Florida Statutes, is amended
919 to read:
920 350.121 Commission inquiries; confidentiality of business
921 material.-If the commission undertakes an inquiry, any records,
922 documents, papers, maps, books, tapes, photographs, files, sound
923 recordings, or other business material, regardless of form or
924 characteristics, obtained by the commission incident to the
925 inquiry are considered confidential and exempt from s. 119.07(1)

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926 while the inquiry is pending. If at the conclusion of an inquiry
927 the commission undertakes a formal proceeding, any matter
928 determined by the commission or by a judicial or administrative
929 body, federal or state, to be trade secrets or proprietary
930 confidential business information coming into its possession
931 pursuant to such inquiry shall be considered confidential and
932 exempt from s. 119.07(1). Such material may be used in any
933 administrative or judicial proceeding so long as the
934 confidential or proprietary nature of the material is
935 maintained.
936 Section 22. Subsection (3) of section 364.183, Florida
937 Statutes, is amended to read:
938 364.183 Access to company records.-
939 (3) The term "proprietary confidential business
940 information" means information, regardless of form or
941 characteristics, which is owned or controlled by the person or
942 company, is intended to be and is treated by the person or
943 company as private in that the disclosure of the information
944 would cause harm to the ratepayers or the person's or company's
945 business operations, and has not been disclosed unless disclosed
946 pursuant to a statutory provision, an order of a court or
947 administrative body, or private agreement that provides that the
948 information will not be released to the public. The term
949 includes, but is not lifflited to:
950 (a) Trade secrets.

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951 _@j__-fe+ Internal auditing controls and reports of internal
952 auditors.
953 l!21_-te+- Security measures, systems, or procedures.
954 ~-f-e-t Information concerning bids or other contractual
955 data, the disclosure of which would impair the efforts of the
956 company or its affiliates to contract for goods or services on
957 favorable terms.
958 ~-te+- Information relating to competitive interests, the
959 disclosure of which would impair the competitive business of the
960 provider of information.
961 ~+f+- Employee personnel information unrelated to
962 compensation, duties, qualifications, or responsibilities.
963 Section 23. Subsection (3) of section 365.174, Florida
964 Statutes, is amended to read:
965 365.174 Proprietary confidential business information.-
966 (3) As used in this section, the term "proprietary
967 confidential business information" means customer lists,
968 customer numbers, individual or aggregate customer data by
969 location, usage and capacity data, network facilities used to
970 serve subscribers, technology descriptions, or technical
971 information, or trade secrets, including trade secrets as
972 defined ins. 812.081, and the actual or developmental costs of
973 E911 systems that are developed, produced, or received
974 internally by a provider or by a provider's employees,
975 directors, officers, or agents.

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97 6 Section 24. Subsection (3) of section 366.093, Florida
977 Statutes, is amended to read:
978 366.093 Public utility records; confidentiality.-
979 (3) Proprietary confidential business information means
980 information, regardless of form or characteristics, which is
981 owned or controlled by the person or company, is intended to be
982 and is treated by the person or company as private in that the
983 disclosure of the information would cause harm to the ratepayers
984 or the person's or company's business operations, and has not
985 been disclosed unless disclosed pursuant to a statutory
986 provision, an order of a court or administrative body, or
987 private agreement that provides that the information will not be
988 released to the public. Proprietary confidential business
989 information includes, but is not lifflited to:
990 (a) Trade secrets.
991 ~-fb+ Internal auditing controls and reports of internal
992 auditors.
993 JEl_-f-e+- Security measures, systems, or procedures.
994 J..£1-te+ Information concerning bids or other contractual
995 data, the disclosure of which would impair the efforts of the
996 public utility or its affiliates to contract for goods or
997 services on favorable terms.
998 J.31-f-e+- Information relating to competitive interests, the
999 disclosure of which would impair the competitive business of the
1000 provider of the information.

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1001 ~-t-f-t Employee personnel information unrelated to
1002 compensation, duties, qualifications, or responsibilities.
1003 Section 25. Subsection (3) of section 367.156, Florida
1004 Statutes, is amended to read:
1005 367.156 Public utility records; confidentiality.-
1006 (3) Proprietary confidential business information means
1007 information, regardless of form or characteristics, which is
1008 owned or controlled by the person or company, is intended to be
1009 and is treated by the person or company as private in that the
1010 disclosure of the information would cause harm to the ratepayers
1011 or the person's or company's business operations, and has not
1012 been disclosed unless disclosed pursuant to a statutory
1013 provision, an order of a court or administrative body, or a
1014 private agreement that provides that the information will not be
1015 released to the public. Proprietary business information
1016 includes, but is not limited to:
1017 (a) Trade oeereto.
1018 ~-fb+ Internal auditing controls and reports of internal
1019 auditors.
1020 J.E.l_-te+ Security measures, systems, or procedures.
1021 ~-td+ Information concerning bids or other contractual
1022 data, the disclosure of which would impair the efforts of the
1023 utility or its affiliates to contract for goods or services on
1024 favorable terms.
1025 Js!.l+e+ Information relating to competitive interests, the

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102 6 disclosure of which would impair the competitive businesses of
1027 the provider of the information.
1028 ~+f+ Employee personnel information unrelated to
1029 compensation, duties, qualifications, or responsibilities.
1030 Section 26. Subsection (3) of section 368.108, Florida
1031 Statutes, is amended to read:
1032 368.108 Confidentiality; discovery.-
1033 (3) "Proprietary confidential business information" means
1034 information, regardless of form or characteristics, which is
1035 owned or controlled by the person or company, is intended to be
1036 and is treated by the person or company as private in that the
1037 disclosure of the information would cause harm to the ratepayers
1038 or the person's or company's business operations, and has not
1039 been disclosed unless disclosed pursuant to a statutory
1040 provision, an order of a court or administrative body, or a
1041 private agreement that provides that the information will not be
1042 released to the public. "Proprietary confidential business
1043 information" includes, but is not limited to:
1044 (a) Trade secrets.
1045 ~-fb-t Internal auditing controls and reports of internal
1046 auditors.
1047 J.Ql-te+ Security measures, systems, or procedures.
1048 J..£1-+4+- Information concerning bids or other contractual
1049 data, the disclosure of which would impair the efforts of the
1050 natural gas transmission company or its affiliates to contract

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1051 for goods or services on favorable terms.
1052 J..91-f-e-t Information relating to competitive interests, the
1053 disclosure of which would impair the competitive business of the
1054 provider of the information.
1055 ~-f-f-t Employee personnel information unrelated to
1056 compensation, duties, qualifications, or responsibilities.
1057 Section 27. Section 381.83, Florida Statutes, is repealed.
1058 Section 28. Paragraph (c) of subsection (2) of section
1059 395.3035, Florida Statutes, is amended to read:
1060 395.3035 Confidentiality of hospital records and
1061 meetings.-
1062 (2) The following records and information of any hospital
1063 that is subject to chapter 119 ands. 24(a), Art. I of the State
1064 Constitution are confidential and exempt from the provisions of
1065 s. 119.07(1) ands. 24(a), Art. I of the State Constitution:
1066 (c) Trade secrets, as defined ins. 688.002, including
1067 Reimbursement methodologies and rates.
1068 Section 29. Subsection (2) and paragraph (b) of subsection
1069 (3) of section 403.7046, Florida Statutes, are amended to read:
1070 403.7046 Regulation of recovered materials.-
1071 (2) Notwithstanding s. 688.01, information reported
1072 pursuant to this section or any rule adopted pursuant to this
1073 section which, if disclosed, would reveal a trade secret, as
1074 defined ins. 688.01, may be provided by the department -s.-
1075 812.081, is confidential and eJcempt from s. 119.07(1) ands.

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1076 24(a), Art. I of the State Constitution. For reporting or
1077 information purposes, however, the department may provide this
1078 information in such form that the names of the persons reporting
1079 such information and the specific information reported are not
1080 revealed. This subsection is subject to the Open Government
1081 Sunset Review Act in accordance withs. 119.1§ and shall stand
1082 repealed on October 2, 2021, unless reviewed and saved from
1083 repeal through reenactment by the Legislature.
1084 (3) Except as otherwise provided in this section or
1085 pursuant to a special act in effect on or before January 1,
1086 1993, a local government may not require a commercial
1087 establishment that generates source-separated recovered
1088 materials to sell or otherwise convey its recovered materials to
1089 the local government or to a facility designated by the local
1090 government, nor may the local government restrict such a
1091 generator's right to sell or otherwise convey such recovered
1092 materials to any properly certified recovered materials dealer
1093 who has satisfied the requirements of this section. A local
1094 government may not enact any ordinance that prevents such a
1095 dealer from entering into a contract with a commercial
1096 establishment to purchase, collect, transport, process, or
1097 receive source-separated recovered materials.
1098 (b)-1.- Before engaging in business within the jurisdiction
1099 of the local government, a recovered materials dealer or
1100 pyrolysis facility must provide the local government with a copy

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1101 of the certification provided for in this section. In addition,
1102 the local government may establish a registration process
1103 whereby a recovered materials dealer or pyrolysis facility must
1104 register with the local government before engaging in business
1105 within the jurisdiction of the local government. Such
1106 registration process is limited to requiring the dealer or
1107 pyrolysis facility to register its name, including the owner or
1108 operator of the dealer or pyrolysis facility, and, if the dealer
1109 or pyrolysis facility is a business entity, its general or
1110 limited partners, its corporate officers and directors, its
1111 permanent place of business, evidence of its certification under
1112 this section, and a certification that the recovered materials
1113 or post-use polymers will be processed at a recovered materials
1114 processing facility or pyrolysis facility satisfying the
1115 requirements of this section. The local government may not use
1116 the information provided in the registration application to
1117 compete unfairly with the recovered materials dealer until 90
1118 days after receipt of the application. All counties, and
1119 municipalities whose population exceeds 35,000 according to the
1120 population estimates determined pursuant to s. 186.901, may
1121 establish a reporting process that must be limited to the
1122 regulations, reporting format, and reporting frequency
1123 established by the department pursuant to this section, which
1124 must, at a minimum, include requiring the dealer or pyrolysis
1125 facility to identify the types and approximate amount of

