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 is48subject to the Open Government Sunset Review Act in accordance49with s. 119.15 and shall stand repealed on October 2, 2021,50unless reviewed and saved from repeal through reenactment by the51Legislature.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 Government63Sunset Review Act in accordance with s. 119.15 and shall stand64repealed on October 2, 2021, unless reviewed and saved from65repeal through reenactment by the Legislature.66 Section 3. This act shall take effect October 1, 2021.