Trade secrets.
Sarasota Code § 2-361
in effectSec. 2-361. - Trade secrets.
(a)
Florida law provides that trade secret information, as defined in F.S. § 812.081(1)(c), is confidential and exempt from public records disclosure.
(b)
Upon receipt of a response to a procurement solicitation, the city will not be aware that a bid, proposal, or other response contains such information. Therefore, bidders, proposers or other persons or entities responding to city solicitations must specifically and clearly identify all portions of their responses which are believed to be a trade secret, as defined by the law, and must, as to each such designation, provide the basis upon which the designated information is a trade secret. The mere designation of an entire submission as "confidential" will be insufficient to comply with this requirement. Absent some unusual justification, a bidder's or proposer's contract price shall not constitute a trade secret.
(c)
While the city will, to the extent possible, cooperate in any court action a bidder, proposer, or responder may bring against any third-party requesting to inspect and copy portions of a response asserted to be a trade secret, if a bidder, proposer or responder fails, prior to the submission of their materials to the city, to specifically and clearly designate information therein as a trade secret and to provide the supporting explanation for the designation, the right to assert the exemption may be lost, and the information may be subject to inspection and copying as otherwise provided for under Florida's Public Records Act.
(d)
In the event any record designated as a trade secret is requested under the act, the procurement official will consult with the city attorney and, if the city attorney agrees with the designation, the city will assert the exemption and redact the relevant materials. If the city attorney disagrees with the designation, the bidder, proposer or responder may file an injunctive or declaratory judgment action and seek such emergency orders as desired to protect the information.
(Ord. No. 26-5588, § 2, 3-2-26)
Source: City of Sarasota, Florida, Code of Ordinances and Zoning Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/sarasota/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTVIFIPUSA_DIV3PRCO_S2-361TRSEFetched: 11/14/2026