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1126 recovered materials or post-use polymers collected, recycled, or
1127 reused during the reporting period; the approximate percentage
1128 of recovered materials or post-use polymers reused, stored, or
1129 delivered to a recovered materials processing facility or
1130 pyrolysis facility or disposed of in a solid waste disposal
1131 facility; and the locations where any recovered materials or
1132 post-use polymers were disposed of as solid waste. The local
1133 government may charge the dealer or pyrolysis facility a
1134 registration fee commensurate with and no greater than the cost
1135 incurred by the local government in operating its registration
1136 program. Registration program costs are limited to those costs
1137 associated with the activities described in this paragraph
1138 subparagraph. Any reporting or registration process established
1139 by a local government with regard to recovered materials or
1140 post-use polymers is governed by this section and department
1141 rules adopted pursuant thereto.
1142 2. Inforfflation reported under this subsection which, if
1143 disclosed, would reveal a trade secret, as defined in o.
1144 812.081, is confidential and eJcefflpt froffl o. 119.07(1) and o.
1145 24(a), Art. I of the State Constitution. This subparagraph is
1146 subject to the Open Governffient Sunset Review Act in accordance
1147 with o. 119.1§ and shall stand repealed on October 2, 2021,
1148 unless reviewed and saved froffi repeal through reenactfflent by the
1149 Legislature.
1150 Section 30. Section 403.73, Florida Statutes, is repealed.

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1151 Section 31. Paragraph (c) of subsection (1) of section
1152 408.061, Florida Statutes, is amended to read:
1153 408.061 Data collection; uniform systems of financial
1154 reporting; information relating to physician charges;
1155 confidential information; immunity.-
1156 (1) The agency shall require the submission by health care
1157 facilities, health care providers, and health insurers of data
1158 necessary to carry out the agency's duties and to facilitate
1159 transparency in health care pricing data and quality measures.
1160 Specifications for data to be collected under this section shall
1161 be developed by the agency and applicable contract vendors, with
1162 the assistance of technical advisory panels including
1163 representatives of affected entities, consumers, purchasers, and
1164 such other interested parties as may be determined by the
1165 agency.
1166 (c) Data to be submitted by health insurers may include,
1167 but are not limited to: claims, payments to health care
1168 facilities and health care providers as specified by rule,
1169 premium, administration, and financial information. Data
1170 submitted shall be certified by the chief financial officer, an
1171 appropriate and duly authorized representative, or an employee
1172 of the insurer that the information submitted is true and
1173 accurate. Inforffiation that is considered a trade secret under s.
1174 812.081 shall be clearly designated.
1175 Section 32. Subsection (1) of section 408.185, Florida

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1176 Statutes, is amended to read:
1177 408.185 Information submitted for review of antitrust
1178 issues; confidentiality.-The following information held by the
1179 Office of the Attorney General, which is submitted by a member
1180 of the health care community pursuant to a request for an
1181 antitrust no-action letter shall be confidential and exempt from
1182 the provisions of s. 119.07(1) ands. 24(a), Art. I of the State
1183 Constitution for 1 year after the date of submission.
1184 (1) Documents that reveal trade secrets as defined ins.
1185 688.002.
1186 Section 33. Paragraph (a) of subsection (14) of section
1187 408.910, Florida Statutes, is amended to read:
1188 408.910 Florida Health Choices Program.-
1189 (14) EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS.-
1190 (a) Definitions.-For purposes of this subsection, the
1191 term:
1192 1. "Buyer's representative" means a participating
1193 insurance agent as described in paragraph (4) (g).
1194 2. "Enrollee" means an employer who is eligible to enroll
1195 in the program pursuant to paragraph (4) (a).
1196 3. "Participant" means an individual who is eligible to
1197 participate in the program pursuant to paragraph ( 4) (b).
1198 4. "Proprietary confidential business information" means
1199 information, regardless of form or characteristics, that is
1200 owned or controlled by a vendor requesting confidentiality under

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1201 this section; that is intended to be and is treated by the
1202 vendor as private in that the disclosure of the information
1203 would cause harm to the business operations of the vendor; that
1204 has not been disclosed unless disclosed pursuant to a statutory
1205 provision, an order of a court or administrative body, or a
1206 private agreement providing that the information may be released
1207 to the public; and that is information concerning:
1208 a. Business plans.
1209 b. Internal auditing controls and reports of internal
1210 auditors.
1211 c. Reports of external auditors for privately held
1212 companies.
1213 d. Client and customer lists.
1214 e. Potentially patentable material.
1215 f. ~ trade secret as defined ins. 688.002.
1216 5. "Vendor" means a participating insurer or other
1217 provider of services as described in paragraph (4) (d).
1218 Section 34. Section 409.91196, Florida Statutes, is
1219 amended to read:
1220 409.91196 Supplemental rebate agreements; public records
1221 and public meetings exemption.-
1222 (1) The rebate amount, percent of rebate, manufacturer's
1223 pricing, and supplemental rebate, and other trade secrets as
1224 defined ins. 688.002 that the agency has identified for use in
1225 negotiations, held by the Agency for Health Care Administration

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122 6 under s. 409.912(5) (a)7. are confidential and exempt from s.
1227 119.07(1) ands. 24(a), Art. I of the State Constitution.
1228 (2) That portion of a meeting of the Medicaid
1229 Pharmaceutical and Therapeutics Committee at which the rebate
1230 amount, percent of rebate, manufacturer's pricing, or
1231 supplemental rebate, or confidential and exempt other trade
1232 secrets as provided for ins. 688.01 defiRed iR s. 688.002 that
1233 the agency has identified for use in negotiations, are discussed
1234 is exempt from s. 286.011 ands. 24(b), Art. I of the State
1235 Constitution. A record shall be made of each exempt portion of a
1236 meeting. Such record must include the times of commencement and
1237 termination, all discussions and proceedings, the names of all
1238 persons present at any time, and the names of all persons
1239 speaking. No exempt portion of a meeting may be held off the
1240 record.
1241 Section 35. Paragraph (b) of subsection (2) of section
1242 440.108, Florida Statutes, is amended to read:
1243 440.108 Investigatory records relating to workers'
1244 compensation employer compliance; confidentiality.-
1245 (2) After an investigation is completed or ceases to be
1246 active, information in records relating to the investigation
1247 remains confidential and exempt from the provisions of s.
1248 119.07(1) ands. 24(a), Art. I of the State Constitution if
1249 disclosure of that information would:
1250 (b) Reveal a trade secret, as defiRed iR s. 688.002;

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1251 Section 36. Paragraph (c) of subsection (1) of section
1252 494.00125, Florida Statutes, is amended to read:
1253 494.00125 Public records exemptions.-
1254 (1) INVESTIGATIONS OR EXAMINATIONS.-
1255 (c) Except as necessary for the office to enforce the
1256 provisions of this chapter, a consumer complaint and other
1257 information relative to an investigation or examination shall
1258 remain confidential and exempt from s. 119.07(1) after the
1259 investigation or examination is completed or ceases to be active
12 60 to the extent disclosure would:
1261 1. Jeopardize the integrity of another active
1262 investigation or examination.
1263 2. Reveal the name, address, telephone number, social
1264 security number, or any other identifying number or information
12 65 of any complainant, customer, or account holder.
1266 3. Disclose the identity of a confidential source.
1267 4. Disclose investigative techniques or procedures.
1268 §. Reveal a trade secret as defiRed iR s. 688.002.
1269 Section 37. Subsection (4) of section 497.172, Florida
1270 Statutes, is amended to read:
1271 497.172 Public records exemptions; public meetings
1272 exemptions.-
1273 (4) TRADE SECRETS. Trade secrets, as defiRed iR s.
1274 688.002, held by the department or board, arc confidential aRd
1275 cncmpt from s. 119.07(1) aRd s. 24(a), Art. I of the State

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1276 Constitution.
1277 Section 38. Paragraph (c) of subsection (3) of section
1278 499.012, Florida Statutes, is amended to read:
1279 499.012 Permit application requirements.-
1280 (3)

1281 (c) Inforfflation submitted by an applicant on an
1282 application required pursuant to this subsection which is a
1283 trade secret, as defined ins. 812.081, shall be maintained by
1284 the department as trade secret information pursuant to s.
1285 499.051(7).
1286 Section 39. Paragraph (b) of subsection (7) of section
1287 499.0121, Florida Statutes, is amended to read:
1288 499.0121 Storage and handling of prescription drugs;
1289 recordkeeping.-The department shall adopt rules to implement
1290 this section as necessary to protect the public health, safety,
1291 and welfare. Such rules shall include, but not be limited to,
1292 requirements for the storage and handling of prescription drugs
1293 and for the establishment and maintenance of prescription drug
1294 distribution records.
1295 (7) PRESCRIPTION DRUG PURCHASE LIST.-
1296 (b) Such portions of the information required pursuant to
1297 this subsection which are a trade secret, as defined ins.
1298 812.081, shall be maintained by the department as trade secret
1299 information is required to be maintained under s. 499.051. This
1300 paragraph is subject to the Open Government Sunset Review Act in

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1301 accordance withs. 119.15 and shall stand repealed on October 2,
1302 2021, unless reviewed and saved from repeal through reenactment
1303 by the Legislature.
1304 Section 40. Paragraph (g) of subsection (1) of section
1305 499.05, Florida Statutes, is amended to read:
1306 499.05 Rules.-
1307 (1) The department shall adopt rules to implement and
1308 enforce this chapter with respect to:
1309 (g) Inspections and investigations conducted under s.
1310 499.051 ors. 499.93, and the identification of information
1311 claimed to be a trade secret and enempt from the public records
1312 law as provided ins. 499.051(7).
1313 Section 41. Paragraph (b) of subsection (7) of section
1314 499.051, Florida Statutes, is amended to read:
1315 499.051 Inspections and investigations.-
1316 (7)

1317 (b) Information that constitutes a trade secret, as
1318 defined ins. 812.081, contained in the complaint or obtained by
1319 the department pursuant to the investigation must remain
1320 confidential and enempt from s. 119.07(1) ands. 24(a), Art. I
1321 of the State Constitution as long as the information is held by
1322 the department. This paragraph is subject to the Open Government
1323 Sunset Review Act in accordance withs. 119.15 and shall stand
1324 repealed on October 2, 2021, unless reviewed and saved from
1325 repeal through reenactment by the Legislature.

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1326 Section 42. Section 499.931, Florida Statutes, is
1327 repealed.
1328 Section 43. Paragraph (d) of subsection (11) of section
1329 501.171, Florida Statutes, is amended to read:
1330 501.171 Security of confidential personal information.-
1331 (11) PUBLIC RECORDS EXEMPTION.-
1332 (d) For purposes of this subsection, the term "proprietary
1333 information" means information that:
1334 1. Is owned or controlled by the covered entity.
1335 2. Is intended to be private and is treated by the covered
1336 entity as private because disclosure would harm the covered
1337 entity or its business operations.
1338 3. Has not been disclosed except as required by law or a
1339 private agreement that provides that the information will not be
1340 released to the public.
1341 4. Is not publicly available or otherwise readily
1342 ascertainable through proper means from another source in the
1343 same configuration as received by the department.
1344 5. Includes+
1345 a. Trade secrets as defined ins. 688.002.
1346 e-.- competitive interests, the disclosure of which would
1347 impair the competitive business of the covered entity who is the
1348 subject of the information.
1349 Section 44. Section 502.222, Florida Statutes, is
1350 repealed.

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1351 Section 45. Paragraph (b) of subsection (1) of section
1352 517.2015, Florida Statutes, is amended to read:
1353 517.2015 Confidentiality of information relating to
1354 investigations and examinations.-
1355 ( 1)

1356 (b) Except as necessary for the office to enforce the
1357 provisions of this chapter, a consumer complaint and other
1358 information relative to an investigation or examination shall
1359 remain confidential and exempt from s. 119.07(1) after the
1360 investigation or examination is completed or ceases to be active
1361 to the extent disclosure would:
1362 1. Jeopardize the integrity of another active
1363 investigation or examination.
1364 2. Reveal the name, address, telephone number, social
1365 security number, or any other identifying number or information
1366 of any complainant, customer, or account holder.
1367 3. Disclose the identity of a confidential source.
1368 4. Disclose investigative techniques or procedures.
1369 5. Reveal a trade secret as defined ins. 688.002.
1370 Section 46. Paragraph (b) of subsection (1) of section
1371 520.9965, Florida Statutes, is amended to read:
1372 520.9965 Confidentiality of information relating to
1373 investigations and examinations.-
1374 ( 1)

1375 (b) Except as necessary for the office to enforce the

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1376 provisions of this chapter, a consumer complaint and other
1377 information relative to an investigation or examination shall
1378 remain confidential and exempt from s. 119.07(1) after the
1379 investigation or examination is completed or ceases to be active
1380 to the extent disclosure would:
1381 1. Jeopardize the integrity of another active
1382 investigation or examination.
1383 2. Reveal the name, address, telephone number, social
1384 security number, or any other identifying number or information
1385 of any complainant, customer, or account holder.
1386 3. Disclose the identity of a confidential source.
1387 4. Disclose investigative techniques or procedures.
1388 5. Reveal a trade secret as defined ins. 688.002.
1389 Section 47. Subsection (2) of section 526.311, Florida
1390 Statutes, is amended to read:
1391 526.311 Enforcement; civil penalties; injunctive relief.-
1392 (2) The Department of Agriculture and Consumer Services
1393 shall investigate any complaints regarding violations of this
1394 act and may request in writing the production of documents and
1395 records as part of its investigation of a complaint. If the
1396 person upon whom such request was made fails to produce the
1397 documents or records within 30 days after the date of the
1398 request, the department, through the department's office of
1399 general counsel, may issue and serve a subpoena to compel the
1400 production of such documents and records. If any person shall

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1401 refuse to comply with a subpoena issued under this section, the
1402 department may petition a court of competent jurisdiction to
1403 enforce the subpoena and assess such sanctions as the court may
1404 direct. Refiners shall afford the department reasonable access
1405 to the refiners' posted terminal price. Any records, documents,
1406 papers, maps, books, tapes, photographs, files, sound
1407 recordings, or other business material, regardless of form or
1408 characteristics, obtained by the department are confidential and
1409 exempt from the provisions of s. 119.07(1) ands. 24(a), Art. I
1410 of the State Constitution while the investigation is pending. At
1411 the conclusion of an investigation, any matter determined by the
1412 department or by a judicial or administrative body, federal or
1413 state, to be a trade secret or proprietary confidential business
1414 information held by the department pursuant to such
1415 investigation shall be considered confidential and exempt from
1416 the provisions of s. 119.07(1) ands. 24(a), Art. I of the State
1417 Constitution. Such materials may be used in any administrative
1418 or judicial proceeding so long as the confidential or
1419 proprietary nature of the material is maintained.
1420 Section 48. Paragraph (e) of subsection (1) of section
1421 548.062, Florida Statutes, is amended to read:
1422 548.062 Public records exemption.-
1423 (1) As used in this section, the term "proprietary
1424 confidential business information" means information that:
1425 (e) Concerns any of the following:

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1426 1. The number of ticket sales for a match;
1427 2. The amount of gross receipts after a match;
1428 3. A trade secret, as defined ins. 688.002;
1429 3.4.- Business plans;
1430 4 • .§-. Internal auditing controls and reports of internal
1431 auditors; or
1432 5.-6-.- Reports of external auditors.
1433 Section 49. Paragraph (a) of subsection (1) of section
1434 556.113, Florida Statutes, is amended to read:
1435 556.113 Sunshine State One-Call of Florida, Inc.; public
1436 records exemption.-
1437 (1) As used in this section, the term "proprietary
1438 confidential business information" means information provided
1439 by:
1440 (a) A member operator which is a map, plan, facility
1441 location diagram, internal damage investigation report or
1442 analysis, or dispatch methodology, or trade secret as defined in
1443 s. 688.002, or which describes the exact location of a utility
1444 underground facility or the protection, repair, or restoration
1445 thereof, and:
1446 1. Is intended to be and is treated by the member operator
1447 as confidential;
1448 2. The disclosure of which would likely be used by a
1449 competitor to harm the business interests of the member operator
1450 or could be used for the purpose of inflicting damage on

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1451 underground facilities; and
1452 3. Is not otherwise readily ascertainable or publicly
1453 available by proper means by other persons from another source
1454 in the same configuration as provided to Sunshine State One-Call
1455 of Florida, Inc.
1456 Section 50. Paragraph (b) of subsection (2) of section
1457 559.5558, Florida Statutes, is amended to read:
1458 559.5558 Public records exemption; investigations and
1459 examinations.-
1460 (2)

1461 (b) Information made confidential and exempt pursuant to
1462 this section is no longer confidential and exempt once the
1463 investigation or examination is completed or ceases to be active
1464 unless disclosure of the information would:
1465 1. Jeopardize the integrity of another active
1466 investigation or examination.
1467 2. Reveal the personal identifying information of a
1468 consumer, unless the consumer is also the complainant. A
1469 complainant's personal identifying information is subject to
1470 disclosure after the investigation or examination is completed
1471 or ceases to be active. However, a complainant's personal
1472 financial and health information remains confidential and
1473 exempt.
1474 3. Reveal the identity of a confidential source.
1475 4. Reveal investigative or examination techniques or

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1476 procedures.
1477 5. Reveal trade seerets, as defined ins. 688.002.
1478 Section 51. Paragraph (c) of subsection (3) of section
1479 559.9285, Florida Statutes, is amended to read:
1480 559.9285 Certification of business activities.-
1481 (3) The department shall specify by rule the form of each
1482 certification under this section which shall include the
1483 following information:
1484 (c) The legal name, any trade names or fictitious names,
1485 mailing address, physical address, telephone number or numbers,
1486 facsimile number or numbers, and all Internet and electronic
1487 contact information of every other commercial entity with which
1488 the certifying party engages in business or commerce that is
1489 related in any way to the certifying party's business or
1490 commerce with any terrorist state. The information disclosed
1491 pursuant to this paragraph does not constitute customer lists
1492 orT customer names, or trade secrets protected under s.
1493 570.544(8) or trade secrets protected under s. 688.01.
1494 Section 52. Subsection (2) of section 560.129, Florida
1495 Statutes, is amended to read:
1496 560.129 Confidentiality.-
1497 (2) All information obtained by the office in the course
1498 of its investigation or examination which is a trade secret, as
1499 defined ins. 688.002, or which is personal financial
1500 information shall remain confidential and exempt from s.

