Miscellaneous

DEPARTMENT OF HEALTH
Division of Family Health Services
Request For Trade Secret Protection

Notice is hereby given that on September 28, 2009 the Department of Health, requested information from The Edge Worldwide, Inc. 5950 Imperial Lakes Boulevard, Suite 2, Lakeland, FL 33860, regarding licensure authority for republication of electronic media for distribution in the United States. The question was in clarification of the vendor’s qualification to provide its bid for Invitation To Bid (ITB) – 09-016. On September 29, 2009, The Edge Worldwide, Inc. responded to the request and provided the name of its subcontractor as TrackMaster Inc. TrackMaster, Inc. is located at 4701 N. E. 12th Ave., Oakland Park, Florida 33334. In subsequent correspondence, on or about September 30, 2009, TrackMaster, Inc. provided requested information regarding the contractor that provides TrackMaster, Inc. its duplication services for ITB 09-016. That contractor presented its attestation that it possesses a license from Philips US. TrackMaster, Inc. required the information be considered a Trade Secret pursuant to its confirmation of October 2, 2009. Pursuant to Sections 812.081 and 815.045, F.S., and the ruling in Sepro Corporation v. Florida Department of Environmental Protection, 839 So.2d 781, 785 (Fla. 1st DCA 2003) TrackMaster, Inc. considers the name of its supplier for the associated contract to be a “Trade Secret”, of value, for use or in use of the business and of advantage to the business or providing an opportunity to obtain an advantage over those who do not know or use it. As required, TrackMaster, Inc. in its request of October 2, 2009, to the Department has taken measures to prevent the information from being disclosed to persons other than those selected by the owner to have access thereto for limited purposes.

An administrative hearing pursuant to Sections 120.569 and 120.57, Florida Statutes, can be obtained by contacting: Agency Clerk, Department of Health, 4052 Bald Cypress Way, BIN #A02, Tallahassee, FL 32399-1703, Fax: (850)410-1448.

TrackMaster, Inc.’s substantive interests are involved; therefore, they are entitled to be a party-participant in an administrative hearing.

Any person or entity who feels their substantial interests are at stake has 21 days from the date of this notice to file with: Department of Health, Agency Clerk, a request for hearing. Otherwise, a ruling will be made on the record before the Department as to whether the materials sought to be protected constitutes a “trade secret” as statutorily defined.