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Florida Trade Secrets: What you need to know

Governing Law and Regulations

General:

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Confidential records: 29 Florida Statutes (FS) 403.111

Trade secrets: FS 403.73

Permits:

Construction permits: FAC 62-4.210

Hazardous waste: Florida Administrative Code (FAC) 62-730.100, FS 403.73, and FS 403.111

Water management:

Wastewater facilities: FAC 62-620.302, FS 403.0885, and FS 403.111

Pretreatment: FAC 62-625.800

Pesticides: FS 487 and FAC 5E-2.031

Regulatory Agencies

Florida Department of Environmental Protection (DEP)

Florida Department of Agriculture and Consumer Services (FDACS)

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. As a general rule, Florida considers information that is submitted to the Florida Department of Environmental Protection (DEP) as an official submission (permit application, reporting form, etc.) is available to the general public. However, companies may protect certain confidential business information on the grounds that it constitutes a trade secret. Some information may never be treated as a trade secret.

All or part of an environmental audit may be protected under attorney-client privilege laws. The attorney-client privilege applies to the confidential communication made by a client to his or her attorney acting as a legal advisor and made for the purpose of obtaining legal advice on some right or obligation. The purpose of the privilege is to allow a client to confide in his or her attorney secure in the knowledge that the communication will not be disclosed. For additional information on attorney-client privilege claims, see the national section AUDITS.

Administration and enforcement. The various state agencies ...


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State Requirements

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Florida Trade Secrets Resources

Trade Secrets Products

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Free Special Reports
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This special report contains a recordkeeping checklist to help you keep track of your records for major environmental laws and OSHA’s Hazard Communication Standard.

Also included are 3 useful tables which provide:
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