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1501 119.07(1) ands. 24(a), Art. I of the State Constitution. If any
1502 administrative, civil, or criminal proceeding against a money
1503 services business, its authorized vendor, or an affiliated party
1504 is initiated and the office seeks to use matter that a licensee
1505 believes to be a trade secret or personal financial information,
1506 such records shall be subject to an in camera review by the
1507 administrative law judge, if the matter is before the Division
1508 of Administrative Hearings, or a judge of any court of this
1509 state, any other state, or the United States, as appropriate,
1510 for the purpose of determining if the matter is a trade secret
1511 or is personal financial information. If it is determined that
1512 the matter is a trade secret, the matter shall remain
1513 confidential. If it is determined that the matter is personal
1514 financial information, the matter shall remain confidential
1515 unless the administrative law judge or judge determines that, in
1516 the interests of justice, the matter should become public.
1517 Section 53. Subsection (3) of section 570.48, Florida
1518 Statutes, is amended to read:
1519 570.48 Division of Fruit and Vegetables; powers and
1520 duties; records.-The duties of the Division of Fruit and
1521 Vegetables include, but are not limited to:
1522 (3) Maintaining the records of the division. The records
1523 of the division are public records~; however, trade secrets as
1524 defined in s. 812. 081 are confidential and e1cempt from s.
1525 119.07(1) ands. 24(a), Art. I of the State Constitution. This

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1526 subsection is subject to the Open Government Sunset Review Act
1527 in accordance withs. 119.15 and shall stand repealed on October
1528 2, 2021, unless reviewed and saved froffi repeal through
1529 reenactffient by the Legislature. This Section 688.01 may not be
1530 construed to prohibit+
1531 (a) A disclosure necessary to enforcefflent procedures.
1532 (b) The departfflent froffi releasing inforffiation to other
1533 governfflental agencies. Other governffiental agencies that receive
1534 confidential inforfflation froffl the departfflent under this
1535 subsection shall fflaintain the confidentiality of that
1536 inforfflation.
1537 -(-et the department or other agencies from compiling and
1538 publishing appropriate data regarding procedures, yield,
1539 recovery, quality, and related matters, provided such released
1540 data do not reveal by whom the activity to which the data relate
1541 was conducted.
1542 Section 54. Subsection (8) of section 570.544, Florida
1543 Statutes, is amended to read:
1544 570.544 Division of Consumer Services; director; powers;
1545 processing of complaints; records.-
1546 (8) The records of the Division of Consumer Services are
1547 public records. However, customer lists and7 customer names, and
1548 trade secrets are confidential and exempt from the provisions of
1549 s. 119.07(1). Disclosure necessary to enforcement procedures
1550 does not violate this prohibition.

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1551 Section 55. Subsection (2) of section 573.123, Florida
1552 Statutes, is amended to read:
1553 573.123 Maintenance and production of records.-
1554 (2) Information that, if disclosed, would reveal a trade
1555 secret, as defined ins. 812.081, of any person subject to a
1556 marketing order is confidential and enempt from s. 119.07(1) and
1557 s. 24(a), Art. I of the State Constitution and may not be
1558 disclosed encept to an attorney who provides legal advice to the
1559 division about enforcing a marketing order or by court order. A
1560 person who receives confidential information under this
1561 subsection shall maintain the confidentiality of that
1562 information. This subsection is subject to the Open Government
1563 Sunset Review Act in accordance withs. 119.15 and shall stand
1564 repealed on October 2, 2021, unless reviewed and saved from
1565 repeal through reenactment by the Legislature.
1566 Section 56. Section 581.199, Florida Statutes, is
1567 repealed.
1568 Section 57. Paragraph (b) of subsection (8) of section
1569 601.10, Florida Statutes, is amended to read:
1570 601.10 Powers of the Department of Citrus.-The department
1571 shall have and shall exercise such general and specific powers
1572 as are delegated to it by this chapter and other statutes of the
1573 state, which powers shall include, but are not limited to, the
1574 following:
1575 ( 8)

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1576 (b) Any information provided to the department which
1577 constitutes a trade secret as defined ins. 812.081 is
1578 confidential and e>ccmpt from s. 119.07 (1) and s. 24 (a), Art. I
1579 of the State Constitution. This paragraph is subject to the Open
1580 Government Sunset Review Act in accordance withs. 119.15 and
1581 shall stand repealed on October 2, 2021, unless reviewed and
1582 saved from repeal through reenactment by the Legislature.
1583 Section 58. Paragraph (d) of subsection (7) of section
1584 601.15, Florida Statutes, is amended to read:
1585 601.15 Advertising campaign; methods of conducting;
1586 assessments; emergency reserve fund; citrus rcscarch.-
1587 (7) All assessments levied and collected under this
1588 chapter shall be paid into the State Treasury on or before the
1589 15th day of each month. Such moneys shall be accounted for in a
1590 special fund to be designated as the Florida Citrus Advertising
1591 Trust Fund, and all moneys in such fund arc appropriated to the
1592 department for the following purposes:
1593 (d)l. The pro rata portion of moneys allocated to each
1594 type of citrus product in noncommodity programs shall be used by
1595 the department to encourage substantial increases in the
1596 effectiveness, frequency, and volume of noncommodity
1597 advertising, merchandising, publicity, and sales promotion of
1598 such citrus products through rebates and incentive payments to
1599 handlers and trade customers for these activities. The
1600 department shall adopt rules providing for the use of such

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1601 moneys. The rules shall establish alternate incentive programs,
1602 including at least one incentive program for product sold under
1603 advertised brands, one incentive program for product sold under
1604 private label brands, and one incentive program for product sold
1605 in bulk. For each incentive program, the rules must establish
1606 eligibility and performance requirements and must provide
1607 appropriate limitations on amounts payable to a handler or trade
1608 customer for a particular season. Such limitations may relate to
1609 the amount of citrus assessments levied and collected on the
1610 citrus product handled by such handler or trade customer during
1611 a 12-month representative period.
1612 2. The department may require from participants in
1613 noncommodity advertising and promotional programs commercial
1614 information necessary to determine eligibility for and
1615 performance in such programs. Any inforfflation required which
1616 constitutes a trade secret as defined ins. 812.081 is
1617 confidential and enefflpt froffi s. 119.07(1) ands. 24(a), Art. I
1618 of the State Constitution. This subparagraph is subject to the
1619 Open Governffient Sunset Review Act in accordance withs. 119.1§
1620 and shall stand repealed on October 2, 2021, unless reviewed and
1621 saved froffi repeal through reenactffient by the Legislature.
1622 Section 59. Paragraph (c) of subsection (8) of section
1623 601.152, Florida Statutes, is amended to read:
1624 601.152 Special marketing orders.-
1625 ( 8)

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1626 (c)-l--. Every handler shall, at such times as the department
1627 may require, file with the department a return, not under oath,
1628 on forms to be prescribed and furnished by the department,
1629 certified as true and correct, stating the quantity of the type,
1630 variety, and form of citrus fruit or citrus product specified in
1631 the marketing order first handled in the primary channels of
1632 trade in the state by such handler during the period of time
1633 specified in the marketing order. Such returns must contain any
1634 further information deemed by the department to be reasonably
1635 necessary to properly administer or enforce this section or any
1636 marketing order implemented under this section.
1637 2. Information that, if disclosed, would reveal a trade
1638 secret, as defined ins. 812.081, of any person subject to a
1639 marketing order is confidential and ocempt from s. 119. 07 ( 1) and
1640 s. 24(a), ~rt. I of the State Constitution. This subparagraph is
1641 subject to the Open Government Sunset Review Act in accordance
1642 withs. 119.1§ and shall stand repealed on October 2, 2021,
1643 unless reviewed and saved from repeal through reenactment by the
1644 Legislature.
1645 Section 60. Section 601.76, Florida Statutes, is amended
1646 to read:
1647 601.76 Manufacturer to furnish formula and other
1648 information.-Any formula required to be filed with the
1649 Department of Agriculture shall be deeffied a trade secret as
1650 defined ins. 812.081, is confidential and exempt from s.

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1651 119.07(1) ands. 24(a), Art. I of the State Constitution, and
1652 may be divulged only to the Department of Agriculture or to its
1653 duly authorized representatives or upon court order when
1654 necessary in the enforcement of this law. A person who receives
1655 such a formula from the Department of Agriculture under this
1656 section shall maintain the confidentiality of the formula.~
1657 section is subject to the Open Government Sunset Review Act in
1658 accordance withs. 119.15 and shall stand repealed on October 2,
1659 2021, unless reviewed and saved from repeal through reenactment
1660 by the Legislature.
1661 Section 61. Subsection (6) of section 607.0505, Florida
1662 Statutes, is amended to read:
1663 607.0505 Registered agent; duties.-
1664 (6) Information provided to, and records and
1665 transcriptions of testimony obtained by, the Department of Legal
1666 Affairs pursuant to this section are confidential and exempt
1667 from the provisions of s. 119.07(1) while the investigation is
1668 active. For purposes of this section, an investigation shall be
1669 considered "active" while such investigation is being conducted
1670 with a reasonable, good faith belief that it may lead to the
1671 filing of an administrative, civil, or criminal proceeding. An
1672 investigation does not cease to be active so long as the
1673 Department of Legal Affairs is proceeding with reasonable
1674 dispatch and there is a good faith belief that action may be
1675 initiated by the Department of Legal Affairs or other

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167 6 administrative or law enforcement agency. Except for active
1677 criminal intelligence or criminal investigative information, as
1678 defined ins. 119.011, and information which, if disclosed,
1679 would reveal a trade secret, as defined ins. 688.002, or would
1680 jeopardize the safety of an individual, all information,
1681 records, and transcriptions become public record when the
1682 investigation is completed or ceases to be active. The
1683 Department of Legal Affairs shall not disclose confidential
1684 information, records, or transcriptions of testimony except
1685 pursuant to the authorization by the Attorney General in any of
1686 the following circumstances:
1687 (a) To a law enforcement agency participating in or
1688 conducting a civil investigation under chapter 895, or
1689 participating in or conducting a criminal investigation.
1690 (b) In the course of filing, participating in, or
1691 conducting a judicial proceeding instituted pursuant to this
1692 section or chapter 895.
1693 (c) In the course of filing, participating in, or
1694 conducting a judicial proceeding to enforce an order or judgment
1695 entered pursuant to this section or chapter 895.
1696 (d) In the course of a criminal or civil proceeding.
1697
1698 A person or law enforcement agency which receives any
1699 information, record, or transcription of testimony that has been
1700 made confidential by this subsection shall maintain the

