Updating trade secret definition based on new legislation and incorporate by referenced the Statement of Trade Secret Form under 20-100.004, F.A.C.

 

DEPARTMENT OF CITRUS

RULE NO.: RULE TITLE:

20-9.009: Trade Secret Exemption

PURPOSE AND EFFECT: Updating trade secret definition based on new legislation and incorporate by referenced the Statement of Trade Secret Form under 20-100.004, F.A.C.

SUMMARY: Trade secret definition.

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) F.S.

LAW IMPLEMENTED: 601.15, 601.152(8)(c), 119.0715 F.S.

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

DATE AND TIME: May 18, 2022 at 9:00 a.m.

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

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Belinette Jones, Legal Assistant, Florida Department of Citrus, P.O. Box 9010, Bartow, Florida 33831-9010 or [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

20-9.009 Trade Secret Exemption.

(1) 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” at the time it is submitted to the Department of Citrus and (ii) shall be designated a trade secret on a Statement of Trade Secret Form under 20-100.004, F.A.C.(i) shall be clearly labeled as “Trade Secret” at the time it is submitted to the Department of Citrus, and (ii) at the time of such submittal, the reporting facility also 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.

(2) Individual facility information reported pursuant to this rule shall be held confidential as a designated trade secret and defined in Section 688.002(4)812.081, F.S., and treated as exempt from the provisions of Section 119.07(1), F.S.

(3) Absent a written declaration that the facility deems the data to be a trade secret in compliance with the process set forth in this rule, the data provided to the Department of Citrus will not be treated as a trade secret, as defined in Section 688.002(4)812.081, F.S.

Rulemaking Authority 601.10(1), 601.15(1) FS. Law Implemented: 601.15, 601.152(8)(c), 119.0715 FS. History–New 11-26-20, ____________.

 

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: March 16, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 17, 2022