Florida Senate - 2021                                    SB 7038
       
       
        
       By the Committee on Agriculture
       
       
       
       
       
       575-02383-21                                          20217038__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 570.48, F.S., which
    4         provides an exemption from public records requirements
    5         for information related to trade secrets held by the
    6         Division of Fruit and Vegetables of the Department of
    7         Agriculture and Consumer Services; removing the
    8         scheduled repeal of the exemption; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (3) of section 570.48, Florida
   14  Statutes, is amended to read:
   15         570.48 Division of Fruit and Vegetables; powers and duties;
   16  records.—The duties of the Division of Fruit and Vegetables
   17  include, but are not limited to:
   18         (3) Maintaining the records of the division. The records of
   19  the division are public records; however, trade secrets as
   20  defined in s. 812.081 are confidential and exempt from s.
   21  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   22  subsection is subject to the Open Government Sunset Review Act
   23  in accordance with s. 119.15 and shall stand repealed on October
   24  2, 2021, unless reviewed and saved from repeal through
   25  reenactment by the Legislature. This section may not be
   26  construed to prohibit:
   27         (a) A disclosure necessary to enforcement procedures.
   28         (b) The department from releasing information to other
   29  governmental agencies. Other governmental agencies that receive
   30  confidential information from the department under this
   31  subsection shall maintain the confidentiality of that
   32  information.
   33         (c) The department or other agencies from compiling and
   34  publishing appropriate data regarding procedures, yield,
   35  recovery, quality, and related matters, provided such released
   36  data do not reveal by whom the activity to which the data relate
   37  was conducted.
   38         Section 2. This act shall take effect October 1, 2021.