Amendment to more clearly set out the trade secret exemption procedures for a request by a governed entity to claim the data/information provided to the Department of Citrus, this amendment outlines the procedure and its ....

 

DEPARTMENT OF CITRUS

RULE NO.:RULE TITLE:

20-3.005General Provisions

PURPOSE AND EFFECT: Amendment to more clearly set out the trade secret exemption procedures for a request by a governed entity to claim the data/information provided to the Department of Citrus, this amendment outlines the procedure and its effect on the entity and the Department.

SUMMARY: Trade Secret exemption procedures

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department used a checklist to conduct an economic analysis and determine if there is an adverse impact or regulatory costs associated with this rule that exceeds the economic criteria in section 120.541(2)(a), F.S. Based upon this analysis, the Department has determined that the proposed rule is not expected to require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 601.10(1), 601.15(10)(a) FS.

LAW IMPLEMENTED: 601.10(8), 601.15(4), 601.69 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: October 21, 2020, 9:00 a.m.

PLACE: Via ZOOM, link to be provided in the meeting notice posted in FAR and emailed to industry organizations and press corps and all other interested persons who have asked to be notified

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Alice Wiggins, Legal Assistant, P O Box 9010, Bartow, FL 33831 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

20-3.005 General Matters

(1) through (2) No change.

(3) Any data reported to the Florida Department of Citrus that a facility deems to be a trade secret (i) shall be clearly labeled as “Trade Secret” trade secrets at the time it is submitted to the Department of Citrus, and (ii) at the time of such submittal, the reporting facility also at that time the reporting facility shall submit, in writing, the nature of such data that demonstrates it is a trade secret under Section 812.081(1)(c), Fla. Stat., and specific designations as to what portion of the data is to be treated by the Department of Citrus as a trade secret. Individual facility information reported pursuant to this rule shall be held confidential as a designated trade secret and shall constitute trade secrets as defined in Section 812.081, F.S., and treated as are exempt from the provisions of Section 119.07(1), F.S. Absent a written declaration that the facility deems the data to be a trade secret in compliance with the process set forth in this subsection (3), the data provided to the Department of Citrus will not be treated as a trade secret, as defined in Section 812.081, F.S.

(4) No change.

Rulemaking Authority 601.10(1), 601.15(10)(a) FS. Law Implemented 601.10(8), 601.15(4), 601.69 FS. History–New 8-31-15, Amended 2-2-20,                               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elliott Mitchell, General Counsel

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Citrus Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2020