Senate Bill 2350e2

    SB 2350                                 Second 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.

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

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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, if the disclosure of such records

19  would be likely to cause substantial harm to the competitive

20  position of the person providing such records and if the

21  person providing such records requests that such records be

22  held exempt. Nothing in this section shall be construed to

23  prevent inspection of such records by the Attorney General,

24  members of the Legislature, and interested state agencies;

25  however, such records shall remain exempt from further

26  disclosure.  This exemption is subject to the Open Government

27  Sunset Review Act in accordance with section 119.15, Florida

28  Statutes, and expires on October 2, 2004, unless reviewed and

29  reenacted by the Legislature.

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

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


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






    SB 2350                                 Second Engrossed (ntc)



  1  governmental condemning authority business records as part of

  2  a presuit offer of business damages in an eminent domain

  3  proceeding be exempt in order to encourage presuit

  4  settlements. Furthermore, the Legislature finds that business

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

  6  information could place the business at a competitive

  7  disadvantage should these sensitive business records be

  8  revealed to the public.

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

10  date of SB 940 or similar legislation relating to eminent

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

12  become a law.

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