The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Regulated Industries
BILL: SPB 7026
INTRODUCER: For consideration by the Regulated Industries Committee
SUBJECT: OGSR/Florida State Boxing Commission
DATE: February 15, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof Pre-meeting
I. Summary:
SPB 7026 amends s. 548.062, F.S., to remove the scheduled repeal of a public records exemption
for proprietary confidential business information provided by a promoter to the Florida State
Boxing Commission (commission) or through an audit of the promoter’s books and records
pursuant to s. 548.06, F.S.
This public records exemption would stand repealed on October 2, 2021, unless it is reenacted by
the Legislature under the Open Government Sunset Review Act. Under the bill, qualified trade
secrets remain confidential and exempt from public disclosure.
The bill is effective October 1, 2021.
II. Present Situation:
Access to Public Records - Generally
The Florida Constitution provides that the public has the right to inspect or copy records made or
received in connection with official governmental business.1 The right to inspect or copy applies
to the official business of any public body, officer, or employee of the state, including all three
branches of state government, local governmental entities, and any person acting on behalf of the
government.2
Additional requirements and exemptions related to public records are found in various statutes
and rules, depending on the branch of government involved. For instance, s. 11.0431, F.S.,
provides public access requirements for legislative records. Relevant exemptions are codified in
s. 11.0431(2)-(3), F.S., and the statutory provisions are adopted in the rules of each house of the
1
FLA. CONST. art. I, s. 24(a).
2
Id.
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legislature.3 Florida Rule of Judicial Administration 2.420 governs public access to judicial
branch records.4 Lastly, chapter 119, F.S., provides requirements for public records held by
executive agencies.
Executive Agency Records – The Public Records Act
Chapter 119, F.S., known as the Public Records Act, provides that all state, county and
municipal records are open for personal inspection and copying by any person, and that
providing access to public records is a duty of each agency.5
A public record includes virtually any document or recording, regardless of its physical form or
how it may be transmitted.6 The Florida Supreme Court has interpreted the statutory definition of
“public record” to include “material prepared in connection with official agency business which
is intended to perpetuate, communicate, or formalize knowledge of some type.”7
The Florida Statutes specify conditions under which public access to public records must be
provided. The Public Records Act guarantees every person’s right to inspect and copy any public
record at any reasonable time, under reasonable conditions, and under supervision by the
custodian of the public record.8 A violation of the Public Records Act may result in civil or
criminal liability.9
The Legislature may exempt public records from public access requirements by passing a
general law by a two-thirds vote of both the House and the Senate.10 The exemption must state
with specificity the public necessity justifying the exemption and must be no broader than
necessary to accomplish the stated purpose of the exemption.11
3
See Rule 1.48, Rules and Manual of the Florida Senate, (2020-2022) and Rule 14.1, Rules of the Florida House of
Representatives, (2020-2022).
4
State v. Wooten, 260 So. 3d 1060 (Fla. 4th DCA 2018).
5
Section 119.01(1), F.S. Section 119.011(2), F.S., defines “agency” as “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 this chapter, 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.”
6
Section 119.011(12), F.S., defines “public record” to mean “all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means
of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency.”
7
Shevin v. Byron, Harless, Schaffer, Reid and Assoc., Inc., 379 So. 2d 633, 640 (Fla. 1980).
8
Section 119.07(1)(a), F.S.
9
Section 119.10, F.S. Public records laws are found throughout the Florida Statutes, as are the penalties for violating those
laws.
10
FLA. CONST. art. I, s. 24(c).
11
Id. See, e.g., Halifax Hosp. Medical Center v. News-Journal Corp., 724 So. 2d 567 (Fla. 1999) (holding that a public
meetings exemption was unconstitutional because the statement of public necessity did not define important terms and did
not justify the breadth of the exemption); Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189
(Fla. 1st DCA 2004) (holding that a statutory provision written to bring another party within an existing public records
exemption is unconstitutional without a public necessity statement).
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General exemptions from the public records requirements are contained in the Public Records
Act.12 Specific exemptions often are placed in the substantive statutes relating to a particular
agency or program.13
When creating a public records exemption, the Legislature may provide that a record is “exempt”
or “confidential and exempt.” Custodians of records designated as “exempt” are not prohibited
from disclosing the record; rather, the exemption means that the custodian cannot be compelled
to disclose the record.14 Custodians of records designated as “confidential and exempt” may not
disclose the record except under circumstances specifically defined by the Legislature.15
Open Government Sunset Review Act
The Open Government Sunset Review Act16 (the act) prescribes a legislative review process for
newly created or substantially amended17 public records or open meetings exemptions, with
specified exceptions.18 It requires the automatic repeal of such exemption on October 2nd of the
fifth year after creation or substantial amendment, unless the Legislature reenacts the
exemption.19
The act provides that a public records or open meetings exemption may be created or maintained
only if it serves an identifiable public purpose and is no broader than is necessary.20
An exemption serves an identifiable purpose if it meets one of the following purposes and the
Legislature finds that the purpose of the exemption outweighs open government policy and
cannot be accomplished without the exemption:
 It allows the state or its political subdivisions to effectively and efficiently administer a
governmental program, and administration would be significantly impaired without the
exemption;21
 It protects sensitive, personal information, the release of which would be defamatory, cause
unwarranted damage to the good name or reputation of the individual, or would jeopardize
the individual’s safety. If this public purpose is cited as the basis of an exemption, however,
only personal identifying information is exempt;22 or
12
See, e.g., s. 119.071(1)(a), F.S. (exempting from public disclosure examination questions and answer sheets of
examinations administered by a governmental agency for the purpose of licensure).
