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





                                                  SENATE AMENDMENT

    Bill No. CS/HB 4125

    Amendment No.    

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11  Senator Harris moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Section 288.1256, Florida Statutes, is

18  created to read:

19         288.1256  Promotion and development of entertainment

20  industry; confidentiality of records.--

21         (1)  Upon written request from an entertainment

22  industry private corporation, partnership, or person seeking

23  to locate, relocate, or expand any of its business activities

24  in this state, records of the Entertainment Industry

25  Commissioner and of the Entertainment Florida Council or other

26  entity authorized to perform the functions of the council

27  which contain the identity, trade secrets as defined by s.

28  812.081, or information concerning plans, intentions, or

29  interests of such private corporation, partnership, or person

30  to locate, relocate, or expand any of its business activities

31  in this state are confidential and exempt from the provisions

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4125

    Amendment No.    





 1  of s. 119.07(1) and s. 24(a), Art. I of the State Constitution

 2  unless the information contained in the exempted records is

 3  otherwise released by the party requesting confidentiality or,

 4  in the case of identity only, until the party retains a

 5  business location in the state.  This subsection is subject to

 6  the Open Government Sunset Review Act of 1995 in accordance

 7  with s. 119.15, and shall stand repealed on October 2, 2003,

 8  unless reviewed and saved from repeal through reenactment by

 9  the Legislature.

10         (2)  Any person, including the Entertainment Industry

11  Commissioner or an employee of the Entertainment Florida

12  Council or other entity authorized to perform the functions of

13  the council, who willfully and knowingly violates the

14  provisions of this section is guilty of a misdemeanor of the

15  second degree, punishable as provided in s. 775.082 or s.

16  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

30  Entertainment Florida Council or the Entertainment Industry

31  Commissioner are needed initially to encourage these

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4125

    Amendment No.    





 1  businesses to locate, relocate, or expand their activities in

 2  the state.  The Entertainment Industry Commissioner and the

 3  Entertainment Florida Council also need such information in

 4  the aggregate to plan the marketing programs to promote

 5  entertainment industry growth for the benefit of this state

 6  and to measure the effectiveness of those marketing programs

 7  for the Legislature.  If such records are not protected,

 8  critical confidential information regarding contract

 9  negotiations, business identity, trade secrets, and business

10  activity location, relocation, or expansion would be revealed.

11  Release of this proprietary information could put those

12  businesses from which the information is gathered at a

13  competitive disadvantage in the marketplace.  Consequently,

14  private companies whose records are not required to be open

15  might refrain from responding to the solicitations of the

16  Entertainment Industry Commissioner or the Entertainment

17  Florida Council and might choose not to locate, relocate, or

18  expand their activities in the state, thereby denying the use

19  of valuable information needed to assist this state and

20  causing the state to lose potential revenue and employment for

21  its citizens.  The harm that would result from any obstruction

22  to revealing the identity, trade secrets, and planning

23  information solicited from entertainment industry businesses

24  seeking to locate, relocate, or expand their business

25  activities in the state would far outweigh any public benefit

26  derived from release of such information.

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

28  as House Bill 3931 or similar legislation that creates the

29  Entertainment Florida Council and the position of

30  Entertainment Industry Commissioner, but this act shall not

31  take effect if such legislation is not enacted in the same

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 4125

    Amendment No.    





 1  legislative session or an extension thereof.

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 3

 4  ================ T I T L E   A M E N D M E N T ===============

 5  And the title is amended as follows:

 6         Delete everything before the enacting clause

 7

 8  and insert:

 9                      A bill to be entitled

10         An act relating to public records; creating s.

11         288.1256, F.S.; providing an exemption from

12         public records requirements for records of the

13         Entertainment Industry Commissioner and the

14         Entertainment Florida Council or other entity

15         authorized to function in its place relating to

16         specified information with respect to the

17         business activities of private persons,

18         partnerships, or corporations in the

19         entertainment industry, when such

20         confidentiality is requested; providing a

21         penalty for violation of the act; providing for

22         future review and repeal; providing a finding

23         of public necessity; providing a contingent

24         effective date.

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