CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS/HB 4125
Amendment No.
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5
6
7
8
9
10
11 Senator Harris moved the following amendment:
12
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
1
9:01 AM 05/01/98 h4125.cm24.bb
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7 with s. 119.15, and shall stand repealed on October 2, 2003,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
2
9:01 AM 05/01/98 h4125.cm24.bb
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
3
9:01 AM 05/01/98 h4125.cm24.bb
SENATE AMENDMENT
Bill No. CS/HB 4125
Amendment No.
1 legislative session or an extension thereof.
2
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.
25
26
27
28
29
30
31
4
9:01 AM 05/01/98 h4125.cm24.bb