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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142

                            CHAMBER ACTION
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11  Senator Diaz de la Portilla moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Section 288.1067, Florida Statutes, is

18  created to read:

19         288.1067  Confidentiality of records.--

20         (1)  The following information held by the Office of

21  Tourism, Trade, and Economic Development, Enterprise Florida,

22  Inc., or county or municipal governmental entities, and their

23  employees or agents, pursuant to the incentive programs for

24  qualified businesses as provided in s. 220.191, s. 288.1045,

25  s. 288.106, s. 288.108, or s. 288.1088 is confidential and

26  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

27  I of the State Constitution, for a period not to exceed the

28  duration of the relevant tax refund, tax credit, or incentive

29  agreement:

30         (a)  The business's federal employer identification

31  number, unemployment compensation account number, and Florida

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1  sales tax registration number.

  2         (b)  Any trade secret information as defined in s.

  3  812.081. Notwithstanding any provision of this section, trade

  4  secret information shall continue to be confidential and

  5  exempt after the duration of the tax refund, tax credit, or

  6  incentive agreement.

  7         (c)  The percentage of the business's sales occurring

  8  outside this state and, for businesses applying under s.

  9  288.1045, the percentage of the business's gross receipts

10  derived from Department of Defense contracts during the 5

11  years immediately preceding the date the business's

12  application is submitted.

13         (d)  The anticipated wages for the project jobs that

14  the business plans to create, as reported on the application

15  for certification.

16         (e)  The average wage actually paid by the business for

17  those jobs created by the project and any detailed proprietary

18  business information or an employee's personal identifying

19  information, held as evidence of the achievement or

20  nonachievement of the wage requirements of the tax refund, tax

21  credit, or incentive agreement programs or of the job-creation

22  requirements of such programs.

23         (f)  Any proprietary business information regarding

24  capital investment in eligible building and equipment made by

25  the qualified business project when held by the Office of

26  Tourism, Trade, and Economic Development as evidence of the

27  achievement or nonachievement of the investment requirements

28  for the tax-credit certification under s. 220.191, for the

29  high-impact performance agreement under s. 288.108, or for the

30  quick-action closing fund agreement under s. 288.1088.  

31         (g)  The amount of:

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1         1.  Taxes on sales, use, and other transactions paid

  2  pursuant to chapter 212;

  3         2.  Corporate income taxes paid pursuant to chapter

  4  220;

  5         3.  Intangible personal property taxes paid pursuant to

  6  chapter 199;

  7         4.  Emergency excise taxes paid pursuant to chapter

  8  221;

  9         5.  Insurance premium taxes paid pursuant to chapter

10  624;

11         6.  Excise taxes paid on documents pursuant to chapter

12  201; or

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

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15  which the qualified business reports on its application for

16  certification or reports during the term of the tax refund

17  agreement, and for which the qualified business claims a tax

18  refund under s. 288.1045 or s. 288.106, and any such

19  information held as evidence of the achievement or

20  nonachievement of performance items contained in the tax

21  refund agreement.

22         (2)  Nothing contained in this section shall prevent

23  the Office of Tourism, Trade, and Economic Development or

24  Enterprise Florida, Inc., from releasing:

25         (a)  The names of qualified businesses, the total

26  number of jobs each business expects to create, the total

27  number of jobs created by each business, and the amount of tax

28  refunds awarded to and claimed by each business under s.

29  228.1045 or s. 288.106. However, for a business applying under

30  s. 288.1045 based on obtaining a new Department of Defense

31  contract, the total number of jobs expected and the amount of

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1  tax refunds claimed shall not be released until the new

  2  Department of Defense contract is awarded;

  3         (b)  The amount of incentives awarded and claimed by

  4  each business under s. 288.108 or s. 288.1088; or

  5         (c)  The names of qualified businesses, the total

  6  number of jobs each business expects to create, and the total

  7  number of jobs created by each business under s. 220.191.

  8         (3)  Nothing contained in this section shall prevent

  9  the Office of Tourism, Trade and Economic Development or

10  Enterprise Florida, Inc., from publishing statistics in the

11  aggregate and so classified as to prevent the identification

12  of a single qualified applicant.

13         (4)  This section is subject to the Open Government

14  Sunset Review Act of 1995 in accordance with s. 119.15 and

15  shall stand repealed on October 2, 2007, unless reviewed and

16  saved from repeal through reenactment by the Legislature.

17         Section 2.  Paragraph (k) of subsection (7) of section

18  213.053, Florida Statutes, is amended to read:

19         213.053  Confidentiality and information sharing.--

20         (7)  Notwithstanding any other provision of this

21  section, the department may provide:

22         (k)1.  Payment information relative to chapters 199,

23  201, 212, 220, and 221, and 624 to the Office of Tourism,

24  Trade, and Economic Development, or its employees or agents

25  that are identified in writing by the office to the

26  department, in the its administration of the tax refund

27  program for qualified defense contractors authorized by s.

28  288.1045 and the tax refund program for qualified target

29  industry businesses authorized by s. 288.106.

30         2.  Information relative to tax credits taken by a

31  business under s. 220.191 and exemptions or tax refunds

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1  received by a business under s. 212.08(5)(j) to the Office of

  2  Tourism, Trade, and Economic Development, or its employees or

  3  agents that are identified in writing by the office to the

  4  department, in the administration and evaluation of the

  5  capital investment tax credit program authorized in s. 220.191

  6  and the semiconductor, defense, and space tax exemption

  7  program authorized in s. 212.08(5)(j).