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1701 confidentiality of such material and shall not disclose such
1702 information, record, or transcription of testimony except as
1703 provided for herein. Any person who willfully discloses any
1704 information, record, or transcription of testimony that has been
1705 made confidential by this subsection, except as provided for
1706 herein, is guilty of a misdemeanor of the first degree,
1707 punishable as provided ins. 775.082 ors. 775.083. If any
1708 information, record, or testimony obtained pursuant to
1709 subsection (2) is offered in evidence in any judicial
1710 proceeding, the court may, in its discretion, seal that portion
1711 of the record to further the policies of confidentiality set
1712 forth herein.
1713 Section 62. Subsection (6) of section 617.0503, Florida
1714 Statutes, is amended to read:
1715 617.0503 Registered agent; duties; confidentiality of
1716 investigation records.-
1717 (6) Information provided to, and records and
1718 transcriptions of testimony obtained by, the Department of Legal
1719 Affairs pursuant to this section are confidential and exempt
1720 from the provisions of s. 119.07(1) ands. 24(a), Art. I of the
1721 State Constitution while the investigation is active. For
1722 purposes of this section, an investigation shall be considered
1723 "active'' while such investigation is being conducted with a
1724 reasonable, good faith belief that it may lead to the filing of
1725 an administrative, civil, or criminal proceeding. An

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172 6 investigation does not cease to be active so long as the
1727 department is proceeding with reasonable dispatch and there is a
1728 good faith belief that action may be initiated by the department
1729 or other administrative or law enforcement agency. Except for
1730 active criminal intelligence or criminal investigative
1731 information, as defined ins. 119.011, and information which, if
1732 disclosed, would reveal a trade secret, as defined ins.
1733 688.002, or would jeopardize the safety of an individual, all
1734 information, records, and transcriptions become available to the
1735 public when the investigation is completed or ceases to be
1736 active. The department shall not disclose confidential
1737 information, records, or transcriptions of testimony except
1738 pursuant to authorization by the Attorney General in any of the
1739 following circumstances:
1740 (a) To a law enforcement agency participating in or
1741 conducting a civil investigation under chapter 895, or
1742 participating in or conducting a criminal investigation.
1743 (b) In the course of filing, participating in, or
1744 conducting a judicial proceeding instituted pursuant to this
1745 section or chapter 895.
1746 (c) In the course of filing, participating in, or
1747 conducting a judicial proceeding to enforce an order or judgment
1748 entered pursuant to this section or chapter 895.
1749 (d) In the course of a criminal proceeding.
1750

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1751 A person or law enforcement agency that receives any
1752 information, record, or transcription of testimony that has been
1753 made confidential by this subsection shall maintain the
1754 confidentiality of such material and shall not disclose such
1755 information, record, or transcription of testimony except as
1756 provided for herein. Any person who willfully discloses any
1757 information, record, or transcription of testimony that has been
1758 made confidential by this subsection, except as provided for in
1759 this subsection, commits a misdemeanor of the first degree,
1760 punishable as provided ins. 775.082 ors. 775.083. If any
1761 information, record, or testimony obtained pursuant to
1762 subsection (2) is offered in evidence in any judicial
1763 proceeding, the court may, in its discretion, seal that portion
1764 of the record to further the policies of confidentiality set
1765 forth in this subsection.
1766 Section 63. Subsection (4) of section 624.307, Florida
1767 Statutes, is amended to read:
1768 624.307 General powers; duties.-
1769 (4) The department and office may each collect, propose,
1770 publish, and disseminate information relating to the subject
1771 matter of any duties imposed upon it by law. Notwithstanding any
1772 other provision of law, information reported to and collected by
1773 the office may be made available on an aggregate basis. The
1774 office may report, publish, or otherwise make available such
1775 information from all insurers on an aggregate basis by line of

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1776 business and by county, even if marked trade secret pursuant to
1777 s. 688.01, but shall otherwise maintain trade secret
1778 confidentiality in accordance withs. 688.01.
1779 Section 64. Subsection (4) is added to section 624.315,
1780 Florida Statutes, to read:
1781 624.315 Department; annual report.-
1782 (4) Notwithstanding any other provision of law, the office
1783 may make the information in subsection (2) available on an
1784 aggregate basis. The office may include such statistical
1785 information from all insurers on an aggregate basis by line of
1786 business and by county, even if marked trade secret pursuant to
1787 s. 688.01, but shall otherwise maintain trade secret
1788 confidentiality in accordance withs. 688.01.
1789 Section 65. Paragraph (c) of subsection (1) and subsection
1790 (5) of section 624.4212, Florida Statutes, are amended to read:
1791 624.4212 Confidentiality of proprietary business and other
1792 information.-
1793 (1) As used in this section, the term "proprietary
1794 business information'' means information, regardless of form or
1795 characteristics, which is owned or controlled by an insurer, or
1796 a person or an affiliated person who seeks acquisition of
1797 controlling stock in a domestic stock insurer or controlling
1798 company, and which:
1799 (c) Includes:
1800 1. Trade secrets as defined in s. 68 8. 002 which cofflply

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1801 with o. 624.4213.
1802 1.±-.- Information relating to competitive interests, the
1803 disclosure of which would impair the competitive business of the
1804 provider of the information.
1805 2.-3.- The source, nature, and amount of the consideration
1806 used or to be used in carrying out a merger or other acquisition
1807 of control in the ordinary course of business, including the
1808 identity of the lender, if the person filing a statement
1809 regarding consideration so requests.
1810 3.4-.- Information relating to bids or other contractual
1811 data, the disclosure of which would impair the efforts of the
1812 insurer or its affiliates to contract for goods or services on
1813 favorable terms.
1814 4 . .§-. Internal auditing controls and reports of internal
1815 auditors.
1816 (5) The office may disclose information made confidential
1817 and exempt under this section ors. 688.01:
1818 (a) If the insurer to which it pertains gives prior
1819 written consent;
1820 (b) Pursuant to a court order;
1821 (c) To the Actuarial Board for Counseling and Discipline
1822 upon a request stating that the information is for the purpose
1823 of professional disciplinary proceedings and specifying
1824 procedures satisfactory to the office for preserving the
1825 confidentiality of the information;

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1826 (d) To other states, federal and international agencies,
1827 the National Association of Insurance Commissioners and its
1828 affiliates and subsidiaries, and state, federal, and
1829 international law enforcement authorities, including members of
1830 a supervisory college described ins. 628.805 if the recipient
1831 agrees in writing to maintain the confidential and exempt status
1832 of the document, material, or other information and has
1833 certified in writing its legal authority to maintain such
1834 confidentiality; or
1835 (e) For the purpose of aggregating information on an
1836 industrywide basis and disclosing the information to the public
1837 only if the specific identities of the insurers, or persons or
1838 affiliated persons, are not revealed.
1839 Section 66. Section 624.4213, Florida Statutes, is
1840 repealed.
1841 Section 67. Paragraph (d) of subsection (1) of section
1842 626.84195, Florida Statutes, is amended to read:
1843 626.84195 Confidentiality of information supplied by title
1844 insurance agencies and insurers.-
1845 (1) As used in this section, the term "proprietary
1846 business information" means information that:
1847 (d) Concerns:
1848 1. Business plans;
1849 2. Internal auditing controls and reports of internal
1850 auditors;

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1851 3. Reports of external auditors for privately held
1852 companies; or
1853 4. Trade secrets, as defined ins. 688.002; or
1854 4 . .§-. Financial information, including revenue data, loss
1855 expense data, gross receipts, taxes paid, capital investment,
1856 and employee wages.
1857 Section 68. Subsection (2) of section 626.884, Florida
1858 Statutes, is amended to read:
1859 626.884 Maintenance of records by administrator; access;
1860 confidentiality.-
1861 (2) The office shall have access to books and records
1862 maintained by the administrator for the purpose of examination,
1863 audit, and inspection. Information contained in such books and
1864 records is confidential and exempt from the provisions of s.
1865 119.07(1) if the disclosure of such information would reveal a
1866 trade secret as defined ins. 688.002. However, The office may
1867 use such information in any proceeding instituted against the
1868 administrator.
1869 Section 69. Paragraph (a) of subsection (1) of section
1870 626.9936, Florida Statutes, is amended to read:
1871 626.9936 Access to records.-
1872 (1) Notwithstanding subsections (1) and (2) of Article
1873 VIII, subsection (2) of Article X, and subsection (6) of Article
1874 XII of the Interstate Insurance Product Regulation Compact, a
1875 request by a resident of this state for public inspection and

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1876 copying of information, data, or official records that includes+
1877 (a) An insurer's trade secrets shall be referred to the
1878 commissioner who shall respond to the request, with the
1879 cooperation and assistance of the commission, in accordance with
1880 s. 688.01 s. 624.4213; or
1881 Section 70. Paragraph (g) of subsection (3) of section
1882 627.0628, Florida Statutes, is amended to read:
1883 627.0628 Florida Commission on Hurricane Loss Projection
1884 Methodology; public records exemption; public meetings
1885 exemption.-
1886 (3) ADOPTION AND EFFECT OF STANDARDS AND GUIDELINES.-
1887 (g)l. A trade secret, as defined ins. 688.002, which is
1888 used in designing and constructing a hurricane or flood loss
1889 ftlodel and which is provided pursuant to this section, by a
1890 private cofflpany, to the cofflfflission, office, or consuffler advocate
1891 appointed pursuant to s. 627. 0613 is confidential and eJcefflpt
1892 froffl s. 119.07(1) ands. 24(a), Art. I of the State
1893 Constitution.
1894 (g)l.~ That portion of a meeting of the commission or
1895 of a rate proceeding on an insurer's rate filing at which a
1896 trade secret made confidential and exempt pursuant to s. 688.01
1897 by this paragraph is discussed is exempt from s. 286.011 ands.
1898 24(b), Art. I of the State Constitution. The closed meeting must
1899 be recorded, and no portion of the closed meeting may be off the
1900 record.

