Florida Senate - 2021 (PROPOSED BILL) SPB 7044
FOR CONSIDERATION By the Committee on Agriculture
575-02242-21 20217044pb
1 A bill to be entitled
2 An act relating to a review under the Open Government
3 Sunset Review Act; amending s. 601.15, F.S., which
4 relates to an exemption from public records
5 requirements for the trade secret information of
6 noncommodity advertising and promotional program
7 participants held by the Department of Citrus;
8 deleting the scheduled repeal of the exemption;
9 providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (7) of section 601.15, Florida
14 Statutes, is amended to read:
15 601.15 Advertising campaign; methods of conducting;
16 assessments; emergency reserve fund; citrus research.—
17 (7) All assessments levied and collected under this chapter
18 shall be paid into the State Treasury on or before the 15th day
19 of each month. Such moneys shall be accounted for in a special
20 fund to be designated as the Florida Citrus Advertising Trust
21 Fund, and all moneys in such fund are appropriated to the
22 department for the following purposes:
23 (a) Four percent of all income of a revenue nature
24 deposited in this fund, including transfers from any subsidiary
25 accounts thereof and any interest income, shall be deposited in
26 the General Revenue Fund pursuant to chapter 215.
27 (b) Moneys in the Florida Citrus Advertising Trust Fund
28 shall be expended for the activities authorized by s. 601.13 and
29 for the cost of those general overhead, research and
30 development, maintenance, salaries, professional fees,
31 enforcement costs, and other such expenses that are not related
32 to advertising, merchandising, public relations, trade
33 luncheons, publicity, and other associated activities. The cost
34 of general overhead, maintenance, salaries, professional fees,
35 enforcement costs, and other such expenses that are related to
36 advertising, merchandising, public relations, trade luncheons,
37 publicity, and associated activities shall be paid from the
38 balance of the Florida Citrus Advertising Trust Fund.
39 (c) Moneys in the Florida Citrus Advertising Trust Fund
40 shall also be used by the department for defraying those
41 expenses not included in paragraph (b). After payment of such
42 expenses, the money levied and collected under subsection (3)
43 shall be used exclusively for commodity and noncommodity
44 advertising, merchandising, publicity, or sales promotion of
45 citrus products in both fresh form and processed form, including
46 citrus cattle feed and all other products of citrus fruits,
47 produced in the state, in such equitable manner and proration as
48 the department may determine, but funds expended for commodity
49 advertising thereunder shall be expended through an established
50 advertising agency. A proration of moneys between commodity
51 programs and noncommodity programs and among types of citrus
52 products shall be made on or before November 1 of each shipping
53 season and may not thereafter be modified for that shipping
54 season unless the department finds such action necessary to
55 preserve the economic welfare of the citrus industry.
56 (d)1. The pro rata portion of moneys allocated to each type
57 of citrus product in noncommodity programs shall be used by the
58 department to encourage substantial increases in the
59 effectiveness, frequency, and volume of noncommodity
60 advertising, merchandising, publicity, and sales promotion of
61 such citrus products through rebates and incentive payments to
62 handlers and trade customers for these activities. The
63 department shall adopt rules providing for the use of such
64 moneys. The rules shall establish alternate incentive programs,
65 including at least one incentive program for product sold under
66 advertised brands, one incentive program for product sold under
67 private label brands, and one incentive program for product sold
68 in bulk. For each incentive program, the rules must establish
69 eligibility and performance requirements and must provide
70 appropriate limitations on amounts payable to a handler or trade
71 customer for a particular season. Such limitations may relate to
72 the amount of citrus assessments levied and collected on the
73 citrus product handled by such handler or trade customer during
74 a 12-month representative period.
75 2. The department may require from participants in
76 noncommodity advertising and promotional programs commercial
77 information necessary to determine eligibility for and
78 performance in such programs. Any information required which
79 constitutes a trade secret as defined in s. 812.081 is
80 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
81 of the State Constitution. This subparagraph is subject to the
82 Open Government Sunset Review Act in accordance with s. 119.15
83 and shall stand repealed on October 2, 2021, unless reviewed and
84 saved from repeal through reenactment by the Legislature.
85 Section 2. This act shall take effect October 1, 2021.