CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on State Administration offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsections (1), (2), (3), and (4) of

18  section 288.1067, Florida Statutes, are created and, effective

19  upon the passage of House Bill 779, or similar legislation,

20  subsection (5) of section 288.1067, Florida Statutes, is

21  created to read:

22         288.1067  Confidentiality of records.--

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

24  Tourism, Trade, and Economic Development or Enterprise

25  Florida, Inc., and their employees or agents, pursuant to the

26  incentive programs for qualified businesses as provided in ss.

27  220.191, 288.1045, 288.106, 288.108, or 288.1088 is

28  confidential and exempt from the provisions of s. 119.07(1)

29  and s. 24(a), Art. I of the State Constitution, for a period

30  not to exceed the duration of the relevant tax refund, tax

31  credit, or incentive agreement program:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1         (a)  The business' federal employer identification

  2  number, unemployment compensation account number, and Florida

  3  sales tax registration number.

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

  5  812.081 contained in any description of the type of business

  6  activity or product covered by the project or contained in any

  7  statement concerning the qualified business' need for the tax

  8  refund, tax credit, or incentive agreement program, or

  9  concerning the proposed uses of the tax refund, tax credit, or

10  incentive agreement by the qualified business.

11         (c)  The percentage of the business' sales occurring

12  outside of this state. For businesses applying under s.

13  288.1045, the percentage of the business' gross receipts

14  derived from Department of Defense contracts during the 5

15  years immediately preceding the date the business' application

16  is submitted.

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

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

19  for certification.

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

21  those jobs created by the project, and any detailed

22  proprietary business information or an employee's personal

23  identifying information, held as evidence of the achievement

24  or non-achievement of the wage requirements of the tax refund,

25  tax credit, or incentive agreement program or of the job

26  creation requirements of such programs.

27         (f)  Any proprietary business information regarding

28  capital investment in eligible building and equipment made by

29  the qualified business project when held by the Office of

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

31  achievement or non-achievement of the investment requirements

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  for the tax credit certification under s. 202.191, for the

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

  3  quick action closing fund agreement under s. 288.1088.  

  4         (g)  The amount of:

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

  6  pursuant to chapter 212;

  7         2.  Corporate income taxes paid pursuant to chapter

  8  220;

  9         3.  Intangible personal property taxes paid pursuant to

10  chapter 199;

11         4.  Emergency excise taxes paid pursuant to chapter

12  221;

13         5.  Insurance premium taxes paid pursuant to chapter

14  624;

15         6.  Excise taxes paid on documents pursuant to chapter

16  201; or

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

18

19  which the qualified business reports on its application for

20  certification or reports during the term of the tax refund

21  agreement for which the qualified business claims a tax refund

22  under ss. 288.1045 or 288.106, and any information held as

23  evidence of the achievement or non-achievement of performance

24  items contained in the tax refund agreement.

25         (2)  Nothing contained in this section shall prevent

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

27  Enterprise Florida, Inc. from releasing:

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  228.1045 or s. 288.106;

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

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

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

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

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

  7         (3)  Nothing contained in this section shall prevent

  8  the Office of Tourism, Trade and Economic Development or

  9  Enterprise Florida, Inc. from publishing statistics in the

10  aggregate and so classified as to prevent the identification

11  of a single qualified applicant.

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

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

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

15  saved from repeal through reenactment by the Legislature.

16         (5)  The provisions of this section apply to a

17  qualified "aviation-industry business" as defined in s.

18  288.1045.  In addition, the amount of aviation fuel taxes paid

19  pursuant to s. 206.9825, when reported on an application for

20  certification as an aviation-industry business or paid during

21  the term of the aviation-industry business' tax refund

22  agreement, and for which the qualified aviation-industry

23  business claims a tax refund under s. 288.1045, and is held as

24  evidence of the achievement, or non-achievement, of

25  performance items contained in the tax refund agreement, is

26  confidential and exempt from the provisions of s. 119.07(1)

27  and s. 24(a), Art. I of the State Constitution, when held by

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

29  Enterprise Florida, Inc., and their employees or agents, for a

30  period not to exceed the duration of the tax refund agreement.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  213.053, Florida Statutes, is amended to read:

  2         213.053  Confidentiality and information sharing.--

  3         (7)  Notwithstanding any other provision of this

  4  section, the department may provide:

  5         (k)  Payment information relative to chapters 199, 201,

  6  212, 220, and 221, and 624 to the Office of Tourism, Trade,

  7  and Economic Development or its employees or agents, in its

  8  administration of the tax refund program for qualified defense

  9  contractors authorized by s. 288.1045 and the tax refund

10  program for qualified target industry businesses authorized by

11  s. 288.106.  Information regarding tax credits received by a

12  business under s. 220.191 and exemptions or tax refunds

13  received by a business under s. 212.08(5)(j) held by the

14  Office of Tourism, Trade, and Economic Development, or its

15  employees or agents, in the administration and evaluation of

16  the capital investment tax credit program authorized in s.

17  220.191 and the semiconductor, defense, and space tax

18  exemption program authorized in s. 212.08(5)(j).

19         Section 3.  Contingent upon the passage of House Bill

20  779 and effective upon becoming law subsection (7) of section

21  443.171, Florida Statutes, is amended to read:

22         443.171  Division and commission; powers and duties;

23  rules; advisory council; records and reports; proceedings;

24  state-federal cooperation.--

25         (7)  RECORDS AND REPORTS.--Each employing unit shall

26  keep true and accurate work records, containing such

27  information as the division may prescribe. Such records shall

28  be open to inspection and be subject to being copied by the

29  division at any reasonable time and as often as may be

30  necessary. The division or an appeals referee may require from

31  any employing unit any sworn or unsworn reports, with respect

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  to persons employed by it, deemed necessary for the effective

  2  administration of this chapter. However, a state or local

  3  governmental agency performing intelligence or

  4  counterintelligence functions need not report an employee if

  5  the head of such agency has determined that reporting the

  6  employee could endanger the safety of the employee or

  7  compromise an ongoing investigation or intelligence mission.

  8  Information revealing the employing unit's or individual's

  9  identity thus obtained from the employing unit or from any

10  individual pursuant to the administration of this chapter,

11  shall, except to the extent necessary for the proper

12  presentation of a claim or upon written authorization of the

13  claimant who has a workers' compensation claim pending, be

14  held confidential and exempt from the provisions of s.

15  119.07(1). Such information shall be available only to public

16  employees in the performance of their public duties, including

17  employees of the Department of Education in obtaining

18  information for the Florida Education and Training Placement

19  Information Program and the Office of Tourism, Trade, and

20  Economic Development in its administration of the qualified

21  defense contractor tax refund program for qualified defense

22  contractors and aviation-industry businesses authorized by s.

23  288.1045 and, the qualified target industry business tax

24  refund program authorized by s. 288.106. Any claimant, or the

25  claimant's legal representative, at a hearing before an

26  appeals referee or the commission shall be supplied with

27  information from such records to the extent necessary for the

28  proper presentation of her or his claim. Any employee or

29  member of the commission or any employee of the division, or

30  any other person receiving confidential information, who

31  violates any provision of this subsection is guilty of a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  misdemeanor of the second degree, punishable as provided in s.

  2  775.082 or s. 775.083. However, the division may furnish to

  3  any employer copies of any report previously submitted by such

  4  employer, upon the request of such employer, and the division

  5  is authorized to charge therefor such reasonable fee as the

  6  division may by rule prescribe not to exceed the actual

  7  reasonable cost of the preparation of such copies. Fees

  8  received by the division for copies provided under this

  9  subsection shall be deposited to the credit of the Employment

10  Security Administration Trust Fund.

11         Section 4.  Contingent upon the passage of House Bill

12  779 and effective upon becoming law subsection (1) of section

13  443.1715, Florida Statutes, is amended to read:

14         443.1715  Disclosure of information; confidentiality.--

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

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

17  employing unit or from any individual pursuant to the

18  administration of this chapter, and any determination

19  revealing such information, must, except to the extent

20  necessary for the proper presentation of a claim or upon

21  written authorization of the claimant who has a workers'

