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Florida Statute 403.111 - Full Text and Legal Analysis
Florida Statute 403.111 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 403.111 Case Law from Google Scholar Google Search for Amendments to 403.111

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
403.111 Confidential records.
(1) Any information, other than effluent data and those records described in 42 U.S.C. s. 7661a(b)(8), relating to secret processes or secret methods of manufacture or production, or relating to costs of production, profits, or other financial information which is otherwise not public record, which may be required, ascertained, or discovered by inspection or investigation shall be exempt from the provisions of s. 119.07(1), shall not be disclosed in public hearings, and shall be kept confidential by any member, officer, or employee of the department, upon a showing satisfactory to the department that the information should be kept confidential. The person from whom the information is obtained must request that the department keep such information confidential and must inform the department of the basis for the claim of confidentiality. The department shall, subject to notice and opportunity for hearing, determine whether the information requested to be kept confidential should or should not be kept confidential. The department shall determine whether the information submitted should be kept confidential pursuant to the public purpose test as stated in 1s. 119.14(4)(b)3.
(2) Nothing in this section shall be construed to prevent the use of such records in judicial or administrative proceedings when ordered to be produced by appropriate subpoena or by order of the court or an administrative law judge. No such subpoena or order of the court or administrative law judge 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.
(3) Information submitted by or required of permit applicants or permittees pursuant to s. 403.0885 is not subject to the provisions of this section but is subject to the provisions of 40 C.F.R. s. 122.7.
History.s. 12, ch. 67-436; ss. 26, 35, ch. 69-106; s. 6, ch. 74-133; s. 1, ch. 90-74; s. 5, ch. 93-94; s. 77, ch. 93-213; s. 239, ch. 96-406; s. 133, ch. 96-410.
1Note.Repealed by s. 1, ch. 95-217.

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Amendments to 403.111


Annotations, Discussions, Cases:

Cases Citing Statute 403.111

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Sepro Corp. v. Florida Dep't of Env't Prot., 839 So. 2d 781 (Fla. 1st DCA 2003).

Cited 9 times | Published | Florida 1st District Court of Appeal | 2003 WL 291002

...to, the results of any tests performed by the Department or any third-party." After Griffin made its public records request, Sepro's counsel wrote DEP that some of the information Sepro had furnished DEP should be deemed trade secrets. See generally § 403.111(1), Fla....
...nd were entitled to "`trade secret' protection." These filings were not required by law. On appeal, no party has attached any significance to whether DEP actually contracted for these studies, samples or analyses. The complaint invoked sections *783 403.111, 688.002, 812.081 and 815.045, Florida Statutes (2000)....
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E. Cement Corp. v. DEPT. OF ENVIRON., 512 So. 2d 264 (Fla. 1st DCA 1987).

Cited 6 times | Published | Florida 1st District Court of Appeal

...General Portland also propounded an interrogatory to Eastern requesting specific information regarding its dust collector, to which Eastern objected, alleging that the information was a trade secret protected from discovery pursuant to, inter alia, section 403.111, Florida Statutes (1985)....
...rporation's Motion for Protective Order is denied in part. Information, documents, records and testimony relating thereto, which is otherwise shown to be relevant to the resolution of any issues in this proceeding may not be withheld on the basis of Section 403.111, Florida Statutes (1985). Materials made confidential pursuant to Section 403.111, Florida Statutes (1985) shall be released, maintained and handled subject to the conditions and limitations contained in the Protective Order this date. In the protective order issued the same date, the hearing officer directed disclosure of any claimed confidential or trade secret information to the parties and their witnesses, but otherwise barred public disclosure. The pertinent statute, section 403.111, Florida Statutes (1985), provides: Any information, other than effluent data, relating to secret processes, methods of manufacture or production which may be required, ascertained, or discovered by inspection or investigation, shall...

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