Florida Senate - 2021                   (PROPOSED BILL) SPB 7040
       FOR CONSIDERATION By the Committee on Agriculture
       575-02233-21                                          20217040pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 573.123, F.S., which
    4         relates to an exemption from public records
    5         requirements for trade secret information of a person
    6         subject to a marketing order held by the Department of
    7         Agriculture and Consumer Services; removing the
    8         scheduled repeal of the exemption; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 573.123, Florida Statutes, is amended to
   14  read:
   15         573.123 Maintenance and production of records.—
   16         (1) The department may require any and all persons directly
   17  affected by and subject to the provisions of any marketing order
   18  to maintain books and records reflecting their operations under
   19  the marketing order, to furnish to the department or its duly
   20  authorized or designated representative or representatives any
   21  information as may be from time to time requested by them
   22  relating to operations under the marketing order, and to permit
   23  the inspection by the department or its duly authorized or
   24  designated representative or representatives of such portions of
   25  the books and records as relate to operations under the
   26  marketing order.
   27         (2) Information that, if disclosed, would reveal a trade
   28  secret, as defined in s. 812.081, of any person subject to a
   29  marketing order is confidential and exempt from s. 119.07(1) and
   30  s. 24(a), Art. I of the State Constitution and may not be
   31  disclosed except to an attorney who provides legal advice to the
   32  division about enforcing a marketing order or by court order. A
   33  person who receives confidential information under this
   34  subsection shall maintain the confidentiality of that
   35  information. This subsection is subject to the Open Government
   36  Sunset Review Act in accordance with s. 119.15 and shall stand
   37  repealed on October 2, 2021, unless reviewed and saved from
   38  repeal through reenactment by the Legislature.
   39         (3) The department or its duly authorized or designated
   40  representative or representatives may hold hearings, take
   41  testimony, administer oaths, subpoena witnesses, and issue
   42  subpoenas for the production of books, records, or documents
   43  relevant and material to the subject matter of the hearings.
   44         (4) No person shall be excused from attending and
   45  testifying or from producing documentary evidence before the
   46  department, or its duly authorized or designated representative
   47  or representatives, in obedience to the subpoena of the
   48  department on the ground or the reason that the testimony or
   49  evidence, documentary or otherwise, required of the person may
   50  tend to incriminate her or him or subject her or him to a
   51  penalty or forfeiture. But no natural person shall be prosecuted
   52  or subjected to any penalty or forfeiture for or on account of
   53  any transaction, matter, or thing concerning which she or he may
   54  be so required to testify, or to produce evidence, documentary
   55  or otherwise, before the department in obedience to a subpoena
   56  issued, provided no natural person so testifying shall be exempt
   57  from prosecution and punishment for perjury committed in so
   58  testifying.
   59         Section 2. This act shall take effect October 1, 2021.