Florida Senate - 2021 SB By the Committee on Agriculture 575-02387-21 20217046__ 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. 601.152, F.S., which provides an exemption from public records requirements for the trade secret information of a person subject to a marketing order held by the Department of Citrus; 6 removing the scheduled repeal of the exemption; 7 providing an effective date. 8

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

Section 1. Subsection (8) of

section 601.152, Florida Statutes, is amended to read: 13 601.152 Special marketing orders.— 14 (8)(

a) Each person who, during the period specified in any marketing order implemented under this section, first handles in the primary channel of trade in the state any citrus fruit or processed citrus product of the type, variety, and form specified in such marketing order shall, for the privilege of so handling such citrus fruit or such citrus product, pay to the department such assessments as are levied and imposed thereon by such marketing order, which funds shall be used by the department to defray the necessary expenses incurred in the formation, issuance, administration, and enforcement of such marketing order and in the conduct of the special marketing campaign or market and product research and development provided for in such marketing order.

However, such assessments levied and imposed under this

section may not exceed cents per standard-packed box on citrus fruits in fresh form, 1.3 cents Florida Senate - 2021 SB 7046 575-02387-21 20217046__ CODING: Words stricken are deletions; words underlined are additions. per gallon on single strength citrus juices or sections, or 1.3 cents per pound of soluble citrus solids on concentrated citrus juices. 32

(

b) The department shall prescribe procedures for the assessment and collection of such funds to defray the necessary expenses incurred, or expected to be incurred, by the department in the formation, issuance, administration, and enforcement of any marketing order implemented under this section. 37 (c)1.

Every handler shall, at such times as the department may require, file with the department a return, not under oath, 39 on forms to be prescribed and furnished by the department, 40 certified as true and correct, stating the quantity of the type, 41 variety, and form of citrus fruit or citrus product specified in the marketing order first handled in the primary channels of trade in the state by such handler during the period of time specified in the marketing order. Such returns must contain any further information deemed by the department to be reasonably necessary to properly administer or enforce this

section or any marketing order implemented under this section. 48 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. This subparagraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2021, 54 unless reviewed and saved from repeal through reenactment by the Legislature. 56

(

d) All assessments imposed under this

section are due and payable and shall be paid by such handlers at such times and in Florida Senate - 2021 SB 7046 575-02387-21 20217046__ CODING: Words stricken are deletions; words underlined are additions. such installments as the commission prescribes in such marketing order, or the amount thereof shall be provided for and guaranteed by giving a surety bond or cash deposit or as the department otherwise prescribes. 62

Section 2. This act shall take effect October 1, 2021. 63