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  9  Disclosure of information under this subsection shall be

10  pursuant to a written agreement between the executive director

11  and the agency.  Such agencies, governmental or

12  nongovernmental, shall be bound by the same requirements of

13  confidentiality as the Department of Revenue.  Breach of

14  confidentiality is a misdemeanor of the first degree,

15  punishable as provided by s. 775.082 or s. 775.083.

16         Section 3.  Subsection (1) of section 443.1715, Florida

17  Statutes, is amended to read:

18         443.1715  Disclosure of information; confidentiality.--

19         (1)  RECORDS AND REPORTS.--Information revealing the

20  employing unit's or individual's identity obtained from the

21  employing unit or from any individual pursuant to the

22  administration of this chapter, and any determination

23  revealing such information, must, except to the extent

24  necessary for the proper presentation of a claim or upon

25  written authorization of the claimant who has a workers'

26  compensation claim pending, must be held confidential and

27  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

28  I of the State Constitution. Such information may be made

29  available only to public employees in the performance of their

30  public duties, including employees of the Department of

31  Education in obtaining information for the Florida Education

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1  and Training Placement Information Program and the Office of

  2  Tourism, Trade, and Economic Development in its administration

  3  of the qualified defense contractor tax refund program

  4  authorized by s. 288.1045 and the qualified target industry

  5  tax refund program authorized by s. 288.106. Except as

  6  otherwise provided by law, public employees receiving such

  7  information must retain the confidentiality of such

  8  information. Any claimant, or the claimant's legal

  9  representative, at a hearing before an appeals referee or the

10  commission shall be supplied with information from such

11  records to the extent necessary for the proper presentation of

12  her or his claim. Any employee or member of the commission or

13  any employee of the division, or any other person receiving

14  confidential information, who violates any provision of this

15  subsection commits a misdemeanor of the second degree,

16  punishable as provided in s. 775.082 or s. 775.083. However,

17  the division may furnish to any employer copies of any report

18  previously submitted by such employer, upon the request of

19  such employer, and may furnish to any claimant copies of any

20  report previously submitted by such claimant, upon the request

21  of such claimant, and the division is authorized to charge

22  therefor such reasonable fee as the division may by rule

23  prescribe not to exceed the actual reasonable cost of the

24  preparation of such copies. Fees received by the division for

25  copies as provided in this subsection must be deposited to the

26  credit of the Employment Security Administration Trust Fund.

27         Section 4.  The Legislature finds that it is a public

28  necessity to provide confidentiality for certain information

29  concerning businesses that is obtained through the

30  administration of the tax refund, tax credit, and incentive

31  programs for qualified defense contractors, qualified

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1  target-industry businesses, high-impact performance incentive

  2  businesses, quick-action closing fund businesses, and

  3  capital-investment tax-credit businesses under sections

  4  220.191, 288.1045, 288.106, 288.108, and 288.1088, Florida

  5  Statutes.  The disclosure of information such as trade

  6  secrets, tax identification numbers, analyses of gross

  7  receipts, the amount of taxes paid, the amount of capital

  8  investment, and the amount of employee wages paid, and the

  9  detailed documentation to substantiate such performance

10  information, could injure a business in the marketplace by

11  providing its competitors with detailed insights into the

12  financial status and the strategic plans of the business,

13  thereby diminishing the advantage that the business maintains

14  over those who do not possess such information. The

15  disclosure, prior to the award of a new Department of Defense

16  contract, of information such as the number of new jobs to be

17  created to perform the contract and the amount of refunds

18  claimed could injure a business by providing competitors with

19  detailed insights into the resources of the business and

20  diminish the business's chances of obtaining a new Department

21  of Defense contract. Some of the documentation supplied to

22  support a business's tax refund and credit claims, or other

23  incentive claims, could reveal private information, such as

24  employee names and social security numbers, concerning that

25  business's employees.  Without this exemption, private-sector

26  businesses, whose records generally are not required to be

27  open to the public, might refrain from participating in these

28  economic-development programs and thus would not be able to

29  use the tax refunds available under the programs. If a

30  business were unable to use the tax refund, it might choose to

31  locate its employment and other investment activities outside

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1  the state, depriving the state and the public of the potential

  2  economic benefits associated with such business activities in

  3  Florida. The harm to businesses in the marketplace and to the

  4  effective administration of these economic-development

  5  programs caused by the public disclosure of such information

  6  far outweighs the public benefits derived from its release. In

  7  addition, because the confidentiality provided by this act

  8  does not preclude the reporting of statistics in the aggregate

  9  concerning the programs, as well as the names of businesses

10  participating in the programs and the amount of tax refunds

11  and other incentives awarded and claimed, the public has

12  access to information important to an assessment of the

13  performance of those programs.

14         Section 5.  This act shall take effect upon becoming a

15  law.

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17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20         Delete everything before the enacting clause

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22  and insert:

23                      A bill to be entitled

24         An act relating to public records; creating s.

25         288.1067, F.S.; creating a public-records

26         exemption for specified business information

27         received under the capital-investment

28         tax-credit program,

29         qualified-defense-contractor tax-refund

30         program, qualified target industry tax-refund

31         program, high impact sector performance

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                                                  SENATE AMENDMENT

    Bill No. CS/HB 777

    Amendment No. ___   Barcode 573142





  1         program, and quick-action closing fund program;

  2         specifying that the exemption does not preclude

  3         publication of aggregate data or release of

  4         names of qualifying businesses and refund

  5         amounts; amending s. 213.053, F.S.; adding an

  6         exception to the exemption; amending s.

  7         443.1715, F.S.; adding an exception to the

  8         exemption; providing a statement of public

  9         necessity; providing an effective date.

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