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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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This subsection is subject to the Open Government36 Sunset Review Act in accordance with s. 119.15 and shall stand37 repealed on October 2, 2021, unless reviewed and saved from38 repeal through reenactment by the Legislature.39 (3) The department or its duly authorized or designated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.