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1901 2.:&. The recording of a closed portion of a meeting is
1902 exempt from s. 119.07(1) ands. 24(a), Art. I of the State
1903 Constitution.
1904 Section 71. Paragraph (a) of subsection (11) of section
1905 627.3518, Florida Statutes, is amended to read:
1906 627.3518 Citizens Property Insurance Corporation
1907 policyholder eligibility clearinghouse program.-The purpose of
1908 this section is to provide a framework for the corporation to
1909 implement a clearinghouse program by January 1, 2014.
1910 (11) Proprietary business information provided to the
1911 corporation's clearinghouse by insurers with respect to
1912 identifying and selecting risks for an offer of coverage is
1913 confidential and exempt from s. 119.07(1) ands. 24(a), Art. I
1914 of the State Constitution.
1915 (a) As used in this subsection, the term "proprietary
1916 business information" means information, regardless of form or
1917 characteristics, which is owned or controlled by an insurer and:
1918 1. Is identified by the insurer as proprietary business
1919 information and is intended to be and is treated by the insurer
1920 as private in that the disclosure of the information would cause
1921 harm to the insurer, an individual, or the company's business
1922 operations and has not been disclosed unless disclosed pursuant
1923 to a statutory requirement, an order of a court or
1924 administrative body, or a private agreement that provides that
1925 the information will not be released to the public;

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1926 2. Is not otherwise readily ascertainable or publicly
1927 available by proper means by other persons from another source
1928 in the same configuration as provided to the clearinghouse; and
1929 3. Includes+
1930 a. Trade secrets, as defined ins. 688.002.
1931 e. information relating to competitive interests, the
1932 disclosure of which would impair the competitive business of the
1933 provider of the information.
1934
1935 Proprietary business information may be found in underwriting
1936 criteria or instructions which are used to identify and select
1937 risks through the program for an offer of coverage and are
1938 shared with the clearinghouse to facilitate the shopping of
1939 risks with the insurer.
1940 Section 72. Subsections (5) through (14) of section
1941 655.057, Florida Statutes, are renumbered as subsections (4)
1942 through (13), respectively, and present subsections (4), (5),
1943 and (14) are amended to read:
1944 655.057 Records; limited restrictions upon public access.-
1945 (4) Except as otherwise provided in this section and
1946 except for those portions that are otherwise public record,
1947 trade secrets as defined ins. 688.002 which cofflply withs.
1948 655.0591 and which are held by the office in accordance with its
1949 statutory duties with respect to the financial institutions
1950 codes arc confidential and c><Cfflpt froffl s. 119.07(1) ands.

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1951 24(a), Art. I of the State Constitution.
1952 Jil-t§+ Neither this section nor s. 688.01 prevents Eiee-ft
1953 not prevent or restricts restrict:
1954 (a) Publishing reports that are required to be submitted
1955 to the office pursuant to s. 655.045(2) or required by
1956 applicable federal statutes or regulations to be published.
1957 (b) Furnishing records or information to any other state,
1958 federal, or foreign agency responsible for the regulation or
1959 supervision of financial institutions.
1960 (c) Disclosing or publishing summaries of the condition of
1961 financial institutions and general economic and similar
1962 statistics and data, provided that the identity of a particular
1963 financial institution is not disclosed.
1964 (d) Reporting any suspected criminal activity, with
1965 supporting documents and information, to appropriate law
1966 enforcement and prosecutorial agencies.
1967 (e) Furnishing information upon request to the Chief
1968 Financial Officer or the Division of Treasury of the Department
1969 of Financial Services regarding the financial condition of any
1970 financial institution that is, or has applied to be, designated
1971 as a qualified public depository pursuant to chapter 280.
1972 (f) Furnishing information to Federal Home Loan Banks
1973 regarding its member institutions pursuant to an information
1974 sharing agreement between the Federal Home Loan Banks and the
1975 office.

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197 6
1977 Any confidential information or records obtained from the office
1978 pursuant to this subsection shall be maintained as confidential
1979 and exempt from s. 119.07(1) ands. 24(a), Art. I of the State
1980 Constitution.
1981 ~-f-±-4+ Subsections ( 1) , ( 2) , -f-§+,- and ill +9+ are
1982 subject to the Open Government Sunset Review Act in accordance
1983 withs. 119.15 and are repealed on October 2, 2022, unless
1984 reviewed and saved from repeal through reenactment by the
1985 Legislature.
1986 Section 73. Section 655.0591, Florida Statutes, is
1987 repealed.
1988 Section 74. Subsection (11) of section 663.533, Florida
1989 Statutes, is amended to read:
1990 663.533 Applicability of the financial institutions
1991 codes.-A qualified limited service affiliate is subject to the
1992 financial institutions codes. Without limiting the foregoing,
1993 the following provisions are applicable to a qualified limited
1994 service affiliate:
1995 (11) Section 688.01 655.0591, relating to trade secret
1996 documents.
1997
1998 This section does not prohibit the office from investigating or
1999 examining an entity to ensure that it is not in violation of
2000 this chapter or applicable provisions of the financial

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2001 institutions codes.
2002 Section 75. Section 721.071, Florida Statutes, is
2003 repealed.
2004 Section 76. Subsections (3) and (4) of section 815.04,
2005 Florida Statutes, are amended to read:
2006 815.04 Offenses against intellectual property; public
2007 records e}{emption.-
2008 (3) Data, programs, or supporting documentation that is a
2009 trade secret as defined ins. 812.081, that is held by an agency
2010 as defined in chapter 119, and that resides or e}{ists internal
2011 or eMternal to a computer, computer system, computer network, or
2012 electronic device is confidential and elrempt from the provisions
2013 of s. 119.07(1) ands. 24(a), Art. I of the State Constitution.
2014 This subsection is subject to the Open Government Sunset Review
2015 Act in accordance withs. 119.15 and shall stand repealed on
2016 October 2, 2021, unless reviewed and saved from repeal through
2017 reenactment by the Legislature.
2018 Jl.l-t4+ A person who willfully, knowingly, and without
2019 authorization discloses or takes data, programs, or supporting
2020 documentation that is a trade secret as defined ins. 812.081 e f
2021 is confidential as provided by law residing or existing internal
2022 or external to a computer, computer system, computer network, or
2023 electronic device commits an offense against intellectual
2024 property.
2025 Section 77. Section 815.045, Florida Statutes, is

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202 6 repealed.
2027 Section 78. Subsection (2) of section 1004.22, Florida
2028 Statutes, is amended to read:
2029 1004.22 Divisions of sponsored research at state
2030 universities.-
2031 (2) The university shall set such policies to regulate the
2032 activities of the divisions of sponsored research as it may
2033 consider necessary to administer the research programs in a
2034 manner which assures efficiency and effectiveness, producing the
2035 maximum benefit for the educational programs and maximum service
2036 to the state. To this end, materials that relate to methods of
2037 manufacture or production, potential trade secrets, potentially
2038 patentable material, actual trade secrets, as defined ins.
2039 688.01, business transactions, or proprietary information
2040 received, generated, ascertained, or discovered during the
2041 course of research conducted within the state universities shall
2042 be confidential and exempt from the provisions of s. 119.07(1),
2043 except that a division of sponsored research shall make
2044 available upon request the title and description of a research
2045 project, the name of the researcher, and the amount and source
2046 of funding provided for such project.
2047 Section 79. Paragraph (c) of subsection (2) and
2048 subsections (3), (4), and (7) of section 1004.30, Florida
2049 Statutes, are amended to read:
2050 1004.30 University health services support organization;

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2051 confidentiality of information.-
2052 (2) The following university health services support
2053 organization's records and information are confidential and
2054 exempt from the provisions of s. 119.07(1) ands. 24(a), Art. I
2055 of the State Constitution:
2056 (c) Trade secrets, as defined ins. 688.002, including
2057 reimbursement methodologies and rates.
2058 (3) Any portion of a governing board or peer review panel
2059 or committee meeting during which a confidential and exempt
2060 contract, document, record, or marketing plan, or trade secret,
2061 as provided for in subsection (2), or a confidential and exempt
2062 trade secret, as provided for ins. 688.01, is discussed is
2063 exempt from the provisions of s. 286.011 ands. 24(b), Art. I of
2064 the State Constitution.
2065 (4) Those portions of any public record, such as a tape
2066 recording, minutes, and notes, generated during that portion of
2067 a governing board or peer review panel or committee meeting
2068 which is closed to the public pursuant to this section, which
2069 contain information relating to contracts, documents, records,
2070 marl{eting plans, or trade secrets which are made confidential
2071 and e1cempt by this section, are confidential and exempt from the
2072 provisions of s. 119.07(1) ands. 24(a), Art. I of the State
2073 Constitution.
2074 (7) Those portions of any public record, such as a tape
2075 recording, minutes, or notes, generated during that portion of a

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2076 governing board meeting at which negotiations for contracts for
2077 managed-care arrangements occur, are reported on, or are acted
2078 on by the governing board, which record is made confidential and
2079 exempt by subsection (4), shall become public records 2 years
2080 after the termination or completion of the term of the contract
2081 to which such negotiations relate or, if no contract was
2082 executed, 2 years after the termination of the negotiations.
2083 Notwithstanding paragraph (2) (a) and subsection (4), a
2084 university health services support organization must make
2085 available, upon request, the title and general description of a
2086 contract for managed-care arrangements, the names of the
2087 contracting parties, and the duration of the contract term. All
2088 contracts for managed-care arrangements which are made
2089 confidential and exempt by paragraph (2) (a), except those
2090 portions of any contract containing trade secrets which are made
2091 confidential and exempt bys. 688.01 paragraph (2) (c), shall
2092 become public 2 years after the termination or completion of the
2093 term of the contract.
2094 Section 80. Paragraph (b) of subsection (8) of section
2095 1004.43, Florida Statutes, is amended to read:
2096 1004.43 H. Lee Moffitt Cancer Center and Research
2097 Institute.-There is established the H. Lee Moffitt Cancer Center
2098 and Research Institute, a statewide resource for basic and
2099 clinical research and multidisciplinary approaches to patient
2100 care.

