Florida Senate - 2021 SB By the Committee on Agriculture 575-02384-21 20217040__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled

An act relating to a review under the Open Government Sunset Review Act; amending s. 573.123, F.S., which provides an exemption from public records requirements for trade secret information of a person subject to a marketing order held by the Department of Agriculture and Consumer Services; removing the scheduled repeal of the exemption; providing an effective date. 8

Be It Enacted by the Legislature of the State of Florida: 10

Section

Section 573.123, Florida Statutes, is amended to read: 13 573.123 Maintenance and production of records.— 14

(1) The department may require any and all persons directly affected by and subject to the provisions of any marketing order to maintain books and records reflecting their operations under the marketing order, to furnish to the department or its duly authorized or designated representative or representatives any information as may be from time to time requested by them relating to operations under the marketing order, and to permit the inspection by the department or its duly authorized or designated representative or representatives of such portions of the books and records as relate to operations under the marketing order. 25

(2) Information that, if disclosed, would reveal a trade secret, as defined in s. 812.081, of any person subject to a marketing order is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be Florida Senate - 2021 SB 7040 575-02384-21 20217040__ CODING: Words stricken are deletions; words underlined are additions. disclosed except to an attorney who provides legal advice to the division about enforcing a marketing order or by court order. A person who receives confidential information under this subsection shall maintain the confidentiality of that information.

This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, unless reviewed and saved from repeal through reenactment by the Legislature. 37

(3) The department or its duly authorized or designated representative or representatives may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production of books, records, or documents relevant and material to the subject matter of the hearings. 42

(4) No person shall be excused from attending and testifying or from producing documentary evidence before the department, or its duly authorized or designated representative or representatives, in obedience to the subpoena of the department on the ground or the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate her or him or subject her or him to a penalty or forfeiture.

But no natural person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which she or he may be so required to testify, or to produce evidence, documentary or otherwise, before the department in obedience to a subpoena issued, provided no natural person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying. 57

Section 2. This act shall take effect October 1, 2021. 58