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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: