Florida Senate - 2018                                    SB 1604
       
       
        
       By Senator Taddeo
       
       
       
       
       
       40-01129-18                                           20181604__
    1                        A bill to be entitled                      
    2         An act relating to public records; amending s.
    3         288.1259, F.S.; providing an exemption from public
    4         records requirements for certain application
    5         information submitted to the Florida Motion Picture
    6         Capital Corporation; providing for legislative review
    7         and repeal of the exemption; providing a statement of
    8         public necessity; providing a contingent effective
    9         date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (8) is added to section 288.1259,
   14  Florida Statutes, as created by SB ___, to read:
   15         288.1259 Florida Motion Picture Capital Corporation.—
   16         (8) APPLICATIONS; PUBLIC RECORDS EXEMPTION.—Personal
   17  financial records, trade secrets, and proprietary information of
   18  persons applying for financing for a production are confidential
   19  and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
   20  Constitution. This subsection is subject to the Open Government
   21  Sunset Review Act in accordance with s. 119.15 and shall stand
   22  repealed on October 2, 2023, unless reviewed and saved from
   23  repeal through reenactment by the Legislature.
   24         Section 2. The Legislature finds that it is a public
   25  necessity that personal financial records, trade secrets, and
   26  proprietary information of persons applying for financing by the
   27  Florida Motion Picture Capital Corporation in a production be
   28  exempt from s. 119.07(1), Florida Statutes, and s. 24(a),
   29  Article I of the State Constitution. If the personal financial
   30  records, trade secrets, and proprietary information of persons
   31  applying for financing were subject to disclosure, a chilling
   32  effect on participation would result. There is a strong
   33  likelihood that productions would choose not to apply for
   34  financing from the Florida Motion Picture Capital Corporation.
   35  Since productions are required to make in-state expenditures as
   36  a condition of receiving such financing, the chilling effect
   37  caused by such disclosure would undermine the public purpose of
   38  the Florida Motion Picture Capital Corporation to encourage this
   39  state to be used as a site for scripted productions and would
   40  consequently result in productions being produced outside of the
   41  state.
   42         Section 3. This act shall take effect on the same date that
   43  SB ___ or similar legislation takes effect, if such legislation
   44  is adopted in the same legislative session or an extension
   45  thereof and becomes a law.