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2014 Informal Opinions Op. Fla. Att'y Gen. 1 (2014)

handle is hein.sag/sagfl0095 and id is 1 raw text is: Advisory Legal Opinion - INFORMAL

Number: INFORMAL
Date: June 20, 2014
Subject: Contracts -- Public Records -- Trade Secrets
Mr. Romualdo C. Marquinez, Jr.
Assistant General Counsel
Florida State College
501 West State Street
Jacksonville, Florida 32202
Dear Mr. Marquinez:
You ask for assistance in determining whether a private vendor may
include non-disclosure language in contracts with Florida public
entities to protect contract terms and pricing from being made public
pursuant to Chapter 119, Florida Statutes. Your question arises in
light of your having asked for contract and pricing information from
other public institutions and having been advised that the information
constitutes a trade secret exempt from public disclosure under
sections 815.045 and 812.081, Florida Statutes.
Regrettably, this office may not comment on the actions of other
public entities, absent a request from the entity involved. The
following general comments regarding trade secrets and the
availability of public information, however, is provided in order to
be of assistance.
The general purpose of Chapter 119, Florida Statutes, is to open
public records to allow Florida's citizens to discover the actions of
their government.[1] The Public Records Act is to be liberally
construed in favor of open government, and exemptions from disclosure
are to be narrowly construed so they are limited to their stated
purpose. [2] Any doubt as to the applicability of a Public Records
exemption should be resolved in favor of disclosure rather than
secrecy. [3]
The Legislature, however, has adopted a number of exemptions relating
to trade secrets. Section 812.081(1) (c), defines Trade secret to
mean:

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