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The Florida Senate

CS/CS/CS/HB 775 — Public Records

by Regulatory Affairs Committee; Government Operations Subcommittee; Business and Professional Regulation Subcommittee; and Rep. Hutson (CS/CS/SB 808 by Governmental Oversight and Accountability Committee; Regulated Industries Committee; and Senator Galvano)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Regulated Industries Committee (RI)

This bill provides a public-records exemption for a promoter’s proprietary confidential business information in the written report after a match or obtained by the Florida State Boxing Commission (commission) in an audit of the promoter’s books and records. The bill defines “proprietary confidential business information” as information controlled by the promoter, which a promoter intends to be private and that the disclosure of the information would cause harm to the promoter or its business operations. If a promoter discloses information pursuant to a statutory provision or an order of a court or administrative body, the disclosed information is still considered proprietary confidential business information. In addition, information is proprietary confidential business information if a private agreement provides that such information will not be released to the public. Proprietary confidential business information includes the number of ticket sales for a match, the amount of gross receipts after a match, trade secrets as defined by s. 688.002, F.S., business plans, internal auditing controls and reports of internal auditors, and external auditors’ reports.

The bill provides that information made confidential and exempt by this subsection may be disclosed to another governmental entity in the performance of its duties and responsibilities.

The bill provides that these exemptions are subject to the Open Government Sunset Review Act in accordance with s. 119.15, F.S., and are repealed on October 2, 2019, unless reviewed and saved from repeal through reenactment by the Legislature.

The bill is linked to CS/CS/HB 773, relating to pugilistic exhibitions, by Regulatory Affairs Committee; Business and Professional Regulation Subcommittee; and Rep. Hutson and others (CS/SB 810 by Regulated Industries Committee; and Senator Galvano).

If approved by the Governor, these provisions take effect on the same date that HB 773 or similar legislation takes effect, if such legislation is adopted in the same legislative session or an extension thereof and becomes law.

Vote: Senate 34-0; House 105-12