SJouthwest L rida
Water Marnagement District
E S T 5060 U.S. HIGHWAY 41, SOUTH BROOKSVILLE, FLORIDA 33512
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
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,
JAdY T. AHERN
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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