Florida Senate - 2021                   (PROPOSED BILL) SPB 7020
       
       
        
       FOR CONSIDERATION By the Committee on Commerce and Tourism
       
       
       
       
       
       577-00918A-21                                         20217020pb
    1                        A bill to be entitled                      
    2         An act relating to a review under the Open Government
    3         Sunset Review Act; amending s. 125.0104, F.S., which
    4         provides an exemption from public records requirements
    5         for trade secrets held by county tourism promotion
    6         agencies; removing the scheduled repeal of the
    7         exemption; amending s. 288.1226, F.S., which provides
    8         an exemption from public records requirements for the
    9         identity of a person who responds to a marketing or
   10         advertising research project conducted by the Florida
   11         Tourism Industry Marketing Corporation and for certain
   12         trade secrets; removing the scheduled repeal of the
   13         exemption; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (9) of section
   18  125.0104, Florida Statutes, is amended to read:
   19         125.0104 Tourist development tax; procedure for levying;
   20  authorized uses; referendum; enforcement.—
   21         (9) COUNTY TOURISM PROMOTION AGENCIES.—In addition to any
   22  other powers and duties provided for agencies created for the
   23  purpose of tourism promotion by a county levying the tourist
   24  development tax, such agencies are authorized and empowered to:
   25         (d) Undertake marketing research and advertising research
   26  studies and provide reservations services and convention and
   27  meetings booking services consistent with the authorized uses of
   28  revenue as set forth in subsection (5).
   29         1. Information given to a county tourism promotion agency
   30  which, if released, would reveal the identity of persons or
   31  entities who provide data or other information as a response to
   32  a sales promotion effort, an advertisement, or a research
   33  project or whose names, addresses, meeting or convention plan
   34  information or accommodations or other visitation needs become
   35  booking or reservation list data, is exempt from s. 119.07(1)
   36  and s. 24(a), Art. I of the State Constitution.
   37         2. The following information, when held by a county tourism
   38  promotion agency, is exempt from s. 119.07(1) and s. 24(a), Art.
   39  I of the State Constitution:
   40         a. Booking business records, as defined in s. 255.047.
   41         b. Trade secrets and commercial or financial information
   42  gathered from a person and privileged or confidential, as
   43  defined and interpreted under 5 U.S.C. s. 552(b)(4), or any
   44  amendments thereto.
   45         3. A trade secret, as defined in s. 812.081, held by a
   46  county tourism promotion agency is exempt from s. 119.07(1) and
   47  s. 24(a), Art. I of the State Constitution. This subparagraph is
   48  subject to the Open Government Sunset Review Act in accordance
   49  with s. 119.15 and shall stand repealed on October 2, 2021,
   50  unless reviewed and saved from repeal through reenactment by the
   51  Legislature.
   52         Section 2. Subsection (9) of section 288.1226, Florida
   53  Statutes, is amended to read:
   54         288.1226 Florida Tourism Industry Marketing Corporation;
   55  use of property; board of directors; duties; audit.—
   56         (9) PUBLIC RECORDS EXEMPTION.—The identity of any person
   57  who responds to a marketing project or advertising research
   58  project conducted by the corporation in the performance of its
   59  duties on behalf of Enterprise Florida, Inc., or trade secrets
   60  as defined by s. 812.081 obtained pursuant to such activities,
   61  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   62  Constitution. This subsection is subject to the Open Government
   63  Sunset Review Act in accordance with s. 119.15 and shall stand
   64  repealed on October 2, 2021, unless reviewed and saved from
   65  repeal through reenactment by the Legislature.
   66         Section 3. This act shall take effect October 1, 2021.