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:

20-3.007Post Estimate Price Report

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:

 

20-3.007 Post Estimate Price Report

(1) through (3) No change.

(4)(a)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 Department of Citrus has received data from a licensed facility or facilities and additional reports shall be submitted 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. Calculations used in this report are on a weighted average basis.

(b) Any data reported to the Florida Department of Citrus that a reporting facility deems to be trade secret (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 shall submit, in writing, the nature of such data that demonstrates it is a trade secret under Section 812.081(1)c), Fla. Stat., including specific designations as to what portion of the data is to be treated by the Department of Citrus as a trade secret. 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 treated protected as a trade secret, as defined in Section 812.081, F.S. 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, 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