House Bill 3595

    Florida House of Representatives - 1998                HB 3595

        By Representatives K. Pruitt, Sembler, Mackey, Putnam,
    Cosgrove, Kelly, Sublette, Ogles, Valdes, Barreiro, Bainter,
    Melvin, Casey, Flanagan, Futch, Fasano, Tamargo, Burroughs,
    Wallace, Peaden, Byrd, Goode, Minton, Lawson, Ball, King,
    Murman, Bradley, Ritchie and Dockery


  1                      A bill to be entitled

  2         An act relating to public records exemptions;

  3         creating s. 73.05115, F.S.; providing an

  4         exemption from public records requirements with

  5         respect to certain business records which are

  6         required to be disclosed as a part of eminent

  7         domain prelitigation procedures; providing for

  8         review and repeal; providing a statement of

  9         public necessity; providing a contingent

10         effective date.

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12  Be It Enacted by the Legislature of the State of Florida:

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14         Section 1.  Section 73.05115, Florida Statutes, is

15  created to read:

16         73.05115  Business records; public records

17  exemption.--Business records provided to a governmental

18  condemning authority pursuant to s. 73.0511(4) shall be used

19  only for the purposes of a written offer or in the

20  condemnation suit for the property to be acquired and shall be

21  confidential and exempt from the provisions of s. 119.07(1)

22  and s. 24(a), Art. I of the State Constitution. This section

23  is subject to the Open Government Sunset Review Act of 1995 in

24  accordance with s. 119.15, and shall stand repealed on October

25  2, 2003, unless reviewed and saved from repeal through

26  reenactment by the Legislature.

27         Section 2.  The Legislature finds that it is a public

28  necessity that the business records which are defined in s.

29  73.0511(4), Florida Statutes, and which are submitted to a

30  condemning governmental authority pursuant to chapter 73,

31  Florida Statutes, which business records are to be used to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998                HB 3595

    286-204-98






  1  determine business damages, be confidential and exempt from

  2  the public records law because the disclosure of such records

  3  would negatively impact the business interests of those

  4  providing the condemning governmental authority such

  5  information and would provide an unfair competitive advantage

  6  to persons and businesses in competition with the business

  7  disclosing such records.

  8         Section 3.  This act shall take effect on the same date

  9  that House Bill      or similar legislation creating s.

10  73.0511(4), Florida Statutes, takes effect, if such

11  legislation is adopted in the same legislative session or an

12  extension thereof.

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15                          HOUSE SUMMARY

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      Provides an exemption from the public records law for
17    certain business records which must be disclosed as a
      part of eminent domain prelitigation requirements. See
18    bill for details.

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