Senate Bill 1614
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Florida Senate - 1998 SB 1614
By Senator Harris
24-1321-98 See HB
1 A bill to be entitled
2 An act relating to public records; amending s.
3 288.1254, F.S.; providing an exemption from
4 public records requirements for records of the
5 Office of Entertainment Industry Commissioner
6 relating to specified information with respect
7 to the business activities of private persons,
8 partnerships, or corporations in the
9 entertainment industry, when such
10 confidentiality is requested; providing a
11 penalty for violation of the act; providing for
12 future review and repeal; providing a finding
13 of public necessity; providing a contingent
14 effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Subsection (3) is added to section
19 288.1254, Florida Statutes, as created by SB , 1998
20 Regular Session, to read:
21 288.1254 Promotion and development of entertainment
22 industry; Office of the Entertainment Industry Commissioner;
23 creation; purpose; powers and duties.--
24 (3) CONFIDENTIALITY OF RECORDS.--
25 (a) Upon written request from an entertainment
26 industry private corporation, partnership, or person seeking
27 to locate, relocate, or expand any of its business activities
28 in this state, records of the Office of the Entertainment
29 Industry Commissioner which contain the identity, trade
30 secrets as defined by s. 812.081, or information concerning
31 plans, intentions, or interests of such private corporation,
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Florida Senate - 1998 SB 1614
24-1321-98 See HB
1 partnership, or person to locate, relocate, or expand any of
2 its business activities in this state are confidential and
3 exempt from the provisions of s. 119.07(1) and s. 24(a), Art.
4 I of the State Constitution unless the information contained
5 in the exempted records is otherwise released by the party
6 requesting confidentiality or, in the case of identity only,
7 until the party retains a business location in the state.
8 This subsection is subject to the Open Government Sunset
9 Review Act of 1995 in accordance with s. 119.15, and shall
10 stand repealed on October 2, 2003, unless reviewed and saved
11 from repeal through reenactment by the Legislature.
12 (b) Any person who is an employee of the Office of the
13 Entertainment Industry Commissioner who willfully and
14 knowingly violates the provisions of this section is guilty of
15 a misdemeanor of the second degree, punishable as provided in
16 s. 775.082 or s. 775.083.
17 Section 2. The Legislature finds that it is a public
18 necessity that the identity, or trade secrets as defined by
19 section 812.081, Florida Statutes, of an entertainment
20 industry corporation, partnership, or person seeking to
21 locate, relocate, or expand any of its business activities in
22 this state, or information concerning such plans, intentions,
23 or interests, be exempt from public records requirements.
24 This exemption is needed to protect the ongoing and often
25 delicate contract negotiations common to the preproduction
26 stage of an entertainment industry business venture which
27 occurs prior to that business retaining a business location in
28 the state. The identity, trade secrets, and planning
29 information solicited from such businesses by the Office of
30 the Entertainment Industry Commissioner are needed by that
31 office initially to encourage these businesses to locate,
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Florida Senate - 1998 SB 1614
24-1321-98 See HB
1 relocate, or expand their activities in the state. The Office
2 of the Entertainment Industry Commissioner also needs such
3 information in the aggregate to plan the marketing programs it
4 conducts to promote entertainment industry growth for the
5 benefit of this state and to measure the effectiveness of
6 those marketing programs for the Legislature. If such records
7 are not protected, critical confidential information regarding
8 contract negotiations, business identity, trade secrets, and
9 business activity location, relocation, or expansion would be
10 revealed. Release of this proprietary information could put
11 those businesses from which the information is gathered at a
12 competitive disadvantage in the marketplace. Consequently,
13 private companies whose records are not required to be open
14 might refrain from responding to the solicitations of the
15 Office of the Entertainment Industry Commissioner and might
16 choose not to locate, relocate, or expand their activities in
17 the state, thereby denying the use of valuable information
18 needed to assist this state and causing the state to lose
19 potential revenue and employment for its citizens. The harm
20 that would result from any obstruction to revealing the
21 identity, trade secrets, and planning information solicited
22 from entertainment industry businesses seeking to locate,
23 relocate, or expand their business activities in the state
24 would far outweigh any public benefit derived from release of
25 such information.
26 Section 3. This act shall take effect on the same date
27 as Senate Bill or similar legislation that creates
28 section 288.1254, Florida Statutes, establishing the Office of
29 Entertainment Industry Commissioner, but this act shall not
30 take effect if such legislation is not enacted in the same
31 legislative session or an extension thereof.
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Florida Senate - 1998 SB 1614
24-1321-98 See HB
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2 LEGISLATIVE SUMMARY
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Provides an exemption from public records requirements
4 for records of the Office of Entertainment Industry
Commissioner which contain the identity, trade secrets,
5 or any information concerning plans, intentions, or
interests of any private person, partnership, or
6 corporation within the entertainment industry to locate,
relocate, or expand any of its business activities in
7 this state, when such confidentiality is requested.
Provides for review and repeal of the exemption by
8 October 2, 2003. Provides a second-degree misdemeanor
penalty for violation of the act. Provides a finding of
9 public necessity. Provides that the act shall take
effect upon the passage of SB or similar
10 legislation which creates s. 288.1254, F.S., and provides
for the creation of the Office of the Entertainment
11 Industry Commissioner.
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