Senate Bill 7026 (2026): Protecting Trade Secrets in Florida’s Public Records Framework

Senate Bill 7026, enacted during Florida’s 2026 legislative session and signed into law on April 23, 2026 (Chapter 2026‑52), represents a significant update to the state’s public records laws. The bill focuses on the treatment of trade secrets held by government agencies and reflects the Legislature’s ongoing balancing of transparency with protection of sensitive business information.

At its core, SB 7026 addresses an issue governed by Florida’s Open Government Sunset Review Act, which requires periodic review of public records exemptions to determine whether they should be retained, modified, or repealed. The specific exemption at issue relates to “trade secrets” held by public agencies—information that derives independent economic value from not being publicly disclosed and is subject to efforts to maintain its confidentiality.

Key Provisions of SB 7026

The primary effect of SB 7026 is to remove the scheduled repeal date of the existing public records exemption for trade secrets. Without legislative action, the exemption would have automatically expired under the sunset review process. By deleting that repeal date, the Legislature effectively made the exemption permanent, preserving confidentiality protections for such information when held by state agencies.

The bill also amends numerous related statutes across Florida law to ensure consistency with this policy choice. These “conforming changes” affect a wide range of sectors, including economic development, healthcare, insurance, transportation, and research-related activities. The breadth of affected statutes underscores how frequently proprietary business information is submitted to government entities in regulatory, licensing, and contracting contexts.

Policy Rationale and Implications

Government agencies regularly receive highly sensitive proprietary data from private entities.. Without adequate protections, businesses could be reluctant to share such information, potentially undermining regulatory oversight, economic development initiatives, and public-private partnerships.

By maintaining the exemption, SB 7026 seeks to encourage transparency in government processes while safeguarding private-sector competitiveness. Agencies can continue to access and use trade secret information to perform their duties, while shielding it from public disclosure that could harm the originating business.

At the same time, the bill highlights an ongoing tension in Florida’s “Sunshine Law” framework. Public records laws are designed to promote accountability and openness, but exemptions—especially those broadly applied across multiple statutes—can limit public access. Critics of such exemptions may argue that they reduce visibility into government decision-making, particularly where proprietary information influences public policy or procurement decisions.

Practical Effects for Agencies and Practitioners

For state agencies, SB 7026 provides clarity and continuity. Agencies that regularly handle confidential business data can rely on stable statutory protection without concern for periodic expiration. It also reinforces the need for careful handling and classification of records to ensure compliance with confidentiality requirements.

For attorneys, planners, and consultants working with government entities, the law underscores the importance of properly identifying and labeling trade secret information when submitting materials to public agencies. Understanding the scope of the exemption is critical in both protecting client interests and responding to public records requests.