Senate Bill sb2036c1
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Florida Senate - 2002 CS for SB 2036
By the Committee on Agriculture and Consumer Services; and
Senator Geller
303-1923-02
1 A bill to be entitled
2 An act relating to exemption from public
3 records requirements; amending s. 500.148,
4 F.S.; providing an exemption from public
5 records requirements for records, documents, or
6 information relating to food-borne illness
7 investigations and hazard-analysis and
8 critical-control-point programs, and for trade
9 secrets and commercial or financial information
10 submitted to the United States Food and Drug
11 Administration, interagency or intraagency
12 memoranda or letters of the United States Food
13 and Drug Administration, and specified
14 communications between the United States Food
15 and Drug Administration and state and local
16 government officials deemed exempt from public
17 information requirements under federal law;
18 providing for future review and repeal of the
19 exemption; providing a statement of public
20 necessity; providing an effective date.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Subsection (3) is added to section 500.148,
25 Florida Statutes, to read:
26 500.148 Reports and dissemination of information.--
27 (3) The following records, documents, or information
28 is confidential and exempt from the provisions of s. 119.07(1)
29 and s. 24(a), Art. I of the State Constitution:
30 (a) Records, documents, or information related to
31 food-borne illness investigations.
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Florida Senate - 2002 CS for SB 2036
303-1923-02
1 (b) Records, documents, or information related to
2 hazard-analysis critical-control-point programs as defined in
3 s. 580.031(12) for animal feeds, or similar hazard-analysis
4 critical-control-point records required for processing of
5 food.
6 (c) Trade secrets and commercial or financial
7 information submitted to the United States Food and Drug
8 Administration and deemed exempt from public disclosure under
9 21 C.F.R. 20.61.
10 (d) Interagency or intraagency memoranda or letters of
11 the United States Food and Drug Administration deemed exempt
12 from public disclosure under 21 C.F.R. 20.62.
13 (e) Specified communications between the United States
14 Food and Drug Administration and state and local government
15 officials deemed exempt from public disclosure under 21 C.F.R.
16 20.88.
17 (f) Any records, documents, information, trade
18 secrets, commercial or financial information, memoranda,
19 letters, or communications of the types described in
20 paragraphs (a)-(e) deemed exempt from public disclosure under
21 5 U.S.C. 552(b).
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23 This subsection is subject to the Open Government Sunset
24 Review Act of 1995 in accordance with s. 119.15, and shall
25 stand repealed October 2, 2007, unless reviewed and saved from
26 repeal through reenactment by the Legislature.
27 Section 2. The Legislature finds that the exemption
28 from the public-records law provided in section 1 of this act
29 is a public necessity and that records, documents, or
30 information related to food-borne illness investigations;
31 records, documents, or information related to hazard-analysis
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 2036
303-1923-02
1 critical-control-point programs as defined in section
2 580.03(12), Florida Statutes; and trade secrets and commercial
3 or financial information submitted to the United States Food
4 and Drug Administration, interagency or intraagency memoranda
5 or letters of the United States Food and Drug Administration,
6 and specified communications between the United States Food
7 and Drug Administration and state and local government
8 officials deemed exempt from public disclosure under federal
9 law must be exempt from requirements for public disclosure
10 under the laws of this state. The Legislature finds that these
11 records, plans, and information are vital to protecting the
12 health and safety of the public and are therefore exempt from
13 public disclosure under federal law. Further, if this
14 information were made publicly available for inspection or
15 copying, the information could be used for purposes that could
16 endanger the public's health. Accordingly, the Legislature
17 finds that the harm to the public which would result from the
18 release of such records, plans, and information substantially
19 outweighs any minimal public benefit derived from public
20 disclosure.
21 Section 3. This act shall take effect upon becoming a
22 law.
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Florida Senate - 2002 CS for SB 2036
303-1923-02
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2036
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4 The committee substitute for Senate Bill 2036 differs from the
bill as follows:
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It expands the various sections that were described only by
6 reference in the bill to a regulation or statute. It says
specifically what records or information were exempt under the
7 various regulations or statutes. For example, where the
original bill refers to "records exempt under 21 C.F.R., part
8 20.61," the committee substitute replaces that language with
"Trade secrets and commercial or financial information
9 submitted to the United States Food and Drug Administration
and deemed exempt from public disclosure under 21 C.F.R.
10 20.61."
11 It expands the public necessity statement.
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