The Florida Senate

526.311  Enforcement; civil penalties; injunctive relief.--

(1)  Any person who knowingly violates this act shall be subject to a civil penalty not to exceed $10,000 per violation. Each day that a violation of this act occurs shall be considered a separate violation, but no civil penalty shall exceed $250,000. Any such person shall also be liable for attorney's fees and shall be subject to an action for injunctive relief.

(2)  The Department of Agriculture and Consumer Services shall investigate any complaints regarding violations of this act and may request in writing the production of documents and records as part of its investigation of a complaint. Trade secrets, as defined in s. 812.081, and proprietary confidential business information contained in the documents or records received by the department pursuant to a written request or a Department of Legal Affairs subpoena are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. If the person upon whom such request was made fails to produce the documents or records within 30 days after the date of the request, the Department of Agriculture and Consumer Services may request that the Department of Legal Affairs issue and serve subpoenas to compel the production of such documents and records. If any person shall refuse to comply with a subpoena issued under this section, the Department of Legal Affairs may petition a court of competent jurisdiction to enforce the subpoena and assess such sanctions as the court may direct. Refiners shall afford the Department of Agriculture and Consumer Services reasonable access to the refiners' posted terminal price. After completion of an investigation, the Department of Agriculture and Consumer Services shall give the results of its investigation to the Department of Legal Affairs. The Department of Legal Affairs may then subpoena additional relevant records or testimony if it determines that the Department of Agriculture and Consumer Services' investigation shows a violation has likely occurred. Any records, documents, papers, maps, books, tapes, photographs, files, sound recordings, or other business material, regardless of form or characteristics, obtained by a Department of Legal Affairs subpoena are confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution while the investigation is pending. At the conclusion of an investigation, any matter determined by the Department of Legal Affairs or by a judicial or administrative body, federal or state, to be a trade secret or proprietary confidential business information held by the department pursuant to such investigation shall be considered confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. Such materials may be used in any administrative or judicial proceeding so long as the confidential or proprietary nature of the material is maintained.

(3)  The civil penalty imposed under this section may be assessed and recovered in a civil action brought by the Department of Legal Affairs in any court of competent jurisdiction. If the Department of Legal Affairs prevails in a civil action, the court may award it reasonable attorneys' fees as it deems appropriate. All funds recovered by the Department of Legal Affairs shall be shared equally between the Department of Legal Affairs Trust Fund and the General Inspection Trust Fund.

History.--s. 10, ch. 85-74; s. 3, ch. 87-158; s. 39, ch. 91-220; s. 5, ch. 91-247; s. 1, ch. 95-124; s. 339, ch. 96-406.