House Bill 4125

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    Florida House of Representatives - 1998                HB 4125

        By the Committee on Tourism and Representatives Barreiro,
    Bullard, Melvin, Culp, Harrington, Bronson, Greene,
    Livingston, D. Prewitt and Sindler




  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 HB 3687, 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; confidentiality of

24  records.--

25         (3)  CONFIDENTIALITY OF RECORDS.--

26         (a)  Upon written request from an entertainment

27  industry private corporation, partnership, or person seeking

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

29  in this state, records of the Office of the Entertainment

30  Industry Commissioner which contain the identity, trade

31  secrets as defined by s. 812.081, or information concerning

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  1  plans, intentions, or interests of such private corporation,

  2  partnership, or person to locate, relocate, or expand any of

  3  its business activities in this state are confidential and

  4  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

  5  I of the State Constitution unless the information contained

  6  in the exempted records is otherwise released by the party

  7  requesting confidentiality or, in the case of identity only,

  8  until the party retains a business location in the state.

  9  This subsection is subject to the Open Government Sunset

10  Review Act of 1995 in accordance with s. 119.15, and shall

11  stand repealed on October 2, 2003, unless reviewed and saved

12  from repeal through reenactment by the Legislature.

13         (b)  Any person who is an employee of the Office of the

14  Entertainment Industry Commissioner who willfully and

15  knowingly violates the provisions of this section is guilty of

16  a misdemeanor of the second degree, punishable as provided in

17  s. 775.082 or s. 775.083.

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

19  necessity that the identity, or trade secrets as defined by s.

20  812.081, Florida Statutes, of an entertainment industry

21  corporation, partnership, or person seeking to locate,

22  relocate, or expand any of its business activities in this

23  state, or information concerning such plans, intentions, or

24  interests, be exempt from public records requirements.  This

25  exemption is needed to protect the ongoing and often delicate

26  contract negotiations common to the preproduction stage of an

27  entertainment industry business venture which occurs prior to

28  that business retaining a business location in the state.  The

29  identity, trade secrets, and planning information solicited

30  from such businesses by the Office of the Entertainment

31  Industry Commissioner are needed by that office initially to

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  1  encourage these businesses to locate, relocate, or expand

  2  their activities in the state.  The Office of the

  3  Entertainment Industry Commissioner also needs such

  4  information in the aggregate, which may be publicly reported

  5  in such fashion, to plan the marketing programs it conducts to

  6  promote entertainment industry growth for the benefit of this

  7  state and to measure the effectiveness of those marketing

  8  programs for the Legislature.  If such records are not

  9  protected, critical confidential information regarding

10  contract negotiations, business identity, trade secrets, and

11  business activity location, relocation, or expansion would be

12  revealed.  Release of this proprietary information could put

13  those businesses from which the information is gathered at a

14  competitive disadvantage in the marketplace.  Consequently,

15  private companies whose records are not required to be open

16  might refrain from responding to the solicitations of the

17  Office of the Entertainment Industry Commissioner and might

18  choose not to locate, relocate, or expand their activities in

19  the state, thereby denying the use of valuable information

20  needed to assist this state and causing the state to lose

21  potential revenue and employment for its citizens.  The harm

22  that would result from any obstruction to revealing the

23  identity, trade secrets, and planning information solicited

24  from entertainment industry businesses seeking to locate,

25  relocate, or expand their business activities in the state

26  would far outweigh any public benefit derived from release of

27  such information.

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

29  that House Bill 3687 or similar legislation which creates s.

30  288.1254, F.S., establishing the Office of Entertainment

31  Industry Commissioner, takes effect, if such legislation is

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  1  adopted in the same legislative session or an extension

  2  thereof.

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  5                          HOUSE SUMMARY

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      Provides an exemption from public records requirements
  7    for records of the Office of Entertainment Industry
      Commissioner which contain the identity, trade secrets,
  8    or any information concerning plans, intentions, or
      interests of any private person, partnership, or
  9    corporation within the entertainment industry to locate,
      relocate, or expand any of its business activities in
10    this state, when such confidentiality is requested.
      Provides for review and repeal of the exemption by
11    October 2, 2003. Provides a second-degree misdemeanor
      penalty for violation of the act.  Provides a finding of
12    public necessity.  Provides that the act shall take
      effect upon the passage of HB 3687 or similar legislation
13    which creates s. 288.1254, F.S., and provides for the
      creation of the Office of the Entertainment Industry
14    Commissioner.

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