Senate Bill sb2036
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Florida Senate - 2002 SB 2036
By Senator Geller
29-808-02
1 A bill to be entitled
2 An act relating to public records; amending s.
3 500.148, F.S.; providing an exemption from
4 public-records requirements for information,
5 records, and plans of the Department of
6 Agriculture and Consumer Services concerning
7 food-borne illnesses and hazard analysis and
8 for information that is confidential under
9 federal law; providing for future legislative
10 review and repeal; providing a finding of
11 public necessity; providing an effective date.
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13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 500.148, Florida Statutes, is
16 amended to read:
17 500.148 Reports and dissemination of information.--
18 (1) The department may publish from time to time
19 reports summarizing all judgments and court orders that have
20 been rendered under this chapter, including the nature of the
21 charges and the disposition thereof.
22 (2) The department may also disseminate any
23 information regarding food that it considers necessary in the
24 interest of public health and the protection of the consumer
25 against fraud. Nothing in This section does not shall be
26 construed to prohibit the department from collecting,
27 reporting, and illustrating the results of these
28 investigations.
29 (3) Records, documents, and information concerning an
30 investigation of food-borne illness; plans developed under the
31 Hazard Analysis Critical Control Point (HACCP) system; and
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Florida Senate - 2002 SB 2036
29-808-02
1 information and records that are confidential or exempt from
2 public disclosure under 21 C.F.R. part 20.61, part 20.62, or
3 part 20.88, or 5 U.S.C. s. 552 are confidential and exempt
4 from s. 119.07(1) and s. 24(a), Art. I of the State
5 Constitution. This section is subject to the Open Government
6 Sunset Review Act of 1995 in accordance with s. 119.15, and
7 shall stand repealed on October 2, 2007, unless reviewed and
8 saved from repeal through reenactment by the Legislature.
9 Section 2. The Legislature finds that the exemption
10 from the public-records law provided in section 1 of this act
11 is a public necessity and that information relating to
12 food-borne illnesses, plans concerning hazard analysis, and
13 information relating to public health which information and
14 plans are confidential under federal law must be exempt from
15 requirements for public disclosure. The Legislature finds that
16 these records, plans, and information are vital to protecting
17 the health and safety of the public and that if this
18 information were made publicly available for inspection or
19 copying, the information could be used for purposes that would
20 endanger the public's health. Accordingly, the Legislature
21 finds that the harm to the public which would result from the
22 release of such records, plans, and information substantially
23 outweighs any minimal public benefit derived from public
24 disclosure.
25 Section 3. This act shall take effect upon becoming a
26 law.
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Florida Senate - 2002 SB 2036
29-808-02
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2 SENATE SUMMARY
3 Exempts from the public-records law information, records,
and plans of the Department of Agriculture and Consumer
4 Services concerning food-borne illnesses and hazard
analysis and information that is confidential and exempt
5 from disclosure under federal law. Provides for future
legislative review and repeal under the Open Government
6 Sunset Review Act of 1995.
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