13
See, e.g., s. 213.053(2)(a), F.S. (exempting from public disclosure information contained in tax returns received by the
Department of Revenue).
14
See Williams v. City of Minneola, 575 So. 2d 683, 687 (Fla. 5th DCA 1991).
15
WFTV, Inc. v. The School Board of Seminole, 874 So. 2d 48 (Fla. 5th DCA 2004).
16
Section 119.15, F.S.
17
An exemption is considered to be substantially amended if it is expanded to include more records or information or to
include meetings as well as records. Section 119.15(4)(b), F.S.
18
Section 119.15(2)(a) and (b), F.S., provide that exemptions that are required by federal law or are applicable solely to the
Legislature or the State Court System are not subject to the Open Government Sunset Review Act.
19
Section 119.15(3), F.S.
20
Section 119.15(6)(b), F.S.
21
Section 119.15(6)(b)1., F.S.
22
Section 119.15(6)(b)2., F.S.
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 It protects information of a confidential nature concerning entities, such as trade or business
secrets.23
In examining an exemption, the act directs the Legislature to carefully question the purpose and
necessity of reenacting the exemption. The act requires the Legislature to consider the following
specific questions in such a review:24
 What specific records or meetings are affected by the exemption?
 Whom does the exemption uniquely affect, as opposed to the general public?
 What is the identifiable public purpose or goal of the exemption?
 Can the information contained in the records or discussed in the meeting be readily obtained
by alternative means? If so, how?
 Is the record or meeting protected by another exemption?
 Are there multiple exemptions for the same type of record or meeting that it would be
appropriate to merge?
If the exemption is continued and expanded, then a public necessity statement and a two-thirds
vote for passage are required.25 If the exemption is continued without substantive changes or if
the exemption is continued and narrowed, then a public necessity statement and a two-thirds vote
for passage are not required. If the Legislature allows an exemption to sunset, the previously
exempt records will remain exempt unless provided for by law.26
Trade Secrets Public Records Exemptions
Criminal Prohibition
Section 812.081(2), F.S., prohibits the intentional misappropriation of a trade secret from its
owner, including stealing or embezzling an article representing a trade secret or without authority
making or causing to be made a copy of an article representing a trade secret. A violation is a
felony of the third degree.27
Section 812.081(1)(c), F.S., defines a “trade secret” to mean:
…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:
23
Section 119.15(6)(b)3., F.S.
24
Section 119.15(6)(a), F.S.
25
See generally s. 119.15, F.S.
26
Section 119.15(7), F.S.
27
Section 775.082, F.S., provides that a felony of the third degree is punishable by a term of imprisonment not to exceed five
years. Section 775.083, F.S., provides that a felony of the third degree is punishable by a fine not to exceed $5,000.
BILL: SPB 7026 Page 5
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.
The following sections of the Florida Statutes exempt from public disclosure trade secrets, as
defined by s. 812.081(1)(c), F.S.:
 Section 119.071(1)(f), F.S., exempts from public records requirements in s. 119.07(1), F.S.,
data processing software obtained by an agency under a licensing agreement that prohibits its
disclosure where the software is trade secret, as defined in s. 812.081, F.S., and agency-
produced data processing software that is sensitive.
 Section 125.0104(9)(d), F.S., exempts trade secrets held by a county tourism promotion
agency.
 Section 288.1226(8), F.S., exempts trade secrets relating to projects conducted by the Florida
Tourism Industry Marketing Corporation (Visit Florida).
 Section 331.326, F.S., makes trade secrets held by Space Florida confidential and exempt;
makes portions of meetings in which trade secrets are discussed exempt from open meetings
requirements; recordings of closed meetings are confidential and exempt.28
 Section 365.174, F.S., makes trade secret business information submitted to the E911 Board
or the Technology Program under Department of Management Services 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., make trade secret information reported to
the Department of Environmental Protection pursuant to specified regulations confidential
and exempt.
 Section 499.012(8)(g) and (m), F.S., provides that trade secret information provided to the
Department of Business and Professional Regulation (DBPR) in a prescription drug permit
application is confidential and exempt pursuant to its inspection authority under s. 499.051,
F.S.
 Section 499.0121(7), F.S., provides that trade secret information reported to DBPR in a list
of prescription drug wholesalers is confidential and exempt pursuant to its inspection
authority under s. 499.051, F.S.
28
Records designated as exempt from public record requirements by the Legislature are distinct from those deemed
confidential and exempt. Exempt records 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).
Confidential and exempt records may not be released by the custodian of public records to anyone other than the persons or
entities specifically designated in statute. See Op. Att’y Gen. 85-62 (1985).
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 Section 499.051(7), F.S., makes trade secret information contained in a complaint and
obtained by DBPR during an investigation of a permit holder under the Florida Drug and
Cosmetic Act confidential and exempt.
 Section 499.931, F.S., makes trade secrets related to the regulation of medical gases that are
submitted to DBPR by an applicant or permit holder 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 570.48(3), F.S., makes records containing trade secrets held by DACS Division of
Fruit and Vegetables confidential and exempt.
 Section 573.123(2), F.S., makes records containing trade secrets provided to DACS by
specified persons under a marking order confidential and exempt.
 Section 601.10(8)(a), F.S., makes any information held by the Department of Citrus that
contains trade secrets confidential and exempt.
 Section 601.15(7)(d), F.S., makes trade secret information that is provided by noncommodity
advertising and promotional program participants to Department of Citrus confidential and
exe