1

A bill to be entitled

2

An act relating to a review under the Open Government

3

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

4

exemption from the public-records law provided for certain

5

information provided to the Department of Agriculture and

6

Consumer Services under its regulatory authority; saving

7

the exemption from repeal under the Open Government Sunset

8

Review Act; deleting the provision providing for repeal of

9

the exemption; providing an effective date.

10

11

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

12

13

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

14

read:

15

     500.148  Reports and dissemination of information;

16

confidentiality.--

17

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

18

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

19

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

20

investigation concerning food safety or food illness, as a

21

requirement for conducting a federal-state contract or

22

partnership activity, or for regulatory review, is confidential

23

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

24

Constitution.

25

     (b) Such confidential and exempt information may not be

26

disclosed except under a final determination by the appropriate

27

federal agency that the information is no longer entitled to

28

protection or pursuant to an order of the court.

29

     (c) This section does not prohibit the department from

30

collecting, reporting, or illustrating the results of these

31

investigations.

32

     (2) The department may:

33

     (a) Publish from time to time reports summarizing all

34

judgments and court orders that have been rendered under this

35

chapter, including the nature of the charges and the disposition

36

thereof.

37

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

38

regarding food which that it considers necessary in the interest

39

of public health and the protection of the consumer against

40

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

41

department from collecting, reporting, and illustrating the

42

results of these investigations.

43

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

44

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

45

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

46

food illness investigation, as a requirement for conducting a

47

federal-state contract or partnership activity, or for regulatory

48

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

49

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

50

be disclosed except under a final determination by the

51

appropriate federal agencies that such records are no longer

52

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

53

This section is subject to the Open Government Sunset Review Act

54

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

55

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

56

reenactment by the Legislature.

57

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

58

may issue a report certifying that the requesting food

59

establishment currently complies with the sanitation and

60

permitting requirements of this chapter and the rules adopted

61

promulgated thereunder. Such certification may be requested for

62

the purpose of exporting food to a foreign country.

63

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

64

associated with carrying out the provisions of this subsection,

65

the amount of which shall be set by rule.

66

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