Florida Senate - 2021 SB 7038 By the Committee on Agriculture 575-02383-21 20217038__ Page 1 of 2 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to a review under the Open Government 2 Sunset Review Act; amending s. 570.48, F.S., which 3 provides an exemption from public records requirements 4 for information related to trade secrets held by the 5 Division of Fruit and Vegetables of the Department of 6 Agriculture and Consumer Services; removing the 7 scheduled repeal of the exemption; providing an 8 effective date. 9 10 Be It Enacted by the Legislature of the State of Florida: 11 12

Section 1. Subsection (3) of

section 570.48, Florida 13 Statutes, is amended to read: 14 570.48 Division of Fruit and Vegetables; powers and duties; 15 records.—The duties of the Division of Fruit and Vegetables 16 include, but are not limited to: 17

(3) Maintaining the records of the division. The records of 18 the division are public records; however, trade secrets as 19 defined in s. 812.081 are confidential and exempt from s. 20 119.07(1) and s. 24(a), Art. I of the State Constitution. This 21 subsection is subject to the Open Government Sunset Review Act 22 in accordance with s. 119.15 and shall stand repealed on October 23 2, 2021, unless reviewed and saved from repeal through 24 reenactment by the Legislature. This

section may not be 25 construed to prohibit: 26 (

a) A disclosure necessary to enforcement procedures. 27 (

b) The department from releasing information to other 28 governmental agencies. Other governmental agencies that receive 29 Florida Senate - 2021 SB 7038 575-02383-21 20217038__ Page 2 of 2 CODING: Words stricken are deletions; words underlined are additions. confidential information from the department under this 30 subsection shall maintain the confidentiality of that 31 information. 32 (

c) The department or other agencies from compiling and 33 publishing appropriate data regarding procedures, yield, 34 recovery, quality, and related matters, provided such released 35 data do not reveal by whom the activity to which the data relate 36 was conducted. 37

Section 2. This act shall take effect October 1, 2021. 38