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An act relating to a review under the Open Government

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Sunset Review Act; amending s. 500.148, F.S.; revising an

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exemption from the public-records law provided for certain

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information provided to the Department of Agriculture and

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Consumer Services under its regulatory authority; saving

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the exemption from repeal under the Open Government Sunset

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Review Act; deleting the provision providing for repeal of

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the exemption; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Section 500.148, Florida Statutes, is amended to

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read:

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     500.148  Reports and dissemination of information;

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confidentiality.--

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     (1)(a) Information that is deemed confidential under 21

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C.F.R. part 20.61, part 20.62, or part 20.88, or 5 U.S.C. s.

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552(b), and that is provided to the department during a joint

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investigation concerning food safety or food-borne illness, as a

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requirement for conducting a federal-state contract or

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partnership activity, or for regulatory review, is confidential

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and exempt from s. 119.07(1) and s. 24(a), Art. I of the State

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Constitution.

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     (b) Such confidential and exempt information may not be

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disclosed except under a final determination by the appropriate

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federal agency that the information is no longer entitled to

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protection or pursuant to an order of the court.

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     (c) This section does not prohibit the department from

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collecting, reporting, or illustrating the results of these

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investigations.

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     (2) The department may:

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     (a) Publish from time to time reports summarizing all

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judgments and court orders that have been rendered under this

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chapter, including the nature of the charges and the disposition

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thereof.

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     (b)(2) The department may also Disseminate any information

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regarding food which that it considers necessary in the interest

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of public health and the protection of the consumer against

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fraud. Nothing in this section shall be construed to prohibit the

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department from collecting, reporting, and illustrating the

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results of these investigations.

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     (3) Information deemed confidential under 21 C.F.R. part

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20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and

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which is provided to the department during a joint food safety or

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food illness investigation, as a requirement for conducting a

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federal-state contract or partnership activity, or for regulatory

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review, is confidential and exempt from s. 119.07(1) and s.

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24(a), Art. I of the State Constitution. Such information may not

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be disclosed except under a final determination by the

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appropriate federal agencies that such records are no longer

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entitled to protection, or pursuant to an order of the court.

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This section is subject to the Open Government Sunset Review Act

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of 1995 in accordance with s. 119.15, and shall stand repealed on

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October 2, 2008, unless reviewed and saved from repeal through

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reenactment by the Legislature.

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     (a)(4) Upon request of a food establishment, the department

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may issue a report certifying that the requesting food

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establishment currently complies with the sanitation and

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permitting requirements of this chapter and the rules adopted

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promulgated thereunder. Such certification may be requested for

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the purpose of exporting food to a foreign country.

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     (b) The department may is authorized to recover the cost

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associated with carrying out the provisions of this subsection,

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the amount of which shall be set by rule.

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     Section 2.  This act shall take effect October 1, 2008.