Florida Statute 73.0155 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 73
EMINENT DOMAIN

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F.S. 73.0155

73.0155 Confidentiality; business information provided to a governmental condemning authority.—

(1) The following business information provided by the owner of a business to a governmental condemning authority as part of an offer of business damages under s. 73.015 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the owner requests in writing that the business information be held confidential and exempt:

(a) Federal tax returns or tax information confidential under 26 U.S.C. s. 6103.

(b) State tax returns or tax information confidential under s. 213.053.

(c) Balance sheets, profit-and-loss statements, cash-flow statements, inventory records, or customer lists or number of customers for a business operating on the parcel to be acquired.

(d) A franchise, distributorship, or lease agreement of which the business operating on the parcel to be acquired is the subject.

(e) Materials that relate to methods of manufacture or production, potential trade secrets, patentable material, or actual trade secrets as defined in s. 688.002.

(f) Other proprietary confidential business information related to the business operating on the parcel to be acquired, if the owner attests in writing to the governmental condemning authority that:

1. The information is being relied upon to substantiate a claim for business damages under s. 73.015;

2. The information has not otherwise been publicly disclosed;

3. The information cannot be readily obtained by the public using alternative means;

4. The information is used by the business to protect or further a business advantage over those who do not know or use the information; and

5. The disclosure of the information would injure the business in the marketplace.

(2) An agency as defined in s. 119.011 may inspect and copy the confidential and exempt business information exclusively for the transaction of official business by, or on behalf of, an agency.

(3) This section does not prevent an agency from offering the confidential and exempt business information as evidence in a legal proceeding and does not prevent a court from determining whether to close a portion of a court record from subsequent public disclosure after trial in order to maintain the confidentiality of that information.

(4) Any employee or agent of an agency receiving such confidential and exempt business information who willfully and knowingly violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 1, ch. 99-224; s. 1, ch. 2004-46; s. 1, ch. 2009-234.

F.S. 73.0155 on Google Scholar

F.S. 73.0155 on Casetext

Amendments to 73.0155

Arrestable Offenses / Crimes under Fla. Stat. 73.0155

Level: Degree
Misdemeanor/Felony: First/Second/Third

S73.0155 3 - INVADE PRIVACY - RENUMBERED. SEE REC # 6941 - M: F

S73.0155 4 - INVADE PRIVACY - DISCLOSE CONFID EMINENT DOMAIN BUSINESS INFO - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 73.0155

Total Results: 9

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-04-02

Snippet: , 1976), and holding that s 98.041 (s 1 of Ch. 73-155, Laws of Florida) impliedly repealed a charter

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-10-18

Snippet: permanent single system of voter registration (Ch. 73-155, Laws of Florida) and a municipal charter provision

Town of Indian River Shores v. Richey

Court: Supreme Court of Florida | Date Filed: 1977-06-30

Citation: 348 So. 2d 1, 1977 Fla. LEXIS 3971

Snippet: Chapter 73-155, Laws of Florida, was enacted to amend Section 98.041, Florida Statutes. Chapter 73-155, a

Richey v. Town of Indian River Shores

Court: District Court of Appeal of Florida | Date Filed: 1976-09-24

Citation: 337 So. 2d 410

Snippet: Shores) were not affected by the portion of Chapter 73-155, Laws of Florida (1973), that made mandatory the

Richey v. Town of Indian River Shores

Court: Supreme Court of Florida | Date Filed: 1975-02-12

Citation: 309 So. 2d 543, 1975 Fla. LEXIS 3697

Snippet: which the court interpreted the effect of Chapter 73-155, Laws of Florida, on Chapter 29, 163, Laws of Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-03-26

Snippet: QUESTION 1: Section 98.041, F.S., as amended by Ch. 73-155, Laws of Florida now provides: "A permanent single

Moore v. SCHOOL BD. OF PINELLAS CTY.

Court: District Court of Appeal of Florida | Date Filed: 1974-03-06

Citation: 291 So. 2d 244

Snippet: and Continental Casualty Company, Appellees. No. 73-155. District Court of Appeal of Florida, Second District

Robert A. Sullivan C. Co. v. Wilton Manors Nat. Bk.

Court: District Court of Appeal of Florida | Date Filed: 1974-02-15

Citation: 290 So. 2d 561, 14 U.C.C. Rep. Serv. (West) 745, 1974 Fla. App. LEXIS 8040

Snippet: WILTON MANORS NATIONAL BANK et al., Appellees. No. 73-155. District Court of Appeal of Florida, Fourth District

Adams v. Berkowitz

Court: District Court of Appeal of Florida | Date Filed: 1973-10-02

Citation: 284 So. 2d 478

Snippet: PER CURIAM. Affirmed.