Bill Text: FL S1650 | 2012 | Regular Session | Comm Sub

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Bill Title: Public Records/Department of Citrus

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2012-03-09 - Laid on Table, refer to HB 1239 -SJ 1246 [S1650 Detail]

Download: Florida-2012-S1650-Comm_Sub.html

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       Florida Senate - 2012                             CS for SB 1650
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senators Hays and Dean
       
       
       
       585-03096-12                                          20121650c1
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s. 601.10,
    3         F.S.; providing an exemption from public records
    4         requirements for nonpublished reports or data related
    5         to certain studies or research related to citrus
    6         fruit, citrus fruit juices, and the products and
    7         byproducts thereof that is conducted, caused to be
    8         conducted, or funded by the Department of Citrus;
    9         providing for future legislative review and repeal of
   10         the exemption under the Open Government Sunset Review
   11         Act; providing a statement of public necessity;
   12         providing a contingent effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsection (8) of section 601.10, Florida
   17  Statutes, is amended to read:
   18         601.10 Powers of the Department of Citrus.—The Department
   19  of Citrus shall have and shall exercise such general and
   20  specific powers as are delegated to it by this chapter and other
   21  statutes of the state, which powers shall include, but shall not
   22  be confined to, the following:
   23         (8)(a) To prepare and disseminate information of importance
   24  to citrus growers, handlers, shippers, processors, and industry
   25  related and interested persons and organizations, relating to
   26  department of Citrus activities and the production, handling,
   27  shipping, processing, and marketing of citrus fruit and
   28  processed citrus products. Any information that constitutes
   29  which consists of a trade secret as defined in s. 812.081(1)(c)
   30  is confidential and exempt from the provisions of s. 119.07(1),
   31  and shall not be disclosed. For referendum and other notice and
   32  informational purposes, the department of Citrus may prepare and
   33  maintain, from the best available sources, a citrus grower
   34  mailing list. Such list shall be a public record available as
   35  other public records, but it shall not be subject to the purging
   36  provisions of s. 283.55.
   37         (b) Any nonpublished reports or data related to studies or
   38  research conducted, caused to be conducted, or funded by the
   39  department under s. 601.13 is confidential and exempt from s.
   40  119.07(1) and s. 24(a), Art. I of the State Constitution. This
   41  paragraph is subject to the Open Government Sunset Review Act in
   42  accordance with s. 119.15 and shall stand repealed on October 2,
   43  2017, unless reviewed and saved from repeal through reenactment
   44  by the Legislature.
   45         Section 2. The Legislature finds that it is a public
   46  necessity that any nonpublished reports or data related to
   47  studies or research conducted under s. 601.13, Florida Statutes,
   48  be made confidential and exempt from the requirements of s.
   49  119.07(1), Florida Statutes, and s. 24(a), Article I of the
   50  State Constitution. In order to conduct or cause to be conducted
   51  studies or research related to citrus fruit, citrus fruit
   52  juices, and the products and byproducts thereof, the Department
   53  of Citrus must achieve the cooperation of the citrus industry in
   54  the state to obtain access to samples of such citrus fruit,
   55  citrus fruit juices, and the products and byproducts thereof,
   56  trade secrets, and proprietary business information. Unless the
   57  Department of Citrus can assure the citrus industry that any
   58  nonpublished reports or data related to such studies or research
   59  will not be disclosed until the analysis of such data and until
   60  the reports of such studies or research are complete and
   61  approved for publication, a chilling effect will arise that
   62  reduces access by the Department of Citrus to the necessary
   63  samples and information provided by the citrus industry, thereby
   64  undermining the validity and value of such studies and research.
   65  Thus, the Legislature declares that it is a public necessity
   66  that any nonpublished reports or data related to studies or
   67  research conducted under s. 601.13, Florida Statutes, be made
   68  confidential and exempt from the requirements of s. 119.07(1),
   69  Florida Statutes, and s. 24(a), Article I of the State
   70  Constitution.
   71         Section 3. This act shall take effect on the same date that
   72  CS for SB 1648 or similar legislation takes effect, if such
   73  legislation is adopted in the same legislative session or an
   74  extension thereof and becomes law.