Title: Letter re Proposed Legislation on Providing Confidentiality
Full Citation
Permanent Link: http://ufdc.ufl.edu/UF00051564/00001
 Material Information
Title: Letter re Proposed Legislation on Providing Confidentiality
Alternate Title: Letter re Proposed Legislation on Providing Confidentiality of Information Associated with Applications for Permits Under Parts II, III and IV of Water Resources Act of 1972 with draft attached.
Physical Description: 2p.
Language: English
Publication Date: Feb. 4, 1977
Spatial Coverage: North America -- United States of America -- Florida
General Note: Box 3, Folder 3D ( LEGISLATION - BOX 3, FOLDER 3 ), Item 184
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: UF00051564
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

SJouthwest L rida
Water Marnagement District
196 1 PHONE (904) 796-7211

GE DERRILL McATEER, Chairman, Brooksville THOMAS VAN DER VEER, Secretary, Yankeetown RONALD B. LAMBERT, Wauchula
J. R. GRAW, Vice Chairman, Ocala S.C. BEXLEY, JR., Land O'Lakes ROBERT MARTINEZ, Tampa
JOE E. HILL, Treasurer, Leesburg N. BROOKS JOHNS, Lakeland LEWIS H. HOMER, Clearwater
Donald R. Feasler, Executive Director
February 4, 1977

FEB 8 1977

L. M. Blain, Esquire l-' j .. L .
P. 0. Box 1363
Tampa, Florida 33601

Re: Proposed Legislation on Providing Confidentiality of
Information Associated with Applications for Permits
Under Parts II, III and IV of Water Resources Act of 1972

Dear Buddy:

Recently the staff inquired of me concerning whether confidentiality
could be maintained of data submitted under application which is of
an experimental nature. It was felt by the applicant that if the
experiment provided feasible, the competitors could find out and use
it without paying for it.

I noticed that Section 403.111, F.S., provides for the Department of
Environmental Regulation to maintain some form of confidentiality of
information and data submitted to it. This same type of statutory
provision could be enacted for the same purposes under Chapter 373,

Enclosed is a draft of the law that could be enacted. I realize the
law will have to be placed in the legislative format for such type of
bills, however, I would like your review and comments on the matter.

Very truly yours,

Staff Attorney



cc: Mr. D. N. Gomberg

An Act relating to water resources Chapter 373, Florida Statutes,

providing for the confidentiality of data and records associated with

applications for permits under Parts II, III and IV of the Florida Resources

Act of 1972, and providing for an effective date.

Be It Enacted by the Legislature of the State of Florida

Section 1, Chapter 373.127 is created to read:

All information, other than the quantity and use of the water with-

drawn, relating to secret processes, methods of processing or production

which may be required, ascertained or discovered by inspection or investi-

gation, shall not be disclosed in any public hearing required under this

Chapter and shall be kept confidential by any member, officer or employee

of the District. Provided that nothing herein shall be construed to

prevent the use of such records in judicial proceedings in connection with

the prosecution of violations of this act, when ordered to be produced by

appropriate subpoena or by order of the court. No such subpoena or order

of the court shall abridge or alter the rights or remedies of persons

affected in the protection of trade secrets or secret processes, in the

manner provided by law, and such persons affected may take any and all steps

available by law to protect such trade secrets or processes.

Section 2. This act shall take effect upon becoming a law.

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