The Florida Senate

288.1067  Confidentiality of records.--

(1)  The following information held by the Office of Tourism, Trade, and Economic Development, Enterprise Florida, Inc., or county or municipal governmental entities, and their employees or agents, pursuant to the incentive programs for qualified businesses as provided in s. 220.191, s. 288.1045, s. 288.106, s. 288.108, or s. 288.1088 is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, for a period not to exceed the duration of the relevant tax refund, tax credit, or incentive agreement:

(a)  The business's federal employer identification number, unemployment compensation account number, and Florida sales tax registration number.

(b)  Any trade secret information as defined in s. 812.081 Notwithstanding any provision of this section, trade secret information shall continue to be confidential and exempt after the duration of the tax refund, tax credit, or incentive agreement.

(c)  The percentage of the business's sales occurring outside this state and, for businesses applying under s. 288.1045, the percentage of the business's gross receipts derived from Department of Defense contracts during the 5 years immediately preceding the date the business's application is submitted.

(d)  The anticipated wages for the project jobs that the business plans to create, as reported on the application for certification.

(e)  The average wage actually paid by the business for those jobs created by the project and any detailed proprietary business information or an employee's personal identifying information, held as evidence of the achievement or nonachievement of the wage requirements of the tax refund, tax credit, or incentive agreement programs or of the job creation requirements of such programs.

(f)  Any proprietary business information regarding capital investment in eligible building and equipment made by the qualified business project when held by the Office of Tourism, Trade, and Economic Development as evidence of the achievement or nonachievement of the investment requirements for the tax credit certification under s. 220.191, for the high-impact performance agreement under s. 288.108, or for the Quick Action Closing Fund agreement under s. 288.1088

(g)  The amount of:

1.  Taxes on sales, use, and other transactions paid pursuant to chapter 212;

2.  Corporate income taxes paid pursuant to chapter 220;

3.  Intangible personal property taxes paid pursuant to chapter 199;

4.  Emergency excise taxes paid pursuant to chapter 221;

5.  Insurance premium taxes paid pursuant to chapter 624;

6.  Excise taxes paid on documents pursuant to chapter 201; or

7.  Ad valorem taxes paid, as defined in s. 220.03(1),

which the qualified business reports on its application for certification or reports during the term of the tax refund agreement, and for which the qualified business claims a tax refund under s. 288.1045 or s. 288.106, and any such information held as evidence of the achievement or nonachievement of performance items contained in the tax refund agreement.

(2)  Nothing contained in this section shall prevent the Office of Tourism, Trade, and Economic Development or Enterprise Florida, Inc., from releasing:

(a)  The names of qualified businesses, the total number of jobs each business expects to create, the total number of jobs created by each business, and the amount of tax refunds awarded to and claimed by each business under s. 288.1045 or s. 288.106 However, for a business applying under s. 288.1045 based on obtaining a new Department of Defense contract, the total number of jobs expected and the amount of tax refunds claimed shall not be released until the new Department of Defense contract is awarded;

(b)  The amount of incentives awarded and claimed by each business under s. 288.108 or s. 288.1088; or

(c)  The names of qualified businesses, the total number of jobs each business expects to create, and the total number of jobs created by each business under s. 220.191

(3)  Nothing contained in this section shall prevent the Office of Tourism, Trade, and Economic Development or Enterprise Florida, Inc., from publishing statistics in the aggregate and so classified as to prevent the identification of a single qualified applicant.

(4)  This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and shall stand repealed on October 2, 2007, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 2002-68; s. 22, ch. 2003-1.