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2101 ( 8)

2102 (b) Proprietary confidential business information is
2103 confidential and exempt from the provisions of s. 119.07(1) and
2104 s. 24(a), Art. I of the State Constitution. However, the Auditor
2105 General, the Office of Program Policy Analysis and Government
2106 Accountability, and the Board of Governors, pursuant to their
2107 oversight and auditing functions, must be given access to all
2108 proprietary confidential business information upon request and
2109 without subpoena and must maintain the confidentiality of
2110 information so received. As used in this paragraph, the term
2111 "proprietary confidential business information" means
2112 information, regardless of its form or characteristics, which is
2113 owned or controlled by the not-for-profit corporation or its
2114 subsidiaries; is intended to be and is treated by the not-for-
2115 profit corporation or its subsidiaries as private and the
2116 disclosure of which would harm the business operations of the
2117 not-for-profit corporation or its subsidiaries; has not been
2118 intentionally disclosed by the corporation or its subsidiaries
2119 unless pursuant to law, an order of a court or administrative
2120 body, a legislative proceeding pursuant to s. 5, Art. III of the
2121 State Constitution, or a private agreement that provides that
2122 the information may be released to the public; and which is
2123 information concerning:
2124 1. Internal auditing controls and reports of internal
2125 auditors;

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2126 2. Matters reasonably encompassed in privileged attorney-
2127 client communications;
2128 3. Contracts for managed-care arrangements, including
2129 preferred provider organization contracts, health maintenance
2130 organization contracts, and exclusive provider organization
2131 contracts, and any documents directly relating to the
2132 negotiation, performance, and implementation of any such
2133 contracts for managed-care arrangements;
2134 4. Bids or other contractual data, banking records, and
2135 credit agreements the disclosure of which would impair the
2136 efforts of the not-for-profit corporation or its subsidiaries to
2137 contract for goods or services on favorable terms;
2138 5. Information relating to private contractual data, the
2139 disclosure of which would impair the competitive interest of the
2140 provider of the information;
2141 6. Corporate officer and employee personnel information;
2142 7. Information relating to the proceedings and records of
2143 credentialing panels and committees and of the governing board
2144 of the not-for-profit corporation or its subsidiaries relating
2145 to credentialing;
2146 8. Minutes of meetings of the governing board of the not-
2147 for-profit corporation and its subsidiaries, except minutes of
2148 meetings open to the public pursuant to subsection (9);
2149 9. Information that reveals plans for marketing services
2150 that the corporation or its subsidiaries reasonably expect to be

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2151 provided by competitors;
2152 10. Trade secrets as defined ins. 688.01 s. 688.002,
2153 including:
2154 a. Information relating to methods of manufacture or
2155 production, potential trade secrets, potentially patentable
2156 materials, or proprietary information received, generated,
2157 ascertained, or discovered during the course of research
2158 conducted by the not-for-profit corporation or its subsidiaries;
2159 and
2160 b. Reimbursement methodologies or rates;
2161 11. The identity of donors or prospective donors of
2162 property who wish to remain anonymous or any information
2163 identifying such donors or prospective donors. The anonymity of
2164 these donors or prospective donors must be maintained in the
2165 auditor's report; or
2166 12. Any information received by the not-for-profit
2167 corporation or its subsidiaries from an agency in this or
2168 another state or nation or the Federal Government which is
2169 otherwise exempt or confidential pursuant to the laws of this or
2170 another state or nation or pursuant to federal law.
2171
2172 As used in this paragraph, the term "managed care" means systems
2173 or techniques generally used by third-party payors or their
2174 agents to affect access to and control payment for health care
2175 services. Managed-care techniques most often include one or more

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2176 of the following: prior, concurrent, and retrospective review of
2177 the medical necessity and appropriateness of services or site of
2178 services; contracts with selected health care providers;
2179 financial incentives or disincentives related to the use of
2180 specific providers, services, or service sites; controlled
2181 access to and coordination of services by a case manager; and
2182 payor efforts to identify treatment alternatives and modify
2183 benefit restrictions for high-cost patient care.
2184 Section 81. Paragraph (a) of subsection (2) of section
2185 1004.4472, Florida Statutes, is amended to read:
2186 1004.4472 Florida Institute for Human and Machine
2187 Cognition, Inc.; public records exemption; public meetings
2188 exemption.-
2189 (2) The following information held by the corporation or
2190 its subsidiary is confidential and exempt from s. 119.07(1) and
2191 s. 24(a), Art. I of the State Constitution:
2192 (a) Material relating to methods of manufacture or
2193 production, potential trade secrets, patentable material, actual
2194 trade secrets as defined ins. 688.01 s. 688.002 or proprietary
2195 information received, generated, ascertained, or discovered
2196 during the course of research conducted by or through the
2197 corporation or a subsidiary, and business transactions resulting
2198 from such research.
2199 Section 82. Subsection (2) of section 1004.78, Florida
2200 Statutes, is amended to read:

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2201 1004.78 Technology transfer centers at Florida College
2202 System institutions.-
2203 (2) The Florida College System institution board of
2204 trustees shall set such policies to regulate the activities of
2205 the technology transfer center as it may consider necessary to
2206 effectuate the purposes of this section and to administer the
2207 programs of the center in a manner which assures efficiency and
2208 effectiveness, producing the maximum benefit for the educational
2209 programs and maximum service to the state. To this end,
2210 materials that relate to methods of manufacture or production,
2211 potential trade secrets, potentially patentable material, actual
2212 trade secrets as defined ins. 688.01, business transactions, or
2213 proprietary information received, generated, ascertained, or
2214 discovered during the course of activities conducted within the
2215 Florida College System institutions shall be confidential and
2216 exempt from the provisions of s. 119.07(1), except that a
2217 Florida College System institution shall make available upon
2218 request the title and description of a project, the name of the
2219 investigator, and the amount and source of funding provided for
2220 such project.
2221 Section 83. Section 601.80, Florida Statutes, is amended
2222 to read:
2223 601.80 Unlawful to use uncertified coloring matter.-It is
2224 unlawful for any person to use on oranges or citrus hybrids any
2225 coloring matter which has not first received the approval of the

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2226 Department of Agriculture as provided under s. 601.76.
2227 Section 84. Subsection (11) of section 663.533, Florida
2228 Statutes, is amended to read:
2229 663.533 Applicability of the financial institutions
2230 codes.-A qualified limited service affiliate is subject to the
2231 financial institutions codes. Without limiting the foregoing,
2232 the following provisions are applicable to a qualified limited
2233 service affiliate:
2234 ( 11) Section 655.0591, relating to trade secret documents.
2235
2236 This section does not prohibit the office from investigating or
2237 examining an entity to ensure that it is not in violation of
2238 this chapter or applicable provisions of the financial
2239 institutions codes.
2240 Section 85. Paragraph (c) of subsection (12) of section
2241 721.13, Florida Statutes, is amended to read:
2242 721.13 Management.-
2243 ( 12)
2244 (c) The managing entity shall maintain copies of all
2245 records, data, and information supporting the processes,
2246 analyses, procedures, and methods utilized by the managing
2247 entity in its determination to reserve accommodations of the
2248 timeshare plan pursuant to this subsection for a period of 5
2249 years from the date of such determination. In the event of an
2250 investigation by the division for failure of a managing entity

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2251 to comply with this subsection, the managing entity shall make
2252 all such records, data, and information available to the
2253 division for inspection, provided that if the fflanaging entity
2254 eofflplies with the provisions of s. 721.071, any ouch records,
2255 data, and inforfflation provided to the division shall constitute
2256 a trade secret pursuant to that section.
2257 Section 86. Paragraphs (a) and (c) of subsection (3) of
2258 section 921.0022, Florida Statutes, are amended to read:
2259 921.0022 Criminal Punishment Code; offense severity
2260 ranking chart.-
2261 (3) OFFENSE SEVERITY RANKING CHART
2262 (a) LEVEL 1
2263
Florida Felony
Statute Degree Description
2264
24 .118 (3) (a) 3rd Counterfeit or altered state
lottery ticket.
2265
212.054(2) (b) 3rd Discretionary sales surtax;
limitations, administration,
and collection.
2266
212.15(2) (b) 3rd Failure to remit sales taxes,
amount $1,000 or more but less

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than $20,000.
2267
316.1935(1) 3rd Fleeing or attempting to elude
law enforcement officer.
2268
319.30(5) 3rd Sell, exchange, give away
certificate of title or
identification number plate.
2269
319.35(1) (a) 3rd Tamper, adjust, change, etc.,
an odometer.
2270
320.26(1) (a) 3rd Counterfeit, manufacture, or
sell registration license
plates or validation stickers.
2271
322.212 3rd Possession of forged, stolen,
(1) (a)- (c) counterfeit, or unlawfully
issued driver license;
possession of simulated
identification.
2272
322.212(4) 3rd Supply or aid in supplying
unauthorized driver license or
identification card.