22  compensation claim pending, must be held confidential and

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

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

25  available only to public employees in the performance of their

26  public duties, including employees of the Department of

27  Education in obtaining information for the Florida Education

28  and Training Placement Information Program and the Office of

29  Tourism, Trade, and Economic Development in its administration

30  of the qualified defense contractor tax refund program for

31  qualified defense contractors and aviation-industry businesses

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  authorized by s. 288.1045. Except as otherwise provided by

  2  law, public employees receiving such information must retain

  3  the confidentiality of such information. Any claimant, or the

  4  claimant's legal representative, at a hearing before an

  5  appeals referee or the commission shall be supplied with

  6  information from such records to the extent necessary for the

  7  proper presentation of her or his claim. Any employee or

  8  member of the commission or any employee of the division, or

  9  any other person receiving confidential information, who

10  violates any provision of this subsection commits a

11  misdemeanor of the second degree, punishable as provided in s.

12  775.082 or s. 775.083. However, the division may furnish to

13  any employer copies of any report previously submitted by such

14  employer, upon the request of such employer, and may furnish

15  to any claimant copies of any report previously submitted by

16  such claimant, upon the request of such claimant, and the

17  division is authorized to charge therefor such reasonable fee

18  as the division may by rule prescribe not to exceed the actual

19  reasonable cost of the preparation of such copies. Fees

20  received by the division for copies as provided in this

21  subsection must be deposited to the credit of the Employment

22  Security Administration Trust Fund.

23         Section 5.  The Legislature finds that it is a public

24  necessity to provide confidentiality for certain information

25  about businesses that is obtained through the administration

26  of the tax refund, tax credit, and incentive programs for

27  qualified defense contractors, qualified target-industry

28  businesses, high-impact performance incentive businesses,

29  quick-action closing fund businesses, capital investment tax

30  credit businesses, and aviation-industry businesses under ss.

31  220.191, 288.1045, 288.106, 288.108, and 288.1088, Florida

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  Statutes.  The disclosure of information such as trade

  2  secrets, tax identification numbers, analyses of gross

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

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

  5  detailed documentation to substantiate such performance

  6  information, could injure a business in the marketplace by

  7  providing its competitors with detailed insights into the

  8  financial status and the strategic plans of the business,

  9  thereby diminishing the advantage that the business maintains

10  over those who do not possess such information.  Some of the

11  documentation supplied to support a businesses' tax refund and

12  credit claims, or other incentive claims, could reveal private

13  information about that businesses' employees such as names and

14  social security numbers.  Without this exemption,

15  private-sector businesses, whose records generally are not

16  required to be open to the public, might refrain from

17  participating in these economic development programs and thus

18  would not be able to use the the tax refunds available under

19  the programs. If a business was unable to use the tax refund,

20  it might choose to locate its employment and other investment

21  activities outside the state, depriving the state and the

22  public of the potential economic benefits associated with such

23  business activities in Florida. The harm to businesses in the

24  marketplace and to the effective administration of these

25  economic development programs caused by the public disclosure

26  of such information far outweighs the public benefits derived

27  from its release. In addition, because the confidentiality

28  provided by this act does not preclude the reporting of

29  statistics in the aggregate about the programs, as well as the

30  names of businesses participating in the programs and the

31  amount of tax refunds and other incentives awarded and

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 777

    Amendment No. ___ (for drafter's use only)





  1  claimed, the public has access to information important to an

  2  assessment of the performance of those programs.

  3         Section 6.  This act shall take effect upon becoming

  4  law, except as otherwise provided.

  5

  6

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

  8  And the title is amended as follows:

  9         On page 1, lines 5 through 15,

10  remove:  all of said lines

11

12  and insert:

13         received under the capital investment tax

14         credit program, qualified defense contractors

15         tax refund program, qualified target industry

16         tax refund program, high impact sector

17         performance program, and quick action closing

18         fund program; specifying that the exemption

19         does not preclude publication of aggregate data

20         or release of names of qualifying businesses

21         and refund amounts; providing that the public

22         records exemption applies to qualified

23         aviation-industry businesses; amending s.

24         214.053, F.S.; adding an exception to the

25         exemption; amending s. 443.171, F.S.; adding an

26         exception to the exemption; amending s.

27         443.1715, F.S.; adding an exception to the

28         exemption; providing a

29

30

31

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