Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7201
Barcode 535570
CHAMBER ACTION
Senate House
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05/02/2007 11:04 AM .
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11 Senator Ring moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Between lines 30 and 31,
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16 insert:
17 Section 1. (1) As used in this section, the term:
18 (a) "Authority" means the Performing Arts Center
19 Authority created by chapter 84-396, Laws of Florida.
20 (b) "Support organization" means any private
21 organization incorporated under chapter 617, Florida Statutes,
22 which serves the purpose of supporting the activities of the
23 authority, acting on behalf of the authority, or generating
24 funds to support the purposes of the authority and, except as
25 provided in this section, has information or records that are
26 subject to disclosure under chapter 119, Florida Statutes, and
27 Section 24(a), Article I of the State Constitution.
28 (2) The following records and information of the
29 authority and a support organization are confidential and
30 exempt from the provisions of s. 119.07(1), Florida Statutes,
31 and Section 24(a), Article I of the State Constitution:
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7201
Barcode 535570
1 (a) The business-related information that is generated
2 or compiled by the authority, or obtained from third parties
3 or in connection with third-party events, in the course of
4 carrying out the authority's purposes, including, but not
5 limited to:
6 1. Mailing lists;
7 2. Customer lists;
8 3. Client lists;
9 4. Ticket buyer lists;
10 5. Booking lists;
11 6. Reservation lists;
12 7. Data analysis of financial, ticketing, attendance
13 and similar benchmarking data;
14 8. Ticket sales information;
15 9. Sponsorship data;
16 10. Artist fees;
17 11. Advertising data;
18 12. Technical requirements for events; and
19 13. Marketing files.
20 (b) A trade secret, as defined in s. 812.081, Florida
21 Statutes.
22 (c) Trade secrets and commercial or financial
23 information gathered from a person or belonging to the
24 authority which are privileged or confidential as defined and
25 interpreted under 5 U.S.C. s. 552(b)(4), as amended.
26 (3) This section is subject to the Open Government
27 Sunset Review Act in accordance with s. 119.15 and shall stand
28 repealed on October 2, 2012, unless reviewed and saved from
29 repeal through reenactment by the Legislature.
30 Section 2. The Legislature finds that it is a public
31 necessity to provide confidentiality for certain information
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7201
Barcode 535570
1 concerning business matters related to carrying out the
2 purposes of the Performing Arts Center Authority and
3 supporting organizations. The authority is a public entity
4 whose economic survival depends on revenues obtained from
5 services provided in competition with its private-sector
6 counterparts. The disclosure of business-related information
7 would significantly impede or destroy the authority's ability
8 to effectively compete in the marketplace against private
9 entities whose records are not required to be open to the
10 public. The disclosure of information, such as trade secrets,
11 privileged or confidential information, or other business
12 information, could injure the authority in the marketplace by
13 providing competitors with detailed insights into the
14 strategic plans of the authority or a supporting organization
15 or with personnel or customer information, thereby diminishing
16 the advantage that the authority would otherwise have over
17 those that do not possess such information. Without these
18 exemptions, private-sector businesses or individuals might
19 refrain from participating in the authority's programs in
20 order to avoid public disclosure of such participation. The
21 harm to the authority or support organizations caused by
22 public disclosure of such information far outweighs the public
23 benefits derived from the release of the information.
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25 (Redesignate subsequent sections.)
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 Lines 2-3, delete those lines
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Florida Senate - 2007 SENATOR AMENDMENT
Bill No. HB 7201
Barcode 535570
1 insert:
2 An act relating to public records; providing
3 for the confidentiality of certain
4 business-related records and information of the
5 Performing Arts Center Authority or a
6 supporting organization; providing for future
7 legislative review and repeal under the Open
8 Government Sunset Review Act; providing a
9 statement of public necessity; amending s.
10 288.075, F.S., which
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