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2273
322. 212 (5) (a) 3rd False application for driver
license or identification card.
2274
414.39(3) (a) 3rd Fraudulent misappropriation of
public assistance funds by
employee/official, value more
than $200.
2275
443.071(1) 3rd False statement or
representation to obtain or
increase reemployment
assistance benefits.
2276
509.151(1) 3rd Defraud an innkeeper, food or
lodging value $1,000 or more.
2277
517.302(1) 3rd Violation of the Florida
Securities and Investor
Protection Act.
2278
713.69 3rd Tenant removes property upon
which lien has accrued, value
$1,000 or more.
2279

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812. 014 (3) (c) 3rd Petit theft (3rd conviction);
theft of any property not
specified in subsection (2).
2280
812.081(2) 3rd Unlawfully makes or causes to
be made a reproduction of a
trade secret.
2281
815.04(4) (a) 3rd Offense against intellectual
815.04 (§) (a) property (i.e., computer
programs, data).
2282
817.52(2) 3rd Hiring with intent to defraud,
motor vehicle services.
2283
817.569(2) 3rd Use of public record or public
records information or
providing false information to
facilitate commission of a
felony.
2284
826.01 3rd Bigamy.
2285
828.122(3) 3rd Fighting or baiting animals.
2286

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831.04(1) 3rd Any erasure, alteration, etc.,
of any replacement deed, map,
plat, or other document listed
ins. 92.28.
2287
831.31(1) (a) 3rd Sell, deliver, or possess
counterfeit controlled
substances, all buts.
893.03(5) drugs.
2288
832.041(1) 3rd Stopping payment with intent to
defraud $150 or more.
2289
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.
2290
838.15(2) 3rd Commercial bribe receiving.
2291
838.16 3rd Commercial bribery.
2292
843.18 3rd Fleeing by boat to elude a law
enforcement officer.

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2293
847.011(1) (a) 3rd Sell, distribute, etc.,
obscene, lewd, etc., material
(2nd conviction).
2294
849.09(1) (a)-(d) 3rd Lottery; set up, promote, etc.,
or assist therein, conduct or
advertise drawing for prizes,
or dispose of property or money
by means of lottery.
2295
849.23 3rd Gambling-related machines;
"common offender" as to
property rights.
2296
849.25(2) 3rd Engaging in bookmaking.
2297
860.08 3rd Interfere with a railroad
signal.
2298
860.13(1) (a) 3rd Operate aircraft while under
the influence.
2299
893.13(2) (a)2. 3rd Purchase of cannabis.
2300

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893.13(6) (a) 3rd Possession of cannabis (more
than 2 0 grams) .
2301
934.03(1) (a) 3rd Intercepts, or procures any
other person to intercept, any
wire or oral communication.
2302
2303 (c) LEVEL 3
2304
Florida Felony
Statute Degree Description
2305
119.10(2) (b) 3rd Unlawful use of confidential
information from police
reports.
2306
316.066 3rd Unlawfully obtaining or using
(3) (b)- (d) confidential crash reports.
2307
316.193(2) (b) 3rd Felony DUI, 3rd conviction.
2308
316.1935(2) 3rd Fleeing or attempting to elude
law enforcement officer in
patrol vehicle with siren and
lights activated.

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2309
319.30(4) 3rd Possession by junkyard of motor
vehicle with identification
number plate removed.
2310
319.33(1) (a) 3rd Alter or forge any certificate
of title to a motor vehicle or
mobile home.
2311
319.33(1) (c) 3rd Procure or pass title on stolen
vehicle.
2312
319.33(4) 3rd With intent to defraud,
possess, sell, etc., a blank,
forged, or unlawfully obtained
title or registration.
2313
327.35(2) (b) 3rd Felony BUI.
2314
328.05(2) 3rd Possess, sell, or counterfeit
fictitious, stolen, or
fraudulent titles or bills of
sale of vessels.
2315
328.07(4) 3rd Manufacture, exchange, or

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possess vessel with counterfeit
or wrong ID number.
2316
376.302(5) 3rd Fraud related to reimbursement
for cleanup expenses under the
Inland Protection Trust Fund.
2317
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.
2318
379.2431 3rd Possessing any marine turtle
( 1) (e) 6. species or hatchling, or parts
thereof, or the nest of any
marine turtle species described
in the Marine Turtle Protection
Act.
2319
379.2431 3rd Soliciting to commit or

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( 1) (e) 7. conspiring to commit a
violation of the Marine Turtle
Protection Act.
2320

400.9935(4) (a) 3rd Operating a clinic, or offering
or (b) services requiring licensure,
without a license.
2321
400.9935(4) (e) 3rd Filing a false license
application or other required
information or failing to
report information.
2322

440.1051(3) 3rd False report of workers'
compensation fraud or
retaliation for making such a
report.
2323

501.001(2) (b) 2nd Tampers with a consumer product
or the container using
materially false/misleading
information.
2324

624.401(4) (a) 3rd Transacting insurance without a
certificate of authority.

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2325
624.401(4) (b)l. 3rd Transacting insurance without a
certificate of authority;
premium collected less than
$20,000.
232 6
626.902(1) (a) & 3rd Representing an unauthorized
(b) insurer.
2327
697.08 3rd Equity skimming.
2328
790.15(3) 3rd Person directs another to
discharge firearm from a
vehicle.
2329
806.10(1) 3rd Maliciously injure, destroy, or
interfere with vehicles or
equipment used in firefighting.
2330
806.10(2) 3rd Interferes with or assaults
firefighter in performance of
duty.
2331
810.09(2) (c) 3rd Trespass on property other than
structure or conveyance armed

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with firearm or dangerous
weapon.
2332
812.014(2) (c)2. 3rd Grand theft; $5,000 or more but
less than $10,000.
2333
812.0145(2) (c) 3rd Theft from person 65 years of
age or older; $300 or more but
less than $10,000.
2334
812.015(8) (b) 3rd Retail theft with intent to
sell; conspires with others.
2335
815.04(4) (b) 2nd Computer offense devised to
815.04(§) (bl defraud or obtain property.
2336
817.034(4) (a)3. 3rd Engages in scheme to defraud
(Florida Communications Fraud
Act), property valued at less
than $20,000.
2337
817.233 3rd Burning to defraud insurer.
2338
817.234 3rd Unlawful solicitation of
(8) (b) & (c) persons involved in motor

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vehicle accidents.
2339
817.234(11) (a) 3rd Insurance fraud; property value
less than $20,000.
2340
817.236 3rd Filing a false motor vehicle
insurance application.
2341
817.2361 3rd Creating, marketing, or
presenting a false or
fraudulent motor vehicle
insurance card.
2342
817.413(2) 3rd Sale of used goods of $1,000 or
more as new.
2343
831.28 (2) (a) 3rd Counterfeiting a payment
instrument with intent to
defraud or possessing a
counterfeit payment instrument
with intent to defraud.
2344
831.29 2nd Possession of instruments for
counterfeiting driver licenses
or identification cards.

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2345
838.021(3) (b) 3rd Threatens unlawful harm to
public servant.
2346
843.19 2nd Injure, disable, or kill
police, fire, or SAR canine or
police horse.
2347
860.15(3) 3rd Overcharging for repairs and
parts.
2348
870.01(2) 3rd Riot; inciting or encouraging.
2349
893.13(1) (a)2. 3rd Sell, manufacture, or deliver
cannabis (or others.
893.0J(l)(c), (2)(c)l.,
(2) (c)2., (2) (c)3., (2) {c)6.,
(2) (c)7., (2) (c)8., (2) (c)9.,
(2) (c) 10., (3), or (4) drugs).
2350
893.13(1) (d)2. 2nd Sell, manufacture, or deliver
s. 893.0J(l)(c), (2)(c)l.,
(2) (c)2., (2) (c)3., (2) (c)6.,
(2) (c)7., (2) (c)8., (2) (c)9.,
( 2) ( c) 10. , ( 3) , or ( 4) drugs

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within 1,000 feet of
university.
2351
893.13(1) (f)2. 2nd Sell, manufacture, or deliver
s. 893.03(1)(c), (2)(c)l.,
(2) (c)2., (2) (c)3., (2) (c)6.,
(2) (c)7., (2) (c)8., (2) (c)9.,
( 2) ( c) 10. , ( 3) , or ( 4) drugs
within 1,000 feet of public
housing facility.
2352
893.13(4) (c) 3rd Use or hire of minor; deliver
to minor other controlled
substances.
2353
893.13(6) (a) 3rd Possession of any controlled
substance other than felony
possession of cannabis.
2354
893.13(7) (a)8. 3rd Withhold information from
practitioner regarding previous
receipt of or prescription for
a controlled substance.
2355
893.13(7) (a)9. 3rd Obtain or attempt to obtain

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controlled substance by fraud,
forgery, misrepresentation,
etc.
2356
893.13(7) (a)lO. 3rd Affix false or forged label to
package of controlled
substance.
2357
893.13(7) (a)ll. 3rd Furnish false or fraudulent
material information on any
document or record required by
chapter 893.
2358
893.13(8) (all. 3rd Knowingly assist a patient,
other person, or owner of an
animal in obtaining a
controlled substance through
deceptive, untrue, or
fraudulent representations in
or related to the
practitioner's practice.
2359
893.13(8) (a)2. 3rd Employ a trick or scheme in the
practitioner's practice to
assist a patient, other person,

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or owner of an animal in
obtaining a controlled
substance.
2360
893.13(8) (a)3. 3rd Knowingly write a prescription
for a controlled substance for
a fictitious person.
2361
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.
2362
918.13(1) (a) 3rd Alter, destroy, or conceal
investigation evidence.
2363
944.47 3rd Introduce contraband to
(l)(a)l. &2. correctional facility.
2364
944.47(1) (c) 2nd Possess contraband while upon
the grounds of a correctional
institution.

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2365
985.721 3rd Escapes from a juvenile
facility (secure detention or
residential commitment
facility) .
2366
2367 Section 87. This act shall take effect upon becoming a law
2368 if HB 799 or similar legislation is adopted in the same
2369 legislative session or an extension thereof and becomes law.

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