Florida Senate - 2021                   (PROPOSED BILL) SPB 7046
       FOR CONSIDERATION By the Committee on Agriculture
       575-02243-21                                          20217046pb
    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.
   10  Be It Enacted by the Legislature of the State of Florida:
   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 is
   53  subject to the Open Government Sunset Review Act in accordance
   54  with s. 119.15 and shall stand repealed on October 2, 2021,
   55  unless reviewed and saved from repeal through reenactment by the
   56  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.