Senate Bill 1928

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    Florida Senate - 1999                                  SB 1928

    By Senator Silver





    38-1103-99

  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         information held by the Office of the

  5         Entertainment Industry Commissioner relating to

  6         specified information with respect to the

  7         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.  Confidentiality of records.--

19         (1)  Upon written request from a private corporation,

20  partnership, or person within the entertainment industry that

21  seeks to locate, relocate, or expand any of its business

22  activities in this state, the information held by the Office

23  of the Entertainment Industry Commissioner, as created by SB

24      , regarding the identity; trade secrets as defined by

25  section 812.081, Florida Statutes; or plans, intentions, or

26  interests of such private corporation, partnership, or person

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

28  in this state are confidential and exempt from section

29  119.07(1), Florida Statutes, and Section 24(a) of Article I of

30  the State Constitution, unless the information held is

31  otherwise released by the party requesting confidentiality or,

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    Florida Senate - 1999                                  SB 1928
    38-1103-99




  1  in the case of identity or plans, intentions, or interests to

  2  locate, relocate, or expand any of its business activities in

  3  this state, until the party retains a new or additional

  4  business location in this state. This subsection is subject to

  5  the Open Government Sunset Review Act of 1995 in accordance

  6  with section 119.15, Florida Statutes, and shall stand

  7  repealed on October 2, 2004, unless reviewed and saved from

  8  repeal through reenactment by the Legislature.

  9         (2)  Any person who is an employee of the Office of the

10  Entertainment Industry Commissioner who willfully and

11  knowingly violates this section commits a misdemeanor of the

12  second degree, punishable as provided in section 775.082 or

13  section 775.083, Florida Statutes.

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

15  necessity that the identity, or trade secrets as defined by

16  section 812.081, Florida Statutes, of a corporation,

17  partnership, or person within the entertainment industry that

18  seeks to locate, relocate, or expand any of its business

19  activities in this state, or information concerning such

20  plans, intentions, or interests, be exempt from public records

21  requirements. This exemption is needed to protect the ongoing

22  and often delicate contract negotiations common to the

23  preproduction stage of an entertainment industry business

24  venture that occurs prior to that business retaining a

25  business location in the state. The identity, trade secrets,

26  and planning information solicited from such businesses by the

27  Office of the Entertainment Industry Commissioner are needed

28  by that office initially to encourage these businesses to

29  locate, relocate, or expand their activities in the state. The

30  Office of the Entertainment Industry Commissioner also needs

31  such information in the aggregate, which may be publicly

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    Florida Senate - 1999                                  SB 1928
    38-1103-99




  1  reported in such fashion, to plan the marketing programs it

  2  conducts to promote entertainment industry growth for the

  3  benefit of this state and to measure the effectiveness of

  4  those marketing programs for the Legislature. If such records

  5  are not protected, critical confidential information regarding

  6  contract negotiations, business identity, trade secrets, and

  7  business activity location, relocation, or expansion would be

  8  revealed. Release of this proprietary information could put

  9  those businesses from which the information is gathered at a

10  competitive disadvantage in the marketplace. Consequently,

11  private companies whose records are not required to be open

12  might refrain from responding to the solicitations of the

13  Office of the Entertainment Industry Commissioner and might

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

15  the state, thereby denying the use of valuable information

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

17  potential revenue and employment for its citizens. The harm

18  that would result from any obstruction to revealing the

19  identity, trade secrets, and planning information solicited

20  from entertainment industry businesses seeking to locate,

21  relocate, or expand their business activities in the state

22  would far outweigh any public benefit derived from release of

23  such information.

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

25  that Senate Bill      or similar legislation takes effect, if

26  such legislation is enacted in the same legislative session or

27  an extension thereof.

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    Florida Senate - 1999                                  SB 1928
    38-1103-99




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  2                       LEGISLATIVE SUMMARY

  3    Provides an exemption from the public records law for
      information held by the Office of the Entertainment
  4    Industry Commissioner which relates to specified
      information with respect to the business activities of
  5    private persons, partnerships, or corporations in the
      entertainment industry, when such confidentiality is
  6    requested. Provides that it is a second-degree
      misdemeanor for an employee of the Office of the
  7    Entertainment Industry Commissioner to knowingly disclose
      such confidential information. Provides for future
  8    legislative review and repeal.

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