Rasier-DC, LLC v. B & L Serv., Inc.

• Court: Florida District Court of Appeals
• Writing for the Court: May, J.
• Citation: Rasier-DC, LLC v. B & L Serv., Inc., 237 So.3d 374 (Fla. App. 2018)
• Decision Date: 10 January 2018
• Docket Number: No. 4D16–3070,4D16–3070
• Parties: RASIER–DC, LLC, Appellant, v. B & L SERVICE, INC., a Florida corporation and Broward County, Florida, a Political Subdivision, Appellees.

237 So.3d 374

RASIER–DC, LLC, Appellant,

v.B & L SERVICE, INC., a Florida corporation and Broward County, Florida, a Political Subdivision, Appellees.

No. 4D16–3070

District Court of Appeal of Florida, Fourth District.

[January 10, 2018]

Alyssa M. Reiter and Jordan S. Cohen of Wicker Smith O'Hara McCoy & Ford, P.A., Fort Lauderdale, for appellant.

Daniel L. Wallach and Allen M. Levine of Becker & Poliakoff, P.A., Fort Lauderdale, and Mark J. Stempler of Becker & Poliakoff, P.A., West Palm Beach, for appellees.

May, J.Business competition and a battle between government transparency and entrepreneurial confidentiality lay the foundation for this appeal. Uber, the intervenor in a suit over a public records request, appeals an order that required Broward County to produce redacted reports in response to a broader request for records. Uber argues the trial court erred in granting a rehearing and ordering Broward County to produce redacted Uber reports to Yellow Cab.¹ We disagree and affirm the order.

Uber and Broward County entered into a license agreement governing Uber's services at the airport and Port Everglades. Article 2.6.4 of the agreement addressed Uber's monthly self-reporting requirements. Article 9.4 required Broward County to maintain the confidentiality of Uber's trade secret information and assert its exempt status in response to a public records request.

Uber's monthly reports contained both aggregate and granular data. The aggregate data is the number of pickups and drop-offs at the airport and seaport, "multiplied by the fee in each of those zones." The granular data is information on every pickup and drop-off, including a time stamp, the longitude and latitude, and the first three characters of the driver's license plate which identifies the individual. Uber marked the reports as containing trade secret information, exempt from the Public Records Act.

Yellow Cab made a public records request to Broward County for: "All reports or documents reflecting pick-ups by Rasier–DC, LLC or Uber at the [airport], and the sums of money paid or owing to [the county] for those trips, beginning in October, 2015 and through the present." (Emphasis added). The county responded that any reports marked trade secret would not be disclosed without Uber's authorization, pursuant to the license agreement, and produced a redacted set.

Yellow Cab then filed a complaint against Broward County for violating Florida's Public Records Act, seeking un-redacted monthly reports on Uber's pickups at the airport. Uber then moved to intervene as the owner of the trade secret information and real party in interest. The trial court granted the motion to intervene.

After an evidentiary hearing, the court ordered that Broward County had complied with the public records request and reserved ruling as to whether the requested records were trade secrets. The court later found the information was protected trade secrets and exempt from disclosure under Florida's Public Records Act.

Yellow Cab moved for rehearing, arguing the trial court had overlooked that the request was limited to the amount of money paid to the county and the number of pickups.² The trial court conducted an in camera inspection of the un-redacted documents, and found

that the aggregate number of pick-ups and the sum of money paid by [Uber] to the County as a usage fee at the [airport] does not constitute trade secret information such that it would be exempt from public disclosure. The remaining information in the reports, however, including the longitude and latitude and the specific dates and times of pick-ups and drop-offs, and the first three characters of license plates of [Uber]'s drivers ... does constitute trade secret information that is exempt from public disclosure.

The trial court ordered Broward County to produce the non-exempt information.

On appeal, Uber argues the trial court abused its discretion in granting rehearing and requiring production of the redacted reports. We disagree. The trial court correctly determined, after an in camera review of the documents, "the aggregate number of pick-ups and the sum of money paid by [Uber] to the County as a usage fee at the [airport did] not constitute trade secret information such that it would be exempt from public disclosure."

Florida policy requires "all state, county, and municipal records" to be open for inspection and copying by any person. § 119.01(1), Fla. Stat. (2016). Public custodians must allow a requested record to be inspected and copied by "any person desiring to do so, at any reasonable time, [and] under reasonable conditions." § 119.07(1)(a), Fla. Stat. (2016). The Public Records Act is construed liberally and favors openness. Christy v. Palm Beach Cty. Sheriff's Office , 698 So.2d 1365, 1366 (Fla. 4th DCA 1997).

In a similar case, a federal district court found that Lyft's commissions and revenue from certain products were not trade secrets. Cotter v. Lyft, Inc. , No. 13-cv-04065-VC, 2016 WL 3654454, at *2 (N.D....