Florida Senate - 2021 SB 7046 By the Committee on Agriculture 575-02387-21 20217046__ 1 A bill to be entitled 2 An act relating to a review under the Open Government 3 Sunset Review Act; amending s. 601.152, F.S., which 4 provides an exemption from public records requirements 5 for the trade secret information of a person subject 6 to a marketing order held by the Department of Citrus; 7 removing the scheduled repeal of the exemption; 8 providing an effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12 Section 1. Subsection (8) of section 601.152, Florida 13 Statutes, is amended to read: 14 601.152 Special marketing orders.— 15 (8)(a) Each person who, during the period specified in any 16 marketing order implemented under this section, first handles in 17 the primary channel of trade in the state any citrus fruit or 18 processed citrus product of the type, variety, and form 19 specified in such marketing order shall, for the privilege of so 20 handling such citrus fruit or such citrus product, pay to the 21 department such assessments as are levied and imposed thereon by 22 such marketing order, which funds shall be used by the 23 department to defray the necessary expenses incurred in the 24 formation, issuance, administration, and enforcement of such 25 marketing order and in the conduct of the special marketing 26 campaign or market and product research and development provided 27 for in such marketing order. However, such assessments levied 28 and imposed under this section may not exceed 8 cents per 29 standard-packed box on citrus fruits in fresh form, 1.3 cents 30 per gallon on single strength citrus juices or sections, or 1.3 31 cents per pound of soluble citrus solids on concentrated citrus 32 juices. 33 (b) The department shall prescribe procedures for the 34 assessment and collection of such funds to defray the necessary 35 expenses incurred, or expected to be incurred, by the department 36 in the formation, issuance, administration, and enforcement of 37 any marketing order implemented under this section. 38 (c)1. Every handler shall, at such times as the department 39 may require, file with the department a return, not under oath, 40 on forms to be prescribed and furnished by the department, 41 certified as true and correct, stating the quantity of the type, 42 variety, and form of citrus fruit or citrus product specified in 43 the marketing order first handled in the primary channels of 44 trade in the state by such handler during the period of time 45 specified in the marketing order. Such returns must contain any 46 further information deemed by the department to be reasonably 47 necessary to properly administer or enforce this section or any 48 marketing order implemented under this section. 49 2. Information that, if disclosed, would reveal a trade 50 secret, as defined in s. 812.081, of any person subject to a 51 marketing order is confidential and exempt from s. 119.07(1) and 52 s. 24(a), Art. I of the State Constitution.
This subparagraph is53 subject to the Open Government Sunset Review Act in accordance54 with s. 119.15 and shall stand repealed on October 2, 2021,55 unless reviewed and saved from repeal through reenactment by the56 Legislature.57 (d) All assessments imposed under this section are due and 58 payable and shall be paid by such handlers at such times and in 59 such installments as the commission prescribes in such marketing 60 order, or the amount thereof shall be provided for and 61 guaranteed by giving a surety bond or cash deposit or as the 62 department otherwise prescribes. 63 Section 2. This act shall take effect October 1, 2021.