House Bill 0839c1

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    Florida House of Representatives - 1999              CS/HB 839

        By the Committees on Governmental Operations, 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 or applications for

  8         tax exemptions of private persons,

  9         partnerships, or corporations in the

10         entertainment industry, when such

11         confidentiality is requested; providing a

12         penalty for violation of the act; providing for

13         future review and repeal; providing a finding

14         of public necessity; providing a contingent

15         effective date.

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

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

20  288.1251, Florida Statutes, as created by HB 985, 1999 Regular

21  Session, to read:

22         288.1251  Promotion and development of entertainment

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

24  powers and duties; confidentiality of records.--

25         (3)  CONFIDENTIALITY OF RECORDS.--

26         (a)  Upon written request from an entertainment

27  industry private corporation, partnership, or person applying

28  for a sales and use tax certificate of exemption under s.

29  288.1258, or seeking to locate, relocate, or expand any of its

30  business activities in this state, information held by the

31  Office of the Film Commissioner regarding the identity; trade

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  1  secrets as defined by s. 812.081; plans, intentions, or

  2  interests of such private corporation, partnership, or person

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

  4  in this state, or application for a sales and use tax

  5  certificate of exemption under s. 288.1258, are confidential

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

  7  Art. I of the State Constitution unless the information held

  8  is otherwise released by the party requesting confidentiality

  9  or, in the case of identity, or plans, intentions or interests

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

11  in this state, until the party retains a new or additional

12  business location in this state.  This subsection is subject

13  to the Open Government Sunset Review Act of 1995 in accordance

14  with s. 119.15, and shall stand repealed on October 2, 2004,

15  unless reviewed and saved from repeal through reenactment by

16  the Legislature.

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

18  Film Commissioner who willfully and knowingly violates the

19  provisions of this section related to the identity, trade

20  secrets as defined by s. 812.081, or plans, intentions, or

21  interests to locate, relocate, or expand any business

22  activities in this state is guilty of a misdemeanor of the

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

24  775.083.  Any person who is an employee of the Office of the

25  Film Commissioner who divulges any information related to the

26  application for a sales and use tax exemption under s.

27  288.1258 in any manner, except for official purposes, commits

28  a misdemeanor of the first degree, punishable as provided in

29  s. 775.082 or s. 775.083. 

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

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

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  1  812.081, Florida Statutes, of an entertainment industry

  2  corporation, partnership, or person seeking to locate,

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

  4  state, information concerning such plans, intentions, or

  5  interests, or information relating to an application for a tax

  6  exemption under s. 288.1258, Florida Statutes, be exempt from

  7  public records requirements.  This exemption is needed to

  8  protect the ongoing and often delicate contract negotiations

  9  common to the preproduction stage of an entertainment industry

10  business venture which occurs prior to that business retaining

11  a business location in the state.  The identity, trade

12  secrets, and planning information solicited from such

13  businesses by the Office of the Film Commissioner are needed

14  by that office initially to encourage these businesses to

15  locate, relocate, or expand their activities in the state.

16  The Office of the Film Commissioner also needs such

17  information in the aggregate, which may be publicly reported

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

19  promote entertainment industry growth for the benefit of this

20  state and to measure the effectiveness of those marketing

21  programs for the Legislature.  If such records are not

22  protected, critical confidential information regarding

23  contract negotiations, business identity, trade secrets, and

24  business activity location, relocation, or expansion would be

25  revealed.  Release of this proprietary information could put

26  those businesses from which the information is gathered at a

27  competitive disadvantage in the marketplace.  Consequently,

28  private companies whose records are not required to be open

29  might refrain from responding to the solicitations of the

30  Office of the Film Commissioner and might choose not to

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

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  1  thereby denying the use of valuable information needed to

  2  assist this state and causing the state to lose potential

  3  revenue and employment for its citizens.  The Legislature

  4  further finds that the Office of the Film Commissioner needs

  5  an exemption related to applications for a sales and use tax

  6  exemption in order to effectively assist an entertainment

  7  production company which seeks a certificate of exemption.  If

  8  such information is not protected, qualified entertainment

  9  production companies would not seek such an exemption because

10  disclosure would put them at a competitive disadvantage.  Tax

11  exemptions are a valuable resource for economic development,

12  especially for emerging industries such as the entertainment

13  industry.  This exemption is consistent with existing taxpayer

14  rights and protections under ss. 213.015 and 213.05, Florida

15  Statutes. The harm that would result from any obstruction to

16  revealing the identity, trade secrets, and planning

17  information solicited from entertainment industry businesses

18  seeking to locate, relocate, or expand their business

19  activities in the state, or information relating to an

20  application for a tax exemption under s. 288.1258, Florida

21  Statutes, would far outweigh any public benefit derived from

22  release of such information.

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

24  that House Bill 985 or similar legislation which creates s.

25  288.1251, F.S., establishing the Office of the Film

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

27  the same legislative session or an extension thereof.

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