Senate Bill sb1136e1

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    CS for SB 1136                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to public-records exemptions;

  3         amending s. 288.1067, F.S.; expanding the

  4         public-records exemption for incentive programs

  5         to include the Innovation Incentive Program

  6         under s. 288.1089, F.S.; providing for future

  7         review and repeal; providing a statement of

  8         public necessity; providing a contingent

  9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsections (1) and (4) of section

14  288.1067, Florida Statutes, are amended to read:

15         288.1067  Confidentiality of records.--

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

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

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

19  employees or agents, pursuant to the incentive programs for

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

21  s. 288.106, s. 288.108, or s. 288.1088, or s. 288.1089 is

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

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

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

25  credit, or incentive agreement:

26         (a)  The business's federal employer identification

27  number, unemployment compensation account number, and Florida

28  sales tax registration number.

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

30  812.081. Notwithstanding any provision of this section, trade

31  secret information shall continue to be confidential and


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    CS for SB 1136                           First Engrossed (ntc)



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

 2  incentive agreement.

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

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

 5  288.1045, the percentage of the business's gross receipts

 6  derived from Department of Defense contracts during the 5

 7  years immediately preceding the date the business's

 8  application is submitted.

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

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

11  for certification.

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

13  those jobs created by the project and any detailed proprietary

14  business information or an employee's personal identifying

15  information, held as evidence of the achievement or

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

17  credit, or incentive agreement programs or of the job creation

18  requirements of such programs.

19         (f)  Any proprietary business information regarding

20  capital investment in eligible building and equipment made by

21  the qualified business project when held by the Office of

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

23  achievement or nonachievement of the investment requirements

24  for the tax credit certification under s. 220.191, for the

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

26  Quick Action Closing Fund agreement under s. 288.1088, or for

27  the Innovation Incentive Program agreement under s. 288.1089.

28         (g)  The amount of:

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

30  pursuant to chapter 212;

31  


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    CS for SB 1136                           First Engrossed (ntc)



 1         2.  Corporate income taxes paid pursuant to chapter

 2  220;

 3         3.  Intangible personal property taxes paid pursuant to

 4  chapter 199;

 5         4.  Emergency excise taxes paid pursuant to chapter

 6  221;

 7         5.  Insurance premium taxes paid pursuant to chapter

 8  624;

 9         6.  Excise taxes paid on documents pursuant to chapter

10  201; or

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

12  

13  which the qualified business reports on its application for

14  certification or reports during the term of the tax refund

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

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

17  information held as evidence of the achievement or

18  nonachievement of performance items contained in the tax

19  refund agreement.

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

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

22  shall stand repealed on October 2, 2011 2007, unless reviewed

23  and saved from repeal through reenactment by the Legislature.

24         Section 2.  The Legislature finds that it is a public

25  necessity to provide confidentiality for certain information

26  concerning businesses that is obtained through the

27  administration of the Innovation Incentive Program for

28  qualified innovation businesses under s. 288.1089, Florida

29  Statutes. The disclosure of information such as trade secrets,

30  tax identification numbers, analyses of gross receipts, the

31  amount of taxes paid, the amount of capital investment, and


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    CS for SB 1136                           First Engrossed (ntc)



 1  the amount of employee wages paid, and the detailed

 2  documentation to substantiate such performance information,

 3  could injure a business in the marketplace by providing its

 4  competitors with detailed insights into the financial status

 5  and the strategic plans of the business, thereby diminishing

 6  the advantage that the business maintains over those that do

 7  not possess such information. Without this exemption,

 8  private-sector businesses, whose records generally are not

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

10  participating in the economic development program and thus

11  would not be able to use the incentives available under the

12  program. If a business were unable to use the incentives, the

13  business might choose to locate its employment and other

14  investment activities outside the state, depriving the state

15  and the public of the potential economic benefits associated

16  with such business activities in this state. The harm to

17  businesses in the marketplace and to the effective

18  administration of the economic development program caused by

19  the public disclosure of such information far outweighs the

20  public benefits derived from its release. In addition, because

21  the confidentiality provided by s. 288.1067, Florida Statutes,

22  does not preclude the reporting of statistics in the aggregate

23  concerning the program, as well as the names of businesses

24  participating in the program and the amount of incentives

25  awarded and claimed, the public has access to information

26  important to an assessment of the performance of the program.

27         Section 3.  This act shall take effect July 1, 2006, if

28  Senate Bill 2728 or similar legislation is adopted in the same

29  legislative session or an extension thereof and becomes a law.

30  

31  


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