Amendment addressing the number of facilities required to be reporting data to FDOC before a report can be released; adding language to protect the information provided to the department claimed to be trade secret by the reporting processors.

 

DEPARTMENT OF CITRUS

RULE NO.:RULE TITLE:

20-3.007Post Estimate Price Report

PURPOSE AND EFFECT: Amendment addressing the number of facilities required to be reporting data to FDOC before a report can be released; adding language to protect the information provided to the department claimed to be trade secret by the reporting processors.

SUMMARY: Post Estimate Price Report facility reporting; statement of trade secret for processors

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: December 18, 2019, 9:00 a.m.

PLACE: Florida Department of Citrus, 605 East Main Street, Bartow, Florida 33830

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:

 

20-3.007 Post-Estimate Price Report.

(1) through (3) No change.

(4) The Department of Citrus shall compile and publish, subsequent to the initial USDA Crop Estimate (generally released in October of each year), audited Post-Estimate Price Reports six times during the citrus season: upon the early/mid-season varieties harvest being 33% complete, 66% complete and 100% complete; and upon the late season varieties harvest being 33% complete, 66% complete and 100% complete.  Unaudited reports shall be posted to the website beginning four weeks after the data reported to the Department of Citrus has received data from a licensed facility or facilities contains data from at least three facilities and additional reports shall be submitted continue every four weeks thereafter. The number of facilities reporting activity shall not be disclosed within the facility data that is ultimately reported by the Department of Citrus.  Any reporting facility that considers its data to constitute trade secret data, and therefore confidential, shall label its data as trade secrets and shall provide, in writing, the nature of such data to the Department of Citrus at the time it is provided to the Department of Citrus. 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, the data provided to the Department of Citrus will not be protected as a trade secret, as defined in s.812.081. Calculations used in this report are on a weighted average basis.

(5) 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 1-24-19,                   .

 

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: October 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 1, 2019