House Bill hb0391
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Florida House of Representatives - 2001 HB 391
By the Committee on State Administration and
Representative Brummer
1 A bill to be entitled
2 An act relating to public records exemptions
3 for certain information obtained in connection
4 with administration of the qualified defense
5 contractor and qualified target industry tax
6 refund programs; amending s. 288.1066, F.S.,
7 which provides exemptions from public records
8 requirements for certain identifying,
9 proprietary, tax, and trade secret information
10 received in connection with administering said
11 tax refund programs; reenacting such exemptions
12 and removing the October 2, 2001, repeal
13 thereof scheduled under the Open Government
14 Sunset Review Act of 1995; deleting superfluous
15 language; providing an effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Notwithstanding the October 2, 2001, repeal
20 of said section scheduled pursuant to the Open Government
21 Sunset Review Act of 1995, section 288.1066, Florida Statutes,
22 is reenacted and amended to read:
23 288.1066 Confidentiality of records.--
24 (1) The following information when received by the
25 Department of Commerce; the Office of Tourism, Trade, and
26 Economic Development; Enterprise Florida, Inc.; or county or
27 municipal governmental entities and their employees pursuant
28 to the qualified defense contractor tax refund program as
29 required by s. 288.1045 is confidential and exempt from the
30 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
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Florida House of Representatives - 2001 HB 391
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1 Constitution for a period not to exceed the duration of the
2 tax refund agreement or 10 years, whichever is earlier:
3 (a) The applicant's federal employer identification
4 number and Florida sales tax registration number.
5 (b) The percentage of the applicant's gross receipts
6 derived from Department of Defense contracts during the 5
7 taxable years immediately preceding the date the application
8 is submitted.
9 (c) The amount of:
10 1. Taxes on sales, use, and other transactions paid
11 pursuant to chapter 212;
12 2. Corporate income taxes paid pursuant to chapter
13 220;
14 3. Intangible personal property taxes paid pursuant to
15 chapter 199;
16 4. Emergency excise taxes paid pursuant to chapter
17 221; and
18 5. Ad valorem taxes paid
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20 during the 5 fiscal years immediately preceding the date of
21 the application, and the projected amounts of such taxes to be
22 due in the 3 fiscal years immediately following the date of
23 the application.
24 (d) Any trade secret information as defined in s.
25 812.081 contained within any statement concerning the
26 applicant's need for tax refunds or concerning the proposed
27 uses of such refunds by the applicant.
28 (2) The following information when received by the
29 Department of Commerce; the Office of Tourism, Trade, and
30 Economic Development; Enterprise Florida, Inc.; or county or
31 municipal governmental entities and their employees pursuant
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Florida House of Representatives - 2001 HB 391
688-157-01
1 to the qualified target industry tax refund program as
2 required by s. 288.106 is confidential and exempt from the
3 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
4 Constitution for a period not to exceed the duration of the
5 tax refund agreement or 10 years, whichever is earlier:
6 (a) The applicant's federal employer identification
7 number and Florida sales tax registration number.
8 (b) Any trade secret information as defined in s.
9 812.081 contained within any description of the type of
10 business activity or product covered by the project.
11 (c) The anticipated wages of those jobs projected to
12 be created by the project.
13 (d) The amount of:
14 1. Taxes on sales, use, and other transactions paid
15 pursuant to chapter 212;
16 2. Corporate income taxes paid pursuant to chapter
17 220;
18 3. Intangible personal property taxes paid pursuant to
19 chapter 199;
20 4. Emergency excise taxes paid pursuant to chapter
21 221; and
22 5. Ad valorem taxes paid
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24 during the 5 fiscal years immediately preceding the date of
25 the application, and the projected amounts of such taxes to be
26 due in the 3 fiscal years immediately following the date of
27 the application.
28 (e) Any trade secret information as defined in s.
29 812.081 contained within any statement concerning the role
30 that the tax refunds requested will play in the decision of
31 the applicant to locate or expand in this state.
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Florida House of Representatives - 2001 HB 391
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1 (f) An estimate of the proportion of the sales
2 resulting from the project that will be made outside this
3 state.
4 (3) Nothing contained in this section shall prevent
5 the Department of Commerce; the Office of Tourism, Trade, and
6 Economic Development; Enterprise Florida, Inc.; or any county
7 or municipal governmental entity receiving the information
8 described in this section from publishing statistics in the
9 aggregate and so classified as to prevent the identification
10 of a single qualified applicant.
11 (4) This section is subject to the Open Government
12 Sunset Review Act of 1995 in accordance with s. 119.15, and
13 shall stand repealed on October 2, 2001, unless reviewed and
14 saved from repeal through reenactment by the Legislature.
15 Section 2. This act shall take effect October 1, 2001.
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18 HOUSE SUMMARY
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Reenacts the public records exemptions for certain
20 identifying, proprietary, tax, and trade secret
information received in connection with administering the
21 qualified defense contractor and qualified target
industry tax refund programs, and removes the October 2,
22 2001, repeal thereof scheduled under the Open Government
Sunset Review Act of 1995.
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