Senate Bill 2350e1

    SB 2350                                  First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public records; providing an

  3         exemption from public records requirements for

  4         business records of a business owner subject to

  5         a governmental condemning authority in an

  6         eminent domain proceeding; providing an

  7         expiration date; providing a finding of public

  8         necessity; providing a contingent effective

  9         date.

10

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

12

13         Section 1.  Business records provided by the owner of a

14  business to a governmental condemning authority as part of an

15  offer of business damages pursuant to section 73.015, Florida

16  Statutes, are exempt from the disclosure provisions of Section

17  24(a) of Article I of the State Constitution and section

18  119.07(1), Florida Statutes. This exemption is subject to the

19  Open Government Sunset Review Act in accordance with section

20  119.15, Florida Statutes, and expires on October 2, 2004,

21  unless reviewed and reenacted by the Legislature.

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

23  necessity that the business records of an owner who provides a

24  governmental condemning authority business records as part of

25  a presuit offer of business damages in an eminent domain

26  proceeding be exempt in order to encourage presuit

27  settlements. Furthermore, the Legislature finds that business

28  records are of a sensitive nature and the disclosure of such

29  information could place the business at a competitive

30  disadvantage should these sensitive business records be

31  revealed to the public.


                                  1

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






    SB 2350                                  First Engrossed (ntc)



  1         Section 3.  This act shall take effect on the effective

  2  date of SB 940 or similar legislation relating to eminent

  3  domain, and shall not take effect if that legislation does not

  4  become a law.

  5

  6

  7

  8

  9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  2