Florida SB 7026: OGSR/Florida State Boxing Commission

Bill Text

7026 
OGSR/Trade Secret Held by an Agency 
2026-03-18T06:04:52Z 
Amending a provision which provides an exemption from public records requirements for a trade secret held by an agency, etc. 
ENROLLED 
2026 
S 
2026-04-23T00:00:00Z 
GB 
General Bill 
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 ENROLLED 
 2026 Legislature SB 7026 

 20267026er 
 1 
 2 An act relating to a review under the Open Government 
 3 Sunset Review Act; amending s. 119.0715, F.S., which 
 4 provides an exemption from public records requirements 
 5 for a trade secret held by an agency; deleting the 
 6 scheduled repeal of the exemption; amending ss. 
 7 287.137, 288.075, 334.049, 408.185, 409.91196, 
 8 440.108, 497.172, 501.171, 501.1735, 501.2041, 
 9 501.722, 520.9965, 548.062, 559.5558, 569.215, 
 10 627.0628, and 1004.4472, F.S.; conforming provisions 
 11 to changes made by the act; providing an effective 
 12 date. 
 13 
 14 Be It Enacted by the Legislature of the State of Florida: 
 15 
 16 Section 1. Section 119.0715, Florida Statutes, is amended 
 17 to read: 
 18 119.0715 Trade secrets held by an agency.— 
 19 (1) DEFINITION.—“Trade secret” has the same meaning as in 
 20 s. 688.002. 
 21 (2) PUBLIC RECORD EXEMPTION.—A trade secret held by an 
 22 agency is confidential and exempt from s. 119.07(1) and s. 
 23 24(a), Art. I of the State Constitution. 
 24 (3) AGENCY ACCESS.—An agency may disclose a trade secret to 
 25 an officer or employee of another agency or governmental entity 
 26 whose use of the trade secret is within the scope of his or her 
 27 lawful duties and responsibilities. 
 28 (4) LIABILITY.—An agency employee who, while acting in good 
 29 faith and in the performance of his or her duties, releases a 
 30 record containing a trade secret pursuant to this chapter is not 
 31 liable, civilly or criminally, for such release. 
 32 (5) OPEN GOVERNMENT SUNSET REVIEW.—This section is subject 
 33 to the Open Government Sunset Review Act in accordance with s. 
 34 119.15 and shall stand repealed on October 2, 2026, unless 
 35 reviewed and saved from repeal through reenactment by the 
 36 Legislature. 
 37 Section 2. Paragraph (d) of subsection (8) of section 
 38 287.137, Florida Statutes, is amended to read: 
 39 287.137 Antitrust violations; denial or revocation of the 
 40 right to transact business with public entities; denial of 
 41 economic benefits.— 
 42 (8) 
 43 (d) For purposes of this subsection, the term “proprietary 
 44 business information” means information that: 
 45 1. Is owned or controlled by the business; 
 46 2. Is intended to be private and is treated by the business 
 47 as private because disclosure would harm the business or its 
 48 business operations; 
 49 3. Has not been disclosed except as required by law or a 
 50 private agreement that provides that the information will not be 
 51 released to the public; 
 52 4. Is not publicly available or otherwise readily 
 53 ascertainable through proper means from another source in the 
 54 same configuration as received by the Attorney General; and 
 55 5. Includes: 
 56 a. Trade secrets as defined in s. 688.002. 
 57 b. competitive interests, the disclosure of which would 
 58 impair the competitive advantage of the business that is the 
 59 subject of the information. 
 60 Section 3. Paragraph (c) of subsection (1) and subsection 
 61 (3) of section 288.075, Florida Statutes, are amended to read: 
 62 288.075 Confidentiality of records.— 
 63 (1) DEFINITIONS.—As used in this section, the term: 
 64 (c) “Trade secret” has the same meaning as in s. 688.002. 
 65 (3) TRADE SECRETS.—Trade secrets held by an economic 
 66 development agency are confidential and exempt from s. 119.07(1) 
 67 and s. 24(a), Art. I of the State Constitution. 
 68 Section 4. Section 334.049, Florida Statutes, is amended to 
 69 read: 
 70 334.049 Patents, copyrights, trademarks; notice to 
 71 Department of State; confidentiality of trade secrets.— 
 72 (1) Notwithstanding any other provision of law to the 
 73 contrary, the Department of Transportation is authorized, in its 
 74 own name, to: 
 75 (a) Perform all things necessary to secure letters of 
 76 patent, copyrights, and trademarks on any legitimately acquired 
 77 work products, and to enforce its rights therein. 
 78 (b) License, lease, assign, or otherwise give written 
 79 consent to any person, firm, or corporation for the manufacture 
 80 or use of any product protected by patent, copyright, or 
 81 trademark, whether on a royalty basis or for such other 
 82 consideration as the department may deem proper. 
 83 (c) Take any action necessary, including legal action, to 
 84 enforce its rights under any agreement and to protect its 
 85 property rights from improper or unlawful use or infringement. 
 86 (d) Enforce the collection of any payments or other 
 87 obligations due the department for the manufacture or use of any 
 88 product by any other party. 
 89 (e) Sell any product, except where otherwise provided by 
 90 public records l