Title: Pub. Rec./Fracturing Chemical Usage Disclosure Act

Summary: Provides exemption from public records requirements for trade secrets contained within information relating to hydraulic fracturing treatments obtained by DEP's Division of Resource Management in connection with the division's online hydraulic fracturing chemical registry; provides procedures & requirements with respect to the granting of confidential and exempt status; provides for disclosure under specified circumstances; provides for future review & repeal of the exemption; provides statement of public necessity; provides for contingent effect.

Full Text:
An act relating to public records; amending s. 377.45, F.S.; providing an exemption from public records requirements for trade secrets relating to hydraulic fracturing treatments held by the Department of Environmental Protection in connection with the department's online hydraulic fracturing chemical registry; providing procedures and requirements with respect to maintaining the confidentiality of such trade secrets; providing for disclosure under specified circumstances; providing for future legislative review and repeal of the exemption under the Open Government Sunset Review Act; providing a statement of public necessity; providing a contingent effective da te. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (5) of section 377.45, Florida Statutes, as created by HB 71, 2014 Regular Session, is renumbered as subsection (6), and a new subsection (5) is added to that sec tion, to read: 377.45 Hydraulic fracturing chemical registry.-(5)(a) Trade secrets, as defined in s. 812.081(1)(c), relating to hydraulic fracturing treatments held by the department in connection with the online hydraulic fracturing HB 2014 chemical registry,are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the person submitting such trade secret to the department: 1. Requests that the trade secret be kept confidential and exempt; 2. Informs the department of the basis for the claim of the trade secret; and 3. Clearly marks each page of a document or specific portion of a document containing information claimed to be a trade secret as "trade secret." (b) If the department receives a public records request for a document that is marked trade secret under this section, the department must promptly notify the person who submitted the information as a trade secret. The notice must inform such person that the person has days following receipt of such notice to file an action in circuit court seeking a determination whether the document in question contains trade secrets and an order barring public disclosure of the document. If the person files an action within days after receipt of notice of the public rec ords request, the department may not release the documents pending the outcome of the legal action. The failure to file an action within days constitutes a waiver of any claim of confidentiality, and the department shall release the document as requeste d. (c) Confidential and exempt trade secrets may be disclosed: HB 2014 1. To another governmental entity in order for such entity to properly perform its statutory duties and responsibilities; or 2. When relevant in any proceeding under this part. Those involved in any proceeding under this section, including, but not limited to, an administrative law judge, a hearing officer, or a judge or justice, must maintain the confidentiality of any trade secret information revealed at such proceeding. (d) This parag raph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2019, unless reviewed and saved from repeal through reenactment by the Legislature. Section 2. The Legislature finds that it is a public necessity that trade secrets, as defined in s. 812.081(1)(c), Florida Statutes, relating to hydraulic fracturing treatments held by the Department of Environmental Protection in connection with the online hydraulic fracturing chemical registry be made confidential and exempt from s. 119.07(1), Florida Statutes, and s. 24(a), Article I of the State Constitution. Trade secrets must be held confidential and exempt from public records requirements because the disclosure of such information would create an unfair competitive advantage for persons receiving such information, which would adversely impact the service company, chemical supplier, or well owner or operator that provides chemical ingredients for a well or wells on which hydraulic fracturing tr eatments are performed. If such HB 2014 confidential and exempt information regarding trade secrets were released pursuant to a public records request, others would be allowed to take the benefit of the trade secrets without compensation or reimbursement to the se rvice company or chemical supplier or well owner or operator. Section 3. This act shall take effect on the same date that HB or similar legislation takes effect,if such legislation is adopted in the same legislative session or an extension thereo fand becomes law.