Florida Senate - 2021                                    SB 7040
       
       
        
       By the Committee on Agriculture
       
       
       
       
       
       575-02384-21                                          20217040__
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 573.123, F.S., which
    4         provides an exemption from public records requirements
    5         for trade secret information of a person subject to a
    6         marketing order held by the Department of Agriculture
    7         and Consumer Services; removing the scheduled repeal
    8         of the exemption; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 573.123, Florida Statutes, is amended to
   13  read:
   14         573.123 Maintenance and production of records.—
   15         (1) The department may require any and all persons directly
   16  affected by and subject to the provisions of any marketing order
   17  to maintain books and records reflecting their operations under
   18  the marketing order, to furnish to the department or its duly
   19  authorized or designated representative or representatives any
   20  information as may be from time to time requested by them
   21  relating to operations under the marketing order, and to permit
   22  the inspection by the department or its duly authorized or
   23  designated representative or representatives of such portions of
   24  the books and records as relate to operations under the
   25  marketing order.
   26         (2) Information that, if disclosed, would reveal a trade
   27  secret, as defined in s. 812.081, of any person subject to a
   28  marketing order is confidential and exempt from s. 119.07(1) and
   29  s. 24(a), Art. I of the State Constitution and may not be
   30  disclosed except to an attorney who provides legal advice to the
   31  division about enforcing a marketing order or by court order. A
   32  person who receives confidential information under this
   33  subsection shall maintain the confidentiality of that
   34  information. This subsection is subject to the Open Government
   35  Sunset Review Act in accordance with s. 119.15 and shall stand
   36  repealed on October 2, 2021, unless reviewed and saved from
   37  repeal through reenactment by the Legislature.
   38         (3) The department or its duly authorized or designated
   39  representative or representatives may hold hearings, take
   40  testimony, administer oaths, subpoena witnesses, and issue
   41  subpoenas for the production of books, records, or documents
   42  relevant and material to the subject matter of the hearings.
   43         (4) No person shall be excused from attending and
   44  testifying or from producing documentary evidence before the
   45  department, or its duly authorized or designated representative
   46  or representatives, in obedience to the subpoena of the
   47  department on the ground or the reason that the testimony or
   48  evidence, documentary or otherwise, required of the person may
   49  tend to incriminate her or him or subject her or him to a
   50  penalty or forfeiture. But no natural person shall be prosecuted
   51  or subjected to any penalty or forfeiture for or on account of
   52  any transaction, matter, or thing concerning which she or he may
   53  be so required to testify, or to produce evidence, documentary
   54  or otherwise, before the department in obedience to a subpoena
   55  issued, provided no natural person so testifying shall be exempt
   56  from prosecution and punishment for perjury committed in so
   57  testifying.
   58         Section 2. This act shall take effect October 1, 2021.