House Bill 0839

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







    Florida House of Representatives - 1999                 HB 839

        By the Committee on Tourism and Representatives Starks,
    Farkas, Dennis, Argenziano, Barreiro, Lynn, Bush, Melvin,
    Bloom and Hafner




  1                      A bill to be entitled

  2         An act relating to public records; amending s.

  3         288.1251, F.S.; providing an exemption from

  4         public records requirements for information

  5         held by the Office of Film 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.

15

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

17

18         Section 1.  Subsection (3) is added to section

19  288.1251, Florida Statutes, as created by HB     , 1999

20  Regular Session, to read:

21         288.1251  Promotion and development of entertainment

22  industry; Office of the Film Commissioner; creation; purpose;

23  powers and duties; confidentiality of records.--

24         (3)  CONFIDENTIALITY OF RECORDS.--

25         (a)  Upon written request from an entertainment

26  industry private corporation, partnership, or person seeking

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

28  in this state, information held by the Office of the Film

29  Commissioner regarding the identity; trade secrets as defined

30  by s. 812.081; or plans, intentions, or interests of such

31  private corporation, partnership, or person to locate,

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    Florida House of Representatives - 1999                 HB 839

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

  2  state are confidential and exempt from the provisions of s.

  3  119.07(1) and s. 24(a), Art. I of the State Constitution

  4  unless the information held is otherwise released by the party

  5  requesting confidentiality or, in the case of identity, or

  6  plans, intentions or interests to locate, relocate, or expand

  7  any of its business activities in this state, until the party

  8  retains a new or additional business location in this 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, 2004, 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  Film Commissioner who willfully and knowingly violates the

15  provisions of this section is guilty of a misdemeanor of the

16  second degree, punishable as provided in s. 775.082 or s.

17  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 Film Commissioner

31  are needed by that office initially to encourage these

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    Florida House of Representatives - 1999                 HB 839

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  1  businesses to locate, relocate, or expand their activities in

  2  the state.  The Office of the Film Commissioner also needs

  3  such information in the aggregate, which may be publicly

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

  5  conducts to promote entertainment industry growth for the

  6  benefit of this state and to measure the effectiveness of

  7  those marketing programs for the Legislature.  If such records

  8  are not protected, critical confidential information regarding

  9  contract negotiations, business identity, trade secrets, and

10  business activity location, relocation, or expansion would be

11  revealed.  Release of this proprietary information could put

12  those 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  Office of the Film Commissioner and might choose not to

17  locate, relocate, or expand their activities in the state,

18  thereby denying the use of valuable information needed to

19  assist this state and causing the state to lose potential

20  revenue and employment for its citizens.  The harm that would

21  result from any obstruction to revealing the identity, trade

22  secrets, and planning information solicited from entertainment

23  industry businesses seeking to locate, relocate, or expand

24  their business activities in the state would far outweigh any

25  public benefit derived from release of such information.

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

27  that House Bill      or similar legislation which creates s.

28  288.1251, F.S., establishing the Office of the Film

29  Commissioner, takes effect, if such legislation is adopted in

30  the same legislative session or an extension thereof.

31

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