HB 7055

1
A bill to be entitled
2An act relating to a review under the Open Government
3Sunset Review Act regarding food safety or food-borne
4illness investigations; amending s. 500.148, F.S.;
5reorganizing the exemption; removing the scheduled repeal
6of the exemption; providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Section 500.148, Florida Statutes, is amended
11to read:
12     500.148  Reports and dissemination of information;
13confidentiality.--
14     (1)(a)  Information deemed confidential under 21 C.F.R.
15part 20.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b),
16and which is provided to the department during a joint food
17safety or food-borne illness investigation, as a requirement for
18conducting a federal-state contract or partnership activity, or
19for regulatory review, is confidential and exempt from s.
20119.07(1) and s. 24(a), Art. I of the State Constitution.
21     (b)  Such confidential and exempt information may not be
22disclosed except under a final determination by the appropriate
23federal agency that the information is no longer entitled to
24protection or pursuant to an order of the court.
25     (c)  Nothing in this section shall be construed to prohibit
26the department from collecting, reporting, and illustrating the
27results of these investigations.
28     (2)  The department may:
29     (a)  Publish from time to time reports summarizing all
30judgments and court orders that have been rendered under this
31chapter, including the nature of the charges and the disposition
32thereof.
33     (b)(2)  The department may also Disseminate any information
34regarding food that it considers necessary in the interest of
35public health and the protection of the consumer against fraud.
36Nothing in this section shall be construed to prohibit the
37department from collecting, reporting, and illustrating the
38results of these investigations.
39     (3)  Information deemed confidential under 21 C.F.R. part
4020.61, part 20.62, or part 20.88, or 5 U.S.C. s. 552(b), and
41which is provided to the department during a joint food safety
42or food illness investigation, as a requirement for conducting a
43federal-state contract or partnership activity, or for
44regulatory review, is confidential and exempt from s. 119.07(1)
45and s. 24(a), Art. I of the State Constitution. Such information
46may not be disclosed except under a final determination by the
47appropriate federal agencies that such records are no longer
48entitled to protection, or pursuant to an order of the court.
49This section is subject to the Open Government Sunset Review Act
50of 1995 in accordance with s. 119.15, and shall stand repealed
51on October 2, 2008, unless reviewed and saved from repeal
52through reenactment by the Legislature.
53     (a)(4)  Upon request of a food establishment, the
54department may issue a report certifying that the requesting
55food establishment currently complies with the sanitation and
56permitting requirements of this chapter and the rules
57promulgated thereunder. Such certification may be requested for
58the purpose of exporting food to a foreign country.
59     (b)  The department is authorized to recover the cost
60associated with carrying out the provisions of this subsection,
61the amount of which shall be set by rule.
62     Section 2.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.